Wis. Admin. Code ATCP § ATCP 79.05

Current through November 25, 2024

Section ATCP 79.05 - License to operate a campground

(1) LICENSE REQUIRED.

(a)Conditions requiring a license. No person may operate a campground without a license from the department or its agent if any one of the following applies:

1. A person offers or intends to offer 3 or fewer campsites and advertises or otherwise presents to the public an offer of the campground or specific campsites.

2. A person offers or intends to offer 4 or more campsites, regardless whether the person advertises or otherwise presents to the public an offer of the campground or specific campsites.

Note: Pursuant to s. 97.67(1g), Stats., a campground license is not required for camping at a county or district fair at which 4-H Club members exhibit, for the 4 days preceding the fair, the duration of the fair, and the 4 days following the fair.

3.

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

b. As provided in s. 97.67(2) (b) and (c), Stats., an individual may transfer a license to an immediate family member, if the individual is transferring operation of the campground. 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 campground 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.

c. Except as provided in this paragraph, no license issued under this chapter is transferable from one premise to another or from one person or entity to another.

d. A person who wishes to transfer a license under subd. 3. a. or b. shall notify the department or its agent prior to operation of the campground.

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., "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.

Note: To notify the department of a transfer of ownership, call (608) 224-4923 or send an e-mail to datcpdfslicensing@wi.gov.

(b)Conditions requiring multiple licenses. If 2 or more campgrounds are located within a tract of land owned by the person who owns or operates both campgrounds and the central registration location of each campground is separated by 5 or more miles, a separate license is required for each campground.

(c)Preinspection required. Before the department or its agent may issue a license to operate a campground under par. (a) or (b), the department or agent shall conduct a preinspection. A preinspection is not required for a transfer to an immediate family member under par. (a) 3. b.

Note: Pursuant to 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 public campground or to a person intending to be the new operator of an existing campground.

(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).

(3) NEW LICENSE.

(a)Application. To apply for a new license, the applicant shall apply on an application form provided by the department or its agent. The completed application shall be accompanied by all of the following:

1. The applicable fees specified under s. ATCP 79.06 and any fees previously due to the department or its agent under this chapter.

2. Information, as determined by the department or its agent, including documentation that the campground will be maintained and operated in compliance with this chapter, applicable federal and state laws, as it relates to the health, safety, and welfare of the public.

Note: As provided under s. 97.615(2) (d), Stats., a local health department can establish and collect fees for licenses. If you were issued a license by a local health department, contact the local health department for its license fee schedule.

(b)Requests for preinspection. The operator shall contact the department or its agent and arrange a time for the preinspection required under s. ATCP 79.05 (1) (c), before operating a campground.

Note: To obtain a copy a copy of the campground operator license application form, or to arrange for a preinspection, call (608) 224-4923 or send an e-mail to datcpdfslicensing@wi.gov.

(4) LICENSE RENEWAL.

(a) To renew a license, the operator shall pay the department the applicable license fee specified under s. ATCP 79.06 before the license expires. If payment to renew a license fee is not received by the department before the expiration date of the license, the late fee specified under s. ATCP 79.06 (2) (c) shall be paid in addition to the license fee. An application for a renewal license is not required.

(b)

1. The department may refuse to renew a license as provided under sub. (5) (a) 1.

2. The department shall refuse to renew a license as provided under sub. (5) (b).

(5) DEPARTMENT OR AGENT ACTION ON A LICENSE APPLICATION.

(a)Department decision on a license.

1. The department or its agent may not issue a new license or renew an existing license for a campground unless all of the following conditions are met:

a. The operator has corrected a condition for which the department or agent has issued a written health or safety-related order.

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

c. 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).

(b)License prohibited. The department or its agent shall refuse to issue a new license or renew an existing license to operate a campground 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 under s. ATCP 79.05 (1) (c).

3. The department or its agent has not approved the plan for the campground under s. ATCP 79.04.

4. The operator has not paid all of the applicable fees under s. ATCP 79.06.

5. The operator has modified, repaired, or maintained the campground in a manner that is not in accordance with what the department recognizes as safe practice as outlined in 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 upon the requirement that the license holder correct a violation of this chapter, s. 97.67, Stats., or ordinances adopted under 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 campground after a license has been voided. Any person who does so shall be subject to the penalties under ss. 97.72 and 97.73, Stats., and fees under s. ATCP 79.06 (2) (e). An operator whose license is voided under this paragraph may appeal the decision under s. ATCP 79.09.

(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 campground within 30 days after the applicant meets all of the requirements under subs. (3) or (4), as applicable.

2. 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 provided under s. ATCP 79.09.

(6) VOIDED LICENSE FOR FAILURE TO PAY FEES.

(a)Payment time frame. If an applicant or operator fails to pay all applicable fees, late fees, and processing charges under s. ATCP 79.06, within 45 days after the expiration of the license, the license is void.

(b)Notice of insufficiency. If the department receives a notice of an insufficiency under s. ATCP 79.06 (3), the applicant or operator shall have 15 days after receipt of notice from the department of the insufficiency to pay all applicable fees and processing charges or the license is void.

(c)Appeal rights. An operator whose license is voided under this subsection may appeal the decision as provided under s. ATCP 79.09. The burden is on the license applicant or operator 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 campground is deemed to be operation without a license and is subject to the fees under s. ATCP 79.06 (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.

Wis. Admin. Code Department of Agriculture, Trade and Consumer Protection ATCP 79.05

Renumbered from DHS 178.05 Register June 2016 No. 726; correction in (1) (a) 3. a., b., (3) (b), (4) (a), (5) (a) 1. c., (c), (d) 2., (6) made under s. 13.92(4) (b) 7, Stats., Register June 2016 No. 726, eff. 7/1/2016

Amended by, correction in (5) (c) made under s. 13.92(4) (b) 7, Stats., Register January 2017 No. 733, eff. 2/1/2017

Amended by, CR 18-019: am. (title), (1) (title), (a) (intro.), 3., (b), (c), (2), (3) (title), (a) (intro.), (4), (5) (title), (a) (title), 1. (intro.), b., c., (b) (intro.), (c), (d), (6), (7) Register January 2020 No. 769, eff. 2/1/2020

Amended by, correction in (1) (a) 3. b. made under s. 13.92 (4) (b) 7, Stats., Register February 2023 No. 806, eff. 3/1/2023