Section ATCP 75.06 - Retail food establishments; licensing(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: (a) Each retail food establishment shall have a separate license.(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.(c) A retail food establishment license is not transferable between persons or establishments. Note: 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.
(2) LICENSE DURATION AND RENEWAL. (a) Each license issued under this subchapter 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, except when any of the following conditions exist: 1. The agent of a city of the 1st class may issue to a retail food establishment the license required under sub. (1) at any time during the year. A license issued under this subdivision shall expire one year from the date of its issuance.2. The license holder may request an extension to the term of a license, issued under par. (a) by the agent of a city of the 1st class, for the purpose of aligning the annual term of any other license or permit issued to that retail food establishment with the annual term of a license to be issued to that retail food establishment under subd. 1. The agent may require the license holder that receives an extension under this subdivision to pay a prorated fee in an amount determined by dividing the license fee imposed under s. 97.41(4), Stats., by 12 and multiplying the quotient by the number of months by which the license issued under par. (a) is extended under this subdivision.(b) Each license shall be renewed annually as provided in sub. (3).(c) Transient retail food establishment licenses shall be valid for a period not to exceed 14 days in conjunction with a specific special event.(3) LICENSE APPLICATION AND RENEWAL. (a)Initial license. A person applying for a retail food establishment license shall apply on a form provided by the department or its agent. The applicant shall fully complete the application form and send it with all applicable fees required under this section and any previous fees due to the department. Note: To obtain a copy of the retail food establishment license application form, or to determine which agent to contact for an application form, call (608) 224-4923 or send an email to datcpdfslicensing@wi.gov.
(b)License renewal. To renew the license of a retail food establishment, the license holder shall pay the fee, specified under Table ATCP 75.08 B, to the department before the license expires, along with any previous fees due to the department. If the license holder does not make the payment to renew the license of a retail food establishment to the department before the license expiration date, the late fee specified under Table ATCP 75.08 B shall be paid in addition to the license fee. Note: Contact the department at (608) 224-4720 for questions regarding a retail food establishment license renewal or to determine which agent to contact.
(c)Refusal of license issuance or renewal. The department or its agent may refuse to issue or renew a license to operate a retail food establishment under any of the following circumstances: 1. The department or its agent has not conducted a pre-licensing inspection of a new retail food establishment.2. The license holder has not corrected a violation for which the department or agent has issued a written health or safety related order at the retail food establishment.3. The license holder has not paid all applicable fees under s. ATCP 75.08, including the permit fee, pre-licensing fee, reinspection fee, or other applicable fees.4. The license holder or applicant has modified, repaired, or maintained the retail food establishment in a manner that does not comply with ch. ATCP 75 Appendix.5. The license holder or applicant has violated ch. 97, Stats., ch. ATCP 75, 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 retail food establishment.(4) ACTION ON LICENSE APPLICATION. Within 30 business days after the department or its agent receives a complete license application, the department or its agent shall do one of the following: (a) Grant the application.(b) Deny the application. If the department or its agent denies the application it shall give the applicant written notice specifying the reasons for the denial.(5) PRE-LICENSING INSPECTION. (ag) Except as specified in par. (am), (b), or (c), the department or its agent may not issue a license for a new retail food establishment until it conducts a pre-licensing inspection of the new retail food establishment for compliance with this chapter and all fees in Table ATCP 75.08 B have been paid, including any applicable pre-licensing fee.(am) A pre-licensing inspection may not be conducted for a transient retail food establishment, vending machine, or vending machine operator.(b) A pre-licensing inspection may not be conducted and a pre-licensing fee may not be charged under any of the following conditions: 1. An individual license holder transfers ownership of the retail food establishment to an immediate family member, as defined in s. 97.605(4) (a) 2, Stats.2. A retail food establishment 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 retains an ownership interest in the newly formed sole proprietorship or business entity that will be the license holder.3. A mobile retail food establishment license holder transfers from an agent issued license to a State-issued license.(c) Initial inspection of micro-market. The department or its agent may issue a license for a new retail food establishment that is a micro-market before it inspects the new retail food establishment that is a micro-market for compliance with this chapter. Before one year after the date that the department or its agent issues a license for a new retail food establishment that is a micro-market, it shall inspect the new retail food establishment for compliance with this chapter.(6) CONDITIONAL LICENSE. Except as provided in s. 93.135, Stats., the department may condition the initial issuance, renewal, or continued validity of a license issued under this section upon the requirement that the license holder correct a violation of this chapter and ch. ATCP 75 Appendix, s. 97.605, Stats., or ordinances adopted under s. 97.615(2) (g), Stats., within a period of time specified by the department or its agent. If the condition is not met within the specified time or after an extension of time as approved by the department or its agent, the license is void. No person may operate a retail food establishment 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. A license holder, whose license is voided under this paragraph, may appeal the decision under s. ATCP 75.14 or 75.16. The license holder may reapply for a new license when they have met requirements under this chapter.(7) VOIDED LICENSE FOR FAILURE TO PAY FEES. If an applicant or license holder fails to pay all applicable fees, late fees, and processing charges under s. ATCP 75.08(3) within 15 days after the applicant or owner receives notice of an insufficiency or within 45 days after the expiration of the license, whichever occurs first, the license is void. A license holder, whose license is voided under this subsection, may appeal the decision under s. ATCP 75.14 or 75.16. In an appeal concerning a voided license under this subsection, the burden of proof is on the license applicant or holder to show that all applicable fees, late fees, and processing charges have been paid. During any appeal process concerning a payment dispute, operation of the retail food establishment is deemed to be operation without a license and is subject to the fees under s. ATCP 75.08(3) (e) in addition to the fees otherwise due, unless the applicant or license holder meets its burden of proof under this subsection.(8) LICENSE HOLDER QUALIFICATIONS. To qualify for a license, an applicant shall do all of the following: (a) Be an owner of the retail food establishment or an officer of the legal entity owning the retail food establishment.(b) Comply with the requirements of this chapter.(c) Allow authorized representatives of the department or its agent access to the retail food establishment and provide required information to those authorized representatives.(d) Pay the applicable license fees at the time the application is submitted.Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection § ATCP 75.06
Adopted by, CR 17-074: cr. Register July 2020 No. 775, eff. 10-25-20; correction in numbering of (5) (ag), (am) made under s. 13.92(4) (b) 1., Stats., correction in (5) (ag) made under s. 13.92(4) (b) 7. and 35.17, Stats., and correction in (6), (7) made under s. 35.17, Stats., Register July 2020 No. 775, eff. 10/25/2020