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We uphold the trial court's rulings. Background Superb Video operates the Shoppe of Temptations, a retail business in Kenosha County which offers sexually explicit books, magazines, videotapes and other materials to its customers. The business also provides individual booths in which its customers are able to view movies. On September 24,the board issued Regulation HD The introductory paragraph of the regulation states the purpose of the enactment, in part, as follows: It is the lawful purpose of the Kenosha County Board of Health to enact rules and regulations as are necessary for the preservation of health and to prevent the spread of AIDS and other communicable or sexually transmitted diseases in Kenosha County.
The regulation requires that individual booths must be constructed so that one side is totally unobstructed and accessible to aisles and public areas. The regulation also limits the number of occupants in a booth to one at a time, recites the minimum lighting level in each booth and requires that the walls of each booth be solid and without any openings to adjoining booths. The enforcement provision makes it unlawful to operate an adult-oriented establishment in violation of the regulation or order of the health department.
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Violations are punishable by a forfeiture and may be enjoined. The court also held that the regulation was not a nuisance enactment. Discussion Superb Video argues that the regulation is invalid because: We first address Superb Video's argument that the County lacked authority to regulate in the area of communicable diseases. It contends that the legislature has delegated the authority to control communicable diseases to DHSS in ch.
County of Vieeo, Wis. As a creature of the legislature, a county must exercise its powers within the scope of authority ceded to it by the state. Our task is to videl if the applicable statutes empowered the board to enact the regulation at Arult. A matter of statutory interpretation presents a question of law. We decide such questions independently and without deference to the trial court, though we value the opinion of the trial court on such a question. City of West Bend, Wis. While some subjects of legislative action are exclusively of statewide concern and others may be classified as entirely of local character, many subjects do not fit exclusively into one or the other of the categories.
Kenosha County, 64 Wis. We conclude that such is the case in the area of public health and communicable diseases.
While the functions of a county board of health are established by statute, the board has few well-defined responsibilities. Such a board operates within broad policymaking guidelines, and its only restriction is to remain within state law and DHSS regulations. Included in the board's powers are: It may adopt such rules for its own guidance and for the government of the health department as may be deemed necessary to protect and improve public health, not inconsistent with state law nor with rules and regulations of the department. This chapter of the administrative code and ch. When the applicant is ready for an onsite inspection, the applicant will return the completed compliance statement to central licensing and an assisted living surveyor will be assigned.
Caregiver Background Checks Caregiver background checks must be completed at a minimum of every four years. The Department will complete caregiver background checks on the following persons prior to initial licensure and every four years thereafter: If the owner is a corporation or other type of business that does not have a single owner, then the organization may designate one principal officer to legally represent the organization for the purposes of fulfilling the background check requirement. For new applicants, the individual who signs the application fulfills this requirement. Principal officers, corporation or board members of the business organization, who have regular, direct contact with clients.
Non-client residents over age 10 of the entity who have regular, direct contact with clients. The entity must complete a caregiver background check on all caregivers. A caregiver is a person who is all of the following: Employed by or under contract with an entity; Has regular, direct contact with the entity's clients or the personal property of the clients; and is under the entity's control.