Authority.
Milwaukee Code of Ordinances § 68-5
in effect68-5. Authority.
1. TO REGULATE. The commissioner may adopt written rules and regulations as necessary for the enforcement of this chapter and shall file with the city clerk a certified copy of all such rules and regulations. A certified copy of the rules and regulations shall also be kept on file in the office of the commissioner. The rules and regulations shall have the same force and effect as the provisions of this section, and the penalty for violations thereof shall be the same as the penalty for violations of this chapter. In addition, unless otherwise provided in this chapter, the commissioner shall have the authority to enforce the provisions of ch. 214 pertaining specifically to fire prevention in food establishments.
2. TO ENFORCE. a. The commissioner shall enforce the regulations of this chapter and may issue orders to effect corrections of violations. The commissioner shall issue citations pursuant to the procedure set forth in s. 50-25, except orders to correct violations of ch. 214 shall be enforced as specified in ch. 200.
b. If the conditions imposed by any provision of the code of ordinances are either more restrictive or less restrictive than comparable conditions imposed by the Wisconsin Food Code, or any other law, statute, rule, resolution, ordinance, or regulation of any kind, the regulations which are more restrictive or which impose higher standards or requirements shall govern.
3. TO INSPECT. a. Except for an establishment exempted from inspection by state law, a representative of the department, after presentation of proper identification, shall be permitted to enter any food establishment at any reasonable time to make inspections in accordance with this chapter.
b. The department shall have authority to:
b-1. Conduct a reasonable examination of a licensee’s business records, including:
b-1-a. Information related to establishing the business’s total amount of gross food sales.
b-1-b. Materials used to demonstrate adherence to approved plans.
b-1-c. Materials required to inspect or assess the food purchased, received or used by a food establishment.
b-2. Examine a licensee’s food, food preparation, storage and display areas.
b-3. Collect environmental and food samples for laboratory analysis. The department shall offer to pay fair market value for any samples taken, unless the sampling is conducted as a follow-up to a previous unsatisfactory test result.
b-4. Take photographs to document inspection or investigation findings.
c. No person may assault, restrain, threaten, intimidate, impede, interfere with or otherwise obstruct the commissioner in the performance of his or her duties.
d. No person may obstruct or provide false, deceptive or misleading information to the commissioner.
e. Violation of this subsection may result in corrective action, including revocation of a license.
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=4Fetched: 10/26/2026