The Rules on Food Service Sanitation, 301.73.11.001 through
301.73.11.011, of the division of food and drugs of the state department
of health, and the current Retail Food Store Sanitation Code, 229.231
through 229.239, recommended and published by the U.S. Department
of Health and Human Services, Public Health Services, Food and Drug
Administration, are hereby adopted as the minimum standards for retail
and food service operations within the corporate limits of the city;
provided, however, that in said rules and codes the words “municipality
of Willow Park” shall be understood to refer to the City of
Willow Park and the words “regulatory authority” shall
be understood to refer to the City of Willow Park and its designated
employees, agents and servants and/or any members, employees or agents
of the county health department. It is intended that the county health
department have the same authority under this section within the city
as does the city. Three (3) certified copies of the rules on food
service and three (3) certified copies of the current retail food
store code hereby adopted shall be on file in the office of the city
secretary.
(1986 Code, ch. 6, sec. 3(A); 1993
Code, sec. 6.401)
(a)
Required.
No person shall operate a full-service, temporary
or limited use food service establishment or retail food store who
does not have a valid permit issued to him or her by the city. Only
a person who complies with the requirements of these rules and codes
shall be entitled to receive or retain such a permit. Permits are
not transferable. A valid permit shall be posted in every food service
establishment or retail food store.
(b)
Issuance.
(1)
Any person desiring to operate a food service establishment or retail
food store shall make written application for a permit on forms provided
by the city. Such application shall include the name and address of
each applicant, the location and type of proposed establishment, and
the signature of each applicant.
(2)
Prior to approval of an application for a permit the regulatory authority
shall inspect the proposed food service establishment or retail food
store to determine compliance with the requirements of these rules
and codes.
(3)
If a building contains and operates multiple food service establishments
or retail food stores, a separate permit application and payment of
a separate fee shall be required for each separate food service establishment
or retail food store, as determined by the city administrator or his
or her designee.
(4)
A permit fee shall accompany each application. Permits shall be valid
until December 31st of each year. It shall be the responsibility of
the operator to renew the permit on a yearly basis by filing a permit
renewal application and paying the renewal fee at city hall. The permit
fee and renewal fee shall be in the amount established by city council.
This fee shall be promulgated at least once each year by the city
administrator and ratified, upon discussion, in a regular called meeting
of the city council.
(5)
Applicants shall not, under any circumstances, be entitled to a refund
of permit fees after an application has been filed. Upon receipt of
such an application, the regulatory authority shall make an inspection
of the establishment to determine compliance with the provisions of
these rules and codes.
(6)
The city administrator or his or her designee shall issue a permit
to the applicant if the regulatory authority’s inspection reveals
that the proposed food service establishment complies with the requirements
of these rules and codes.
(c)
Suspension.
(1)
The regulatory authority may, without warning, notice or hearing,
suspend any permit or license to operate a food service establishment
or retail food store if the holder of the permit does not comply with
the requirements of these rules and codes, or if the operation of
the establishment otherwise constitutes a substantial hazard to public
health. Suspension is effective upon service of notice as required
by this section. When a permit is suspended, operations shall immediately
cease. Whenever a permit is suspended, the holder of the permit shall
be afforded an opportunity for a hearing within twenty (20) days of
receipt of a request for a hearing.
(2)
Whenever a permit is suspended, the holder of the permit or the person
in charge 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 secretary by the holder of the permit within fifteen
(15) days. If no written request for hearing is filed within fifteen
(15) days, the suspension is sustained. The regulatory authority may
end the suspension at any time if reasons for suspension no longer
exist.
(d)
Revocation.
The regulatory authority may, after providing
opportunity for a hearing, revoke a permit for serious or repeated
violations of any of the requirements of these rules and codes or
for interference with the regulatory authority in the performance
of its duties. Prior to revocation, the regulatory authority shall
notify the holder of the permit, or the person in charge, in writing,
of the reason for which the permit is subject to revocation and that
the permit shall be revoked at the end of fifteen (15) days following
service of such notice unless a written request for a hearing is filed
with the city secretary by the holder of the permit within such fifteen
(15) day period. If no request for hearing is filed within the fifteen
(15) day period, the revocation of the permit, license or certificate
becomes final.
(e)
Service of notices.
All written notices of revocation
provided for in these rules and codes are properly served when delivered
to the holder of the permit, or the person in charge, or when deposited
with the United States mail, with postage paid, or sent by certified
or registered mail, return receipt requested, to the last known address
of the holder of the permit. A copy of the notice shall be filed in
the records of the city.
(f)
Hearings.
The hearings provided for in these rules and
codes shall be conducted by the regulatory authority at a time and
place designated by it. Based upon the recorded evidence of such hearing,
the regulatory authority shall make a final finding, 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 by the regulatory authority.
(g)
Application for new permit after revocation.
Whenever
a revocation of a permit has become final, the holder of the revoked
permit may make written application for a new permit.
(1986 Code, ch. 6, sec. 3(B); Ordinance 289-91, sec. I, adopted 6/18/91; 1993 Code, sec. 6.402; Ordinance
adopting 2017 Code)
(a)
Frequency.
