[Amended 5-16-2017 by Ord. No. 1411]
The provisions of this article shall apply to the owner, operator
or agents thereof of any hotel, motel, tourist rooming house, restaurant,
retail food establishment, bed-and-breakfast establishment, campground,
recreational and educational camp, public swimming pool, establishment
possessing Class A, Class B, or Class C alcoholic beverage licenses,
vending machines and national lunch and breakfast programs in the
City of St. Francis.
[Amended 5-16-2017 by Ord. No. 1411]
The applicable laws, rules, and regulations as set forth in
Chs. 66, 93, 97, 125, and 251, Wis. Stats., and Chs. ATCP 72, 73,
74, 75 and Appendix, 76, 78, 79, 80, Wis. Adm. Code, the memorandum
of understanding executed annually between the Wisconsin Department
of Public Instruction and the Wisconsin Department of Trade and Consumer
Protection, and Ch. SPS 390, Wis. Adm. Code, and as modified and renumbered
from time to time, are hereby incorporated by reference and a copy
of each shall be on file and open to public inspection in the offices
of the Department and City Clerk.
[Amended 5-16-2017 by Ord. No. 1411; 4-5-2023 by Ord. No. 1509]
All definitions as set forth in Chs. 93, 97, 125, and 251, Wis. Stats., Chs. ATCP 72, 73, 74, 75 and Appendix, 76, 78, 79 and Ch. SPS 390, Wis. Adm. Code, and the following chapters of the City of St. Francis Code, and as amended and renumbered from time to time, are incorporated in this article: Chapters 175, 180, 192, 198, 212, 226, 240, 273, 288, 315, 329, 351, 367, 380, 407 and 417. As used in this article, the following terms shall have the meaning indicated:
The Environmental Health Consortium consisting of the Cudahy,
St. Francis and South Milwaukee Health Departments.
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.
A fee charged for inspecting a retail food establishment
or temporary food establishment that has a valid license from another
jurisdiction or the State of Wisconsin Food and Recreational Licensing
Program.
A fee for failure to pay established fees by June 30 or the
due date if different.
An establishment that has a current and valid license that
is required under this article.
The document issued by the regulatory authority that authorizes
a person to operate an establishment. The words "permit" and "license"
as used throughout this article shall be interchangeable.
A fee that may be required when an establishment is newly
constructed or extensively remodeled. Extensive remodeling does not
include redecorating, cosmetic refurbishing, or altering seating design
or capacity.
A fee established from time to time by resolution of the
City of St. Francis Common Council for consultative services offered
to persons intending to operate a new hotel, tourist rooming house,
bed-and-breakfast establishment, restaurant, food establishment, 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, food establishment, swimming pool or campground.
A fee established from time to time by resolution of the
City of St. Francis Common Council for reinspection provided to address
compliance with this Code and/or applicable statutes and administrative
code provisions.
A permanent 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 provisions of this article 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 and obtain photographic
and/or such other evidence as may be needed to enforce this article.
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 article,
nor shall the operator give false information with the intent to mislead
the Department or authorized agent.
No person shall manufacture, prepare for sale, offer, expose
for sale or sell food unless it is securely protected from filth,
flies, dust or contamination or unclean, unhealthful or unsanitary
conditions.
A.
No person, partnership, association or corporation may establish
a business that requires a license under this article without first
having obtained a current and valid license.
B.
Licenses shall not be transferable from person to person or from
premises to premises, with the exception of a license issued under
the provisions of Ch. ATCP 75.104, Wis. Adm. Code.
[Amended 5-16-2017 by Ord. No. 1411]
C.
No permits shall be granted to any person under this article without
a preinspection by the Department of the premises for which the permit
shall be granted.
D.
No permit shall be issued until all application fees have been paid.
[Amended 5-16-2017 by Ord. No. 1411]
Exemption from this license does not exclude any person handling
food for public consumption from inspection and compliance with the
requirements of this article. 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.
[Amended 4-5-2023 by Ord. No. 1509]
All applicants must apply on forms furnished by the Department.
All applications for permits shall be made in writing to the Department.
All applications shall list the true, legal names of the owners or
operators of the business, whether a 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.
[Amended 4-5-2023 by Ord. No. 1509]
Any person refused or denied a license may appeal the refusal or denial pursuant to the provisions of Chapter 4, Administrative Review, of this Code.
[Amended 5-16-2017 by Ord. No. 1411]
A.
As a condition of license renewal, all establishments licensed under
this article 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 provided to the owner, operator or employee of the establishment
and another copy shall remain on file at the Department.
B.
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 within the time period set forth on the invoice and, in default,
may be assessed as a special charge under § 66.0627, Wis.
Stats.
C.
Operators in charge of retail food establishments shall maintain
an effective and constant inventory system and shall use the system
to properly rotate the milk and milk products. Such operators shall
remove all outdated milk and milk products and prevent their sale
to the customer.
The Department or authorized agent shall issue a license to
each applicant for a new or renewal license that meets all the requirements
of this article and has paid to the City the fee required in the City
Fee Schedule. A licensee must obtain approval from the city in which
the business is located if its license has been suspended or revoked
in the last three years.
A.
If funds are to be found insufficient, upon lack of payment or if
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.
