The inspection of food service establishments; the issuance, suspension and revocation of permits to operate food service establishments; the prohibition of the sale of unsound or mislabeled food or drink, and the enforcement of this article shall be regulated in accordance with state department of health’s rules on food service sanitation.
(1995 Code, sec. 9-33; Ordinance adopting Code)
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.
(1995 Code, sec. 9-39)
The hearings provided for in this article shall be conducted by the regulatory authority at a time and place designated by it. 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.
(1995 Code, sec. 9-40)
An inspection of a food service establishment shall be performed at least once every four (4) months. Additional inspections of the food service establishment shall be performed as often as necessary for the enforcement of this article.
(1995 Code, sec. 9-42)
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. The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received or used.
(1995 Code, sec. 9-43)
Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on the inspection report. 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 correction to be made. The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from one hundred (100). 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 completed inspection report form is a public document that shall be made available for public disclosure to any person who requests the same according to law.
(1995 Code, sec. 9-44)
(a) 
The completed inspection report form shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(1) 
If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations. Operations shall not be resumed until authorized by the regulatory authority.
(2) 
All violations of four (4) or five (5) point weighted items shall be corrected as soon as possible, but in any event, within ten (10) days following inspections. Within fifteen (15)days after the inspection, the holder of the permit, license or certificate shall submit a written report to the regulatory authority stating that the four (4) or five (5) weighted violations have been corrected. A follow-up inspection shall be made to confirm the correction.
(3) 
All one (1) or two (2) point weighted items shall be corrected as soon as possible, but in any event by the time of the next routine inspection.
(4) 
When the rating score of the establishment is less than sixty (60), the establishment shall initiate corrective action on all identified violations within forty-eight (48) hours. One or more inspections will be conducted at reasonable time intervals to assure corrections.
(5) 
In the case of temporary food service establishments, all violations shall be corrected within twenty-four (24) hours. If violations are not corrected within twenty-four (24) hours, the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority.
(b) 
The inspection report shall state that failure to comply with any time limits for corrections may result in cessation of food service operations. An opportunity for hearing on the inspection findings or the time limitations, or both, will be provided if a written request is filed with the regulatory authority within ten (10) days following cessation of operations. If a request for hearing is received, a hearing shall be held within twenty (20) days of receipt of the request.
(c) 
Whenever a food service establishment is required, under the provisions of this article, to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
(1995 Code, sec. 9-45)
Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of this article. The regulatory authority may, upon written notice to the owner or person in charge, specifying with particularity the reasons therefor, place a hold order on any food which it believes in violation of any section of this article. The regulatory authority shall tag, label, or otherwise identify any food subject to the hold order. No food subject to a hold order shall be used, served, or moved from the establishment. The regulatory authority shall permit storage of the food under 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. The hold order shall state that a request for hearing may be filed within ten (10) days, and that if no hearing is requested, the food shall be destroyed. If a request for hearing is received, the hearing shall be held within twenty (20) days after receipt of the request. On the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or persons 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 article.
(1995 Code, sec. 9-46)
Whenever a food service establishment is constructed or extensively remodeled, and whenever an existing structure is converted to use as a food service establishment, 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 is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas, and the type and model of proposed equipment and facilities. The regulatory authority shall approve the plans and specifications if they meet the requirements of this article. No food service establishment shall be constructed, extensively remodeled, or converted except in accordance with plans and specifications approved by the regulatory authority.
(1995 Code, sec. 9-47)
Whenever plans and specifications are required to be submitted to the regulatory authority, 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 the requirements of this article.
(1995 Code, sec. 9-48)
When the regulatory authority has reasonable cause to suspect possible disease transmission by an employee of a food service establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action. The regulatory authority may require any or all of the following measures:
(1) 
The immediate exclusion of the employee from employment in food service establishments;
(2) 
The immediate closing of the food service establishment concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists;
(3) 
Restriction of the employee’s services to some areas of the establishment where there would be no danger of transmitting disease; and/or
(4) 
Adequate medical and laboratory examination of the employee and of other employees and of his and their body discharges.
(1995 Code, sec. 9-49)
No person shall operate a food service establishment without a valid permit, license or certificate issued to him by the regulatory authority. Permits, licenses or certificates are not transferable. A valid permit, license or certificate shall be posted in every food service establishment.
(1995 Code, sec. 9-35)
(a) 
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. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment, and the signature of each applicant.
(b) 
Prior to the approval of an application for a permit, license or certificate, the regulatory authority shall inspect the proposed food service establishment to determine compliance with the requirements of this article.
(c) 
The regulatory authority shall issue a permit, license or certificate to the applicant if the inspection reveals that the proposed food service establishment complies with the requirements of this article.
(1995 Code, sec. 9-36)
(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, license or certificate does not comply with the requirements of this article, or if a substantial hazard to public health exists. Suspension is effective upon service of notice. When a permit, license or certificate is suspended, food service operations shall immediately cease. Whenever a permit, license or certificate is suspended, the holder of the permit, license or certificate shall be afforded an opportunity for hearing within twenty (20) days of receipt of a request for hearing.
(b) 
Whenever a permit, license or certificate is suspended, the holder of the permit, license or certificate, or the person in charge shall be notified in writing that the permit, license or certificate is, upon service of notice, immediately suspended, and that an opportunity for hearing will be provided if a written request for hearing is filed with the regulatory authority by the holder of the permit, license or certificate within ten (10) days. If no written request for hearing is filed within ten (10) days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.
(1995 Code, sec. 9-37)
(a) 
The regulatory authority may, after providing an opportunity for hearing, 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 its duty.
(b) 
Prior to revocation, the regulatory authority shall, in writing, notify the holder of the permit, license or certificate, or the person in charge, of the specific reasons for which the permit, license or certificate is to be revoked; and the permit, license or certificate shall be revoked at the end of ten (10) days following service of such notice, unless a written request for hearing is filed with the regulatory authority by the holder of the permit, license or certificate within such ten (10) day period. If no request for hearing is filed within the ten-day period, the revocation of the permit, license or certificate becomes final.
(1995 Code, sec. 9-38)
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.
(1995 Code, sec. 9-41)