[HISTORY: Adopted by the Village Board of the Village of Fox Point 7-11-2006 by Ord. No. 2006-11 (Ch. 42 of the 1961 Code). Amendments noted where applicable.]
GENERAL REFERENCESAttachment 1 - Appendix A, Environmental Health Consortium Fee Schedule
Farmers markets — See Ch. 362.
[Amended 10-11-2011 by Ord. No. 2011-11]
Purpose. This chapter is adopted pursuant to authority provided by Wisconsin Statutes, including §§ 97.41 and 254.69(2), which authorize local health departments to become the designated agent of the State Department of Health Services (DHS) and Department of Agriculture, Trade and Consumer Protection (ATCP) for the purpose of issuing permits, making investigations or inspections and enforcing the applicable state administrative codes for the operations of retail food establishments, restaurants, hotels and motels, tourist rooming houses, bed-and-breakfast establishments, campgrounds, recreational and educational camps, public swimming pools, and establishments possessing Class A, Class B, or Class C alcohol beverage licenses (for sanitation and health purposes and not alcohol licensing purposes), and in making investigations and inspections of food vending machines, their operators, vending machine commissaries, and national lunch and breakfast program and establishing permit and inspection fees related to the inspections and issuance of such permits. The local health department acting through the Environmental Health Consortium (as defined in this chapter) will be required to enter into a memorandum of understanding with the DHS regarding the powers and duties that it will be authorized to perform under the applicable statutes, this chapter and the memorandum of understanding.
North Shore Health Department authorized. The North Shore Health Department shall provide public health services for the Village of Fox Point pursuant to an intergovernmental agreement between the Village of Fox Point and other North Shore municipalities, as such agreement may be amended from time to time, and it shall be the Village of Fox Point Health Department.
Board of Health.
Creation. The North Shore Health Department Board of Health shall be the Board of Health for the Village of Fox Point.
The Board of Health shall consist of one representative from the Villages of Bayside, Brown Deer, Fox Point, River Hills, Shorewood and Whitefish Bay and the City of Glendale. Each community's representative to the Board of Health shall serve for a term of two years. The medical officer shall be a member of the North Shore Health Department Board and be appointed by the Board of Health for a two-year term. The health officer to the North Shore Health Department shall be staff representative to the board.
Each person appointed to represent a municipality shall have demonstrated interest or competence in the field of public health or community health. Appointments made to the Board of Health shall consist of no more than eight members, and at least three of these members shall be persons who are not elected officials or employees of the governing bodies. A good faith effort shall be made to appoint a registered nurse and a physician. The Board of Health should reflect the diversity of constituents served.
Appointment of Village representative. The Village of Fox Point's representative shall be appointed by the Village President for a two-year term, subject to confirmation by the Village Board of Trustees.
Selection of officers. The Board of Health shall annually elect a chair and clerk at its first meeting of each calendar year. The director of the North Shore Health Department or his/her designee shall record minutes for Board of Health meetings.
Meetings. All meetings of the North Shore Health Department Board of Health shall be properly posted and notice given in accordance with Wisconsin's Open Meeting Law. Meetings shall be held at least quarterly. The Board of Health may meet more often, on an as-needed basis, at the call of the chair, so long as the meeting is properly posted and notice given in accordance with § 19.84, Wis. Stats.
Editor's Note: See §§ 19.81 to 19.98, Wis. Stats.
Jurisdiction and duties.
The Board of Health shall govern the North Shore Health Department and ensure the enforcement of state public health statutes and public health rules of the department, subject to the "Agreement for Public Health Services, North Shore Health Department" and applicable ordinances of each participating municipality.
Specifically, the Board of Health shall:
Assist in determining public health needs and advocate for the provision of reasonable and necessary public health services.
Develop policy and provide leadership that fosters local involvement and commitment, that emphasizes public health needs and that advocates equitable distribution of public health resources and complementary private activities commensurate with public health needs.
Ensure conformance with the "Agreement for Public Health Services, North Shore Health Department."
Assure that measures are taken to provide an environment in which individuals can be healthy.
Assure that the North Shore Health Department is a Level II or III health department, as specified in § 251.04(1) and (2), Wis. Stats.
Health Officer. The North Shore Health Department shall provide a Health Officer for the Village of Fox Point pursuant to the intergovernmental agreement between the Village of Fox Point and other North Shore municipalities, and the Health Officer of the North Shore Health Department shall be the Health Officer for the Village of Fox Point.
