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File #: 171680    Version: 0
Type: Ordinance Status: Passed
File created: 2/6/2018 In control: COMMON COUNCIL
On agenda: Final action: 3/27/2018
Effective date: 4/14/2018    
Title: An ordinance relating to inspection placards for grading of food establishments.
Sponsors: ALD. MURPHY, ALD. LEWIS, ALD. COGGS
Indexes: FOOD DEALERS, LICENSES
Attachments: 1. Sanitation Grading System, 2. Notice Published on 4-13-18

Number

171680

Version

ORIGINAL

Reference

 

Sponsor

ALD. MURPHY, LEWIS AND COGGS

Title

An ordinance relating to inspection placards for grading of food establishments.

Section

68-9-8-a                      am

68-9-8-b                      am

68-9-8-c                      rc

68-9-8-d                      rc

68-9-8-e                      cr

Analysis

This ordinance authorizes the commissioner of the health department to design a placard displaying the food grade resulting from an inspection of a food establishment. The placard shall:

1.                     Show the name and address of the food establishment, the date of inspection, the name of the licensee, and the results of the inspection.

2.                     Be issued to the food establishment upon completion of an inspection.

3.                     Be posted in a conspicuous place visible to the public.

 

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1. Section 68-9-8-a and b of the code is amended to read:

 

68-9. Inspection and Investigation.

8. INSPECTION PLACARDS.

a. Issuance. Upon completion of an inspection or investigation, the department shall [[post]] >>issue<< an inspection placard [[at every]] >>to the<< food establishment [[and on every food peddler vehicle, card or container]].

 

b. Design. [[The placard]] >>The commissioner shall design the placard, which<< shall show the name and address of the food [[operation or]] establishment [[for which it is issued]], the date of the [[last]] inspection [[and]] >>or investigation,<< the name of the licensee >>, and the results of the inspection or investigation<<.

 

Part 2. Section 68-9-8-c and d of the code is repealed and recreated to read:

 

c. Posting. Each food establishment shall post only the most recent inspection placard. Inspection placards shall be posted in a conspicuous place on the food establishment premises that is readily and easily visible to the public. To qualify as a conspicuous place, each placard shall be:

c-1. Not lower than 4 feet nor higher than 6 feet from the ground or floor.

c-2. Within 5 feet of the front door or direct entrance.

c-3. Unobscured and on the establishment’s front window, door, or exterior wall.

c-4. In a location approved by the health inspector to ensure proper notice to the general public and to patrons of the food establishment.

 

d. Placard to Remain Intact. Inspection placards shall not be defaced, marred, camouflaged, hidden, or removed. It shall be unlawful to operate a food establishment unless an inspection placard is posted in accordance with this section.

d-1. The operator shall report any stolen placard to the police department and provide documentation of the report to the health department for a replacement placard.

d-2. An operator that violates any of the provisions in this section may be required to appear before the licensing committee.

 

Part 3. Sections 68-9-8-e of the code is created to read:

 

e. Penalties.

e-1. The department shall order immediate closure of a food establishment that has failed to meet the criteria established by the department. The license issued to the food establishment shall be suspended, and a placard serving as notice of closure shall be posted until the license is reinstated.

e-2. Any food establishment that violates any of the provisions in this section shall forfeit $300 per day.

 

LRB

APPROVED AS TO FORM

 

 

____________________________

Legislative Reference Bureau

Date:  ______________________

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

____________________________

Office of the City Attorney

Date:  ______________________

 

Requestor

 

Drafter

LRB 170520-1

Tea Norfolk

12/21/2017