Wis. Admin. Code ATCP § ATCP 78.08

Current through December 30, 2024

Section ATCP 78.08 - Department fees

(1) CAMP LICENSE CATEGORY ASSIGNMENT.

(a)Criteria.

1. The department or its agent shall assign a camp to a license category by evaluating the complexity of the camp based on the criteria specified in Table A.

2. A camp whose point value is 5 or less, shall be assigned to the simple license category.

3. A camp whose point value is 6 to 10 shall be assigned to the moderate license category.

4. A camp whose point value is 11 or more shall be assigned to the complex license category.

(b)Point values for determining factors for assigning a camp license category.

ATCP 78.08 Table A -

Determining Factors	Point Value
The camp provides on-premises or off-premises waterfront activities including: swimming, kayaking, boating, sailing, canoeing, or inflatables to campers. This does not include vendor provided waterfront activities.	2
The camp offers camper firearm activity on-premises.	1
Archery, ax, hatchet, or knife throwing is offered to campers on-premises.	1
The camp offers high element challenge course to campers on-premises.	3
The camp offers low element challenge course to campers on-premises.	1
The camp offers horseback riding to campers on-premises.	1
The camp offers motorized vehicle activity for campers on-premises including go-kart, all-terrain vehicle, or utility-terrain vehicle.	1
The camp serves one or more rental groups including a school, church group, or scout troop.	1
The camp premises includes structures that are utilized for lodging, dining, health services, waterfront activities, water supply systems, or challenge courses that require inspection travel beyond a half mile from the main centralized camper drop off or welcome location (basic services that are spread out, or distant service areas).	1
The camp utilizes more than 3 private wells to supply camp drinking water.	1
The camp utilizes more than one kitchen or physical building with kitchen preparation space to serve meals to campers.	1
Camp sleeping structures. Choose one of the following:
*The camp has one to 10 stand-alone sleeping structures including a cabin, yurt, covered wagon, Adirondack shelter, or platform tent throughout premises.	1
*The camp has 11-20 stand-alone sleeping structures throughout premises.	2
*The camp has 21 or more stand-alone sleeping structures throughout premises.	3
Hospitality add-on
Does the licensed recreational and educational camp also offer additional activity such as a retail food establishment, campground, hotel, motel, bed and breakfast, or a tourist rooming house within the confines of the recreational and education camp, utilizing the same camp structures to serve other adult guests and their families?	Yes or No
* For college dorms, count individual sleeping rooms used by camp

(c)Evaluation of assessment score. The operator of a camp may ask the department to reconsider the camp license category assignment within 30 days of the category assignment.

Note: To request evaluation of license category assignment call the bureau of food and recreational businesses at (608) 224-2720 or send your written request to the bureau of food and recreational businesses at PO Box 8911 Madison, WI 53708-8911 or if licensed by a local health department, contact that local health department.

(2) FEE SCHEDULE. Pursuant to s. 97.67(5), Stats., no license may be issued until all applicable fees have been paid. Fee amounts listed in s. ATCP 78.08 Table B or C apply to camp licenses issued by the department under this chapter.

Note: Local health departments that are agents for the department have authority pursuant to 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.

(3) TYPE OF FEES.

(a)Preinspection fee. The operator shall pay the applicable preinspection fee listed in s. ATCP 78.08 Table B or C to the department before a new license is issued pursuant to s. ATCP 78.07 (3).

(b)License fee. The operator of a camp shall pay the applicable license fee listed in s. ATCP 78.08 Table B or C to the department for each camp for which the operator applies for a new or renewal license.

(c)Late fee. If the license fee for a license renewal is not paid on or filed before the expiration date of the license, the operator of the camp shall pay to the department a late fee as specified in s. ATCP 78.08 Table B or C pursuant to s. 93.21(5) (b), Stats., in addition to the renewal license fee.

