City of South Milwaukee, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY:[1] Adopted by the City Council of the City of South Milwaukee 11-19-2002. Amendments noted where applicable.]
[1]
Editor’s Note: The title of this chapter was changed from “License and Business Regulations” to “Health Department Licenses and Business Regulations” 4-18-2017 by Ord. No. 2146.
[Amended 1-18-2011 by Ord. No. 2016; 6-2-2015 by Ord. No. 2105; 4-18-2017 by Ord. No. 2146]
This chapter is adopted pursuant to that authority provided by §§ 97.41(1m), 97.615, 125.68(5), 251.04(3), Wis. Stats., and Chs. ATCP 72, 73, 74, 75 and Appendix, 76, 78, 79, DSPS 390, Wis. Adm. Code. The purpose of this chapter is to protect and improve the public health and to authorize and recognize the City of South Milwaukee 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, restaurants, retail food establishments, 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, and in making investigations and inspections of food vending machines, their operators, schools, and national lunch and breakfast programs.
[Amended 4-18-2017 by Ord. No. 2146]
The provisions of this chapter 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 pools, establishments possessing Class A, Class B, or Class C alcoholic beverage licenses, or vending machines, school and national lunch and breakfast programs in the City of South Milwaukee.
[Amended 1-18-2011 by Ord. No. 2016; 4-18-2017 by Ord. No. 2146]
The applicable laws, rules, and regulations as set forth in § 66.0417, Chs. 93, 97, 125, 251, Wis. Stats.; local ordinances Chapters 19 and 21; Chs. ATCP 72, 73, 74, 75 and Appendix, 76, 78, 79, DSPS 390, Wis. Adm. Code, and the MOU between DPI and DATCP are hereby adopted 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.
A. 
All definitions as set forth in Chs. 93, 97, 125, 251, Wis. Stats.; and local ordinances Chapters 19 and 21; Chs. ATCP 72, 73, 74, 75 and Appendix, 76, 78, 79 and DSPS 390, Wis. Adm. Code, are incorporated in this chapter.
[Amended 1-18-2011 by Ord. No. 2016; 4-18-2017 by Ord. No. 2146]
B. 
Specific definitions.
DEPARTMENT
The Environmental Health Consortium consisting of the Cudahy, Saint Francis and South Milwaukee Health Departments.
DUPLICATE PERMIT FEE
A fee for the replacement of the original permit.
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.
GOVERNING BODY
The local health department in that City in which the business is located or its successor organization if any, or in its absence, the Public Health Administrator.
INSPECTION FEE
A fee charged for inspecting a retail food establishment, temporary food establishment or mobile food establishment that has a valid license from another jurisdiction or the State of Wisconsin Food and Recreational Licensing Program.
[Added 4-18-2017 by Ord. No. 2146]
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.
MILK
The whole, fresh, clean, lacteal secretion obtained by the complete milking of one or more healthy cows. Milk shall contain not less than 3% of milk fat and not less than 8.25% of milk solids not fat. Milk may be standardized by the addition or removal of cream or by the addition of skim milk. When so standardized, milk shall contain not less than 3.3% of milk fat and not less than 8.25% of milk solids not fat. Milk fat or butterfat is the fat of milk.
MILK PRODUCTS
Includes: cream, light cream, coffee cream, table cream, whipping cream, whipped cream, sour cream, cultured cream, cultured sour cream, half and half, sour half and half, cultured half and half, cultured sour half and half, concentrated milk, concentrated milk products, skim milk, skimmed milk, vitamin D milk, vitamin D milk products, fortified milk, fortified milk products, low fat milk, homogenized milk, flavored milk, flavored drink, flavored dairy drink, flavored skim milk, buttermilk, cultured buttermilk, cultured milk, acidified milk, acidified milk products, egg nog, yogurt, cottage cheese and creamed cottage cheese. This definition does not include such products as sterilized milk and milk products hermetically sealed in a container and so processed, either before or after sealing, as to prevent microbial spoilage, or evaporated milk, condensed milk, ice cream and other frozen desserts, butter dry milk products (except as defined herein), or cheese, except when they are combined with other substances to produce any pasteurized milk or milk products defined herein.
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.
PLAN REVIEW FEE
A fee required when an establishment is newly constructed or extensively remodeled. Extensive remodeling does not include redecorating, cosmetic refurbishing, or altering seating design or capacity.
[Added 4-18-2017 by Ord. No. 2146]
PRE-INSPECTION FEE
A fee for consultative services offered to persons intending to operate a new hotel, tourist rooming house, bed-and-breakfast establishment, restaurant, retail food establishment, swimming pool, 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 establishment, swimming pool and campground.
