A sole proprietorship that reorganizes as a business entity, as defined in s. 179.70 (1)
, or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a license issued under this section for a campground, camping resort, recreational or educational camp, or public swimming pool to the newly formed business entity or sole proprietorship if all of the following conditions are satisfied:
The campground, camping resort, recreational or educational camp, or public swimming pool remains at the location for which the license was issued.
At least one individual who had an ownership interest in the sole proprietorship or business entity to which the license was issued has an ownership interest in the newly formed sole proprietorship or business entity.
Except as provided in s. 93.135
, the initial issuance, renewal or continued validity of a license issued under this section may be conditioned upon the requirement that the licensee correct a violation of this section, rules promulgated by the department under this section or ordinances adopted under s. 97.615 (2) (g)
, within a period of time that is specified. If the condition is not met within the specified period of time, the license is void.
For a recreational or educational camp that is applying for a renewed license under this subchapter, the department or a local health department granted agent status under s. 97.615 (2)
may waive, for not more than 2 out of every 3 license years, any routine inspection for those license years if the camp has exhibited effective managerial control of public health hazards, as defined by the department by rule. Annual license fees and all other applicable requirements shall apply to the camp.
Licenses issued under this section expire on June 30, except that licenses initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year. Except as provided in s. 97.615 (2) (d)
, the department shall promulgate rules that establish, for licenses issued under this section, amounts of license fees, pre-licensing inspection fees, reinspection fees, fees for operating without a license, and late fees for untimely license renewal.
No license may be issued under this section until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the license applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from the department, late fees and processing charges that are specified by rules promulgated by the department. If the license applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the license is void. In an appeal concerning voiding of a license under this subsection, the burden is on the license applicant to show that the entire applicable fees, late fees and processing charges have been paid. During any appeal process concerning payment dispute, operation of the establishment in question is considered to be operation without a license.
In this subsection, “qualified health services staff" means any of the following:
Effective date note
Subd. 3. is shown as amended eff. 4-1-22 by 2021 Wis. Act 23
. Prior to 4-1-22 it reads:
Effective date text
3. A physician assistant licensed under subch. II of ch. 448.
An athletic trainer certified by the national athletic trainers association.
A person who is certified as completing the American Red Cross emergency response course.
A person who is certified as completing the American Red Cross responding to emergencies course or an equivalent course.
For a camp that lasts longer than 3 days, the department shall allow qualified health services staff to designate an individual at the camp to administer to a camper, or staff member, who is under 18 years of age medications brought to the camp by that camper or staff member, other than medications that a camper or staff member may carry himself or herself.
If the department requires health services staff to make a record of medication administered or treatment provided to a camper or staff member, the department shall allow such records to be made and maintained electronically, if done in a system that documents each change to the health record and that does not allow previous changes to the health record to be edited or deleted.
Before serving as a lifeguard at a public swimming pool or a recreational and educational camp or as an on-site health services staff member at a recreational and educational camp, an individual shall have proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr)
, achieved through instruction provided by an individual, organization, or institution of higher education achieved through instruction approved under s. 46.03 (38)
to provide such instruction.
The department may not require that a swimming pool be staffed by a lifeguard as a condition of receiving a license under this section if the swimming pool is less than 2,500 square feet, the swimming pool is located in a private club in the city of Milwaukee, and the club has a policy that prohibits a minor from using the swimming pool when not accompanied by an adult.
See also chs. ATCP 76
, and 79
, Wis. adm. code.
Authority of department of safety and professional services.
Nothing in this chapter affects the authority of the department of safety and professional services relative to places of employment, elevators, boilers, fire escapes, fire protection, or the construction of public buildings.
History: 2015 a. 55
The department and the department of safety and professional services may employ experts, inspectors, or other assistants jointly.
History: 2015 a. 55
Suspension or revocation of license.
The department or a local health department designated as an agent under s. 97.615 (2)
or 97.41 (2)
may refuse or withhold issuance of a license under this chapter or may suspend or revoke a license for violation of this chapter or any rule or order of the department, ordinance of the village, city or county or regulation of the local board of health.
History: 1975 c. 413
; Stats. 1975 s. 50.70; 1983 a. 203
; 1987 a. 27
; 1993 a. 27
; Stats. 1993 s. 254.86; 1995 a. 27
s. 9126 (19)
; 2007 a. 20
s. 9121 (6) (a)
; 2015 a. 55
; 2015 Stats. s. 97.71.
Any person who violates any of the provisions of this chapter for which a specific penalty is not prescribed shall be fined not less than $100 nor more than $1,000 or imprisoned for not more than 6 months, for the first offense; and for each subsequent offense, fined not less than $500 nor more than $5,000, or imprisoned for not less than 30 days nor more than one year in the county jail or both.
In lieu of any criminal penalty provided under this chapter, a person who violates this chapter may be required to forfeit not more than $1,000 for each violation. If the prosecutor seeks to impose a forfeiture, he or she shall proceed under ch. 778
In addition to penalties applicable to this chapter, the department may apply to any court of competent jurisdiction for a temporary or permanent injunction restraining any person from violating provisions of this chapter and rules or orders issued under this chapter.
History: 1971 c. 156
; Stats. 1971 s. 97.73; 1983 a. 261