[Adopted by Ord. No. 02-03 (§ 10.23 of the former City Code); amended in
its entirety 12-20-2022 by Ord. No. 22-75]
This article shall be administered by the City of Watertown
Department of Public Health.
A.
The Health Officer or the Health Officer's duly authorized representative shall enforce the regulations of this article and may issue orders to effect correction of violations and may issue citations pursuant to the City of Watertown Code. All enforcement actions shall minimally be analogous to Wis. Stat. Ch. 97.
B.
The City Attorney for the City of Watertown may, in their discretion,
commence legal action and may proceed pursuant to the provisions outlined
in Wis. Stats. §§ 66.0119 and 66.0114, or pursuant
to the issuance of a summons and complaint.
C.
The City of Watertown adopts by reference the following chapters
of the Wisconsin Administrative Code: Wis. Admin. Code ATCP Chs. 72,
73, 74, 75, 76, 78, 79 and Wis. Admin. Code SPS Chs. 221 and 390 and
all other state and federally referenced rules and memorandums of
understanding therein.
D.
The City of Watertown recognizes and adopts the same exemptions for
inspections and licensure as contained in the aforementioned state
statutes, administrative codes and the State of Wisconsin Department
of Safety and Professional Services (DSPS) and Department of Agriculture,
Trade and Consumer Protection (DATCP) policies.
E.
The City of Watertown is an agent for the Department of Agriculture,
Trade and Consumer Protection under the provisions as set forth in
Wis. Stats. § 97.41, and Wis. Admin. Code Ch. ATCP 74.
F.
The City of Watertown is an agent for the Department of Safety and
Professional Services under the provisions as set forth in Wis. Admin.
Code Ch. SPS 221.
As used in this article, the following terms shall have the
meanings indicated:
The City of Watertown Department of Public Health.
The Health Officer or their authorized agent.
The granting of permission in a written/certificate form
from the appropriate authority to carry on an activity. In this article,
it is synonymous with "permit."
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.
License application shall be made to the Department on forms
supplied by the Department, accompanied by the appropriate license
fee and pre-inspection fee. Licenses hereunder shall not be granted
or issued by the Department unless and until the Health Officer determines
and certifies compliance of the premises to be licensed with all the
applicable terms and conditions of all Wisconsin Administrative Codes
under contract. Applications for licenses required in this article
shall be made in writing to the Department on forms provided by the
Department and shall contain, but not be limited to, the following
information:
A.
The name and billing/mailing address of the entity requesting the
privilege of operating said business/conducting the activity.
B.
The establishment name and address.
C.
The signature of the legal licensee or agent to confirm that all
information on the application is correct and to acknowledge that
any change in the information on the application shall be reported
to the Health Officer within 14 days of the change.
A.
The Health Officer shall issue a license to the applicant only after
compliance with the requirements of this article and upon payment
to the Department of all required fees. The Department's decision
to grant or withhold a license shall not exceed 30 calendar days.
The decision to withhold shall accompany written inspection or documentation
of justification or cause.
B.
No license may be issued until all applicable fees have been paid.
The license period for licenses issued per the DSPS and DATCP
contract shall be from July 1 through the following June 30. Those
licenses initially issued during the period beginning on April 1 and
ending on June 30 expire on June 30 of the following year. Licenses
are not transferable between persons, entities or any combination
thereof.
In addition to the permit fees, the licensee shall pay any DSPS
and DATCP administrative fee, the amount of which is on file with
the Department.
A.
Fees. The fees for the inspections and licenses issued pursuant to
this section shall be as set by the Common Council and provided under
separate fee schedule.
B.
Non-proration of fees. Permit fees and other applicable fees are
not prorated for the fiscal year and must be paid in full at any time.
C.
Pre-inspections and their associated fees. Pre-inspections are required to be conducted for establishments within the scope of Wis. Stats. Ch. 97 and Wis. Admin. Code Ch. SPS 221.
D.
Late fees. Late fees are assessed to establishment licensees for
payment after July 1, provided under separate fee schedule.
E.
Re-inspection fees. In the event that the Department observes violations
during the course of its inspections, the Department shall charge
the party in violation a fee as set forth for each re-inspection necessary
to confirm that the original violations have been remedied, as determined
by DATCP Re-inspection Criteria Policy.
F.
No certified food protection manager fee. If facility owners do not
obtain a certified food protection manager certificate within 90 days,
facility owners will be assessed a charge of $150.
All licensees shall post their license in plain public view
on the premises for which the license is issued. It shall be posted
for the duration that the license is in force.
