[HISTORY: Adopted by the Village Board of the Village of Hales Corners 3-14-2017 by Ord. No. 17-5 (§ 11.25 of the Municipal Code). Amendments noted where applicable.]
A. 
The following definitions shall apply in the interpretation and enforcement of this chapter:
BED-AND-BREAKFAST ESTABLISHMENT
Any place of lodging that provides eight or fewer rooms for rent to no more than a total of 20 tourists or other transients for more than 10 nights in a twelve-month period, is the owner's personal residence, is occupied by the owner at the time of rental, and in which the only meal served to guests is breakfast.
DEPARTMENT
The Hales Corners Health Department.
HEALTH OFFICER
The Health Officer of the Village of Hales Corners or authorized agent.
PERSON
An individual, partnership, association, firm, company, corporation, organization, municipality, county, town or state agency, whether tenant, owner, lessee or licensee, or the agent, heir or assignee of any of these.
B. 
All other definitions listed in Chs. ATCP 73 and ATCP 74, Wis. Adm. Code, are hereby adopted by reference.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
C. 
For the purposes of this chapter, the words "permit" and "license" shall mean the same and may be used interchangeably.
Unless provided in this chapter, no person shall operate a bed-and-breakfast establishment who does not possess a valid bed-and-breakfast establishment license from the Village of Hales Corners.
A. 
Application for a bed-and-breakfast establishment license shall be made in writing to the Village Clerk on forms furnished by the Department.
B. 
Application shall include:
(1) 
The full name or names of the person or persons making application;
(2) 
Business address of applicant;
(3) 
Nature of business to be licensed;
(4) 
Location of business to be licensed;
(5) 
If a corporation, the full names and addresses of its officers and manager or managers; and
(6) 
Business plan/plan of operation.
A. 
The fees for services and activities performed by the Department in carrying out its responsibilities under this chapter shall be published in the Village of Hales Corners Health Department Fee Schedule.
B. 
License fees shall accompany the license application.
C. 
There will be no proration of license fees, with the exception of requirements for agent status.
D. 
No license fee paid shall be refunded unless the license is denied.
E. 
Local preinspection fees shall be charged and shall include all inspection-related activities prior to the establishment doing business. Preinspection fees may be applicable for all new operations, changes in operation, remodeling or extension. Preinspection fees are not refundable.
F. 
Failure to correct a violation that requires a second follow-up inspection and any subsequent reinspections shall require a reinspection fee.
The bed-and-breakfast establishment application shall be referred to the Chief of Police, who shall investigate the applicant as deemed necessary. The Chief of Police shall indicate approval or disapproval, in writing, and return the application to the Village Clerk.
A. 
A bed-and-breakfast establishment license shall be issued by the Village Clerk:
(1) 
Upon payment of the license fee;
(2) 
After approval by the Chief of Police;
(3) 
After the Health Officer has certified that the bed-and-breakfast establishment meets the requirements of all applicable regulations; and
(4) 
After a determination that the applicant does not owe any personal property and/or real estate taxes to the Village.
B. 
Licenses shall be issued only in the name of the licensee of the bed-and-breakfast establishment and shall not be transferable from one person or place to another.
C. 
The applicant shall have complied with all building, zoning, plumbing, electrical, fire, and health codes.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
The applicable laws, rules, and regulations as set forth in Chs. 93, 97, 125, and 251, Wis. Stats., and Chs. ATCP 73 and ATCP 74, Wis. Adm. Code, are hereby adopted by reference and any amendments thereto from time to time, and a copy of each shall be on file and open to public inspection in the offices of the Department and Village Clerk.
A. 
All licensed establishments shall be inspected at least once per year. The Health Officer shall also perform as many other inspections or reinspections of each licensed establishment that are necessary for the enforcement of this chapter. One copy of the inspection report shall be given to the licensee or employee of the establishment and the original copy shall remain on file electronically at the Department.
B. 
The licensee shall, upon the request of the Health Officer, permit access to all parts of the establishment and shall permit the copying of any records of food purchased, pest control reports or other records pertinent to conducting a foodborne or waterborne illness investigation.
All licenses issued under provisions of this chapter shall expire on June 30, unless otherwise ordered by the Health Officer.
A. 
Renewal notices shall be furnished by the Department prior to the expiration date.
B. 
It is the responsibility of the licensee to complete the application form and pay the appropriate fee before the expiration date.
A. 
A licensee shall notify the Department whenever there is a change in any information that is reported on the application form. The licensee shall make this notification, in writing, within five days after the change occurs.
B. 
The licensee shall promptly notify the Department of intention to cease operations.
A. 
Whenever the Health Officer finds a condition in a licensed establishment which is determined to be a direct and immediate hazard to public health, without warning, notice or hearing, the license may be temporarily suspended.
B. 
A license may also be temporarily suspended with prior notice, pending correction of violations which 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, agent, or employee in charge of the licensed establishment shall cite violations, specify the corrective action to be taken, specify the time period within which action shall be taken, and shall state that the license is immediately suspended and all operations are to be immediately discontinued.
D. 
Upon notification of suspension, the license must be submitted to the Health Officer for retention until the time of reissuance.
A. 
The licensee may, at any time, make application for reinstatement of the license.
B. 
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 Officer shall make a reinspection and thereafter as many additional reinspections as deemed necessary to assure that the applicant has complied with the requirements.
C. 
If the findings indicate compliance, the Health Officer may reinstate the license.
A. 
For serious or repeated violations of any of the requirements of this chapter or for interference with the Health Officer in the performance of duties, the Health Officer may permanently revoke the license issued under this chapter. Prior to such action, the Health Officer shall notify the licensee, in writing, stating the reasons for which the license is revoked.
B. 
When a license is revoked, the licensee shall turn over the license to the Health Officer and cease operations.
C. 
The licensee may request a hearing, which will be conducted by the Board of Appeals as set forth in Chapter 5 of this Code.
A. 
A licensee may, at any time, make application for a new license.
B. 
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 shall make a preinspection and thereafter as many additional reinspections as deemed necessary to assure that the applicant has complied with the requirements.
C. 
If the findings indicate compliance, the Health Officer may issue the license.
D. 
Upon reapplication, all variances and legal nonconforming conditions shall not apply. Reapplication for licensing shall be as a new establishment.
A. 
Bed-and-breakfast establishment licenses must be posted at all times in a conspicuous place visible to the public on the premises of the licensed bed-and-breakfast establishment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
If the licensee is not able to furnish the license within 48 hours following an inspection, a duplicate license shall be obtained by the licensee.