[HISTORY: Adopted by the Common Council of the City of Franklin 4-7-2009 by Ord. No. 2009-1969; amended in its entirety 11-7-2017 by Ord. No. 2017-2299. Subsequent amendments noted where applicable.]
Mass public assemblies — See Ch. 83.
Building construction — See Ch. 92.
Cigarettes — See Ch. 102.
Day-care nurseries — See Ch. 107.
Intoxicating liquor and fermented malt beverages — Ch. 158.
Licenses and permits — See Ch. 169.
Nuisances — See Ch. 178.
Orderly conduct — See Ch. 183.
Rat control — See Ch. 195.
Soft drink licenses — See Ch. 214.
Transient merchants — See Ch. 237.
Vending machines — See Ch. 249.
Editor's Note: This chapter also repealed former Ch. 138, Food and drink establishments, adopted 8-5-1997 by Ord. No. 97-1461 (Sec. 12.14 of the 1997 Code), as amended.
This chapter is adopted pursuant to that authority provided by §§ 97.41, 97.615, 125.68(5), Wis. Stats., and Chs. ATCP 72, 73, 74, 75 Appendix, 76, 78, 79, and DSPS 390 Wis. Adm. Code. The purpose of this chapter is to protect and improve the public health and to authorize the City of Franklin and the local public health department as an agent of the State Department of Agriculture Trade and Consumer Protection for the purpose of establishing permit fees, issuing permits, and making investigations or inspections of hotels, motels, retail food establishments, tourist rooming houses, bed-and-breakfast establishments, campgrounds, recreational and educational camps, and public swimming pools.
The provisions of this chapter shall apply to the owner, operator or agents thereof of any hotel, motel, tourist rooming house, retail food establishment, bed-and-breakfast establishment, campground, recreational and educational camp, public swimming pools, or vending machines, school and national lunch and breakfast programs in the City of Franklin.
The applicable laws, rules, and regulations as set forth in Chs. 66.0417, 93, 97, 125, 251, and any applicable City ordinances; Chs. ATCP 72, 73, 74, 75 and Appendix, 76, 78, 79, DSPS 390, Wis. Adm. Code; and memoranda of understanding between the Department of Agriculture, Trade and Consumer Protections and the Department of Public Instruction are hereby adopted by reference, and a copy of each shall be on file and open to public inspection in the offices of the City of Franklin Health Department.
All definitions as set forth in Chs. 93, 97, 125, 251, Wis. Stats.; Wisconsin Administrative Code Chapters ATCP 72, 73, 74, 75 and appendix, 76, 78, 79, DSPS 390; are incorporated in this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- The City of Franklin Health Department.
- DUPLICATE PERMIT FEE
- A fee for the replacement of the original permit.
- 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.
- GOVERNING BODY
- The City of Franklin Common Council.
- 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 regulatory authority that authorizes a person to operate an establishment. The words "permit" and "license" as used throughout this chapter shall be interchangeable. The City of Franklin will assess a fee each year for a permit/license.
- PREINSPECTION FEE
- A fee for consultative services required to persons intending to operate a new hotel, tourist rooming house, bed-and-breakfast establishment, restaurant, retail food store, swimming pool, and 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, swimming pool and campground.
- REINSPECTION FEE
- A fee for the reinspections needed to address compliance issues with the statutes and administrative codes.
- RETAIL FOOD ESTABLISHMENT
- A permanent, temporary or mobile processing facility that stores, prepares, serves, vends, sells or otherwise provides food for human consumption. The term "retail food establishment" includes a "restaurant" as defined in § 97.30, Wis. Stats.
The Department or authorized agent is authorized 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. In the event an owner refuses to allow an inspection, the City's agent may seek a special inspection warrant to conduct the inspection, and the failure to permit the inspection will result in a denial of a new license or reissuance of a license and may result in revocation of an existing license.
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, partnership, association or corporation may operate a business as enumerated in § 138-2 within the City of Franklin 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 exceptions referenced in Ch. ATCP 75.104(3), Wis. Adm. Code.
No permit shall be granted to any person under this chapter without a preinspection by the Department or authorized agent of the premises for which the permit shall be granted.
No permit shall be issued until all license and service fees have been paid.
Exemption from this license pursuant to § 97.30(2)(b) Wis. Stats., and Ch. ATCP 75.03(9), Wis. Adm. Code, are hereby adopted and incorporated herein by reference.
