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

Current through June 24, 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. 
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