A. Purpose and General Provisions. The purpose of this Section is to preserve and promote the public health of the residents. The Health Department is granted agent status under Sections 97.41 and 463.16 , Wis. Stats., and accordingly provides all licenses and inspections for retail food establishments, restaurants, public swimming pools, and water attractions, tattoo and body piercing establishments, recreational and educational camps, campgrounds, hotels, motels, tourist rooming houses, bed and breakfast establishments and food vending operations in accordance with the applicable Wisconsin Statutes and/or Administrative Code Chapter.
B. Authority. This Section is adopted pursuant to the authority granted by Chapters 251, 252, 254, and Sections 97.41 and 463.16 of the Wisconsin Statutes, as amended from time-to-time, which regulations are hereby adopted, and incorporated by reference as though fully set forth herein. The Health Officer, or his or her designee, shall have the power to enforce the regulations of this Section.
C. Adoption of State Code; Applications, Permits, and Licenses Required. Except as otherwise provided in this Section and pursuant to the authority granted by Wisconsin Statutes Chapters 251, 252, 254 and Sections 66.0417 and 97.41, the Village adopts Wisconsin Administrative Code Chapters ATCP 75, SPS 390, SPS 221, ATCP 76, ATCP 78, ATCP 79, DHS 192, ATCP 72, ATCP 73, as amended from time-to-time, which are incorporated by reference as though fully set forth herein. All applications, permits and licenses required by such regulations are required by the Municipality and shall be processed in accordance with the applicable Statute or Code Section.
D. Definitions. The following definitions shall apply in the interpretation and enforcement of this Section, unless a different meaning is plainly intended:
1. Body Piercer. Means a person who performs body piercing on another person at that person's request.
2. Food Establishment. An operation that stores, prepares, serves, vends, sells or otherwise provides food for human consumption. The term "Food Establishment" includes a "restaurant" as defined in Section 97.01, Wis. Stats.; a "retail food establishment" as defined in Section 97.30, Wis. Stats.
3. Tattooist. Means a person who tattoos another person at that person's request.
E. Mobile Food Establishments. A valid Food Establishment permit issued by the State of Wisconsin or any other competent Health Department for any mobile restaurant or mobile retail Food Establishment which chooses to operate within the jurisdiction of the Central Racine County Health Department will be honored by the Central Racine County Health Department. The mobile Food Establishment may be required to be inspected by the health department and to satisfy the relevant provisions of Wisconsin Administrative Code Chapter ATCP 75. In addition, the mobile food establishment shall pay an inspection fee for this inspection.
F. Body Piercers and Tattooists. All body piercers and tattooists shall annually complete a bloodborne pathogen training course that is approved by the Health Department. Any tattoo or body piercing establishment allowing a tattooist or body piercer to practice in the establishment without proof of bloodborne pathogen training with be assessed a fee. This fee shall be established by Board of Health as part of the annual budget process.
G. Application; Permit. Any license or permit required under this Section shall make application on a form provided by the Health Department. The Health Department shall determine the contents of the application and may use a form provided by the State. Applications for permits shall be submitted to the Health Department along with the appropriate fee. Applications will be reviewed for compliance with this Section. Permits and licenses issued hereunder shall be conspicuously displayed on the premises of the establishment.
H. Inspection by Department. Authorized employees of the Department, upon presenting proper identification, shall have the authority to perform inspections prior to issuance of any permit or license and from time-to-time of any establishment for compliance with this Code, including the state laws incorporated in this Code by reference.
I. Fees. All fees associated with the operation of any establishment governed by this Section shall be established as part of the annual budget process or by resolution of the Board of Health.
J. Penalties. Any Person who violates any provision of this Section shall upon conviction be subjected to a forfeiture of not less than $300.00 or more than $1,000.00 for each violation, and in addition, shall pay the costs and expenses of prosecution. Each day such violation continues shall be considered a separate offense.
K. Appeal. Any person aggrieved by any temporary order issued by the Health Officer pursuant to Sec. 66.0417(2)(a), Wis. Stats., shall be granted a hearing before the Board of Health in accordance with the provisions of such Section. Appeal from any order, notice or determination made by the Health Officer other than one controlled by Sec. 66.0417 shall be to the Board of Health pursuant to the applicable ordinance or Chapter 68 of the Wisconsin Statutes in the absence of an administrative review ordinance. The Board of Health may affirm, set aside, or modify the subject order by majority vote. The Board of Health's decision shall be final but may be appealed to the Racine County Circuit Court.
(Ord. 2020-7, passed 10-12-2020)