The provisions of this chapter shall apply to the owner, operator or agents thereof of any hotel, motel, tourist rooming house, restaurant, food establishment, bed-and-breakfast establishment, campground, recreational and educational camp, public swimming pool, establishment possessing a Class A, Class B, or Class C alcoholic beverage license, vending machine commissaries or vending machines and national lunch and breakfast program in the Village of Fox Point.
The applicable laws, rules, definitions and regulations as set forth in Chs. 97, 125, 251 and 254, Wis. Stats., and Chapters HFS 172, 175, 178, 192, 195, 196, 197 and 198 and ATCP 74, 75 and 80 and SPS 390, Wis. Adm. Code, and any future amendments thereof are hereby incorporated herein and adopted by reference and a copy of each shall be on file and open to public inspection in the offices of the Department and Village Clerk/Treasurer.
As used in this chapter, the following terms shall have the meanings indicated:
- DEPARTMENT or LOCAL HEALTH DEPARTMENT
- The North Shore Health Department.
- DUPLICATE PERMIT FEE
- A fee for the replacement of the original permit.
- ENVIRONMENTAL HEALTH CONSORTIUM
- The North Shore Health Department and the Shorewood/Whitefish Bay Health Department for the purpose of entering into a Memorandum of Understanding with the Wisconsin DHS for the purposes set forth in § 375-1 above.
- A raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption or chewing gum.
- FOOD ESTABLISHMENT
- An operation that stores, prepares, serves, vends, sells or otherwise provides food for human consumption. The term "food establishment" includes a "restaurant" as defined in § 254.61(5), Wis. Stats., a "retail food establishment" as defined in § 97.30, Wis. Stats., and a "temporary restaurant" as defined in § 254.61(5m), Wis. Stats.
- LATE FEE
- A fee for failure to pay established fees by June 30 or the due date if different.
- LICENSED ESTABLISHMENT
- An establishment that has a current and valid license that is required under this chapter.
- The document issued by the Department that authorizes a person to operate an establishment. The words "permit" and "license" as used throughout this chapter shall be interchangeable.
- As applicable, an individual, partnership, association, limited liability company, corporation or any other legal entity that operates or provides the services, food or other products that is subject to the sanitation or inspection requirements or requires a license or permit under this chapter.
- PREINSPECTION FEE
- A fee for consultative services offered to persons intending to operate a new hotel, tourist rooming house, bed-and-breakfast establishment, restaurant, food store, vending machine commissary, swimming pool, or campground or to a person intending to be the new operator of an existing hotel, tourist rooming house, bed-and-breakfast establishment, restaurant, retail food store, vending machine commissary, swimming pool or campground.
- REINSPECTION FEE
- A fee for the third and subsequent reinspections needed to address compliance issues with the statutes and administrative codes.
The provisions of this chapter shall be administered by or under the direction of the Department or authorized agent who shall have the right to enter, during reasonable hours, upon any premises affected by this regulation to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce this chapter.
No person may assault, restrain, threaten, intimidate, impede, interfere with or otherwise obstruct the Department or authorized agent in the performance of his or her duties under this chapter, nor shall the operator give false information with the intent to mislead the Department or authorized agent.
No person may operate or provide the services, food or other products that requires a license under this chapter without first having obtained a current and valid license.
Licenses shall not be transferable from person to person or from premises to premises, with the exception that a license issued under the provisions of Ch. 254, Wis. Stats., may be transferred to an individual who is an immediate family member of the licensee of the establishment. A parent, child, stepchild, grandchild, sibling, or stepsibling shall be considered an immediate family member for purposes of this chapter. A license issued under the provisions of Ch. 97, Wis. Stats., may only be transferred to the spouse of the licensee.
No permit shall be granted to any person under this chapter without a preinspection by the Department of the premises for which the permit shall be granted.
No permit shall be issued until all application fees have been paid.
Statutory exemption from the requirement to obtain a food dealer's license does not exclude any person handling food for public consumption from inspection and compliance with all sanitation requirements of this chapter.
