ATCP 73.04 HistoryHistory: Cr. Register, June, 1985, No. 354, eff. 7-1-85; emerg. am. (1), cr. (1m), eff. 7-1-94; am. (1), cr. (1m), Register, January, 1995, No. 469; emerg. am. (1m), eff. 7-1-96; am. (1m), Register, January, 1997, No. 493, eff. 2-1-97; am. (1m), cr. (1m) (e), Register, August, 1998, No. 512, eff. 9-1-98; CR 01-016: am. (1m) (a) and (d) and r. (1m) (e) Register May 2002 No. 557, eff. 6-1-02; CR 08-073: renum. from HFS 197.04, r. and recr. Register January 2009 No. 637, eff. 2-1-09; correction in (4) (a) 2. made under s. 13.92 (4) (b) 6., Stats., Register January 2012 No. 673; renum. from DHS 197.04 Register June 2016 No. 726; correction in (1) (a), (3), (4) (a) 1., (b), (5) (b), (c) 3., 6., (d), (6) made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (title), (1) to (3), (4) (title), (a) (intro.), (b), (5) (title), (a), (b), (c) (intro.), 1., 3., 5., (d), (6), (7) Register January 2020 No. 769, eff. 2-1-20; correction in (4) (b) made under s. 35.17, Stats., Register January 2020 No. 767; correction in (3) made under s. 13.92 (4) (b) 7., Stats., Register February 2023 No. 806.

ATCP 73.05(1)(1) Fee schedules. The fees listed in Table ATCP 73.05 A shall apply to licenses issued from April 1, 2009 through March 31, 2011. The fees listed in Table ATCP 73.05 B shall apply to licenses issued on or after April 1, 2011.

ATCP 73.05 NoteNote: Local health departments that are agents for the department have authority under s. 97.615 (2) (d), Stats., to establish and collect fees for licenses issued by the local health department. If your establishment was licensed by a local health department, contact the local health department for its license fee schedule.

ATCP 73.05(2)(a)(a) Preinspection fee. The owner of a bed and breakfast establishment shall, pursuant to sub. (1), pay the applicable preinspection fee listed in Table ATCP 73.05 A or B to the department before an initial or new license is issued under s. ATCP 73.04.

ATCP 73.05(2)(b)(b) License fee. The owner of a bed and breakfast establishment shall, pursuant to sub. (1), pay the applicable license fee listed in Table ATCP 73.05 A or B to the department for each bed and breakfast establishment that the operator applies for a license to operate under s. ATCP 73.04 (1) or (2).

ATCP 73.05(2)(c)(c) Late fee. If the license fee for a license renewal is not paid before the expiration date of the license, the owner of the bed and breakfast establishment shall pay to the department a late fee of $85.00 in addition to the renewal license fee.

ATCP 73.05(2)(d)(d) Reinspection fee. If the department conducts a reinspection of a bed and breakfast establishment under s. ATCP 73.06 (1) (b) 1. and 2., the owner shall, pursuant to s. sub. (1), pay to the department the applicable reinspection fee listed in Table ATCP 73.05 A or B. The department shall assess an additional fee as specified in Table ATCP 73.05 A or B, whichever is applicable, for any additional reinspection conducted under s. ATCP 73.06 (1) (b) 4.

ATCP 73.05(2)(e)(e) Fees for operating without a license. Any bed and breakfast establishment found to be operating without a license shall pay to the department an amount of $749.00, in addition to all applicable fees and any processing charges under s. ATCP 73.04 (6).

ATCP 73.05(2)(g)(g) Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department’s licensing responsibilities, the departments shall charge the operator or the entity requesting the inspection or consultation $175.00.

ATCP 73.05(3)(3) Method of payment. If the payment for an initial or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or owner shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees under sub. (1) and the financial institution’s processing charges by cashier’s check or other certified draft, money order, or cash.

ATCP 73.05 HistoryHistory: CR 08-073: cr. Register January 2009 No. 637, eff. 2-1-09; renum. from DHS 197.05 Register June 2016 No. 726; correction in (1), (2) (a), (b), (d), (e) Tables A, B made under s. 13.92 (4) (b) 7., Stats., Register June 2016 No. 726; CR 18-019: am. (1), (2) (a) to (c), (e) to (g), (3) Register January 2020 No. 769, eff. 2-1-20; corrections in Table ATCP 73.05 A, B made under s. 35.17, Stats., Register January 2020 No. 769.

ATCP 73.06(1)(a)(a) Inspections. Under ss. 97.615 (2) and 97.65 (1), Stats., an authorized employee or agent of the department, upon presenting proper identification, may enter any bed and breakfast establishment at any reasonable time, for any of the following purposes:

ATCP 73.06(1)(b)1.1. The department or its agent may reinspect a bed and breakfast establishment whenever an inspection or the investigation of a complaint reveals the existence of a violation that is potentially hazardous to the health and welfare of patrons or employees of the bed and breakfast establishment.