Inspection and Investigation.
Milwaukee Code of Ordinances § 68-9
in effect68-9. Inspection and Investigation.
1. PRE-INSPECTION. a. New Establishment. Every food establishment shall be inspected by the department prior to issuance of a new license. License issuance or renewal may be withheld pending inspection, investigation, re-inspection, and plan verification or validation.
b. Existing Establishment. Inspections shall be required for any licensed food establishment wishing to make changes to the physical premises. Additional inspections may be required for any significant changes to a food plan or operation, as determined by the commissioner.
2. ROUTINE INSPECTION. a. Food Dealer. Within 60 days of license issuance, a food dealer shall be inspected. The department shall routinely inspect all licensed food dealers at least once every 12 months.
b. Food Peddler. Within 60 days of license issuance, all vehicles, carts or carried containers of a licensed food peddler shall be inspected. A renewal food peddler license shall not be issued until an inspection is performed and any priority and priority foundation violations have been corrected.
c. Temporary Food Dealer. The department shall inspect each temporary food dealer establishment licensed under this chapter.
d. Wisconsin Department of Agriculture, Trade and Consumer Protection License Inspections. The department is authorized by the state to inspect all state-licensed mobile restaurants and temporary events.
3. REINSPECTION. a. General. The department shall, within 30 days, reinspect every violation found during an inspection or a compliant investigation, regardless of a licensee’s ability to correct a violation during the inspection, to ensure the violation is corrected or remains corrected.
b. The department shall make as many additional reinspections as are necessary for the enforcement of this chapter.
4. COMPLAINT INVESTIGATION. The department shall investigate all complaints alleging violations of licensing, sanitation, foodborne illness or food handling. If the department identifies violations during a complaint investigation and orders are issued, the orders shall be subject to the same reinspection requirements and fee schedule as those identified during a routine inspection.
5. REINSTATEMENT INSPECTION.
a. Requirement. Whenever a food establishment is required by the department to cease or suspend any part of its food sales or processing, the establishment shall not resume food operations until an inspection determines that the conditions responsible for the requirement to cease or suspend food operations no longer exist.
b. Correction. Upon notification by the food establishment that the conditions responsible for the requirement to cease or suspend food operations have been corrected, the department shall, within two business days, perform an inspection to determine if the food establishment may resume operation.
c. Reinstatement. Upon determination that the basis for the requirement to cease or suspend food operations has been addressed, the department shall provide the food establishment written notice that it may resume operation.
d. Notification. The Wisconsin department of agriculture, trade and consumer protection, the city clerk’s office and the police department shall be notified of any food establishment ordered to cease or suspend operation and when an order is lifted. Electronic notification shall be considered as meeting the notification requirement.
6. INSPECTION PLACARDS. a. Issuance. Upon completion of an inspection or investigation, the department shall issue an inspection placard to the food establishment.
b. Design. The commissioner shall design the placard, which shall show the name and address of the food establishment, the date of the inspection or investigation, the name of the licensee, and the results of the inspection or investigation.
c. Posting Required. It shall be unlawful to operate a food establishment unless an inspection placard is posted in accordance with this subsection. Each food establishment shall post only the most recent inspection placard.
d. Location. A food placard 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, the placard shall be:
d-1. Not lower than 4 feet nor higher than 6 feet from the ground or floor.
d-2. Within 5 feet of the front door or direct entrance.
d-3. Unobscured and on the establishment’s front window, door, or exterior wall.
d-4. In a location approved by the health inspector to ensure proper notice to the general public and to patrons of the food establishment.
e. Placard to Remain Intact. An inspection placard shall not be defaced, marred, camouflaged, hidden or removed. The operator shall report any stolen placard to the police department and provide documentation of the police report to the health department for a replacement placard.
f. Violation; Penalties. f-1. An operator that violates any of the provisions of this subsection may be required to appear before the licensing committee.
f-2. 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.
7. REPORTS. a. Issuance. When an inspection or investigation is made by the department of a food establishment, the findings shall be recorded in a form approved by the commissioner. A copy of the inspection or investigation report shall be provided to the food establishment, in a form approved by the commissioner.
b. Receipt. b-1. An inspector shall request a signed acknowledgment of receipt of an inspection report when the report is issued at a food establishment.
b-2. The signed acknowledgement shall not constitute an agreement with the findings of the report.
b-3. Refusal to sign an acknowledgment of receipt shall not affect the license holder’s obligation to correct the violations noted in the inspection report within the time frames specified.
b-4. Refusal to sign the acknowledgment of receipt shall be noted on the inspection report in place of the signature.
b-5. Documentation of delivery of the report shall be retained by the department and shall be considered evidence of issuance.
c. Reports are Public Record. Inspection reports shall be public record and posted on the internet.
8. APPEAL OF INSPECTION. a. Request for Appeal. If a food establishment disagrees with an inspection report, the food establishment may submit a written request for an appeal within 5 business days of the issuance of the report. The request for an appeal shall include:
a-1. The date of the inspection.
a-2. The violation being appealed.
a-3. The reason the licensee believes a provision of the code does not apply or was inappropriately applied.
b. Appeal Deadline. Failure to submit a written request for appeal within 5 business days of the issuance of an inspection report shall be considered grounds to deny an appeal unless a request for an extension is received prior to the 5-business day period elapsing. Failure to submit a written request to hold posting of an inspection report or placard with a written appeal of an inspection report shall result in the report or placard being posted.
c. Appeal Hearing and Determination. An appeal shall be heard by the commissioner within 10 business days following receipt of a written appeal request. The inspection report or inspection placard shall be updated based on the outcome of the appeal and issued to the food establishment.
9. FEES. The department shall charge the health code inspection fees provided in s. 60-70.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH68.pdf#page=6Fetched: 10/26/2026