1. (1) License required.

   1. (a) General. No person may operate a lodging facility where sleeping accommodations are offered for pay to a tourist or transient without obtaining a license from the department or its agent.
   2. (b) Change of operator. Except as provided under par. (d), if a license holder sells or otherwise transfers ownership or operation of a lodging facility to another person, a new license is required pursuant to s. 97.605 (1) (a), Stats., and the lodging facility may not be opened to the public until the department or its agent issues a new license.

   3. (c) Licensing determination.

      1. 1. A single premises includes all of the following:

         1. a. One or more county or municipal tax parcels of land or property that share a common border.
         2. b. The lodging facility and associated buildings that are located on the land or property identified in subd. 1. a.

         3. c. The lodging facility identified in subd. 1. b. is under control of the license holder.

            Note: For questions regarding tax parcels contact the local land information department.

      2. 2. A separate license is required for each hotel, tourist rooming house, or specialty lodging type located on a single premises pursuant to par. (a).

   4. (d) Transferability of a license. A licensee may transfer ownership of the lodging facility under any of the following:

      1. 1. Pursuant to s. 97.605 (4) (d), Stats., an individual may transfer a license to an immediate family member.
      2. 2. Pursuant to s. 97.605 (4) (e), Stats., 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 lodging facility 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.
      3. 3. No license issued under this chapter is transferable from one premises to another.

   5. (e) Notification. Prior to the transfer of a license, a person shall notify the department or its agent before operation of the lodging facility.

      Note: To notify the department of a transfer of ownership, call (608) 224-4923, send an email to datcpdfslicensing@wi.gov, mail request to PO Box 8911, Madison, Wisconsin 53708−8911, or contact the department’s agent.

   6. (f) Preinspection required.

      1. 1. Before the department or its agent may issue a license to operate a lodging facility pursuant to par. (a) and s. 97.607 (1), Stats., the department or agent shall conduct a preinspection.

      2. 2. If an individually keyed unit is added to a premises of a lodging facility after the initial issuance of a license, an additional preinspection fee that corresponds to the number of units added shall be paid to the department or its agent pursuant to s. ATCP 72.08 Table A or B.

         Note: For example, hotel A is licensed for 100 rooms and expands to add 50 rooms. Hotel A would be subject to the preinspection fee for 31 to 99 rooms.

      3. 3. A preinspection is not required for a transfer of a license under par. (d).

         Note: To arrange a preinspection from the department contact the bureau of food and recreational businesses at (608) 224-4700, send an email to datcpdfslicensing@wi.gov, mail request to PO Box 8911, Madison, Wisconsin 53708−8911, or contact the department’s agent.

2. (2) License duration and renewal.

   1. (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.
   2. (b) Annual renewal. Each license shall be renewed annually as provided in sub. (4) (a).

3. (3) New license.

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

      1. 1. The applicable fees pursuant to s. ATCP 72.08 Table A or B and any fees previously due to the department or its agent under this chapter.

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

         Note: As provided pursuant to s. 97.615 (2) (d), Stats., a local health department granted agent status can establish and collect fees for licenses. To obtain a license application for an agent licensed lodging facility, contact the local health department.

         Note: To obtain a copy of the department’s lodging license application form, call (608) 224-4923, send an email to datcpdfslicensing@wi.gov, or mail request to PO Box 8911, Madison, Wisconsin 53708−8911.

         Note: An operator should consult with local government authorities that may also require a license or permit to operate a lodging facility including the local building and zoning agency.

   2. (b) Requests for preinspection. The operator shall contact the department or its agent and arrange a time for the preinspection required pursuant to sub. (1) (f), before operating a lodging facility.

4. (4) License renewal.

   1. (a) Payment. To renew a license, the operator shall pay the department the applicable license fee specified pursuant to s. ATCP 72.08 Table A or B, before the license expires. If payment to renew a license fee is not filed on or before the expiration date of the license, the late fee specified pursuant to s. ATCP 72.08 Table A or B, shall be paid in addition to the license fee. Submission of an application for a renewal license is not required.