Each license shall be posted in a conspicuous place visible
to the public on the licensed establishment premises.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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 specify the time period within
which such action shall be taken, and such order shall state that
the license is immediately discontinued.
D.
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 Department or designee shall make a reinspection and
thereafter as many additional reinspections as deemed necessary to
assure that the applicant has complied with the requirements. If the
findings indicate compliance, the Department may reinstate the license.
A.
For serious or repeated violations of any of the requirements of
this article or for interference with the Health Officer/Public Health
Administrator or designee in the performance of his duties, the Health
Officer/Public Health Administrator may permanently revoke the license
issued under this article. Prior to such action, the Health Officer/Public
Health Administrator shall notify the license holder in writing, stating
the reasons for which the license is revoked.
B.
When a license is revoked, the owner/operator shall turn over the
license to the Health Officer/Public Health Administrator or designee
and cease operations.
C.
The license of any establishment shall be automatically revoked when
the business is not operated for a period of 120 consecutive days,
unless otherwise ordered by the Health Officer/Public Health Administrator
or designee. 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 article.
[Amended 4-5-2023 by Ord. No. 1509]
Any person whose license has been revoked may appeal the revocation pursuant to provisions of Chapter 4, Administrative Review, of this Code.
A.
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. The licensee must obtain approval from the city
in which the business is located prior to the reissuance of the license.
B.
Upon revocation, all variances and grandfather clauses shall be rescinded.
Reapplication for licensure shall be as a new establishment.
A.
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.
B.
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.
[Amended 5-16-2017 by Ord. No. 1411]
The City does hereby adopt Ch. ATCP 78, Wis. Adm. Code, to apply
to any recreational or educational camp located within the City.
[Amended 5-16-2017 by Ord. No. 1411]
The City does hereby adopt Ch. ATCP 79, Wis. Adm. Code, to apply
to any campgrounds located within the City.
[1]
Editor's Note: Former § 262-29, Tattooing and body
piercing, was repealed 5-16-2017 by Ord. No. 1411.
[Amended 5-16-2017 by Ord. No. 1411]
The City does hereby adopt Ch. ATCP 76, Wis. Adm. Code, to apply
to any public swimming pool located within the City.
[Amended 5-16-2017 by Ord. No. 1411]
The City does hereby adopt Ch. ATCP 72, Wis. Adm. Code, to apply
to any hotel, motel and tourist rooming houses located within the
City.
[Amended 5-16-2017 by Ord. No. 1411]
The City does hereby adopt Ch. ATCP 75 and Appendix, and Chapter
11 of the Wisconsin Food Code, Wis. Adm. Code, to apply to any vending
machines located within the City.
No person shall violate any provisions of this article.
A.
Enforcement agency. The Department or its designee shall enforce
any provision of this article.
B.
Enforcement procedure.
(1)
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 City, 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.
(2)
Exceptions to written order. In 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.
(3)
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:
(a)
The issuance of a citation.
(b)
A reinspection fee.
(c)
Suspension of license.
(d)
Revocation of license.
(e)
Commencement of legal action against the person seeking a court-imposed
forfeiture and/or imprisonment.
(f)
Commencement of legal action against the person seeking an injunction
to stop, abate the violation and/or correct the damage created by
the violation.
(g)
Any other action authorized by this article or by other applicable
laws as deemed necessary by the Department or designee.
(4)
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.
A.
Fees established.
[Amended 4-19-2016 by Ord. No. 1393]
(1)
The
fees for services and activities performed by the Department in carrying
out its responsibilities under this article shall be established from
time to time by resolution of the Common Council.
(2)
Subject to § 66.0628, Wis. Stats., fees established and charged under this § 262-34 related to services and activities of the Department carried out in connection with an existing cooperative agreement with the City of South Milwaukee shall be consistent with the fee schedule established from time to time by the City of South Milwaukee for such services.
B.
Fees to accompany application. License fees imposed under this article
shall accompany the license application. If a license is granted,
the Department shall issue the applicant a receipt for the license
fee.
C.
No proration. There will be no proration for license fees.
D.
Refunds. No license fee paid shall be refunded, unless a refund is
requested prior to a preinspection for a new establishment.[1]
[1]
Editor's Note: Former Subsections E through J, regarding local
preinspection fees, late fees, duplicate license fee, license fees,
accounting and application, and reinspection, respectively, which
immediately followed this subsection, were repealed on 5-16-2017 by
Ord. No. 1411.
A.
All licenses issued under provisions of this article shall expire
as follows, except that a license issued for a new retail food establishment
on or after March 30 but before July 1 expires on June 30 of the following
year.
[Amended 5-16-2017 by Ord. No. 1411]
B.
The licenses shall expire at 12:00 midnight of the last effective
day of the license, unless otherwise provided by these ordinances
or state laws.
A.
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.
B.
Uncooperative, habitual violators may be refused license renewal.
Whenever conflicts between these rules and regulations and other
City ordinances or state and federal regulations occur, the most stringent
rule shall apply.
Except as otherwise provided in this article, any person who shall violate any provision of this article, or any regulation, rule or order made herein, or who shall fail to obtain a license or permit as required by this article shall be subject to a penalty as provided in § 1-4 of this Code.
