Wisconsin Administrative Code
Department of Agriculture, Trade and Consumer Protection
ATCP 55-89 - Food, Lodging, and Recreation Safety
Chapter ATCP 78 - Recreational And Educational Camps
Subchapter II - Licensing and Fees
Section ATCP 78.07 - Licenses

Universal Citation: WI Admin Code ยง ATCP 78.07

Current through August 26, 2024

(1) LICENSE REQUIRED. Except as specified in par. (c), a license is required when a camp is advertised or offered free of charge or in return for payment of a fee by a person or by the state or a local unit of government.

(a) Conditions requiring a license. No person may operate a camp without holding a license from the department or its agent. The following requirements apply:
1. A separate license is required for each camp.

2. Except as provided pursuant to subd. 3., if a license holder sells or otherwise transfers ownership or operation of a camp to another person, a new license is required pursuant to s. 97.67(2) (a), Stats., and the camp may not be opened to the public until the department or its agent has issued a new license.

3. A camp operator can transfer ownership of the camp under any of the following:
a. Pursuant to s. 97.67(2) (b) and (c), Stats., an individual may transfer a license to an immediate family member.

b. 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 camp 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.

4. No license issued under this chapter is transferable from one premises to another.

5. A person who wishes to transfer a license shall notify the department or its agent prior to operation of the camp.

Note: To notify the department of a transfer of ownership, please email datcpdfrsrec@wisconsin.gov or contact the bureau of food and recreational businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.

6. A person who operates a licensed camp and operates a retail food establishment, campground, hotel, motel, bed and breakfast establishment, or tourist rooming house that is solely operated independently and separately from the camp operation shall obtain an additional license, as applicable:
a. Retail food establishment license as required pursuant to ch. ATCP 75.

b. Campground license as required pursuant to ch. ATCP 79.

c. Hotel, motel, or tourist rooming house license as required pursuant to ch. ATCP 72.

d. Bed and breakfast establishment license pursuant to ch. ATCP 73.

Note: An example when an additional retail food license is required. A college campus kitchen that prepares and serves food to campers. The campus also has additional food service establishments that operate solely independently from the kitchen that serves campers. These independent food service operations would be required to obtain a separate retail food establishment license.

Note: An example when additional recreational licenses are required. A camp that has lodging or campground facilities that are exclusively rented to adults and families and are not used by campers. These lodging or campground facilities would be required to hold a separate lodging or campground license.

7. The operator of a camp that also offers an additional activity such as, a retail food establishment, campground, hotel, motel, bed and breakfast establishment or tourist rooming house within the confines of the camp, utilizing the same camp structures to serve other adult guests and their families shall pay the fee associated with applicable licensing category including the term "with hospitality" as indicated pursuant to s. ATCP 78.08 Table B or C. When the premises of a camp is used for hospitality activity, the operator is not required to meet ss. ATCP 78.16, 78.21, 78.25, 78.26, 78.27, 78.28, 78.29, and 78.32. A person that operates a retail food establishment, campground, bed and breakfast establishment, hotel, motel, or tourist rooming house under a camp license shall follow and is subject to the applicable administrative rules for that activity:
a. Retail food establishment, ch. ATCP 75.

b. Campground, ch. ATCP 79.

c. Hotel, motel or tourist rooming house, ch. ATCP 72.

d. Bed and breakfast establishment, ch. ATCP 73.

Note: An example when an additional retail food license is not required. A university campus kitchen prepares and serves food to campers and campus students, because the kitchen does not solely operate independently but in conjunction with student food service, no additional retail food establishment license is required.

Note: An example when an additional retail food license is not required. A camp kitchen provides food to campers, but also provides food service to other adult or family groups that may be utilizing the camp premises, because the kitchen does not solely operate independently but in conjunction with other food service, no additional retail food establishment license is required.

Note: An example when additional recreational licenses are not required. A camp has lodging or campground facilities that are rented to adults and families and are also used by campers. These lodging or campground facilities would not be required to hold a separate lodging or campground license.

Note: More information on the applicable administrative rule requirements for hospitality activities may be obtained by contacting the department by email datcpdfrsrec@wisconsin.gov or contact the bureau of food and recreational businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.

8. An operator may request evaluation by the department to clarify a subd. 6. or 7., licensing categorization decision made by the department or its agent. The operator shall follow the licensing requirement specified by the department following the evaluation. P

(b) Preinspection required. Before the department or its agent may issue a license to operate a camp pursuant to par. (a) and s. 97.67(1m), Stats., the department or agent shall conduct a preinspection. A preinspection is not required for a transfer pursuant to par. (a) 3.

Note: Pursuant to s. 97.67(1m), Stats., the department or a local health department granted agent status under s. 97.615(2), Stats., may not, without a preinspection, grant a license to a person intending to operate a new camp or to a person intending to be the new operator of an existing camp. Please call the local health department to arrange for a preinspection.

Note: To arrange a preinspection from the department contact the bureau of food and recreational businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.

(c) License exemptions. A license for a camp is not required under any of the following:
1. An overnight planned program of recreation or education for families or non-developmentally disabled adults.

2. An overnight planned program of recreation or education for fewer than 4 consecutive nights and without permanent facilities for food and lodging.

