HomeMy WebLinkAboutOrdinance 2017 (852) Ordinance No. 852 (2017)
S0��, UNTY ORDINANCE REPEALING CHAPTER 40 -LODGING,
RECREATION FACILITIES AND FOOD PROTECTION - OF
- ,
THE ST. CROIX COUNTY CODE OF ORDINANCES AND
RECREATING CHAPTER 40 -FOOD, LODGING,AND
RECREATION - OF THE ST. CROIX COUNTY CODE OF
ORDINANCES
1 WHEREAS, the St. Croix County Board of Supervisors enacted Chapter 40 - Lodging,
2 Recreation Facilities and Food Protection Ordinance No. 612 (2002)in March, 2002; and
3
4 WHEREAS, Chapter 40 of the St. Croix County Code of Ordinances was last updated in August
5 of 201 l; and
6
7 WHEREAS, Chapter 40 of the St. Croix County Code of Ordinances should be repealed and
8 recreated to reflect current statutes and administrative codes.
9
10 THEREFORE, the County Board of Supervisors of the County of St. Croix does ordain as
11 follows:
12
13 Chapter 40 - Lodging, Recreation Facilities and Food Protection - of the St. Croix County Code
14 of Ordinances is hereby repealed and recreated as Chapter 40 - Food, Lodging, and Recreation -
15 of the St. Croix County Code of Ordinances as attached hereto.
Legal—Fiscal—Administrative Approvals:
Legal Note:
Fiscal Impact: There is no direct impact resulting from this action
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04/11/17 Enacted
04/11/17 Health & Human Services Board RECOMMENDED
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RESULT: RECOMMENDED [UNANIMOUS] Next: 5/2/2017 5:00 PM
MOVER: Tom Coulter, Supervisor
SECONDER: Bob Long, Supervisor
AYES: Logelin, Babbitt, Coulter, Long, Kiesler, Anderson, Leibfried, Rasmussen
ABSENT: Lisa Ramsay
Vote Confirmation.
St. Croix County Board of Supervisors Action:
Roll Call -Vote Requirement— Majority of Supervisors Present
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RESULT: ENACTED [UNANIMOUS]
MOVER: Christopher Babbitt, Supervisor
SECONDER: Tom Coulter, Supervisor
AYES: Sicard, Ring, Babbitt, Coulter, Sjoberg, Long, Nelson, Berke, Ostness, Larson,
Hansen, Kiesler, Brinkman, Peterson, Anderson, Achterhof, Leibfried, Peavey
ABSENT: Laurie Bergren
This Ordinance was ENACTED by the St. Croix County Board of Supervisors on May 2, 2017
Cindy Campbell, County Clerk
CHAPTER 40
FOOD, LODGING, AND RECREATION
40.01 AUTHORIZATIONS.
(A) Vending Operations. Pursuant to Wisconsin Statute § 97.615(l) in the
administration and enforcement of Wisconsin Statutes Ch. 97, Subchapter III, the
Wisconsin Department of Agriculture, Trade and Consumer Protection (ATOP)
may use local health departments as its agents in making pre-inspections,
inspections and investigations of vending machine commissaries,vending machine
operators, and vending machines if the jurisdictional area of the local health
department has a population greater than 5,000.
(B) Hotels, Tourist Rooming Houses, and Other Establishments.Pursuant to Wisconsin
Statutes § 97.615(2), in the administration of and enforcement of Wisconsin
Statutes Ch. 97, Subchapter IH, or § 97.67 (relating to campgrounds, recreational
and educational camps and public swimming pools),ATCP may enter into a written
agreement with a local health department with a jurisdictional area that has a
population greater than 5,000, which designates the local health department as
ATCP's agent in issuing permits to and making investigations, pre-inspections or
inspections of hotels, restaurants, tourist rooming houses, bed and breakfast
establishments, campgrounds, recreational and educational camps and public
swimming pools.
(C) Retail Food. Pursuant to Wisconsin Statute § 97.41 in the administration of and
enforcement of Wisconsin Statute Ch. 97, Subchapter H, ATCP may enter into a
written agreement with a local health department, if the jurisdictional area of the
local health department has a population greater than 5,000, which designates the
local health department as the agent of ATCP for issuing licenses to and making
investigations,pre-inspections or inspections of retail food establishments
(D) Agent Status. A local health department granted agent status under subsections (B)
and (C) shall establish and collect the permit or license fee for each type of
establishment identified in subsections (B) and (C). The local health department
may establish separate fees for pre-inspections of new establishments, for pre-
inspections of existing establishments for which a person intends to be the new
operator or for the issuance of duplicate permits or licenses. No fee may exceed
the local health department's reasonable costs of issuing permits or licenses to,
making investigations and inspections of, and providing education, training and
technical assistance to the establishments, plus the state fee established by ATCP
for its costs related to setting standards under Wisconsin Statutes Ch. 97 and
monitoring and evaluating the activities of, and providing education and training
to, agent local health departments. Local health departments acting as an agent
shall include the state fees in their permit and license fee, collect the state fees, and
reimburse ATCP for the state fees collected. For each type of establishment, the
state fee may not exceed 20%of the permit or license fees charged under Wisconsin
Statute §§ 97.41(5) and 97.615(2)(e). A local health department granted agent
status under Wisconsin Statute Ch. 97 may issue a single permit or license and
establish and collect a single fee which authorizes the operation on the same
premises of more than one type of establishment for which it is granted agent status
under Wisconsin Statute §§ 97.41 and 97.615.
