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Chapter 3.13, Page 47 3.13 DOUGLAS COUNTY FOOD, SAFETY, HEALTH, LODGING AND RECREATIONAL LICENSING AND PERMITTING ORDINANCE THE COUNTY BOARD OF SUPERVISORS OF THE COUNTY OF DOUGLAS DOES ORDAIN AS FOLLOWS: SECTION I. AUTHORITY Pursuant to that authority provided by Wis. Stats. §66.0417 and Chs.68, 93, 97, 101, 125, 251, 252 and 463; and by Wis. Admin. Code Chs. ATCP 72, 73, 74, 75, 76, 78,79, and SPS 221,326, 390, and as further updated or modified by law, the Douglas County Board of Supervisors does hereby adopt this ordinance. SECTION II. PURPOSE AND INTENT The purpose of this ordinance is to protect and improve the public health and to authorize the Douglas County Department of Health and Human Services/Division of Health Services to become the designated agent of the State of Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) for the purpose of establishing license and permit fees; issuing licenses and permits; enacting local regulations and making investigations or inspections of hotels, motels, tourist rooming houses, bed and breakfast establishments, establishments possessing Class B and Class C alcoholic beverage licenses, retail food establishments, public pools and water attractions, recreational and educational camps, and campgrounds; and authorizing the to become the designated agent of the State of Wisconsin Department of Safety and Professional Services (DSPS) for the purpose of establishing license and permit fees; issuing licenses and permits; and enacting local regulations and making investigations or inspections of tattooing and body piercing establishments and manufactured home communities. SECTION III. APPLICABILITY The provisions of this article shall apply to the owner and operator of any hotel, motel, tourist rooming house, bed and breakfast establishment, establishment possessing Class B and Class C alcoholic beverage license, retail food establishment, public pool and water attraction, recreational and educational camp, campground, tattooing and body piercing establishment and manufactured home communities in all areas of jurisdiction of the ---PAGE BREAK--- Chapter 3.13, Page 48 SECTION IV. DEFINITIONS All definitions as set forth in Wis. Stats. §66.0417 and Chs.68, 93, 97, 101, 125, 251, 252 and 463; and by Wis. Admin. Code Chs. ATCP 72, 73, 74, 75, 76, 78,79, and SPS 221,326, 390 are incorporated in this article by reference and they shall be construed, read and interpreted as fully set forth herein until amended and then shall apply as amended. SECTION V. ENFORCEMENT The provisions of this ordinance shall be administered by or under the direction of the Douglas County Health Officer under the jurisdiction of the who in person or by duly authorized representatives shall have the right to enter, at reasonable hours, upon premises affected by this regulation to inspect the premises, secure samples or specimens, examine and copy relevant documents and records or obtain photographic or other evidence needed to enforce this article and issue citations or file a summons and complaint with corporation counsel. SECTION VI. LICENSE AND PERMIT A. No person shall operate a hotel, motel, tourist rooming house, bed and breakfast establishment, retail food establishment, public pool and water attraction, recreational and educational camp, campground, tattooing and body piercing establishment and manufactured home communities without first obtaining a license or permit from Except as in subsection licenses and permits shall expire on June 30th of each year following their issuance. Licenses and permits initially issued during the period beginning on April 1st and ending June 30th shall expire June 30th of the following year. The issuance of a license or permit may be conditioned upon the correction of a violation of this article within a specified period of time. If the condition is not met within the specified period of time, the license or permit shall be voided. The license or permit shall not be transferable to a location other than the one for which it was issued, nor shall a permit be transferred from one operator to another subject to the express exceptions of: As to location, temporary permits may be transferred. As to operator, a license or permit may be transferred to an individual who is an immediate family member of the operator if the operator is transferring operation of the establishment to that ---PAGE BREAK--- Chapter 3.13, Page 49 immediate family member. A grandparent, parent, spouse, child, step-child, grandchild, sibling or step-sibling shall be considered an immediate family member for purposes of this article. As to operator, a license or permit may be transferred when a business reorganizes if the establishment remains at the location for which the license or permit was issued and at least one individual who had an ownership interest in the prior business entity has an ownership interest in the newly formed business entity. B. With the exception of those establishments defined herein as "temporary”, no license or permit shall be granted to any person under this article without a pre-inspection by the of the premises for which the permit shall be granted. C. No license or permit shall be issued until all application fees have been paid. SECTION VII. APPLICATION FOR LICENSE OR PERMIT Application for licenses and permits shall be made in writing to the on forms developed and provided by the same, stating the name and address of the proposed applicant and operator, and the address and location of the proposed establishment, together with any such other information as may be required. shall either approve the application or deny the license or permit within 30 days after receipt of a complete application and payment. SECTION VIII. FEES Fees for the issuance of licenses and