3. An overnight planned program for credit at an accredited academic institution.

4. A tournament, competition, visitation, recruitment, campus conference, or a professional sports team training camp.

(2) LICENSE DURATION AND RENEWAL.

(a) Expiration. 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) Annual renewal. Each license shall be renewed annually as provided in sub. (4) (a).

(3) NEW LICENSE.

(a) Application. The license applicant shall apply on an application form provided by the department or its agent. The completed application form shall be accompanied by all of the following:
1. The applicable fees specified pursuant to s. ATCP 78.08 or s. 97.615(2) (d), Stats., and any fees previously due to the department or its agent under this chapter.

2. Information, as required by the department or its agent, including documentation that indicates the camp will be maintained and operated in compliance with this chapter, any other chapter related to a hospitality activity, and applicable local, federal and state laws, as it relates to the health, safety, and welfare of the public.

Note: As provided pursuant to s. 97.615(2) (d), Stats., a local health department can establish and collect fees for licenses. If you need a license application for an agent-licensed camp, contact the local health department.

Note: To obtain a copy of the camp license application form for a state-licensed camp, contact the bureau of food and recreational businesses at (608) 224-4702 or PO Box 8911, Madison, Wisconsin 53708-8911.

(b) Requests for preinspection. The operator shall contact the department or its agent and arrange a time for the preinspection required pursuant to sub. (1) (b), before operating a camp.

(4) LICENSE RENEWAL.

(a) Payment. To renew a license, the operator shall pay the department the applicable license fee specified pursuant to s. ATCP 78.08 before the license expires. If payment to renew a license fee is not received by the department on or before the expiration date of the license, the late fee specified pursuant to s. ATCP 78.08 Table B or C shall be paid in addition to the license fee. Submission of an application for a renewal license is not required.

(b) Department action on a license renewal.
1. The department may refuse to renew a license pursuant to s. 93.06(7), Stats., and under sub. (5) (a).

2. The department shall refuse to renew a license as provided pursuant to s. 93.06(7), Stats., and sub. (5) (b).

(5) DEPARTMENT ACTION ON A LICENSE APPLICATION.

(a) Department discretion on a license.The department or its agent may not issue a new license or renew an existing license for a camp unless all of the following conditions are met.
1. The operator has corrected a condition for which the department or agent has issued a written health or safety-related order.

2. The operator, applicant, or license holder has provided the department or its agent with the information required pursuant to sub. (3) (a) 2., or documentation indicating that the camp is designed and constructed in accordance with the state law and regulations stated in this chapter.

3. The department or its agent has determined that the operator, applicant or license holder is not in violation of ch. 97, Stats., or has only a minor violation as defined in s. 227.04(1) (a), Stats

(b) License prohibited. The department or its agent shall refuse to issue a new license or renew an existing license to operate a camp under any of the following circumstances:
1. A fully and accurately completed, signed and dated application has not been received by the department or its agent.

2. The department or its agent has not conducted the preinspection required pursuant to sub. (1) (b).

3. The department or its agent has not approved the plan for the camp pursuant to s. ATCP 78.06.

4. The operator has not paid all of the applicable fees pursuant to s. ATCP 78.08.

5. The operator has modified, repaired, or maintained the camp in a manner that is not in accordance with this chapter.

(c) Conditional license. Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a license may be conditioned pursuant to s. 93.06(8), Stats., upon the requirement that the license holder correct a violation of this chapter, s. 97.67, Stats., or ordinances adopted pursuant to s. 97.615(2) (g), Stats., within a specified period of time. If the condition is not satisfied within the specified time or after an extension of time approved by the department, the license is void. No person may operate a camp after the camp license has been voided. Any person who does so shall be subject to the penalties pursuant to ss. 97.72 and 97.73, Stats., and payment of fees pursuant to s. ATCP 78.08 (3) (e). An operator whose license is voided under this paragraph may appeal the decision pursuant to s. ATCP 78.11. If the decision was made by a department's agent, the applicant may appeal the decision pursuant to s. ATCP 78.12.

(d) Granting or denial of a license.
1. The department or its agent shall issue or deny a new license or shall renew a license for a camp within 30 days after the applicant meets all of the requirements pursuant to sub. (3) or (4), as applicable.

2. If the department or its agent denies an application for a license, the applicant shall be given the decision and reason, in writing, for the denial and information regarding appeal rights provided pursuant to s. ATCP 78.11. If the decision is issued by a department's agent, the applicant may appeal the decision pursuant to s. ATCP 78.12.

(6) VOIDED LICENSE FOR FAILURE TO PAY FEES.

(a) Payment deadline. If an applicant or operator fails to pay all applicable fees, late fees, and processing charges pursuant to s. ATCP 78.08, within 45 days after the expiration of the license, the license is void.

(b) Appeal rights. An operator whose license is voided by the department under this subsection may appeal the decision as provided pursuant to s. ATCP 78.11. Pursuant to s. 97.67(5), Stats., the license applicant or operator shall demonstrate that all applicable fees, late fees and processing charges have been paid. 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.

(7) LICENSE POSTING. A current license from the department or its agent shall be posted on the premises in a place visible to the public. A license may not be altered or defaced.

This section is created eff. 9-24-23 by CR 21-109.

Disclaimer: These regulations may not be the most recent version. Wisconsin may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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