All applicants must apply on forms furnished by the Department. All applications for permits shall be made in writing and shall list the true, legal names of the owners or operators of the business, whether person, firm, partnership or corporation, and address. All applications shall be made in writing and shall list the true, legal names of the owners or operators of the business, whether person, firm, partnership or corporation, and address. All corporations 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.
Any person refused or denied a license may appeal the denial through the appeal procedure provided under the provisions of §§ 68.07 through 68.16, Wis. Stats.
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. 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 Health Department.
If, upon the 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 City the fee required in the City Administrative Fee Schedule.
If funds are found to be insufficient, or for any other reason the funds are not honored, the license will be null and void. Upon notification, the permit must be submitted to the Department for retainment until the time of reissuance. A license will not be issued until all applicable fees, late fees and processing charges are paid.
Any individual or corporation that owes the City for unpaid fines, unpaid property taxes, late fees, or license fees relating to a current or previous licensed establishment shall pay all such outstanding fees before a license is issued.
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/her intention to cease operations.
Whenever the Health Department or authorized agent 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.
A permit may also be suspended, with prior notice, pending correction of violations that constitute a health hazard that is serious, but not an immediate threat to the public health, or for recurring or repeated violations.
A written notice to the licensee, his agent or employee in charge of the licensed premises shall cite such conditions, specifying the corrective action to be taken and specifying the time period within which such action shall be taken, and such order shall state that the license is immediately discontinued.
Upon notification of suspension, the permit must be submitted to the Department for retainment until the time of reissuance.
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 Health 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 Health Department may reinstate the license.
For serious or repeated violations of any requirements of this chapter or for interference with the Health Officer or designee in the performance of his/her duties, the Health Officer or authorized agent may permanently revoke the license issued under this chapter. 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.
The license of any establishment shall be automatically revoked when the business is not operated for a period of 120 consecutive days, excluding seasonal businesses, unless otherwise ordered by the Health Officer or authorized agent. When closed for such a period, except for extensive renovation or refurbishing, the establishment shall be considered a new establishment and shall not be reopened until granted a new permit in accordance with this section.
Any person whose license has been revoked may appeal the revocation through the appeal procedure provided under the provisions of §§ 68.07 through 68.16, Wis. Stats.
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 Health Department or designee shall make a preinspection and thereafter as many additional reinspections as deemed necessary to assure himself that the applicant has complied with the requirements. The governing body must approve the reinstatement of a revoked license.
Upon revocation, all variances and grandfather clauses shall be rescinded. Reapplication for licensure shall be as a new establishment.
No person shall erect, construct, enlarge or alter a food establishment without first submitting plans (drawings) which clearly show and describe the amount and character of the work proposed and without first receiving approval of submitted plans from the City of Franklin. Such plans shall include a 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 Wisconsin building codes and health codes. Submitted plans shall be retained by the City of Franklin.
At the option of the City of Franklin, 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 City of Franklin.
The City does hereby incorporate and adopt Ch. ATCP 78, Wis. Adm. Code, to apply to any recreational or educational camp located within the City.
The City does hereby incorporate and adopt Ch. ATCP 79, Wis. Adm. Code, to apply to any campgrounds within the City.
The City does hereby incorporate and adopt Ch. ATCP 76, Wis. Adm. Code, to apply to any public swimming pool located within the City.
Wisconsin Administrative Code incorporated. The City does hereby incorporate and adopt Ch. ATCP 72, Wis. Adm. Code, to apply to any hotel, motel and tourist rooming houses located within the City.
Registration and security.
Registration. Every owner, keeper or proprietor of any lodging house, rooming house, motel or hotel shall keep a register wherein all guests, roomers or lodgers shall inscribe their names upon their procuring lodging, a room or accommodations. Said owner, keeper or proprietor shall verify the credit card signature of each guest, roomer or lodger making payment by way of credit card, with the signature inscribed upon the hotel register. If the signature as inscribed on the register does not appear to reasonably match the signature on the credit card, further identification shall be requested of the type requested of persons paying in cash. Said owner, keeper or proprietor shall require identification of any guest, roomer or lodger paying in cash, at the time of registration, and in a valid and current format showing the person's name and date of birth, and may be, but is not limited to, a driver's license, state-issued picture identification card, or such other form as will reasonably assure that the registrant is, in fact, the person under whose name such lodging, room or accommodation is, in fact, being procured, and shall maintain a photocopy of such identification or transpose the identifying information in the registration ledger. For any guest, roomer or lodger taking occupancy through a prearranged reservation in the name of a corporation, business, association or any other entity, the owner, keeper or proprietor shall request identification of the specific guest, roomer or lodger at the time of registration as will reasonably assure such person to be the person for whom the lodging, room or accommodations have been procured. Before furnishing any lodging for hire to any person in any lodging house, or before furnishing any accommodations to any guest of any motel or hotel, the proprietor, manager or owner thereof shall require the person to whom such lodgings are furnished, or room is rented or accommodations furnished, to inscribe his or her name and permanent address in such register, kept for that purpose as hereto before provided, and shall set opposite said name the time that said name was so inscribed and the room occupied by such lodger, roomer or guest.
