97.605 Lodging and vending licenses.
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97.605 Lodging and vending licenses.
(a)No person may conduct, maintain, manage or operate a hotel, tourist rooming house, vending machine commissary or vending machine if the person has not been issued an annual license by the department or by a local health department that is granted agent status under s. 97.615
(2).
(b)No person may maintain, manage or operate a bed and breakfast establishment for more than 10 nights in a year without having first obtained an annual license from the department.
(c)Except as provided in s. 93.135 , 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, 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 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 paragraph, 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 deemed to be operation without a license.
(d)If a person or establishment otherwise licensed under this chapter is incidentally engaged in an activity for which a license is required under this section, the department may, by rule, exempt the person or establishment from the license requirement under this section.
(1m)No county, city, village or town may require any license of, or impose any license or inspection fee on, a vending machine operator, vending machine commissary or vending machine licensed under this chapter.
(1p)Except as provided in s. 93.135 , the department may condition the initial issuance, renewal or continued validity of a license issued under this section on correction by the licensee of a violation of this subchapter, rules promulgated by the department under this subchapter or ordinances or regulations adopted under s. 97.615
(g), within a specified period of time. If the licensee fails to meet the condition within the specified period of time, the license is void.
(2)Except as provided in sub.
(3), a separate license is required for each hotel, tourist rooming house, bed and breakfast establishment, or vending machine commissary.
(a)A bulk milk dispenser may be operated in a restaurant without a vending machine or vending machine operator license.
(b)A restaurant may operate as a vending machine commissary without a vending machine commissary license.
(a)In this subsection:
1. “Business entity” has the meaning given in s. 180.1100
(1g).