[Adopted by Ord. No. 1696 (Sec. 10.18 of the Codification); amended in its entirety 4-17-2017 by Ord. No. 1831]
This article is adopted pursuant to authority provided by § 97.41,
Wis. Stats., which authorizes local health departments to become the
designated agent of the State Department of Agriculture, Trade and
Consumer Protection (ATCP) for the purpose of issuing permits, making
investigations or inspections, and enforcing the applicable state
administrative codes for the operations of retail food establishments,
restaurants, hotels and motels, tourist rooming houses, bed-and-breakfast
establishments, campgrounds, recreational and educational camps, tattoo
and body-piercing establishments, public swimming pools, and establishments
possessing class A, class B, or class C alcohol beverage licenses
(for sanitation and health purposes and not alcohol licensing purposes),
and in making investigations and inspections of food vending machines,
their operators, vending machine commissaries, and the national school
lunch and breakfast program and establishing permit and inspection
fees related to the inspections and issuance of such permits. The
local health department, acting through the environmental health consortium,
will be required to enter into a contract with the ATCP regarding
the powers and duties that it will be authorized to perform under
the applicable statutes, this article and the contract.
The provisions of this article shall apply to the owner, operator
or agents thereof of any hotels, motel, tourist rooming house, restaurant,
food establishment, bed-and-breakfast establishment, campgrounds,
recreational and educational camp, public swimming pools, tattoo and
body-piercing establishments, establishments possessing class A, class
B, or class C alcohol beverage licenses, vending machine commissaries
or vending machines and the national lunch and breakfast program in
the Village.
The applicable laws, rules, definitions and regulations as sets
forth in Wis. Stats., Chs 97, 125, 251 and 254; Wis. Adm. Code Chs.
ATCP 72, 73, 74, 75, 76, 78, 79; and Ch. SPS 390, and any future amendments
thereof, are hereby incorporated herein and adopted by reference,
and shall be made available for public inspection.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
The North Shore Health Department.
A fee for the replacement of the original permit.
The North Shore Health Department for the purposes set forth in § 10-52.
The Director of the North Shore Health Department, which
is the health department for the Village.
A fee charged for inspection services required or a fee charged
for inspecting a mobile food establishment or temporary food establishment
that has a valid license from another jurisdiction or the Department.
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 Department that authorizes a person
to operate an establishment. The terms "permit" and "license," as
used throughout this article, shall be interchangeable.
A fee paid for an inspection made before issuance of an initial
permit or when there is a change of operator.
A mandatory inspection to ensure that priority, critical
or recurring violations have been corrected, including:
An observed violation of immediate danger to public health (priority
or critical) that is not corrected during the inspection;
Six or more priority (critical) violations observed and noted;
Repeat violations noted during two previous inspections (three
consecutive times); or
With consultation from a supervisor, an excessive number of
violations that show a lack of managerial control observed during
an inspection.
A fee for the second and subsequent reinspections needed
to address compliance issues with the statutes and administrative
codes.
The annual evaluation of a licensee's operation of its establishment.
After the regulatory authority presents official credentials
and provides notice of the purpose of, and an intent to conduct an
inspection, the person in charge shall allow the regulatory authority
to determine if the establishment is in compliance with applicable
codes by allowing access to the establishment, allowing inspection,
and providing information and records to which the regulatory authority
is entitled according to law, during the establishments hours of operation
and other reasonable times.
A.
No person may assault, restrain, threaten, intimidate, impede, interfere
with or otherwise obstruct the Department or authorized agent in the
performance of his duties under this section, and the operator shall
not give false information with the intent to mislead the Department
or authorized agent.
B.
If the person in charge denies access to the regulatory authority,
the regulatory authority shall:
(1)
Inform the person in charge that:
(a)
The permit holder is required to allow access to the regulatory authority as specified under § 10-56 of this chapter.
(b)
Access is a condition of the acceptance and retention of an establishment's permit to operate as specified under § 10-58.