[Amended 1-18-2011 by Ord. No. 2016; 4-18-2017 by Ord. No. 2146]
RE-INSPECTION FEE
A fee for the reinspections needed to address compliance issues with the statutes and administrative codes.
RETAIL FOOD ESTABLISHMENT
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.
[Amended 4-18-2017 by Ord. No. 2146]
The provisions of this Ordinance shall be administered by or under the direction of the Department or authorized agent who 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 Ordinance. 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 re-issuance 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 section, nor shall the operator give false information with the intent to mislead the Department or authorized agent.
[Amended 1-18-2011 by Ord. No. 2016; 4-18-2017 by Ord. No. 2146]
No person shall manufacture, prepare for sale, offer, expose for sale or sell food defined in § 31.04B unless it is securely protected from filth, flies, dust or contamination or unclean, unhealthful or unsanitary conditions.
[Amended 5-6-2008 by Ord. No. 1969; 4-18-2017 by Ord. No. 2146]
A. 
No person, partnership, association or corporation may operate a business as enumerated in § 31.02 within the City 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 § ATCP 75.104(3), Wis. Adm. Code.
C. 
No permit shall be granted to any person under this chapter without a pre-inspection 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 4-18-2017 by Ord. No. 2146]
Exemption from this license pursuant to § 97.30(2)(b), Wis. Stats., and § ATCP 75.03(9), Wis. Adm. Code, are hereby adopted and incorporated herein by reference. Exemption from this license does not exclude any person handling food for public consumption from inspection and compliance with the requirements of this article.
All applicants must apply on forms furnished by the Department. All applications for permits shall be made in writing to the local Governing Body where the business is located. All applications 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 licenses 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 provided to the owner, operator or employee of the establishment and another copy shall remain on file at the Department.
[Amended 4-18-2017 by Ord. No. 2146]
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.
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 section and has paid to the City the fee required in the City Fee Schedule. A licensee must obtain approval from the City Common Council in which the business is located if its license has been suspended or revoked in the last three years.
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 re-issuance. 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 their 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 serous, 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, 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 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 to the requirements of this chapter or for interference with the Health Officer or designee in the performance of their 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.
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 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 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 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 licensee must obtain approval from the City Common Council 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 1-18-2011 by Ord. No. 2016; 4-18-2017 by Ord. No. 2146]
The City does hereby adopt Ch. ATCP 78, Wis. Adm. Code, to apply to any recreational or educational camp located within the City.
[Amended 1-18-2011 by Ord. No. 2016; 4-18-2017 by Ord. No. 2146]
The City does hereby adopt Ch. ATCP 79, Wis. Adm. Code, to apply to any campgrounds within the City.
[Amended 1-18-2011 by Ord. No. 2016; 4-18-2017 by Ord. No. 2146]
The City does hereby adopt Ch. ATCP 76, Wis. Adm. Code, to apply to any public swimming pool located within the City.
[Amended 1-18-2011 by Ord. No. 2016; 4-18-2017 by Ord. No. 2146]
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 1-18-2011 by Ord. No. 2016; 4-18-2017 by Ord. No. 2146]
The City does hereby adopt Ch. ATCP 75 and Appendix, Wis. Adm. Code, Chapter 11 of the Wisconsin Food Code, to apply to any vending machine located within the City.
No person shall violate any provisions of this chapter.
A. 
Enforcement. The Department or its designee shall enforce any provision of this chapter.
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 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.
(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 chapter or by other applicable laws as deemed necessary by the Department or designee.
(h) 
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 services and activities performed by the Department in carrying out its responsibilities under this code shall be determined by resolution of the Common Council and published in the Administrative Fee Schedule.
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 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, which immediately followed, were repealed 4-18-2017 by Ord. No. 2146.
A. 
All licenses issued under provisions of this chapter 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 4-18-2017 by Ord. No. 2146]
Type
Date
Food/drink
June 30
Hotel/motel
June 30
Public swimming pool
June 30
Bed-and-breakfast
June 30
Recreation and educational camps
June 30
Campgrounds
June 30
Vending machines
June 30
B. 
The licenses shall expire at midnight of the last effective day of the license, unless otherwise provided by these ordinances of 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.
[Amended 4-18-2017 by Ord. No. 2146]
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.
[Amended 4-18-2017 by Ord. No. 2146]
A. 
Any person who shall violate any of the provisions of Chapter 31 of the South Milwaukee Code or fails to comply with an order issued pursuant to the provisions of this chapter shall, upon conviction, be subject to a forfeiture of not less than $50 nor more than $500 and the cost of prosecution for each offense, including restitution of the cost to the Department to mitigate the code violation.
B. 
Every day on which a violation provision of this chapter or a failure to comply with an order issued pursuant to the provisions of this chapter continues shall constitute a separate offense.