All applicants must apply on forms furnished by the Department. All applications for permits shall be made in writing to the local Department where the business is located. All applications shall list the true, legal names of the owners or operators of the business, including partners and managing members of limited liability companies and the addresses. All corporations and limited liability companies applying for licensure shall be registered with the State of Wisconsin and the name of the registered agent shall be placed on the application. The agent's name and address shall be kept current. The applicant shall provide documents which reflect the aforementioned registration to the Department. The Department shall either approve the application or deny the permit within 30 days after receipt of a complete application.
One copy of the inspection report shall be given to the owner, operator or employee of the establishment and another copy shall remain on file at the Department.
As a condition of license renewal, all establishments licensed under this chapter shall consent to an annual inspection and reinspection. License renewal may be withheld pending inspection, reinspection and compliance with these regulations.
Whenever an order or directive is issued on a health code violation, which requires a reinspection to determine compliance, two reinspections shall be made without charge and documented by the Department following the time period given in the order or directive.
If, upon the second reinspection, the order or directive is found not to have been complied with and additional reinspections are required, a fee shall be assessed to the responsible party for each additional reinspection to compensate for the costs of such reinspections. Payment is due on written demand from the Department.
The Department shall issue a license to each applicant for a new or renewal license that meets all the requirements of this chapter and has paid to the Department the applicable fee.
No license shall be:
Approved for any applicant who is:
Delinquent in the payment of any real property taxes, assessments, special assessments, sanitary sewer assessments, personal property taxes, special charges, professional fee reimbursements, or other claim owed to the Village of Fox Point.
Delinquent in the payment of a forfeiture resulting from the violation of any ordinance of the Village of Fox Point.
Issued for any premises or property for which real property taxes, assessments, special assessments, sanitary sewer assessments, personal property taxes, special charges, professional fee reimbursements or other claims of the Village of Fox Point are delinquent and unpaid.
Each license shall be posted in a conspicuous place visible to the public on the licensed establishment premises.
A licensee shall notify the Department whenever there is a change in any information that is reported in the application form. The licensee shall make this notification in writing within five days after the change occurs.
The owner of any premises for which a license has been granted shall promptly notify the Department in writing of his intention to cease operations.
Whenever the Department finds a condition in a licensed establishment which is determined to be a direct and immediate hazard to public health, the permit may be suspended without notice or warning.
Whenever the Department has reasonable grounds to believe there are violations that constitute a health hazard that are serious, but not an immediate threat to the public health, or for recurring or repeated violations, a permit may be suspended, if the Department serves a written notice of the violations and corrective actions required to the licensee, his agent or employee in charge of the licensed premises specifying a reasonable time limit for the performance of any corrective act required and the corrective action is not taken within the time required. Any such notice shall state that failure to take the corrective action shall result in suspension of the license.
Upon notification of suspension, the permit must be surrendered to the Department until the time of reissuance.
The Department may suspend any permit or license issued under this chapter upon failure to pay any fees due under this chapter. The Department will notify the permit holder in writing that the permit has been suspended and the reason why. The suspension will continue until payment of all past due fees.
The license holder whose license has been suspended may at any time make application for reinstatement of the license. Within one week after the receipt of satisfactory application, accompanied by a signed statement by the applicant that the violations have been corrected, the Department or designee shall make a reinspection and thereafter as many additional reinspections deemed necessary to assure that the applicant has complied with the requirements. If the findings indicate compliance, the Department may reinstate the license.
For serious or repeated violations of any of the requirements of this chapter or for interference with the Health Officer or designee in the performance of his duties, the Health Officer or designee may permanently revoke the license issued under this article. Prior to such actions, the Health Officer shall notify the license holder in writing, stating the reasons for which the license is revoked.
When a license is revoked, the owner/operator shall turn over the license to the Health Officer or designee and cease operations immediately.
A person whose license has been revoked may, at any time, make reapplication for a revoked license. Within one week after the receipt of satisfactory application, accompanied by a signed statement by the applicant that the violations have been corrected, the Department or designee shall make a preinspection and thereafter as many additional reinspections as deemed necessary to assure that the applicant has complied with the requirements.
Any person refused or denied a license or had a license revoked may appeal through the appeal procedure provided under the provisions of §§ 68.07 through 68.16, Wis. Stats.
No person shall erect, construct, enlarge or alter a food establishment without first submitting to the Department or designee plans (drawings) which clearly show and describe the amount and character of the work proposed and without first receiving approval of submitted plans. Such plans shall include floor plan, equipment plan and specifications, wall, floor and ceiling finishes, and plans and specifications for food service kitchen ventilation and plumbing. Submitted plans shall give all information necessary to show compliance with applicable health codes. Submitted plans shall be retained by the Department or designee.
