ATCP 75.04(36)(36) “Retail food establishment serving prepackaged meals” means a retail food establishment-serving meals that only serves individually wrapped single food servings that are prepared and packaged off-premises by a food processing plant or retail food establishment, licensed under s. ATCP 75.06 (1), with preparation at the retail food establishment limited to heating and serving by establishment personnel. ATCP 75.04(37)(a)(a) “Special event” means a department-recognized event that is sponsored, planned, organized, and publicly advertised by organizations that include the following: ATCP 75.04(37)(b)(b) Special events are limited to gatherings of people for concerts; sporting events; trade shows; flea markets or farmers markets; public exhibitions by artists, craftsman, or vehicle enthusiasts; a fair, carnival, circus, or governmentally recognized celebration based on a specific calendar date such as a holiday or anniversary; or any other event approved by the regulatory agency. A “potluck” is not a “special event”. ATCP 75.04(39)(39) “Transient retail food establishment” means a temporary retail food establishment that operates at a fixed location in conjunction with a special event and sells or serves food for a period of no more than 14 consecutive days or in conjunction with an occasional sales promotion. ATCP 75.04(40)(40) “Vending machine” means any self-service device offered for public use that, upon insertion of a coin or token, or by other means, dispenses unit servings of food or beverage either in bulk or in package, without the necessity of replenishing the device between each vending operation. “Vending machine” does not include a micro-market or a device which dispenses only bottled, prepackaged or canned soft drinks, a one-cent vending device, a vending machine dispensing only candy, gum, nuts, nut meats, cookies, or crackers, or a vending machine dispensing only prepackaged grade A pasteurized milk or milk products. ATCP 75.04(43)(43) “Wholesale” means the sale of any food to a person or commercial entity who will either re-sell it, distribute it for re-sale, or use it as an ingredient in a product that will be offered for sale. “Wholesale” includes activities in which the processor relinquishes control of the food. “Wholesale” does not include the movement of food between two food processing plants or retail food establishments licensed to the same licensee, except for the movement of dairy products as specified in s. ATCP 65.04. ATCP 75.04 HistoryHistory: CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in numbering of (17m), (37) (a) made under s. 13.92 (4) (b) 1., Stats., and correction in (6), (12), (18), (21), (22), (37) (intro.) made under s. 35.17, Stats., Register July 2020 No. 775. ATCP 75.06ATCP 75.06 Retail food establishments; licensing. ATCP 75.06(1)(1) License required. Except as provided under s. ATCP 75.063, no person may operate a retail food establishment without a valid license issued by the department or its agent. Issuance of a retail food establishment license shall be done in accordance with all of the following: ATCP 75.06(1)(a)(a) Each retail food establishment shall have a separate license. ATCP 75.06(1)(b)(b) The current retail food establishment license issued by the department or its agent shall be posted in a place visible to the general public. A license may not be altered or defaced. ATCP 75.06(1)(c)(c) A retail food establishment license is not transferable between persons or establishments. ATCP 75.06 NoteNote: An agent, as defined in s. ATCP 75.04(4), has authority under s. 97.615 (2) (d), Stats., to establish and collect fees for licenses issued by the agent. The operator of a retail food establishment licensed by an agent should contact the agent for its license fee schedule.