(c)
If access is denied, an order issued by the appropriate authority
allowing access, hereinafter referred to as an "inspection order,"
may be obtained according to law.
(2)
Make a final request for access.
(3)
If denied access to an establishment for an authorized purpose and after complying with Subsection B(2) of this section, the regulatory authority may apply for the issuance of an inspection order to gain access as provided in law.
(4)
The regulatory authority may order access for one or more of the
following purposes, subject to law for gaining access:
(a)
If admission to the premises of an establishment is denied or
other circumstances exist that would justify an inspection order under
law, to make an inspection including taking photographs;
(b)
To examine and take samples of the food; and
(c)
To examine the records on the premises relating to food purchased,
received, or used by the establishment.
(5)
The regulatory authority's inspection order shall:
A.
No person may operate or provide the services, food or other products
that requires a license under this article without first having obtained
a current and valid license.
B.
No permit 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.
C.
No permit shall be issued until all application fees have been paid.
D.
A food vendor may be exempt from licensing if the vendor has obtained
a valid mobile retail food license from the Department of Agriculture,
Trade and Consumer Protection and is able to provide a copy of the
license to the North Shore Health Department.
E.
A food vendor may be exempt from licensing if the vendor has obtained
a valid processing plant license for non-potentially hazardous, prepackaged
food which pertains specifically to the items that wish to be sold
and is able to provide a copy of the license to the North Shore Health
Department.
Statutory exemptions from the requirement to obtain a food license
does not exclude any person handling food for public consumption from
inspection and compliance with all sanitation requirements of this
article and paying all necessary fees as it pertains to the fee schedule
associated with such action.
All applicants must apply on forms furnished by the Department.
All applications for permits shall be made in writing to the Department
where the business is located. All applications shall list the true
legal names of the owners or operators of the business, including
partners and managing members of limited liability companies and the
addresses. All corporations and limited liability companies applying
for licensure shall be registered with the state, 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.
A.
No person shall erect, construct, enlarge or alter a food establishment
without first submitting to the Department or its 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 a floor plan, equipment plan and specifications,
wall, floor and ceiling finishes, and plans and specifications for
food service kitchen ventilation and plumbing, an intended menu, anticipated
volume of food to be stored, prepared, and sold or served, HACCP (Hazard
Analysis Critical Control Points) plans, variance requests and standard
procedures that ensure compliance with the Wisconsin Food Code. Submitted
plans shall give all information necessary to show compliance with
applicable health codes. Submitted plans shall be retained by the
Department or its designee and shall treat as confidential in accordance
with law. Information that meets the criteria specified in law for
a trade secret and is contained on inspection report forms and in
plans and specifications submitted.
B.
At the option of the Department or its 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 its designee.
A.
Except as specified in Subsection B of this section, a permit holder shall at the time of the inspection correct a violation of a priority item or priority foundation item of the Food Code, or any item of critical nature within the applicable code associated with license held by that establishment, or if deemed critical by the regulatory authority, and implement corrective actions.
B.
Considering the nature of the potential hazard involved and the complexity
of the corrective action needed, the regulatory authority may agree
to or specify a longer time frame as specified in policy for critical,
priority, priority foundation, and core items.
C.
At the conclusion of the inspection, the regulatory authority shall
provide a copy of the completed inspection report and the notice to
correct violations to the permit holder or to the person in charge,
and request a signed acknowledgement of receipt.
(1)
If the permit holder or the person in charge refuses to sign acknowledgment,
the regulatory authority shall:
(a)
Inform the person who declines to sign an acknowledgement of
receipt of inspectional findings that a signature does not represent
agreement with findings;
(b)
Refusal to sign an acknowledgment of receipt will not affect
the permit holder's obligation to correct the violations noted in
the inspection report within the time frames specified; and
(2)
Make a final request that the permit holder or the person in charge
sign an acknowledgment receipt of inspectional findings.
D.
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.
E.