Authorized employees of the Department, upon presenting proper
identification, shall have the authority and duty to enter any licensed
premises during regular business hours to inspect the same, with respect
to a business open at least 40 hours per week. In the absence of regular
business hours, inspections shall be made at any reasonable hour.
In the event of an emergency, an inspection may be made at any time.
The Health Officer may deny any license application or suspend
or revoke any license issued under this article for noncompliance
with this article or any other state or county law. The following
procedure shall be followed in the denial, suspension or revocation
of any license issued under this article:
A.
A decision by the Health Officer to deny, suspend or revoke a license
shall be in writing and shall state, with specificity, the reasons
for the Heath Officer's decision and shall state any and all
applicable statutes, ordinances, rules, regulations, or orders which
may have been violated. The Health Officer shall send to the licensee
a copy of the written decision by mail or by personal service. Said
notice shall inform the licensee or applicant of the right to have
this decision reviewed and the procedure for such review.
B.
A licensee or applicant aggrieved by a decision of the Health Officer
to deny, suspend or revoke a license must send a written request for
review and reconsideration to the Health Officer within 10 working
days of receipt of the notice of the Health Officer's decision.
The request for review and reconsideration shall state the grounds
upon which the person aggrieved contends that the decision should
be reversed or modified.
C.
Within 10 working days of receipt of the request for review and reconsideration,
the Health Officer shall review their initial determination. The Health
Officer may affirm, reverse or modify the initial determination. The
Health Officer shall mail or deliver to the licensee or applicant
a copy of the Officer's decision on review and shall state the
reasons for such decision. The decision shall advise the licensee
or applicant of the right to appeal the decision, the time within
which appeal shall be taken, and the office or person with whom notice
of appeal shall be filed.
D.
A licensee or applicant who wishes to appeal a decision made by the
Health Officer on review must file a notice of appeal within 10 days
of receipt of the Health Officer's decision on review. The notice
of appeal shall be filed or mailed to the Health Officer. The Health
Officer shall immediately file said notice with the City of Watertown
Board of Health.
E.
A licensee or applicant shall be provided a hearing on appeal within
30 days of receipt of the notice of appeal. The Health Officer shall
serve the licensee or applicant with notice of hearing by mail or
personal service at least five days before the hearing.
F.
The hearing shall be conducted before the City of Watertown Board
of Health and shall be conducted in accordance with the procedures
outlined in § 68.11(2) and (3), Wis. Stats.
G.
Within 15 days of the hearing, the City of Watertown Board of Health
shall mail or deliver to the applicant its written determination,
stating the reasons therefor.
H.
Operating without a license. Any person who shall operate without
a license as required above shall be subject to a forfeiture in the
amount of $500. Ongoing violations of operating without a license
may be subject to forfeitures in the amount of $500 for each day in
which the person continues to operate without a license.
I.
Voided permit for failure to pay fees. If an applicant or owner fails
to pay all applicable fees, late fees and processing charges within
15 days after the applicant or owner receives notice of an insufficiency
or within 45 days after the expiration of the permit, whichever occurs
first, the permit is void. An owner whose permit is voided under this
subsection may appeal the decision.
Whenever, as a result of an inspection conducted pursuant to
this article, the Health Officer has reasonable cause to believe that
any examined food constitutes, or that any construction, sanitary
condition, operation or method of operation of the premises or equipment
used on the premises creates an immediate danger to the health of
the public, the Health Officer may proceed as stated in Wis. Stats.
§ 66.0417 or 97.65 to issue a temporary order to prohibit
the sale or movement of food for any purpose, prohibit the continued
operation or method of operation of equipment, or require the premises
to cease any other operation or method of operation which creates
an immediate danger to public health. Wisconsin Statutes § 66.0417
is incorporated herein by reference and made a part of this article
as if fully set forth herein.
A.
Except as provided in Subsection B, no person shall erect, construct, enlarge or alter a food establishment without first submitting to the Health Officer plans (drawings) which clearly show and describe the amount and character of the work proposed and without first receiving Department approval of the submitted plans. Such plans shall include expected menu, floor plan, equipment plan and specifications, plumbing layout, wall, floor and ceiling finishes, and plans and specifications for food service kitchen ventilation. Submitted plans shall give all information necessary to show compliance with applicable health codes. Submitted plans shall be retained by the Department. Plan submittal to the Health Officer is in addition to any plan submittal requirement of the City of Watertown Building Inspector.
B.
At the option of the Health Officer, plans need not be submitted
to execute minor alterations. Minor alterations include, but are not
limited to, the replacement of existing equipment, the replacement
of existing floor, wall, or ceiling coverings or other cosmetic or
decorating activity.
