Any reference to “regulatory authority” in the rules
shall mean the city by and through its authorized representative to
enforce the provisions of this article. For purposes of this article,
the “authorized representative” shall be the development
services director, or his authorized designee.
(Ordinance 2020-31 adopted 5/12/20)
(a)
It
shall be unlawful for any person to operate a food establishment within
the limits of the city without having been issued a valid health permit.
Only a person who complies with the requirements in this article shall
be entitled to receive or retain a permit, and notwithstanding the
fact that all inspections necessary for obtaining a food service establishment
permit have been completed, such permit shall not be issued until
after the building in which the establishment is to be located has
been issued a certificate of occupancy by the city. Permits are not
transferable from one person, place or entity to another person, place
or entity. A valid permit shall be posted in or on a conspicuous place
of every food establishment regulated by this article. The permit
required by this article shall be issued annually, commencing on January
1st and remaining in effect until December 31st. Any permit issued
during the course of the year shall expire on December 31st, irrespective
of date of issuance. There shall be no pro-ration of fees assessed
after the first month of each period.
(b)
Mobile
food establishments and hot trucks shall be considered food establishments
and shall comply with all pertinent regulations contained herein.
The permit required by this article shall be issued annually, commencing
on January 1st and remaining in effect until December 31st. Any permit
issued during the course of the year shall expire on December 31st,
irrespective of date of issuance. There shall be no proration of fees
assessed after the first month of each period.
(c)
Temporary
food establishment permits shall be in effect for a period of time
not exceeding 7 consecutive days in conjunction with a single event
or celebration.
(Ordinance 2020-31 adopted 5/12/20)
(a)
Any
person desiring to operate a food establishment shall make a written
application for a permit on a form provided by the city. The application
shall include the name and address of each applicant, the location
and type of food establishment and the signature of the applicant.
An application for a temporary food establishment shall include the
inclusive dates of the proposed operation and the location of the
event.
(Ordinance 2020-31 adopted 5/12/20)
(a)
Whenever
a food establishment is constructed or extensively remodeled, whenever
an existing structure is converted to use as a food establishment,
properly prepared plans and specifications for such construction,
remodeling, or conversion shall be submitted to the city for review
and approval before construction, remodeling or conversion is commenced.
The plans and specifications shall include a proposed menu, proposed
layout, equipment arrangement, construction materials of work areas
and finish schedules. No food establishment shall be constructed,
extensively remodeled, or converted except in accordance with said
approved plans and specifications.
(b)
Deviation
from the approved plans and specifications shall result in a food
establishment permit denial, suspension, or revocation.
(Ordinance 2020-31 adopted 5/12/20)
(a)
The
city shall inspect the food establishment prior to the issuance of
the food establishment permit to determine compliance with any approved
plans and specifications, compliance with other requirements of this
article and shall determine that a certificate of occupancy has been
issued for the building in which the establishment is to be located.
Upon making such findings the food establishment permit may be issued
subject to annual renewal, continued compliance with the provisions
of this article, and the existence of a valid certificate of occupancy
for the building in which the establishment is located.
(b)
The
development services director or his designee shall classify food
establishments as high priority, medium priority, or low priority;
according to the type of operations, particular foods that are prepared,
numbers of people served; susceptibility of the population served,
and any other risk factor deemed relevant to the operation.
(c)
Additional
inspections of the food establishment shall be performed as often
as necessary for the enforcement of this article.
(d)
If during a routine inspection, immediate correction of a critical item is not achieved, the city shall verify correction of the violation within ten calendar days. If a critical item is not corrected during the initial inspection, a reinspection fee as set forth in the fee schedule (section A4.003, health permits) found in appendix A of this code, shall be assessed at the follow up inspection.
(e)
When the total cumulative demerit value of an establishment exceeds 30 demerits, the establishment shall immediately cease operations. The establishment shall remain closed until corrective action on all identified critical violations is complete. Corrective action on all other violations must be initiated within 48 hours. The establishment shall remain closed until reopened by the city, at which time a reinstatement fee as set forth in the fee schedule (section A4.003, health permits) found in appendix A of this code, shall be assessed.
(f)
Denial
of access to city shall be cause for suspension or revocation of the
food service establishment permit.
(Ordinance 2020-31 adopted 5/12/20)
(a)
Every
permit holder or person in charge shall at all times have available
on the premises for inspection the food handler permit of its employees
and shall at all times display in public view the food service establishment
permit or mobile food establishment permit.
(Ordinance 2020-31 adopted 5/12/20)
(b)
Suspension
is effective upon service of the notice. When a permit is suspended,
food service operations shall immediately cease.
(c)
Whenever
a permit is suspended the holder thereof shall be afforded an opportunity
for a hearing within 20 days after receipt of a written request for
hearing.
(d)
Whenever
a permit is suspended, the holder thereof shall be notified in writing
that an opportunity for a hearing shall be provided if a written request
for hearing is filed with the city within ten days after receipt of
notice. If no written request for a hearing is filed within a ten-day
period, the suspension is sustained. The city may terminate the suspension
at any time if reasons for suspension no longer exist.
(Ordinance 2020-31 adopted 5/12/20)
(a)
The
city may, after providing opportunity for a hearing, revoke a permit
for serious or repeated violations of any of the requirements of this
article or for interference with the city in the performance of its
duties.
(b)
Prior
to revocation, the city shall notify, in writing, the holder of the
permit or the person in charge, of the specific reason for which the
permit is to be revoked and that the permit shall be revoked at the
end of the ten days after service of such notice unless a written
request for a hearing is filed within the ten-day period. If no request
for a hearing is filed within the ten-day period, the revocation of
the permit becomes final.
(c)
The
holder of the revoked permit may make a written application for a
new permit.
(Ordinance 2020-31 adopted 5/12/20)
(a)
An
officer of the city shall tag, label, or otherwise identify any food
subject to a hold order. No food subject to a hold order shall be
used, served, or moved from the establishment. The city’s hold
order shall permit storage of the food under the conditions specified
in the hold order, unless storage is not possible without risk to
the public health, in which case immediate destruction shall be ordered
and accomplished.
(b)
A
hold order shall state that a request for a hearing may be filed within
ten days after issuance thereof and that if no hearing is requested
the food shall be destroyed. On the basis of evidence produced at
that hearing, the hold order may be vacated, or the owner or person
in charge of the food may be directed by written order to denature
or destroy such food or to bring it into compliance with the provisions
of this section.
(Ordinance 2020-31 adopted 5/12/20)
A grease trap or grease interceptor is required unless otherwise
approved by the city, and shall be located to be easily accessible
for cleaning, operation, and maintenance. Location must be approved
by the city and shall not be located within an area where food is
held, prepared, stored or transferred. All grease traps and interceptors
shall also be approved by the city prior to installation. Grease separators
designed to be serviced manually by food establishment employees are
not approved. Grease interceptors or separators located above ground,
beneath one (1) fixture, are prohibited.
(Ordinance 2020-31 adopted 5/12/20)
