[HISTORY: Adopted by the Board of Supervisors
of Pierce County by Ord. No. 98-11; amended in its entirety 7-27-2010 by Ord. No. 10-02.
Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Public health nuisances and human health hazards — See Ch. 180.
[Amended 2-26-2013 by Ord. No. 12-10; 12-20-2016 by Ord. No. 16-05]
This chapter is adopted pursuant to that authority provided
by § 251.04(3), Wis. Stats., to protect and improve the
health of the public. Section 97.41(lm), Wis. Stats., authorizes the
Pierce County Public Health Department to become the designated agent
of the Wisconsin Department of Agriculture, Trade and Consumer Protection
for the purpose of establishing permit fees, issuing permits and making
investigations or inspections of hotels, motels, tourist rooming houses,
restaurants, bed-and-breakfast establishments, campgrounds and camping
resorts, recreational and educational camps and public swimming pools
and in making investigations and inspections of food vending machines,
their operators and vending machine commissaries for the purpose of
establishing permit fees, issuing permits and making investigations
or inspections of retail food establishments, taverns, hotels, restaurants,
tourist rooming houses and other establishments and for the purpose
of enacting local regulations governing these establishments which
may be more strict than state law. Section 97.41(1m), Wis. Stats.,
authorizes the Wisconsin Department of Agriculture, Trade and Consumer
Protection to enter into a written agreement with the Pierce County
Public Health Department to issue licenses and make investigations
or inspections of retail food establishments as defined in § 97.30(1)(c),
Wis. Stats.
[Amended 2-26-2013 by Ord. No. 12-10]
The provisions of this chapter shall apply to the owner and
operator of any food establishment, hotel, motel, tourist rooming
house, restaurant, bed-and-breakfast establishment, campground and
camping resort, recreational and educational camp, public swimming
pool, vending machine commissary or vending machine in all areas of
Pierce County.
A.
In addition to those definitions set forth expressly hereinafter, all definitions set forth in Chapters 97, 125 and 251, Wis. Stats., and Wisconsin Administrative Code Chapters SPS 390, and ATCP 72, 73, 75, 76, 78 and 79 are incorporated herein by reference, and they shall be construed, read and interpreted as if set forth herein until amended and then shall apply as amended.
[Amended 2-26-2013 by Ord. No. 12-10; 12-20-2016 by Ord. No. 16-05]
B.
ANNUAL PERMIT FEE
DUPLICATE PERMIT FEE
HEALTH DEPARTMENT
LATE FEE
LICENSE
LOCAL HEALTH OFFICER
OPERATOR
PREINSPECTION FEE/CONSULTATION FEE
REINSPECTION FEE
As used in this chapter, the following terms shall have the meanings
indicated:
A fee for issuing an annual permit and a fee for yearly on-site
visits, limited to two, to determine that establishments identified
in this chapter are compliant with the statutes and administrative
codes that govern their operation.
[Added 2-26-2013 by Ord. No. 12-10]
A fee for the replacement of an original permit.[1]
The Pierce County Public Health Department.[2]
A fee for failure to pay established fees in a timely manner.
Permit.
[Added 2-26-2013 by Ord. No. 12-10]
The health officer who is in charge of a local health department.[3]
The owner or person responsible to the owner for the operations
of the hotel, motel, bed-and-breakfast establishment, tourist rooming
house, food service establishment or beverage establishment, vending
machine commissary and/or vending machine, campground, camping resort,
recreational/educational camp or public swimming pool.[4]
[Amended 2-26-2013 by Ord. No. 12-10]
A fee for the consultative services offered within a six-month
period from the date of permit application to persons intending to
operate a new hotel, motel, tourist rooming house, bed-and-breakfast
establishment, campground, camping resort, recreational/educational
camp, pool, vending machine commissary or food establishment or to
a person intending to be the new operator of an existing hotel, motel,
tourist rooming house, bed-and-breakfast establishment, campground,
camping resort, recreational/educational camp, pool, vending machine
commissary or food establishment.