permits, the making of investigations, inspections, training and technical assistance to establishments and costs required to be paid to the State of Wisconsin for each license or permit issued shall be as provided through the fee schedule approved by the Douglas County Health and Human Services Board and on file in the office of the county clerk. SECTION IX. LICENSE AND PERMIT PUBLIC DISPLAY Every establishment required to obtain a license or permit pursuant to this article shall display said license or permit, at all times, in a conspicuous public place. SECTION X. TEMPORARY ORDERS Whenever, as a result of an examination, the health officer or designee has reasonable cause to believe that an immediate danger to health exists on a premises covered by this ---PAGE BREAK--- Chapter 3.13, Page 50 article, the health officer or designee, may issue a temporary order in accordance with Wis. Stats. § 66.0417(2). SECTION XI. DENIAL, SUSPENSION OR REVOCATION OF LICENSE The Douglas County Health Officer, or designee, may deny any license application or suspend or revoke any license issued under this chapter for non- compliance with this code and regulations, rules and laws adopted by reference herein. The following procedure shall be followed in the denial, suspension or revocation of any license issued under this chapter: A. A decision by the health officer or designee, to deny, suspend or revoke a license or permit shall be in writing and shall state, with specificity, the reasons for the health officer's or designee's decision and shall state any applicable statutes. The health officer or designee shall send to the licensee, permittee or applicant 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. Any licensee, permittee or applicant aggrieved by a decision of the health officer or designee, to deny, suspend or revoke a license or permit may have the decision reviewed and reconsidered by a written request mailed or delivered to the health officer within 30 working days of receipt of the notice of the health officer's or designee's decision. The written 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 15 working days of receipt of the request for review and reconsideration, the health officer shall review its 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, permittee or applicant of the right to an administrative appeal, the time within which appeal shall be taken and the office or person with whom the appeal shall be filed. D. A licensee, permittee or applicant who wishes to appeal a decision made by the health officer on review must file a notice of appeal within 30 days of notice of the health officer's decision on review. The administrative appeal shall be filed or mailed to the health officer. The health officer shall immediately file said notice of appeal with the Douglas County Health and Human Services Board. E. A licensee, permittee or applicant shall be provided a hearing on appeal within 15 days of receipt of the request for an administrative appeal. The health officer shall serve the licensee or applicant with notice of hearing by mail or personal service at least 10 days before the hearing. ---PAGE BREAK--- Chapter 3.13, Page 51 F. The hearing shall be conducted before the Douglas County Health and Human Services Board and shall be conducted in accordance with the procedures outlined in Wis. Stats. 68.11(2) and G. Within 20 days of the hearing, the Douglas County Health and Human Services Board shall mail or deliver to the appellant its written determination stating the reasons therefore. H. A decision by the health officer upon a request for review and reconsideration, which is not appealed to the Douglas County Health and Human Services Board, or a decision by the Douglas County Health and Human Services Board on appeal of a decision by the health officer of a request for review and reconsideration shall be a final determination under Wis. Stats. § 68.12(2). I. Any party to a proceeding resulting in a final determination may seek review thereof by certiorari within 30 days of receipt of the final determination per Wis. Stats. § 68.13. J. Resumption of Operations. If operations are discontinued as specified under this chapter, or otherwise according to law, the permit holder shall obtain approval from the before resuming operations. SECTION XII. REGULATIONS, RULES AND LAWS ADOPTED BY REFERENCE The applicable laws, rules and regulations as set forth in Wis. Stats. §66.0417 and Chs.68, 93, 97, 101, 125, 251, 252 and 463; and by Wis. Admin. Code Chs. ATCP 72, 73, 74, 75, 76, 78,79, and SPS 221,326, 390 are incorporated in are incorporated in this regulation by reference and they shall be construed, read and interpreted as fully set forth herein until amended and then shall apply as amended. The expressed provisions of this article shall control where more restrictive. SECTION XIII. VIOLATION; PENALTIES A. All violations of this article shall be subject to a forfeiture of not less than $50.00 and not more than $1000.00 per offense, together with applicable surcharges and penalty assessment and the taxable costs of prosecution, and the court may also grant injunctive relief. Failure to comply with an order of correction issued under this article shall constitute a violation of this article and each day of continued violation shall constitute a separate offense. Failure to pay any penalties imposed by the court in accordance with this article may result in imprisonment in the county jail. B. In the alternative, the may pursue enforcement of such section of these regulations as are prosecutable through long form summons and complaint with corporation counsel. ---PAGE BREAK--- Chapter 3.13, Page 52 SECTION XIV. EFFECTIVE DATE This ordinance shall take effect upon passage and publication. Dated this 20th day of December, 2012. Amendments: April 12, 2024