A local health department has no authority to act as an agent of the State under this
ordinance unless a valid written agreement exists between it and ATOP.
(E) Public Health. The St. Croix County Department of Health and Human Services —
Public Health is eligible under state law and authorized by this Chapter to act as an
agent of ATCP in St. Croix County, as long as it is designated an agent by written
agreement with ATOP, for purposes of:
(1) Making inspections and investigations of vending machine commissaries,
vending machine operators, and vending machines.
(2) Issuing permits to and making investigations or inspections of hotels,tourist
rooming houses, bed and breakfast establishments, campgrounds,
recreational and educational camps, and public swimming pools.
(3) Issuing licenses to and making investigations or inspections of retail
food establishments (including restaurants).
(4) Adopting and imposing regulations related to vending operations, hotels,
tourist rooming houses, and other establishment operations, and retail food
establishments. All regulations adopted and imposed can only be stricter
than, and not in conflict with, the regulations set forth in Wisconsin Statute
Chapter 97 and Wisconsin Administrative Code Chapters ATCP 72-79.
40.02 DEFINITIONS.
The definitions set forth in Wisconsin Statute Chapter 97 and Wisconsin Administrative
Code Chapters ATCP 72-79 are adopted by reference into this ordinance.
40.03 REGULATIONS AND ENFORCEMENT.
(A) The regulation and enforcement provisions applicable to the activities or
establishments identified in Section 40.01 of this Chapter are contained in the laws,
rules, and regulations set forth in the following chapters of the Wisconsin Statutes
and Wisconsin Administrative Code and they, and any modifications, are hereby
adopted by reference:
• ATCP 72—Hotels, Motels, and Tourist Rooming Houses
• ATCP 73 —Bed and Breakfast Establishments
• ATCP 74 —Local Agents and Regulations
• ATCP 75 —Retail Food Establishments
• ATCP 76— Safety, Maintenance, and Operation of Public Pools and Water
Attractions
• ATCP 78 —Recreational and Education Camps
• ATCP 79 — Campgrounds
• Wisconsin Statute Ch. 97
• Wisconsin Statute Ch. 251
(B) The agent shall take necessary and reasonable action to enforce Wisconsin Statute
Ch. 97, Subchapters II and III and related administrative code rules for the types of
facilities for which the agent has been delegated agent status. Enforcement actions
may include revocation, suspension, fines, orders to close, temporary or final hold
orders on equipment, food, processes, or facilities and conditional permits. The
agent shall notify ATCP in writing within ten (10) days after taking any
enforcement action involving permit suspension or revocation or court action.
(C) Pursuant to Wisconsin Statute § 66.0417, Local Enforcement of Certain Food and
Health Regulations, if an agent 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 health, the agent may issue a temporary order and cause it to
be delivered to the licensee, or to the owner or custodian of the food, or to both.
No temporary order is effective for longer than 14 days from the time of its delivery,
but a temporary order may be reissued for one additional 14-day period, if
necessary to complete the analysis or examination of samples, specimens, or other
evidence. If the analysis or examination shows that the food, construction, sanitary
condition, operation or method of operation of the premises or equipment
constitutes an immediate danger to health, the licensee, owner, or custodian shall
be notified. Upon receipt of the notice, the temporary order remains in effect until
a final decision is issued and no food described in the temporary order may be sold
or moved and no operation may be resumed without the approval of the county. A
notice issued as set forth above shall be accompanied by a hearing set forth in
Wisconsin Statutes §§ 66.0417(3) and 68.11(1).
40.04 FEES.
Annual permit and license fees,pre-inspection fees, and other fees authorized by law shall
be established by the St. Croix County Health and Human Services Board. The fees shall
cover the reasonable costs of the services. A written schedule of fees shall be created
identifying the types of facilities regulated and the annual permit fee, pre-inspection fee,
and any other fee for each type of facility.
40.05 PENALTIES.
In addition to orders to correct violations, the Public Health Department may institute any
action or proceeding against violators of this chapter as provided by law, including issuing
citations pursuant to Chapter 1 of the St. Croix County Code of Ordinances or commencing
a lawsuit.
40.06 SEVERABILITY.
If any provision of this ordinance is held to be invalid or unconstitutional, or if the
application of this ordinance to any person or circumstances is held to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect the provision or
application of this ordinance which can be given effect without the invalid or
unconstitutional provision or application.
40.07 AMENDMENTS.
Any future amendments, revisions, or modifications of Wisconsin Statute Chapter 97 or
Wisconsin Administrative Code Chapters ATCP 72-79, or any other statutes or
administrative code sections referred to in this ordinance are intended to be made part of
this ordinance as such amendments, revisions, or modifications are made to said statutes
or administrative codes.
40.08 EFFECTIVE DATE.
This ordinance shall be effective the day after its publication.
Ordinance No. 612 (2002)—March, 2002
Resolution No. 16(2003)—May, 2003
Ordinance No. 783 (2009)—March, 2009
Ordinance No. 800 (2011)—August, 2011
Repealed and Recreated: Ordinance No. (2017) -