Section 97.67. Recreational licenses and fees.

 

(1)  Except as provided in sub. (1g) and s. 93.135 , the department or a local health department granted agent status under s. 97.615 (2) shall issue licenses to and regulate campgrounds and camping resorts, recreational and educational camps and public swimming pools. No person or state or local government who has not been issued a license under this section may conduct, maintain, manage or operate a campground and camping resort, recreational camp and educational camp or public swimming pool, as defined by departmental rule.

(1g)  A campground permit is not required for camping at county or district fairs at which 4-H Club members exhibit, for the 4 days preceding the county or district fair, the duration of the county or district fair, and the 4 days following the county or district fair.

(1m)  The department or a local health department granted agent status under s. 97.615 (2) may not, without a pre-licensing inspection, grant a license to a person intending to operate a new public swimming pool, campground, or recreational or educational camp or to a person intending to be the new operator of an existing public swimming pool, campground, or recreational or educational camp.

(2)  

(a) A separate license is required for each campground, camping resort, recreational or educational camp, and public swimming pool. Except as provided in par. (b) or (c) , no license issued under this section is transferable from one premises to another or from one person, state or local government to another.

(b) A license issued under this section may be transferred from an individual to an immediate family member, as defined in s. 97.605 (4) (a) 2. , if the individual is transferring operation of the campground, camping resort, recreational or educational camp, or public swimming pool to the immediate family member.

(c) A sole proprietorship that reorganizes as a business entity, as defined in s. 179.70 (1) , or a business entity that reorganizes as a sole proprietorship or a different type of business entity may transfer a license issued under this section for a campground, camping resort, recreational or educational camp, or public swimming pool to the newly formed business entity or sole proprietorship if all of the following conditions are satisfied:

1. The campground, camping resort, recreational or educational camp, or public swimming pool remains at the location for which the license was issued.

2. 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.

(2m)  Except as provided in s. 93.135 , the initial issuance, renewal or continued validity of a license issued under this section may be conditioned upon the requirement that the licensee correct a violation of this section, rules promulgated by the department under this section or ordinances adopted under s. 97.615 (2) (g) , within a period of time that is specified. If the condition is not met within the specified period of time, the license is void.

(4)  Licenses issued under this section expire on June 30, except that licenses initially issued during the period beginning on April 1 and ending on June 30 expire on June 30 of the following year. Except as provided in s. 97.615 (2) (d) and (e) , the department shall promulgate rules that establish, for licenses issued under this section, amounts of license fees, pre-licensing inspection fees, reinspection fees, fees for operating without a license, and late fees for untimely license renewal.

(5)  No license may be issued under this section until all applicable fees have been paid. If the payment is by check or other draft drawn upon an account containing insufficient funds, the license applicant shall, within 15 days after receipt of notice from the department of the insufficiency, pay by cashier's check or other certified draft, money order or cash the fees from the department, late fees and processing charges that are specified by rules promulgated by the department. If the license applicant fails to pay all applicable fees, late fees and the processing charges within 15 days after the applicant receives notice of the insufficiency, the license is void. 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 payment dispute, operation of the establishment in question is considered to be operation without a license.

(5m)  

(a) In this subsection, “qualified health services staff" means any of the following:

1. A physician.

2. A registered nurse licensed under ch. 441 .

3. A physician assistant licensed under subch. II of ch. 448 .

4. A practical nurse licensed under ch. 441 .

5. An athletic trainer certified by the national athletic trainers association.

6. An emergency medical technician, as defined in s. 256.01 (5) .

7. A person who is certified as completing the American Red Cross emergency response course.

8. A person who is certified as completing the American Red Cross responding to emergencies course or an equivalent course.

(b) For a camp that lasts longer than 3 days, the department shall allow qualified health services staff to designate an individual at the camp to administer to a camper, or staff member, who is under 18 years of age medications brought to the camp by that camper or staff member, other than medications that a camper or staff member may carry himself or herself.

(6)  Before serving as a lifeguard at a public swimming pool or a recreational and educational camp or as an on-site health services staff member at a recreational and educational camp, an individual shall have proficiency in the use of an automated external defibrillator, as defined in s. 256.15 (1) (cr) , achieved through instruction provided by an individual, organization, or institution of higher education achieved through instruction approved under s. 46.03 (38) to provide such instruction.

(7)  The department may not require that a swimming pool be staffed by a lifeguard as a condition of receiving a license under this section if the swimming pool is less than 2,500 square feet, the swimming pool is located in a private club in the city of Milwaukee, and the club has a policy that prohibits a minor from using the swimming pool when not accompanied by an adult.

1993 a. 16 ss. 2399 to 2401i ; 1993 a. 27 ss. 182 , 477 ; 1993 a. 183 , 490 ; 1993 a. 491 s. 280 ; 1997 a. 191 , 237 ; 2001 a. 16 ; 2005 a. 302 ; 2007 a. 104 ; 2009 a. 28 , 180 ; 2013 a. 309 ; 2015 a. 55 ss. 4050 to 4055 , 4057 to 4061 ; Stats. 2015 s. 254.47. Cross-reference: See also chs. ATCP 76 , 78 , and 79 , Wis. adm. code.