Milwaukee Code of Ordinances § 60-1 General Provisions.
60-1. General Provisions.
1. DEFINITIONS. In this chapter:
a. "Calendar year" means January 1 to December 31.
b. “Department” means the health department or any department to which health department functions or duties have been delegated pursuant to a memorandum of understanding.
2. LICENSE PERIOD. A license or permit fee shall be paid for the entire license or permit period or for any fraction thereof except where otherwise provided. In the absence of provisions to the contrary, no license or permit fee shall be transferable or prorated.
3. REFUND OF FEES BY HEALTH DEPARTMENT.
a. Except as otherwise provided, if an application for a license or permit issued by the health department is withdrawn, or if such a license or permit is denied or not issued, the following amounts shall be retained by the health department to defray the city’s cost of processing the application pursuant to this chapter:
a-1. $25 if the license or permit fee is less than $100.
a-2. $75, if the license or permit fee is more than $100.
b. The refundable portion of the fee shall be refunded by the health department upon receipt of a written request by the applicant, provided such request is made no later than one year after the date of application for the license or permit. No refund shall be made after one year from the date of application.
4. INSUFFICIENCY OF FUNDS; NONPAYMENT OF FEES.
a. Except where otherwise provided, if payment for a license or permit fee issued through the city clerk’s office is made by check or other draft drawn upon an account containing insufficient funds, the applicant shall, within 15 days from the date of the letter from the city clerk of the insufficiency, pay by cashier’s check or other certified draft, money order or cash, the fees, late fees and processing charges as specified by city code. Nonpayment of all applicable fees, late fees and processing charges within 15 days after the applicant received notice of the insufficiency shall deem the license or permit null and void. The establishment shall close until a new application is made, a new license obtained, and the applicable fees are paid.
b. Any individual or corporation that owes the city for unpaid fines, late fees, or license or permit fees relating to a current or previous food operation shall pay all such outstanding fees before any license or permit is issued.
5. INSPECTION FEE ASSESS-MENT. Inspection fees shall apply to any establishment or device that the health department is designated to inspect, investigate and enforce compliance. A fee is assessed at the time an inspection or investigation is performed for which a violation is identified.
a. A fee shall be assessed for an inspection or investigation when an establishment or operation is found to have any of the following:
a-1. One or more repeat or recurring violations.
a-2. An excessive number of violations.
a-3. Noncompliance with an order to correct a violation within a specified deadline.
a-4. Failure to maintain correction of a violation that was previously corrected on-site at the time of a previous inspection or investigation.
a-5. A violation of an operational restriction placed on the establishment or operation by the department.
b. An inspection fee shall be assessed for an inspection or investigation of a mobile restaurant licensed by the Wisconsin department of agriculture, trade and consumer protection. This fee shall be assessed only once during the licensing period.
c. An inspection fee shall be assessed for an inspection or investigation of a temporary event licensed by the Wisconsin department of agriculture, trade and consumer protection. This fee shall be assessed only once during the licensing period.
d. An inspection fee shall be due within 30 days of the date of an inspection or investigation unless the order is appealed within 5 days of issuance of the order. An order which is upheld upon appeal shall be due 30 days from the date of issuance of the appeal findings.
6. NONPAYMENT OF INSPECTION FEE. A $10 late fee shall be assessed for each additional 30-day period or calendar month a health inspection or investigation fee payment is outstanding. A late fee shall be charged to any enforcement action specified in chs. 68 and 81, and s. 75-30.