(a)
It
shall be unlawful for any person to operate a food establishment within
the city or its police jurisdiction who does not possess a valid permit
issued to him by the city environmental health department. Only a
person who complies with the provisions of this article shall be entitled
to receive and retain such a permit.
(b)
Permits
shall not be transferable from one person to another person or place.
(c)
A
valid permit shall be posted in a conspicuous place in every food
establishment.
(d)
Permits
for temporary food service establishments shall be issued for a period
of time not to exceed fourteen (14) days.
(1959 Code, sec. 13-2; Ordinance
8018, sec. 1, adopted 4/10/1980; 1983 Code, sec. 12-26; Ordinance
2016-O0014, sec. 1, adopted 2/11/2016)
(a)
Prior
to submission of an application for permit, a person shall obtain
a plan review of the location of the food establishment, which said
plan review shall be conducted by the city environmental health department.
Said plan review fee shall be one hundred fifty dollars ($150.00).
(b)
Any
person desiring to operate a food establishment shall make written
application for a permit on forms provided by the city environmental
health department. Such application shall include:
(1)
The applicant’s full name, office address and telephone number,
including the address and telephone number of the home office, if
any, and whether such applicant is an individual, firm or corporation
and, if a partnership, the names, addresses and telephone numbers
of the partners;
(2)
The location and type of food establishment;
(3)
The signature of the applicant or applicants; and
(4)
If the application is for a temporary food service establishment,
it also shall include the inclusive dates of the proposed operation.
(5)
If the application is for a food processing establishment, it shall
also state whether such establishment is subject to a daily inspection
schedule by federal or state authorities.
(1959 Code, sec. 13-3; Ordinance
8018, sec. 1, adopted 4/10/1980; 1983 Code, sec. 12-27; Ordinance
8901, sec. 1, adopted 3/27/1986; Ordinance 2016-O0014, sec. 1, adopted 2/11/2016)
Upon receipt of an application for a permit under this article,
the city environmental health department shall make an inspection
of the food establishment to determine compliance with the provisions
hereof and assess the food base risk factor for the food establishment.
The food base risk factor shall be assessed by means of the criteria
established in the “Food Establishment Risk Assessment Tool”
adopted by the city council, as amended. A copy of said assessment
tool shall be filed with the city secretary and a copy maintained
in the office of environmental health, which said copies shall be
available for public inspection during the business hours of the offices
in which they are maintained. The city health officer may make such
inspections thereafter as he shall deem necessary to ensure compliance
with this article.
(1959 Code, sec. 13-3; Ordinance
8018, sec. 1, adopted 4/10/1980; 1983 Code, sec. 12-28; Ordinance
2003-O0065, sec. 3, adopted 6/19/2003; Ordinance 2016-O0014, sec. 1, adopted 2/11/2016)
When inspection reveals that the applicable requirements of
this article have been met and a food base risk factor has been assigned
to the food establishment, a permit shall be issued to the applicant
by the city environmental health department. The annual permit fee
to be paid by each applicant shall be as follows:
(1)
Food
service permit, and child care food service permit:
|
Base Risk Factor
|
Risk Category
|
Permit Fee
|
|---|---|---|
|
0–151
|
1
|
$125.00
|
|
16–302
|
2
|
$200.00
|
|
31–503
|
3
|
$300.00
|
|
over 514
|
4
|
$400.00
|
(2)
Food
processing permit:
Square footage 0–1,000: $135.00;
Square footage 1,001–5,000: $160.00;
Square footage 5,001–10,000: $180.00; and
Square footage over 10,000: $200.00.
(3)
Temporary
food service permit:
For first two (2) days: $60.00; and
For each day after first two (2) days, a day: $15.00.
(4)
Reinspection
fee: $90.00.
(5)
Charitable
and nonprofit organizations that do not charge fees for the sale of
food or food-related services shall be exempt from permit fees.
(1959 Code, sec. 13-3; Ordinance
8018, sec. 1, adopted 4/10/1980; 1983 Code, sec. 12-29; Ordinance
8239, sec. 1, adopted 9/24/1981; Ordinance 8255, sec. 1, adopted 12/10/1981; Ordinance 8901, sec. 2, adopted 3/27/1986; Ordinance 2003-O0065, sec. 3, adopted 6/19/2003; Ordinance 2016-O0014, sec. 1,
adopted 2/11/2016)
(a)
Violations generally.
Permits under this article may
be suspended by the city health officer for failure to comply with
the requirements hereof.
(b)
Noncompliance with notice.
Whenever a permit holder
or operator has failed to comply with any notice issued under the
provisions of this article, the permit holder or operator shall be
notified in writing that the permit is, upon service of the notice,
immediately suspended, and that an opportunity for a hearing will
be provided if a written request for a hearing is filed with the city
manager by the permit holder within ten (10) days.
(1959 Code, sec. 13-4; Ordinance
8018, sec. 1, adopted 4/10/1980; 1983 Code, secs. 12-30–12-32; Ordinance 2016-O0014, sec. 1, adopted 2/11/2016)
Any person whose permit under this article has been suspended
may, at any time, make application for a reinspection for the purpose
of reinstatement of the permit. Within forty-eight (48) hours following
receipt of a written request, including a statement signed by the
applicant that in his opinion the conditions causing suspension of
the permit have been corrected, the city health officer shall make
a reinspection. If the applicant is in compliance with the requirements
of this article, the permit shall be reinstated.
(1959 Code, sec. 13-4; Ordinance
8018, sec. 1, adopted 4/10/1980; 1983 Code, sec. 12-33; Ordinance
2016-O0014, sec. 1, adopted 2/11/2016)