(1)
An inspection of a food service or retail food establishment shall
be performed a minimum of two (2) times per year. Additional inspections
of the food service establishment shall be performed as often as are
necessary for the enforcement of these rules and codes.
(2)
The regulatory authority may at any reasonable hour enter any building
or premises for the purposes of making any inspection or investigation
which, under the provisions of these rules and codes, he may deem
necessary to be made in order to assure the health, safety and well-being
of the citizens of the city.
(3)
The regulatory authority has the power and authority to issue a citation
to anyone in violation of any provision of these rules and codes.
(b)
Access to premises.
Agents of the regulatory authority,
after proper identification, shall be permitted to enter any food
service or retail food establishment at any reasonable time for the
purpose of making inspection to determine compliance with these rules.
The agents shall be permitted to examine the records of the establishment,
to obtain information pertaining to the food and supplies purchased,
received or used or to persons employed.
(c)
Report of inspections.
Whenever an inspection of a food
service or retail food establishment is made, the findings shall be
recorded on an inspection report form on file in the office of the
city secretary. The inspection report form shall summarize the requirements
of these rules and codes 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 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 it according to law.
(d)
Correction of violations.
(1)
The inspection report form shall specify a reasonable period of time
for the correction of the violations found, and corrections of the
violations shall be accomplished within the period specified in accordance
with the following provisions:
(A)
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.
(B)
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 inspection. Within fifteen (15) days after the inspection,
the holder of the permit shall submit a written report to the city
stating that the four (4) or five (5) point violations have been corrected.
A follow-up inspection shall be conducted to confirm correction.
(C)
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.
(D)
When the rating score of the establishment is less than seventy (70),
the establishment shall initiate corrective action on all identified
violations within forty-eight (48) hours. One (1) or more reinspections
will be conducted at reasonable time intervals to assure correction.
(E)
In the case of temporary food service establishments, all violations
shall be corrected within twenty-four (24) hours. If violations are
not corrected within the twenty-four (24) hours, the establishment
shall immediately cease food service operations until authorized to
resume by the regulatory authority.
(2)
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 appeal from the inspection findings
and time limitations will be provided if a written request for a hearing
is filed with the city secretary within ten (10) days following cessation
of operations. If a request for a hearing is received, a hearing shall
be held within twenty (20) days of receipt of that request.
(3)
Whenever a food service establishment is required under the provisions
of this section to cease operations, it shall not resume operations
until such time as a reinspection determines that conditions responsible
for the requirement to cease operations no longer exist. Opportunity
for reinspection shall be offered within a reasonable time.
(e)
Inspection report form.
An inspection report form based
on the requirements of this section is on file in the office of the
city secretary.
(1986 Code, ch. 6, sec. 3(C); Ordinance 334-93 adopted 3/16/93; 1993 Code, sec. 6.403)
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 he believes is in violation of the rules of food
service sanitation or the retail food store codes or any other provision
of these rules and codes. 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.
Storage of the food under conditions specified in the hold order shall
be permitted 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 so requested, and
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 these rules and codes.
(1986 Code, ch. 6, sec. 3(D); 1993
Code, sec. 6.404)
(a)
Submission of plans.
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 fixed equipment and facilities. The regulatory
authority shall approve the plans and specifications if they meet
the requirements of the Rules on Food Service Sanitation or Retail
Food Store Code. No food service establishment shall be constructed,
extensively remodeled or converted except in accordance with plans
and specifications approved by the regulatory authority.
(b)
Preoperational inspection.
Whenever plans and specifications
are required by this article or any other ordinance or statute, the
regulatory authority shall inspect the food service establishment
prior to its beginning operations to determine compliance with the
approved plans and specifications and with the requirements of these
rules and codes.
(1986 Code, ch. 6, sec. 3(E); 1993
Code, sec. 6.405)
(a)
No
person shall operate a food service establishment unless the manager
of the establishment or, if multiple shifts are worked, the manager
on each shift, has a valid current food service manager certificate
certifying that the bearer has attended a food sanitation program
for managers approved by the regulatory authority within the past
three (3) years. This subsection is become effective and enforceable
when a food sanitation program is available within one hundred (100)
miles from the food service establishment.
(b)
Said
certificate shall be made available to the regulatory authority personnel
when inspections are conducted.
(c)
Temporary
mobile food vendors and retail food vendors are exempt from the food
service manager certification.
(1986 Code, ch. 6, sec. 3(F); 1993
Code, sec. 6.406)
When there is reasonable cause to suspect the possibility of
disease transmission from any food service or retail food store establishment
employee, morbidity history of the suspected employee may be secured
or [the regulatory authority may] make any other investigation as
may be indicated and shall appropriate action taken. The regulatory
authority may require any or all of the following measures:
(1)
The
immediate exclusion of the employee from all food service establishments;
(2)
The
immediate closing of the food service or retail food establishment
concerned until, in the opinion of the regulatory authority, no further
danger of disease outbreak exists;
(3)
Restrictions
of the employee’s services to some area of the establishment
where there would be no danger of transmitting disease;
(4)
Adequate
medical and laboratory examination of other employees and of his and
their body discharges.
(1986 Code, ch. 6, sec. 3(G); 1993
Code, sec. 6.407)
