This article shall be administered by the City of Watertown
Department of Public Health.
As used in this article, the following terms shall have the
meanings indicated:
DEPARTMENT
The City of Watertown Department of Public Health.
LICENSE
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."
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.
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.
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.
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.