Wisconsin Administrative Code › Department of Agriculture, Trade and Consumer Protection › ATCP 55-89 - Food, Lodging, and Recreation Safety › Chapter ATCP 79 - Campgrounds › Section ATCP 79.05 - License to operate a campground

Current through June 24, 2024
(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.