[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.]
GENERAL REFERENCES
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.
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.
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.
A. 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.
B. As used in this chapter, the following terms shall have the meanings
indicated:
DEPARTMENT
The City of Franklin Health Department.
FOOD
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.
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.
PERMIT/LICENSE
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.
A. 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.
B. 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.
C. 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.
D. No permit shall be issued until all license and service fees have
been paid.
A. 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.
A. 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.
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 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.
A. 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.
B. 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. 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/her intention to
cease operations.
A. 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.
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 specifying 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 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.
A. 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.
B. When a license is revoked, the owner/operator shall turn over the
license to the Health Officer or designee and cease operations immediately.
C. 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. 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.
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 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.
B. 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.
A. 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.
B. Registration and security.
(1) 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.
(2) 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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.
(8) 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.
A. Enforcement. The Health Officer or authorized agent designee shall
enforce any provision of this chapter.
B. Enforcement procedure.
(1) 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.
(2) 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.
(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.
(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 chapter or by other applicable
laws as deemed necessary by the Health Officer or authorized agent.
C. 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. 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.
B. 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.
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.
A. All licenses issued under provisions of this chapter shall expire,
unless otherwise ordered by the Department or authorized agent, on
June 30.
B. The licenses shall expire at 12:00 midnight of the last effective
day of the license, unless otherwise provided by this chapter or state
laws.
A. It is the responsibility of the owner/operator to apply and pay the
appropriate fee before the expiration date of such license.
B. Uncooperative, habitual violators may be refused license renewal
in the discretion of City of Franklin Health Department officials.
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.