Management staff required. Every owner, keeper or proprietor of any lodging house, rooming house, motel or hotel shall, at all times during which the premises accommodate guests, roomers or lodgers, maintain on duty a responsible management person. Such management representative shall be an individual capable of assisting and cooperating with the police or other law enforcement officials in maintaining the public health, welfare, and safety, and shall be conversant in the English language.
Law enforcement access. All information required to be procured and kept pursuant to Subsection B(1) of this section shall be provided to any federal, state, or local sworn law enforcement officer having the lawful power to arrest, upon demand of the officer and a representation by said officer that a reasonable suspicion exists that such information is relevant to a then-pending inquiry or investigation. Nothing in this requirement shall be construed as giving any such officer any greater right or license to enter a room or invade privacy than the officer shall otherwise possess as a matter of common law, probable cause, statutory right, or warrant.
Access to 911 required. Every owner, keeper, or proprietor of any lodging house, rooming house, motel or hotel shall keep and maintain in each and every rental unit a telephone equipped for outgoing calls, which telephone will allow any person therein to place a call to 911, the Franklin Police Department or the Franklin Fire Department. The existence of a minor dialing requirement, such as dialing 9 to obtain an outside line, shall not be deemed a violation of this section. However, under no circumstances shall prepayment, prior authorization or any other procedure of any nature which in any way impedes effective, immediate, and direct placement of such emergency phone call be required.
Misrepresentation prohibited. No person shall procure or provide lodging in any lodging house, rooming house, motel or hotel, or any services therefrom, through misrepresentation or production of false identification, or identification which misrepresents the identity of the person procuring or sharing in such lodging or service.
Lodging restriction. No owner, keeper, or proprietor of any lodging house, rooming house, motel or hotel shall rent or provide a room for any number of persons greater than the sleeping accommodations provided within the particular rental unit.
Occupancy restriction. No owner, keeper, or proprietor, guest or resident of any lodging house, rooming house, motel or hotel shall allow to congregate within any room or single rental unit a number of persons which is greater than three times the number of persons for whom sleeping accommodations are provided within the single room or rental unit.
Enforcement. Notwithstanding anything to the contrary in this chapter, a violation of this section shall also be punishable under § 1-19 of the Code of the City of Franklin and may be enforced by the City of Franklin Police Department. In addition to any forfeiture under § 1-19 of the Code of the City of Franklin for violation of this section, notwithstanding anything to the contrary in this chapter, the City may institute an action or proceeding to enjoin a violation, and such violation shall constitute the basis for revocation of any and all licenses and permits wherein the City is the issuing authority.
The City does hereby incorporate and adopt Ch. ATCP 75 and Appendix, Wis. Adm. Code, to apply to any vending machine located within the City.
No person shall violate any provisions of this chapter.
Enforcement. The Health Officer or authorized agent designee shall enforce any provision of this chapter.
Inspection. If, upon inspection, the Health Department or authorized agent finds that any licensed or unlicensed establishment is conducted or managed in violation of the ordinances or regulations of the City, laws of the state or regulations of any agency of the state prescribing standards of health or sanitation, the Health Department or authorized agent 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)(g) 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.
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 Health Officer or authorized agent.
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 licensure and for services and activities performed by the Health Department in carrying out its responsibilities under this Code shall be determined by ordinance of the Common Council, as may be modified from time to time as it so shall determine, and shall be set forth in Chapter 169 of this Code.
Fees to accompany application. License fees imposed under this chapter shall accompany the license application. If a license is granted, 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.
If a conflict arises between this chapter and other City ordinances, state or federal regulations, the stricter rule shall apply.
Any person, partnership, firm or corporation who or which fails to comply with the order of the Health Officer or its designee or who violates § 138-6 shall be subject to a forfeiture of not less than $50 and not more than $500 per day for each day the condition ordered corrected continues uncorrected after the expiration of the time period stated in the order or violation of § 138-6, together with the costs of the action.