Current through February 26, 2024
(1) LICENSE REQUIRED.
(a) No hotel, motel, or tourist rooming house
may be opened to the public until the operator of the facility has obtained a
license from the department or its agent by submitting an application under
sub. (4) and paying the applicable fee specified in s. ATCP 72.05. A separate
license is required for each hotel, motel, or tourist rooming house.
(b) If any license holder sells or otherwise
transfers ownership or operation of a hotel, motel, or tourist rooming house to
another person, except as provided in sub. (3), a new initial license is
required, and the hotel, motel, or tourist rooming house may not be opened to
the public until the department has issued a new initial license.
(2) LICENSE DURATION AND RENEWAL.
(a) Each license issued under this chapter
expires on June 30, except that a license initially issued during the period
beginning on April 1 and ending on June 30 expires on June 30 of the following
year.
(b) Each license shall be
renewed annually as provided in sub. (4) (b).
(3) TRANSFERABILITY OF LICENSES. An
individual may transfer a license to an immediate family member, as defined in
s. 97.605(4) (a)
2, Stats., if the individual is transferring
operation of the hotel, motel, or tourist rooming house. A sole proprietorship
that reorganizes as a business entity, as defined in s.
180.1100(1g),
Stats., or a business entity that reorganizes as a sole proprietorship or a
different type of business entity may transfer a license to the newly formed
business entity or sole proprietorship if the hotel, motel, or tourist rooming
house remains at the location for which the license was issued and 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 this
subsection, no license issued under this chapter is transferable from one
premise to another or from one person or entity to another.
Note: Under s.
97.605(4) (a)
2, Stats., "Immediate family member" means a
spouse, grandparent, parent, sibling, child, stepchild, or grandchild or the
spouse of a grandparent, parent, sibling, child, stepchild, or grandchild.
Under ss. 97.605(4) (a) 1
and 180.1100(1g),
Stats., a "business entity" means: a corporation, as defined in s.
180.0103(5),
Stats., a limited liability company, as defined in s.
183.0102(10),
Stats., a limited partnership, or a corporation, as defined in s.
181.0103(5),
Stats., a foreign limited liability company, as defined in s.
183.0102(8),
Stats., a foreign limited partnership, a foreign corporation, as defined in s.
180.0103(9),
Stats., or a foreign corporation, as defined in s.
181.0103(13),
Stats.
(4) LICENSE
APPLICATION.
(a)
Initial
license. Application for an initial or new license shall be made on an
application form furnished by the department or its agent and shall be
accompanied by all of the following:
1. The
applicable fees specified under s. ATCP 72.05 and any fees previously due to
the department or its agent.
2.
Information, as determined by the department or its agent, indicating that the
hotel, motel, and tourist rooming house will be maintained and operated in
compliance with applicable federal and state laws and that rules have been
implemented for the operation of the hotel, motel, and tourist rooming house
that will protect the health, safety, and welfare of the public.
Note: To obtain a copy of the hotel, motel or
tourist rooming house operator license application form, or to determine which
agent to contact for an application form, call (608) 224-4923 or send an e-mail
to datcpdfslicensing@wi.gov.
(b)
Renewal license.To renew
the license of a facility, the operator shall pay the department, the
applicable establishment license fee specified under s. ATCP 72.05 before the
license expires. If the payment to renew the license of an establishment is not
made to the department before the expiration date of the establishment license,
the late fee specified under s. ATCP 72.05 (2) (c) shall be paid in addition to
the license fee.
Note: Local health department that are agents
for the department have authority under s.
97.41(4) (a),
Stats., to establish and collect fees for licenses issued by the local health
department. If the establishment was licensed by a local health department,
contact the local health department for its license fee
schedule.
(5)
DEPARTMENT OR AGENT ACTION ON LICENSE APPLICATION.
(a) The department or its agent shall issue
or deny a license within 30 days after receiving a complete application, all
applicable fees, and the other information required under sub. (4).
(b) Except as provided in s.
93.135, Stats., the initial
issuance, renewal, or continued validity of a license issued under this
subsection may be conditioned upon the requirement that the license holder
correct a violation of this chapter, s.
97.605, Stats., or ordinances
adopted under s. 97.615(2) (g),
Stats., within a period of time specified. If the condition is not met within
the specified time or after an extension of time as approved by the department,
the license is void. No person may operate a hotel, motel, or tourist rooming
house after a license has been voided under this paragraph, and any person who
does so shall be subject to the penalties under ss.
97.72 and
97.73, Stats. An operator whose
license is voided under this paragraph may appeal the decision under s. ATCP
72.08.
(c) The department or its
agent may refuse to issue or renew a license to operate a hotel, motel or
tourist rooming house under any of the following circumstances:
1. The department or its agent has not
conducted a preinspection of a hotel, motel, or tourist rooming house for which
an initial or new license is required under sub. (1).
2. The operator of a hotel, motel, or tourist
rooming house has not corrected a condition for which the department or agent
has issued a written a health or safety-related order.
3. All applicable fees under s. ATCP 72.05
have not been paid, including the license fee, preinspection fee, reinspection
fee, or other applicable fees.
4.
The operator has modified, repaired or maintained the hotel, motel, or tourist
rooming house in a manner that is not in accordance with what the department
recognizes as safe practice as outlined in this chapter.
5. The operator, applicant, or license holder
has failed to provide the department or its agent with information required
under sub. (4).
6. The operator or
applicant has violated ch. 97, Stats., this chapter, or any order, ordinance,
or regulation created by a village, city, county, or local board of health
having jurisdiction, provided such violation is related to the operation of the
hotel, motel, or tourist rooming house.
(d) If the department or its agent denies an
application for a license, the applicant shall be given reasons, in writing,
for the denial and information regarding appeal rights under s. ATCP
72.08.
(6) VOIDED
LICENSE FOR FAILURE TO PAY FEES. If an applicant or operator fails to pay all
applicable fees, late fees and processing charges under s. ATCP 72.05 within 15
days after the applicant or operator receives notice of an insufficiency under
s. ATCP 72.05, or within 45 days after the expiration of the license, whichever
occurs first, the license is void. An operator whose license is voided under
this subsection may appeal the decision under s. ATCP 72.08. In an appeal
concerning a voided license under this subsection, the burden is on the license
applicant or operator to show that the entire applicable fees, late fees and
processing charges have been paid. During any appeal process concerning a
payment dispute, operation of the hotel, motel, or tourist rooming house is
deemed to be operation without a license and is subject to the fees under s.
ATCP 72.05 (2) (e) in addition to the fees otherwise due, unless the applicant
or operator meets its burden of proof under this subsection.
(7) LICENSE POSTING. A current license issued
by the department shall be posted in a place visible to the public. A license
may not be altered or defaced.