   2. (b) Department or agent action on a license renewal.

      1. 1. The department or its agent may refuse to renew a license pursuant to ss. 93.06 (7) and 97.71, Stats., and under sub. (5) (a).
      2. 2. The department or its agent shall refuse to renew a license as provided pursuant to ss. 93.06 (7) and 97.71, Stats., and under sub. (5) (b).

5. (5) Department or agent action on a license.

   1. (a) Department or agent discretion on a license. The department or its agent may not issue a new license or renew an existing license for lodging facility unless all of the following conditions are met:

      1. 1. The operator has corrected a condition for which the department or agent has issued a written health or safety-related order.
      2. 2. 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 lodging facility is designed and constructed in accordance with state law and regulations stated in this chapter.
      3. 3. 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), Stats.

   2. (b) License prohibited. The department or its agent shall refuse to issue a new license or renew an existing license to operate a lodging facility under any of the following circumstances:

      1. 1. A fully and accurately completed, signed, and dated application has not been received by the department or its agent.
      2. 2. The operator is not in compliance with s. 93.135 (3) to (5), Stats.
      3. 3. The department or its agent has not conducted the preinspection required pursuant to sub. (1) (f).
      4. 4. The department or its agent has not approved the plan for the lodging facility pursuant to s. ATCP 72.06, for which a plan was requested for review.
      5. 5. The operator has not paid all of the applicable fees pursuant to s. ATCP 72.08 Table A or B.
      6. 6. The operator has modified, repaired, or maintained the lodging facility in a manner that is not in accordance with this chapter.
   3. (c) Conditional license. Except as provided in s. 93.135, Stats., the initial issuance, renewal, or continued validity of a license may be conditioned pursuant to ss. 93.06 (8) and 97.605 (1p), Stats., upon the requirement that the license holder correct a violation of this chapter, pursuant to s. 97.625, 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 or its agent, the license is void. No person may operate a lodging facility after a license has been voided. Any person who does so shall be subject to the penalties pursuant to s. 97.72, Stats., an injunction pursuant to 97.73, Stats., and payment of fees pursuant to s. ATCP 72.08 (2) (e). An operator whose license is voided under this paragraph may appeal the decision pursuant to s. ATCP 72.11. If the decision was made by the department’s agent, the applicant may appeal the decision pursuant to s. ATCP 72.12.

   4. (d) Granting or denial of a license.

      1. 1. The department or its agent shall issue or deny a new license or shall renew an existing license for a lodging facility within 30 calendar days after the applicant meets all of the requirements pursuant to sub. (3) or (4), as applicable.
      2. 2. If the department or its agent denies an application for a license, the applicant shall be given the decision and reason, in writing, for the denial and information regarding appeal rights pursuant to ss. ATCP 72.11 and 72.12.

6. (6) Voided license for failure to pay fees.

   1. (a) Payment deadline. If an applicant or operator fails to pay all applicable fees, late fees and processing charges under s. ATCP 72.08, within 45 calendar days after the expiration of the license, the license is void.
   2. (b) Appeal rights. An operator whose license is voided by the department under this subsection may appeal the decision as provided pursuant to s. ATCP 72.11 or if the license is voided by the department’s agent, the operator may appeal the decision pursuant to s. ATCP 72.12. Pursuant to s. 97.605 (1) (c), Stats., in an appeal concerning voiding of a license under this subsection, the burden is on the license applicant to show that the entire applicable fees, late fees, and processing charges have been paid. During any appeal process concerning a payment dispute, the operation of the lodging facility in question is considered to be in operation without a license.
7. (7) License posting. A current license issued by the department or its agent shall be posted on the premises in a place visible to the public. A license may not be altered or defaced.

History

History: CR 24-096: cr. Register October 2025 No. 838, eff. 1-25-26; correction in (1) (d) 2. made under s. 13.92 (4) (b) 7., Stats., and correction in (1) (c) 1. b., c., (5) (a) 3., (d) made under s. 35.17, Stats., Register October 2025 No. 838.