[Amended 2-26-2013 by Ord. No. 12-10]
A fee for the third and subsequent inspections needed to
address compliance issues with the statutes and administrative codes
that govern their operation.[5]
[1]
Editor's Note: The former definitions of "A/W value,"
which immediately preceded this definition, and "full food service,"
which immediately followed this definition, were repealed 2-26-2013
by Ord. No. 12-10. In addition, the definition of “food establishment,
added 2-26-2013 by Ord. No. 12-10, which immediately followed, was
repealed 12-20-2016 by Ord. No. 16-05.
[2]
Editor's Note: The former definition of "inspection fee,"
which immediately followed this definition, was repealed 2-26-2013
by Ord. No. 12-10.
[3]
Editor's Note: The former definitions of "limited food
service," which immediately preceded this definition, and "mobile
restaurant," which immediately followed this definition, were repealed
2-26-2013 by Ord. No. 12-10.
[4]
Editor's Note: The former definition of "potentially
hazardous food," which immediately followed this definition, was repealed
2-26-2013 by Ord. No. 12-10.
[5]
Editor's Note: The former definitions of "restaurant,"
"retail food establishment," "temporary restaurant," "temporary suspension,"
"vending machine," and "vending machine commissary," which immediately
followed this definition, were repealed 2-26-2013 by Ord. No. 12-10.
The provisions of this chapter shall be administered by or under
the direction of the Health Officer of the Health Department who,
in person or by duly authorized representatives, shall have the right
to enter, at reasonable hours, upon 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.
[Amended 2-26-2013 by Ord. No. 12-10]
A.
No person shall operate a food establishment, temporary food establishment,
unless otherwise exempt, bed-and-breakfast establishment, hotel, motel,
tourist rooming house, campground and camping resort, recreational
and educational camp or public swimming pool without first obtaining
a permit from the Health Department.
B.
Permits shall be issued on an annual basis, commencing with July
1 and ending on the following June 30. Each such permit shall expire
on June 30 of each year following its issuance, except that permits
initially issued during the period beginning on April 1 and ending
June 30 shall expire June 30 of the following year. The issuance of
a permit may be conditioned upon the permittee correcting a violation
of this chapter within a specified period of time. If the condition
is not met within the specified period of time, the permit shall be
void.
C.
Temporary permits are issued per event.
D.
Transferability of permit.
[Amended 12-20-2016 by Ord. No. 16-05]
(1)
Except as provided in § 97.605(4), Wis. Stats., for transfer
of lodging and vending and ATCP 75.104(3) for restaurants, no permit
issued under this chapter is transferable from one premises to another
or from one person or entity to another.
E.
No permit shall be granted to any person under this chapter without
a preinspection by the Health Department of the premises for which
the permit shall be granted.
F.
No permit shall be issued until all application fees have been paid.
G.
If a change of operator occurs at a licensed facility during a portion
of the fiscal year(s) and the Health Department is not notified until
a permit renewal period, a fee shall be collected from the new operator
for the old fiscal year(s) that he or she operated. This applies only
to facilities that have changed operators. It does not apply to facilities
that have never been licensed.
[Amended 2-26-2013 by Ord. No. 12-10]
Applications and fees for permits shall be made in writing to
the Health Department on forms developed and provided by the Health
Department stating the name and address of the proposed applicant
and operator and the address and location of the proposed establishment,
together with any such other information as may be required. The application
and fees shall be submitted at least 15 days prior to date of opening
or operation. The Health Department shall either approve the application
or deny the permit within 15 business days after receipt of a complete
application.
Fees for the issuance of permits, the making of investigations,
inspections, training and technical assistance to establishments covered
pursuant to this chapter, plus the costs required to be paid to the
state for each permit issued, are established pursuant to this chapter
and subject to amendment, from time to time, upon recommendation of
the Pierce County Administrative Coordinator and approval of the County
Board of Supervisors. In addition, separate preinspection fees are
established with respect to new establishments or existing establishments
that have been transferred to a new owner.
