For the purpose of this article, the words and phrases used herein shall have the following meanings:
Food service establishment.
Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place whether or not there is a charge for the food. The term, as used within this article, shall also refer to retail food stores.
Person in charge.
The individual present in a food service establishment who is the apparent supervisor of the food service establishment at the time of inspection. If no individual is the apparent supervisor, then any employee present is the person in charge.
Retail food store.
Any establishment where food and food products are offered for sale to the ultimate consumer and intended for off-premises consumption. Such food or food products may be expected to vary in degrees of preparation and may often need further preparation or processing after it has been purchased. In this article, the term will be included when referring to food service establishments.
(1996 Code, sec. 6.301)
(a) 
The additional definitions, provisions for the inspection of food service establishments, and other provisions of the state food establishment rules of the department of state health services, dated May 2006, are hereby adopted by reference and incorporated herein, the same as if fully copied at length, and one copy of such rules shall be kept on file in the office of the city secretary at all times.
(b) 
Section 229.169(a)(1) of the rules is amended to add the following:
Catering trucks operating as mobile food establishments and permitted by the city shall have the name of the catering service permanently affixed on both sides of the truck at all times when operating in the city. Each permit holder for a mobile food establishment shall permanently carry, and display, on request, its actual paper health permit in the catering truck. Each catering truck shall have a city-issued permit sticker permanently affixed to the left rear bumper.
(1996 Code, sec. 6.302)
The regulatory authority shall be the code enforcement officer of the city or his designee, the county health department (environmental health division), or other authorities having jurisdiction over food service establishments, including the commissioner of health of the state. However, in all cases where references are made to licenses, permits, or hearings, the location is the City of University Park city hall.
(1996 Code, sec. 6.303)
Representatives of the regulatory authority, after proper identification, shall be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with this article, and such inspection shall be performed two times per year or as often as necessary for enforcement of this article.
(1996 Code, sec. 6.310)
Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on the inspection report form set out in section 301.73.011(f) of the Rules on Food Service Sanitation. The inspection report form shall summarize the requirements of this article and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written to reference, by section number, the section violated, and shall state the corrections to be made. A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection. The form shall specify a reasonable period of time for the correction of any violations found, and correction of the violations shall be accomplished within the period specified. The completed inspection report form is a public document that, according to law, shall be made available for public disclosure to any person who requests it.
(1996 Code, sec. 6.311)
The minimum requirements regarding food and drinking establishments as established by the county health department (environmental health division) from time to time are incorporated herein by reference, the same as if fully copied at length, including all amendments, revisions or additions thereto from time to time adopted by the department. True copies of such requirements shall be kept on file with the code enforcement officer and available to food service establishments for copy or review.
(1996 Code, sec. 6.312)
No food service establishment shall be constructed, extensively remodeled, or converted involving an expenditure in excess of one thousand dollars ($1,000.00) without the review and approval of the regulatory authority. Properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion begins. The regulatory authority shall inspect the food service establishment prior to the start of operations to determine compliance with the approved plans and specifications and with the requirements of this article.
(1996 Code, sec. 6.313)
Every food service establishment within the city shall have on duty at all times when open at least one (1) manager or employee who has been currently certified as a food manager pursuant to an approved course of study and instruction sanctioned by the department of state health services. Each food service establishment shall have posted in public view the food manager’s certification certificates of each of its employees holding such a certificate.
(1996 Code, sec. 6.314)
Any person desiring to operate a food service establishment shall make written application for a permit, license, or certificate on forms provided by the regulatory authority. Prior to approval of an application, the regulatory authority shall inspect the proposed food service establishment, and if such inspection reveals that the establishment complies with requirements of this article, the regulatory authority shall issue the permit, license, or certificate to the inspected food service establishment.
(1996 Code, sec. 6.304)
No person shall operate a food service establishment without having a valid permit, license, or certificate issued to him/her by the regulatory authority. Only a person who complies with the requirements of this article shall be entitled to receive or retain such a permit, license, or certificate. Permits, licenses, or certificates are not transferable. A valid permit, license, or certificate shall be posted in every food service establishment.
(1996 Code, sec. 6.305)
(a) 
The regulatory authority may, without warning, notice, or hearing, suspend any permit, license, or certificate to operate a food service establishment, if the holder of the permit violates the requirements of this article in a manner which the regulatory authority finds to be an immediate health hazard to the patrons of said establishment or the community. The regulatory authority may require an immediate cessation of food service operations by serving a written notice to that effect upon the permit holder or the person in charge of the premises. If the holder of the permit, license, or certificate desires an immediate hearing on the required cessation of food service operations, he may appeal to the city manager, or his designee, who will conduct such hearing on the next business day after the appeal has been filed. At such hearing, the city manager or his designee may:
(1) 
Uphold the decision of the regulatory authority;
(2) 
Delay enforcing the decision of the regulatory authority pending a formal hearing as hereinafter described; or
(3) 
Take such other action as he deems appropriate under the facts of said case.
(b) 
If the holder of the permit, license, or certificate desires to appeal the decision of the city manager, he may follow the following procedure.
(c) 
An opportunity for a hearing before the city council will be provided if a written request for hearing is filed with the city manager by the holder of the permit, license, or certificate within ten (10) days after the decision of the city manager or his designee.
(d) 
The regulatory authority may end the suspension at any time if reasons for the suspension no longer exist.
(1996 Code, sec. 6.306)
The regulatory authority may revoke a permit, license, or certificate for serious or repeated violations of any of the requirements of this article or for interference with the regulatory authority in the performance of duty. Prior to revocation, the regulatory authority shall notify, in writing, the holder of the permit, license, or certificate, or the person in charge, of the specific reason(s) for which the permit, license, or certificate is to be revoked and that revocation will become final at the end of ten (10) days following service of such notice, unless a written request for hearing before the city council is filed with the regulatory authority by the holder of the permit, license, or certificate. If a written request is filed, the opportunity for a hearing will be afforded within the following twenty (20) days. Whenever a revocation of a permit, license, or certificate has become final, the holder of the revoked permit, license, or certificate may make written application for a new permit, license, or certificate.
(1996 Code, sec. 6.307)
A notice provided for in this article is properly served when it is delivered to the holder of the permit, license, or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license, or certificate. A copy of the notice shall be filed in the records of the regulatory authority.
(1996 Code, sec. 6.308)
The hearing provided for in this article shall be conducted by the city council at a time and place designated by it. An oral testimony given at a hearing shall be reported verbatim, and the presiding officer shall make provision for sufficient copies of the transcript. The regulatory authority shall make a final finding based upon the complete hearing record and shall sustain, modify, or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license, or certificate by the regulatory authority.
(1996 Code, sec. 6.309)
An annual fee as established by the master fee resolution of the city will be collected from each permanent food service establishment for the initial permit and thereafter for the renewal of such permit. The regulatory authority is authorized to issue temporary health permits as provided herein and in the food establishment rules adopted by this article. A fee shall be collected from each operator of a temporary food service establishment in an amount established by the master fee resolution of the city.
(1996 Code, sec. 6.315)