ORDINANCE NO

ORDINANCE NO. 2451

BY: _______________________________

AN ORDINANCE TO REPEAL AND RECREATE SECTION 3.40 (c) (15)

OF THE MUNICIPAL CODE RELATING TO HEALTH DEPARTMENT FEES

The Common Council of the City of Oak Creek, Wisconsin do hereby ordain as follows:

Section 1: Section 3.40 (c) (15) of the Oak Creek Municipal Code is hereby repealed and recreated to read as follows:

SECTION 3.40 (c) (15) HEALTH DEPARTMENT

a. Health Department Fees. Health Department Fees and Charges shall be established by the Community Public Health Officer according to guidelines adopted by the Board of Health and subject to review by the Board of Health. A list of the fees and charges will be on file in the Health Department office. The Community Public Health Officer shall provide a copy of any change to the fees to the City Clerk 15 days prior to the effective date of such change. The clerk shall provide a copy to the Common Council as soon as practicable. The fees shall go into effect at the end of the 15 days period unless an Alderman or the Mayor objects in writing in which case the fee change shall be brought before the entire Common Council for consideration and approval.

b. Fee Schedule for Restaurants, Lodging, Campgrounds, Recreational, Tattoo/Body Piercing Establishments, and Retail Food Establishments.

1. Restaurant/Meal Food Service

a.) Limited Food Service Restaurant: A restaurant that serves only individually wrapped, hermetically sealed, single servings supplied by a licensed processor.

1) Annual License Fee: $ 90.00

2) Pre-inspection Fee: $150.00

3) Re-inspection Fee: $ 45.00

4) Late Fee: $ 90.00

b.) Simple Complexity Restaurant: A restaurant in which all of the following criteria are met:

1) Food is cooked to order.

2) Food may be kept in a hot or warm condition, but only for one meal period. Such food may not be cooled and re-served at a later time.

3) Limited preparation of food. Pre-packaged products may be mixed together and minor preparation, such as slicing onions or pickles as condiments, is acceptable.

4) Potential for cross-contamination must be minimal. No raw chicken or other meats may be used. Pre-breaded fish or preformed burger patties (fresh or frozen) may be used.

(a) Annual License Fee: $178.00

(b) Pre-inspection Fee: $180.00

(d) Late Fee: $ 90.00

c.) Moderate Complexity Restaurant: A restaurant in which any of the following criteria are met:

1) Any Potentially Hazardous Food, as that term is defined in Wis. Admin. Code Ch. 196, is cooled and/or reheated.

2) Any food products made from scratch.

3) The facility seats 50 or more patrons.

4) The facility has a drive-up window or walk-up service window or provides delivery of food.

5) Any raw poultry, seafood, or bulk beef is served. This does not apply to use of preformed patties.

6) The facility provides catering services.

7) The facility provides banquet services.

(a) Annual License Fee: $252.00

(b) Pre-inspection Fee: $300.00

(d) Late Fee: $ 90.00

d.) High Complexity Restaurant: A moderate complexity restaurant in which five or more of the moderate complexity criteria set forth above are present.

1) Annual License Fee: $348.00

2) Pre-inspection Fee: $420.00

3) Re-inspection Fee: $174.00

4) Late Fee: $ 90.00

e.) Temporary Restaurant: A restaurant that operates at a fixed location for a period of no more than 14 consecutive days in conjunction with a single event or celebration such as a fair, carnival, circus, public exhibition, anniversary sale or occasional sales promotion. Occasional means fewer than 4 days during any 12-month period. Licenses are issued at the site of the event. A temporary restaurant may be moved from location to location within the City, but may not operate from the new location until it has been inspected and found to be in compliance. A temporary restaurant license may not be used to operate more than one restaurant at a time exceeding
14 consecutive days.

1) License Fee: $120.00 for season

f.) Temporary Retail Food (Popcorn/Cotton Candy).

1) Inspection Fee: $ 25.00

2. Bed and Breakfast Establishments.

a.) Annual License Fee: $ 78.00

b.) Pre-inspection Fee: $150.00

c.) Re-inspection Fee: $ 39.00

d.) Late Fee: $ 90.00

3. Hotels, Motels, Tourist Rooming Houses.

a.) 05-30 Sleeping Rooms

1) Annual License Fee: $149.00

2) Pre-inspection Fee: $150.00

3) Re-inspection Fee: $ 75.00

b.) 31-99 Sleeping Rooms

1) Annual License Fee: $228.00

2) Pre-inspection Fee: $240.00

3) Re-inspection Fee: $114.00

c.) 100-199 Sleeping Rooms

1) Annual License Fee: $300.00

2) Pre-inspection Fee: $330.00

3) Re-inspection Fee: $150.00

e.) 200 or more Sleeping Rooms

1) Annual License Fee: $360.00

2) Pre-inspection Fee: $420.00

3) Re-inspection Fee: $180.00

f.) Tourist Rooming House (1-4 rooms)