At the option of the Department or designee, plans need not be submitted to execute minor alterations to a food establishment. Approved plans shall not be changed or modified unless approval of such changes or modifications shall have first been obtained from the Department or designee.
No person shall violate any provisions of this chapter.
Enforcement. The Department or its designee shall enforce any provision of this chapter.
Inspection. If, upon inspection, the Department or designee finds that any licensed or unlicensed establishment is conducted or managed in violation of the ordinances or regulations of the Village, laws of the state or regulations of any agency of the state prescribing standards of health or sanitation, the Department or designee shall serve a written order upon the licensee, his agent or employee in charge of the licensed premises or the person responsible for the violation, notifying him of such violations.
Exceptions to written order. In extreme cases where a violation poses an immediate health hazard as determined by the Department or designee or in the case of repeating occurrences of the same violation by the same person, the actions specified in Subsection B(3) below can be initiated immediately.
Noncompliance with order. If a person does not comply with a written order from the Department or designee, the person may be subject to one or more of the following actions and/or penalties.
The issuance of a citation. The Department's Health Officer or any other person duly authorized by the Health Officer is authorized pursuant to § 800.02, Wis. Stats., to issue municipal citations for any violations of the provision of this chapter.
A reinspection fee.
Suspension of license.
Revocation of license.
Commencement of legal action against the person seeking a court imposed forfeiture and/or imprisonment.
Commencement of legal action against the person seeking an injunction to stop, abate the violation and/or correct the damage created by the violation.
Any other action authorized by this chapter or by other applicable laws as deemed necessary by the Department or designee.
The initiation of one action or penalty under this section does not exempt the apparent violator from any additional actions and/or penalties listed in this section.
The fees for licenses, inspections, services and activities performed by the Department in carrying out its responsibilities under this chapter are herewith established by this chapter and are set forth on the attached Appendix A entitled "Environmental Health Consortium Fee Schedule" and which may be amended from time to time by resolution adopted by the Village Board and which shall be on file and open to the public in the Department's office and the office of the Village Clerk/Treasurer.
Fees to accompany application. License fees imposed under this chapter shall accompany the license application. The Department shall issue the applicant a receipt for the license fee.
No proration. There will be no proration for license fees.
Refunds. No license fee paid shall be refunded, unless a refund is requested prior to a preinspection for a new establishment.
Local preinspection fees.
Preinspection fees shall be charged as enumerated in Environmental Health Consortium Fee Schedule.
Preinspection fees shall include all consultation prior to the establishment doing business.
Preinspection fees may be applicable for all new operations and changes in operation.
Preinspection fees are not refundable.
Late fees. A late fee, as enumerated in the Environmental Health Consortium Fee Schedule, shall be charged for all licenses issued under provisions of this chapter.
This shall apply when an application is not renewed before the expiration date, unless waived by the Department.
A late fee shall also apply to a new establishment or any establishment with a new operator doing business before obtaining the required licenses, as provided for in this chapter.
Duplicate license fee. A duplicate license fee as enumerated in the Environmental Health Consortium Fee Schedule shall be charged to duplicate any license provided for in this chapter.
All fees shall be accounted for separately and applied to the expenses under this chapter.
Reinspection. A reinspection fee shall be charged as enumerated in the Environmental Health Consortium Fee Schedule.
All licenses issued under provisions of this chapter shall expire, unless otherwise ordered by the Department or authorized agent; as follows:
The licenses shall expire at midnight of the last effective day of the license, unless otherwise provided by this chapter or other applicable provision of state law.
The Department prior to the expiration date shall furnish renewal notices. It is the responsibility of the owner/operator to complete the application form and pay the appropriate fee before the expiration date of such license.
Whenever conflicts between these rules and regulations and other Village ordinances or state and federal regulations occur, the more stringent rule shall apply.
Any person, partnership, firm, limited liability company, corporation or other legal entity found guilty of any of the provisions of this chapter shall be subject to a forfeiture of not less than $50 nor more than $2,000 and the costs prosecution, and in default of payment thereof, shall be subject to imprisonment in the County Jail or House of Correction of Milwaukee County until such forfeiture and costs, together with any subsequent costs, have been paid, but in any event not to exceed 90 days. Each day a violation continues constitutes a separate offense.