Whenever an order or directive is issued on a health code violation
which requires a reinspection to determine compliance, one reinspection
shall be made without charge in a timely manner as determined by local
policy and documented by the Department following the time period
given in the order or directive. If, upon the first 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 regulatory authority may issue a hold order according to
policy to a permit holder or to a person who owns or controls the
food, as specified previously in this article, without prior warning,
notice of a hearing, or a hearing on the hold order.
A.
According to time limits imposed by § 97.12, Wis. Stats.,
the regulatory authority may place a hold order on a food that:
B.
If the regulatory authority has reasonable cause to believe that
the hold order will be violated, or finds that the order is violated,
the regulatory authority may remove the food that is subject to the
order to a place of safekeeping.
A.
The Department 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 Department all applicable fees.
B.
If an applicant for a permit to operate is denied, the regulatory
authority shall provide the applicant with a notice that includes:
A.
A license will not be issued until all applicable fees, late fees
and processing charges are paid.
B.
No license shall be issued to any person that owes the Village for
overdue forfeitures, unpaid real or personal property taxes, assessments
or special charges, late fees, or license fees relating to a current
or previous licensed establishment until all such outstanding amounts
are paid.
C.
No license shall be issued for any premises or property for which
there are outstanding real or personal property taxes, assessments
or special charges, late fees, or license fees relating to a current
or previous licensed establishment until all such outstanding amounts
are paid.
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.
Whenever the Department or permit holder finds a condition in
a licensed establishment which is determined to be a direct and immediate
hazard to public health such as fire, flood, extended interruption
of electrical or water service, sewage backup, misuse of poisonous
or toxic materials, onset of an apparent food-borne illness outbreak,
gross insanitary occurrence or condition, or other circumstances that
may endanger public health, the permit may be suspended without notice
or warning or the permit holder shall immediately discontinue operations
and notify the regulatory authority.
A.
If operations are discontinued, the permit holder shall obtain approval
from the regulatory authority before resuming operations.
B.
A permit holder need not discontinue operations in an area of an
establishment that is unaffected by the imminent health hazard as
deemed so by the regulatory authority.
Whenever the Department has reasonable grounds to believe there are violations that constitute a health hazard that are serious but not an immediate threat to the public health, or for recurring or repeated violations, a permit may be suspended if the Department serves a written notice of the violations and corrective actions required to the licensee. The agent or employee in charge of the licensed premises shall specify a reasonable time limit for any corrective action required, indicate a reinspection shall be made to certify that reasons for the suspension have been eliminated and that the permit holder may request an appeal hearing by submitting a timely request as specified in § 10-72.
A.
Upon notification of suspension, the permit must be surrendered to
the Department until the time of reissuance.
B.
The Department may suspend any permit or license issued under this
article upon failure to pay any fees due under this article. The Department
will notify the permit holder in writing that the permit has been
suspended and the reason why. The suspension will continue until payment
of all past due fees.
The license holder whose license has been suspended may at any
time request reinstatement of the license. Accompanied by a signed
statement by the applicant that the violations have been corrected,
within seven days after the request for reinspection the Department
or its 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.
For serious or repeated violations of any of the requirements
of this article, or for interference with the health officer or his
designee in the performance of his duties, the health officer or his
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.
When a license is revoked, the owner or operator shall turn over the
license to the health officer or his designee and cease operations
immediately.
A person whose license has been revoked may, at any time, make
reapplication for a revoked license. Within seven days after the receipt
of satisfactory application, accompanied by a signed statement by
the applicant that the violations have been corrected, the Department
or its designee shall make a preinspection 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.
Any person refused or denied a license or who has had a license
revoked or suspended, or wishes to dispute any order issued by the
regulatory authority, may appeal through the appeal procedure provided
under the provisions of §§ 68.07 to 68.16, Wis. Stats.
A recipient of an order or decision may file a petition for
judicial review in a court of competent jurisdiction after available
administrative appeal remedies are exhausted.