(d)Reinspection or administrative follow-up fee. If the department conducts a reinspection or an administrative follow-up of a camp pursuant to s. ATCP 78.09 (1) (b) 1. or 4., the operator shall pay to the department the applicable reinspection or administrative follow-up fee listed in s. ATCP 78.08 Table B or C. The department shall assess an additional fee as listed in s. ATCP 78.08 Table B or C whichever is applicable, for any second or subsequent reinspection or administrative follow-up conducted pursuant to s. ATCP 78.09 (1) (b) 4.

(e)Fees for operating without a license. If a camp is found to be operating without a license, the operator shall pay to the department a fee of $749.00, in addition to all applicable fees and any processing charges pursuant to sub. (4).

Note: Anyone operating a camp without a license is also subject to the penalties in ss. 97.72 and 97.73, Stats.

(f)Duplicate license.If an operator requests a duplicate license, the operator shall pay the department a fee of $15.00.

(g)Fees for special condition inspections. For inspection or consultation activities that are not directly related to the department's responsibilities for issuing licenses, the department shall charge the operator or the entity requesting the inspection or consultation $175.00.

Note: An example includes a buyer that wants an inspection or consultation prior to a real estate transaction.

(4) PENALTIES FOR INSUFFICIENCY OF PAYMENT. If the payment for a new or renewal license is by check or other draft drawn upon an account containing insufficient funds, the applicant or operator shall, within 15 days after receipt of notice from the department of the insufficiency, pay all applicable fees pursuant to sub. (1), and the financial institution's processing charges by cashier's check or other certified draft, or money order.

ATCP 78.08 Table B For licenses issued April 1, 2023 through March 31, 2025 -

Recreational and Educational Camp License Category	License Fee	Preinspection Fee	First Reinspection or Administrative Follow-Up Fee	Second and Subsequent Reinspection or Administrative Follow-Up Fee	Late Fee
Simple	$490	$980	$200	$300	$98
Simple/w Hospitality*	$540	$1080	$200	$300	$108
Moderate	$530	$1060	$200	$300	$106
Moderate/w Hospitality*	$635	$1270	$200	$300	$127
Complex	$570	$1140	$200	$300	$114
Complex/w Hospitality*	$715	$1430	$200	$300	$143

* Provides a hospitality activity.

Note: Hospitality activity does not include the operation of a retail food establishment, campground, hotel, motel, bed and breakfast establishment, or tourist rooming house that is solely operated independently and separate from the recreational and educational camp operation. These separate activities shall obtain a license as required pursuant to chs. ATCP 72, 73, 75, and 79.

ATCP 78.08 Table C For licenses issued on or after April 1, 2025 -

Recreational and Educational Camp License Category	License Fee	Preinspection Fee	First Reinspection or Administrative Follow-Up Fee	Second and Subsequent Reinspection or Administrative Follow-Up Fee	Late Fee
Simple	$510	$1020	$200	$300	$102
Simple/w Hospitality*	$562	$1124	$200	$300	$112
Moderate	$555	$1110	$200	$300	$111
Moderate/w Hospitality*	$661	$1322	$200	$300	$132
Complex	$593	$1186	$200	$300	$119
Complex/w Hospitality*	$744	$1488	$200	$300	$149
* Provides a hospitality activity. Note: Hospitality activity does not include the operation of a retail food establishment, campground, hotel, motel, bed and breakfast establishment, or tourist rooming house that is solely operated independently and separate from the recreational and educational camp operation. These separate activities shall obtain a license as required pursuant to chs. ATCP 72, 73, 75, and 79.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 78.08

Renumbered from DHS 175.08 Register June 2016 No. 726 ; correction made under s. 13.92(4) (b) 7, Stats., Register June 2016 No. 726, eff. 7/1/2016

Amended by, CR 18-019: am. Register January 2020 No. 769, eff. 2/1/2020

Adopted by, CR 21-109: cr. Register June 2023 No. 810, eff. 9/24/2023

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