Every licensed establishment shall be required to obtain a permit
pursuant to this chapter and shall display such permit, at all times,
in a conspicuous public place.
[Amended 2-26-2013 by Ord. No. 12-10]
The Health Officer, or designee, may deny any license application or suspend or revoke any license issued under this chapter for noncompliance with this code and regulations, rules and laws adopted by reference under § 184-10, Pierce County Code.
[Amended 2-26-2013 by Ord. No. 12-10; 12-20-2016 by Ord. No. 16-05]
The applicable laws, rules and regulations as set forth in Chapters 97, 125 and 251, Wis. Stats., and Chapters SPS 390 and ATCP 72, 73, 75, 76, 78 and 79 of the Wisconsin Administrative Code are incorporated in this regulation by reference, and they shall be construed, read and interpreted as fully set forth herein until amended and then shall apply as amended. The express provisions of this chapter shall control where more restrictive.
Any person who violates or refuses to comply with any provisions
of this chapter shall be subject to a forfeiture of not less than
$100 and not more than $1,000 for each offense and/or revocation or
amendment of his or her applicable permit. Each day a violation exists
or continues shall be considered a separate offense. Where appropriate,
injunctive relief may be sought by the Health Department against continuing
violations. In the alternative, the Health Department may pursue enforcement
of such sections of these regulations as are prosecutable.
A.
Appeals
from Health Department orders shall be pursuant to Health Department
policy adopted in conformance with the procedures for conducting appeals
enumerated in Chapter 68, Wis. Stats. Copies of the appeal procedures
shall be available at the Health Department. An appeal does not eliminate
the Department's right to seek court intervention in the form of injunctive
or other relief against continuing violations.
B.
Appeals Board. The Appeals Board shall consist of the Chairperson
of the Pierce County Board of Health or a designated appointee, an
Environmental Health professional from another local health department
or a designated appointee and the Pierce County Administrative Coordinator
or a designated appointee.
[Added 2-26-2013 by Ord. No. 12-10]
(1)
Request for hearing. Any person affected by the denial of a permit
or a notice of closure, suspension or revocation shall be granted
a hearing on the matter before the Appeals Board upon filing with
the Pierce County Health Officer a written petition requesting such
a hearing and setting forth a brief statement on the grounds therefor.
Said petition shall be filed within 10 days after notice was served.
(2)
Date of hearing. The hearing requested shall be held not more than
10 days after the date on which the petition was filed. The Chairman
of the Appeals Board may postpone the date of the hearing for a reasonable
time beyond such ten-day period, if a good and sufficient reason exists
for such postponement.
(3)
Notice of hearing. The Pierce County Health Officer shall cause five
days' written notice of hearing to be given to the petitioner
or petitioners by personal service or by mailing to the petitioner's
or petitioners' last known address.
(4)
Proceedings. At such hearing the petitioner, his or her agent or
attorney shall be given an opportunity to be heard and to show cause
why the denial or notice of closure, suspension or revocation issued
by the Pierce County Health Officer, or designee, should be modified
or withdrawn. The Pierce County Health Officer shall present a detailed
written statement of his or her findings and recommendation(s) to
the Appeals Board at the time of the hearing.
(5)
Decisions of the Appeals Board. The Appeals Board, within three days
after such hearing, shall sustain, modify or withdraw the denial or
notice of closure, suspension or revocation depending upon its findings.
A copy of the decision of the Appeals Board shall be served by mail
to the petitioner or petitioners. Any person aggrieved by the decision
of the Appeals Board may seek relief therefrom in any court of competent
jurisdiction as provided by the laws of the state.
(6)
Notices not appealed. Any notice of denial, closure, suspension or
revocation served pursuant to the provisions of this chapter shall
automatically become final if a written petition for a hearing is
not filed with the Pierce County Health Officer within 10 days after
the notice is served.