The regulatory authority may seek administrative or judicial
remedy to achieve compliance with the provisions of this article if
an establishment:
A.
Fails to have a valid permit to operate;
B.
Violates any term or condition of a permit as specified within article;
C.
Allows serious or repeated code violations to remain uncorrected
beyond time frames for correction approved, directed, or ordered by
the regulatory authority;
D.
Fails to comply with regulatory authority order issued concerning
an employee or conditional employee suspected of having a disease
transmissible through food by infected persons;
E.
Fails to comply with a hold order;
F.
Fails to comply with an order issued as of a hearing for an administrative
remedy;
G.
Fails to comply with a summary of suspension order issued by the
regulatory authority.
A.
No person shall violate any provisions of this article.
B.
The Department or its designee shall enforce any provision of this
article, and the enforcement provisions of the statutes or state administrative
code sections adopted by this article and Wis. Stats. Ch. 93, Department
of Agriculture, Trade and Consumer Protection, which are hereby incorporated
herein as though fully set forth, pertaining to the authority for
compliance and enforcement of these provisions: Wis. Adm. Code Ch.
ATCP 75.
A.
If upon inspection the Department or its designee finds that any
licensed or unlicensed establishment is conducted or managed in violation
of the ordinances or regulations of the Village, laws of the state,
or regulation of any agency of the state prescribing standards of
health or sanitation, the Department or its 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.
B.
In extreme cases where a violation poses an immediate health hazard as determined by the Department or its designee or in the case of repeating occurrences of the same violation by the same person, the actions specified in Subsection C of this section may be initiated immediately.
C.
If a person does not comply with a written order from the Department
or its designee, the person may be subject to one or more of the following
actions and/or penalties:
(1)
Issuance of a citation. The Departments' health officer or any other
person duly authorized by the health officer is authorized pursuant
to § 800.02, Wis. Stats., to issue municipal citations for
any violations of the provision of this article.
(2)
A reinspection fee.
(3)
Suspension of license.
(4)
Revocation of license.
(5)
Commencement of legal action against the person seeking a court imposed
forfeiture.
(6)
Commencement of legal action against the person seeking an injunction
to stop, abate the violation and/or correct the damage created by
the violation.
(7)
Any other action authorized by this article or by other applicable
laws as deemed necessary by the Department or its designee.
(8)
The initiation of one action or penalty under this section does not
exempt the apparent violator form any additional actions and/or penalties
listed in this section.
A.
Established; location. The fees for licenses, inspections, services
and activities performed by the Department in carrying out its responsibilities
under the article shall be reviewed and approved by the Village Board
and shall be on file and open to the public in the Department's office
and the office of the Village Clerk-Treasurer.
B.
Fees to accompany application. License fees imposed under this article
shall accompany the license application. The Department shall issue
the applicant a receipt for the license fee.
C.
Refunds. No fee paid may be refunded, unless a refund is requested
prior to receiving a completed application or for work not yet completed.
D.
Fees kept separate. All fees shall be accounted for separately and
applied to the expenses under this article.
A.
All licenses issued under provisions of this article shall expire,
unless otherwise ordered by the Department or authorized agent, as
follows:
(1)
Food/drink: June 30.
(2)
Hotel/motel: June 30.
(3)
Public swimming pool: June 30.
(4)
Boardinghouse/rooming house: December 31.
(5)
Bed-and-breakfast: June 30.
(6)
Recreational and educational camps: June 30.
(7)
Campgrounds: June 30.
(8)
Tattoo or body-piercing establishment: June 30.
(9)
Vending machines: June 30.
B.
The licenses shall expire at 12:00 a.m. of the last effective day
of the license, unless otherwise provided by this article or applicable
provisions of state law.
The Department, prior to the expiration date, shall furnish
renewal notices. It is the responsibility of the owner or operator
to complete the application form and pay the appropriate fee before
the expiration date of such license.
Whenever conflicts between this article and other Village ordinances
or state and federal regulations occur, the more stringent rule shall
apply.