C.
Any plans approved by the Department shall not be changed or modified
unless the Health Officer has reviewed and approved the modifications
or changes. Final approved plans will be kept in perpetuity as part
of the legal file for the establishment.
D.
A pre-inspection fee shall be charged for any remodeling projects that exceed the definition of "minor alterations" set forth in Subsection B, examples of which shall include, but shall not be limited to, circumstances in which the entire facility is closed for remodeling, circumstances in which a section of the facility is closed for significant remodeling, and circumstances in which new additions are added to the facility even though the original facility remains open for business.
No applicant may obtain a "Class B" license or permit or a "Class
C" license or permit under Wis. Stats. § 125.68(5), unless
the premises complies with the rules promulgated by the Department
of Agriculture, Trade and Consumer Protection governing sanitation
in restaurants.
A.
Requirement. No person, party, firm or corporation shall operate
a retail food establishment - serving meals, transient or mobile retail
food establishment - serving meals, as defined in Wis. Admin. Code
Ch. ATCP 75, without first obtaining a license therefor from the Department,
nor shall any person, party, firm or corporation operate contrary
to the terms and conditions of this article or Wis. Admin. Code Ch.
ATCP 75, which is incorporated herein by reference and made part of
this article as if fully set forth herein.
A.
Requirement. No person, party, firm or corporation shall operate a bed-and-breakfast establishment as defined in Wis. Admin. Code Ch. ATCP 73 for more than 10 nights in a year without first obtaining an annual license from the Department, nor shall any person, party, firm or corporation operate contrary to the terms and conditions of this article or Wis. Admin. Code Ch. ATCP 73 and Wis. Stats. Ch. 97 provisions which is are incorporated herein by reference and made a part of this article as if fully set forth herein.
A.
Requirement. No person, party, firm or corporation shall operate a hotel, motel or tourist rooming house, as defined in Wis. Admin. Code Ch. ATCP 72 without first obtaining an annual license therefor from the Department, nor shall any person, party, firm or corporation operate contrary to the terms and conditions of this article or Wis. Admin. Code Ch. ATCP 72 and Wis. Stats. Ch. 97 provisions which are incorporated herein by reference and made a part of this article as if fully set forth herein.
A.
Requirement. No person, party, firm or corporation shall operate a campground, recreational camp or educational camp, as defined in Wis. Admin. Code Ch. ATCP 78 or ATCP 79 without first obtaining an annual license therefor from the Department, nor shall any person, party, firm or corporation operate contrary to the terms and conditions of this article or Wis. Admin. Code Ch. ATCP 78 or ATCP 79 and Wis. Stats. Ch. 97, Wis. Stats. provisions which are incorporated herein by reference and made a part of this article as fully set forth herein.
A.
Requirement. No person, party, firm or corporation shall operate a public swimming pool, as defined in Wis. Admin. Code Ch. ATCP 76 or SPS 390, without first obtaining an annual license therefor from the Department, nor shall any person, party, firm or corporation operate contrary to the terms and conditions of this article or Wis. Admin. Code Ch. ATCP 76 or SPS 390 and Wis. Stats. Ch. 97 provisions which are incorporated herein by reference and made a part of this article as fully set forth herein.
A.
Requirement. All schools participating in the National School Lunch
Program (NSLP) or School Breakfast Program (SBP) shall, at least twice
during each school year, obtain a food safety inspection conducted
by a state or local governmental agency responsible for food safety
inspection.
A.
Requirement. No person, party, firm or corporation shall operate a retail food establishment not serving meals or transient or mobile retail food establishment - serving meals, as defined in Wis. Admin. Code Ch. ATCP 75 and Wis. Stats. § 97.30, without first obtaining an annual license therefor from the Department, nor shall any person, party, firm or corporation operate contrary to the terms and conditions of this article or Wis. Admin. Code Ch. ATCP 75, and Wis. Stats. Ch. 97 provisions, which are incorporated herein by reference and made a part of this article as if fully set forth herein.
A.
Adoption of code. The Tattooing and Body Piercing Code as promulgated
by the Wisconsin Safety and Professional Services and codified in
the Wis. Admin. Code Ch. SPS 221, is adopted by reference and made
a part of this article as far as it is applicable. A violation of
Wis. Admin. Code Ch. SPS 221, shall be a violation of this article.
B.
Local license required. No person, firm or entity shall engage in
or work at tattooing or body piercing, as defined as Wis. Admin. Code
Ch. SPS 221, without being licensed as required in this article or
Wis. Admin. Code Ch. SPS 221.
