Title
Ordinance to Create Section 7.041 of the City of West Allis Revised Municipal Code Relating to Food Peddlers.
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Section 7.041 of the Revised Municipal Code is hereby created to read as follows:
7.041 FOOD PEDDLERS
(1) Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
(a) Charitable Organization. The term “Charitable Organization” shall mean any patriotic, philanthropic, social service, welfare, benevolent, educational, civic or fraternal, person, partnership, association or corporation that is validly registered under Wis. Stat. § 440.42.
(b) Health Commissioner. The term “Health Commissioner” shall mean the Health Commissioner of the City, as set forth in Section 2.24 of the Revised Municipal Code, or his/her designee.
(c) Food. The term “food” shall mean all articles used for food, drink or condiment including ice or water used by humans, whether simple, mixed, or compound and articles used or intended for use as ingredients in the composition or preparation thereof.
(d) Food Peddler. The term “food peddler” shall mean any person who sells food in this City from a pushed, pedaled, pulled, motorized, or movable vehicle or cart, or from a carried container.
(2) Adoption of State Code. Except as otherwise provided herein, the provisions of Department of Agriculture, Trade, and Consumer Protection Chapter 75 and the Wisconsin Department of Health Services Code Chapter 196 and its appendix, the Wisconsin Food Code, are hereby adopted by reference.
(3) Permit Required. No food peddler shall engage in the sale of food without a permit. A person, on behalf of a charitable organization, selling individually wrapped, hermetically sealed, single food servings that are prepared and packaged off-premise by a licensed processor shall not require a permit; however, a person selling such food mus...
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