1) Annual License Fee: $102.00

2) Pre-inspection Fee: $150.00

3) Re-inspection Fee: $ 51.00

g.) Late Fee: $ 90.00

4. Campgrounds, Recreational and Educational Camps.

a.) Campgrounds (1-25 sites)

1) Annual License Fee: $127.00

2) Pre-inspection Fee: $100.00

3) Re-inspection Fee: $ 64.00

b.) Campground (26-50 sites)

1) Annual License Fee: $176.00

2) Pre-inspection Fee: $100.00

3) Re-inspection Fee: $ 88.00

c.) Campground (51-100 sites)

1) Annual License Fee: $210.00

2) Pre-inspection Fee: $100.00

3) Re-inspection Fee: $105.00

d.) Campground (101-199 sites)

1) Annual License Fee: $234.00

2) Pre-inspection Fee: $100.00

3) Re-inspection Fee: $117.00

e.) Campground (200+ sites)

1) Annual License Fee: $270.00

2) Pre-inspection Fee: $100.00

3) Re-inspection Fee: $135.00

f.) Recreational/Educational Camps

1) Annual License Fee: $240.00

2) Pre-licensing Fee: $240.00

g.) Late Fee: $ 90.00

5. Special Event Campgrounds.

a.) 1-25 sites

1) Annual License Fee: $127.00

2) Pre-inspection Fee: $100.00

b.) 26-50 sites

1) Annual License Fee: $176.00

2) Pre-inspection Fee: $100.00

c.) 51-100 sites

1) Annual License Fee: $210.00

2) Pre-inspection Fee: $100.00

d.) 100-199 sites

1) Annual License Fee: $234.00

2) Pre-inspection Fee: $100.00

e.) 200 or more sites

1) Annual License Fee: $270.00

2) Pre-inspection Fee: $100.00

6. Public Swimming Pool.

a.) Indoor/Outdoor Swimming Pools

1) Annual License Fee: $180.00

b.) Whirlpool

1) Annual License Fee: $180.00

c.) Additional Pool

1) Annual License Fee: $180.00

d.) Slide

1) Annual License Fee: $180.00

e.) Re-inspection Fee: $ 90.00

f.) Late Fee: $ 90.00

7. Tattooing and Body Piercing.

a.) Tattoo or Body Piercing Establishment

1) Annual License Fee: $120.00

2) Pre-inspection Fee: $ 90.00

3) Re-inspection Fee: $ 60.00

b.) Combined Tattoo/Body Piercing Establishment

1) Annual License Fee: $180.00

2) Pre-inspection Fee: $ 90.00

3) Re-inspection Fee: $ 90.00

c.) Late Fee: $ 90.00

d.) Temporary Tattoo or Body Piercing Establishment:

1) Annual License Fee: $120.00

e.) Temporary Combined Tattoo/Body Piercing Establishment:

1) Annual License Fee: $120.00

8. School Food Service Facilities.

a.) Inspection Fee:

1) Full Kitchen $315.00

2) Food Reheat $115.00

9. Retail Food Establishments.

a.) Retail food establishments which have food sales of at least
$1,000,000 and process potentially hazardous food.

1) Annual License Fee: $674.00

2) Pre-inspection Fee $337.00

3) Re-inspection Fee: $443.00

b) Retail food establishments which have food sales of at least $25,000,
but less than $1,000,000, and process potentially hazardous food.

1) Annual License Fee: $262.00

2) Pre-inspection Fee: $131.00

3) Re-inspection Fee: $185.00

      c) Retail food establishments which have food sales of at least $25,000,
      and engage in food processing, but do not process potentially
      hazardous food.

1) Annual License Fee: $187.00

2) Pre-inspection Fee: $ 94.00

3) Re-inspection Fee: $185.00

d.) Retail food establishments, who have food sales of less than
$25,000, and are engaged in food processing.

1) Annual License Fee: $ 60.00

2) Pre-inspection Fee: $ 30.00

3) Re-inspection Fee: $ 74.00

e.) Retail food establishments that do not engage in food processing.

1) Annual License Fee: $ 44.00

2) Pre-inspection Fee: $ 22.00

3) Re-inspection Fee: $ 74.00

10. Duplicate Permit Fee: $ 10.00

Section 2: All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.

Section 3: This ordinance shall take effect and be in full force and effect from and after its passage and publication.

Introduced this _____ day of _____________________, 2007.

Passed and adopted this ______ day of ___________________, 2007.

President, Common Council

Approved this ________ day of ______________________, 2007.

Mayor

ATTEST:

VOTE: Ayes Noes

City Clerk