For the purpose of this article, the following words shall mean
as follows:
A catering establishment, restaurant, or any other place
in which food, containers, or supplies are kept, handled, prepared,
packaged or stored.
The permit holder, individual having supervisory or management
duties, person on the payroll, family member, volunteer, person performing
work under contractual agreement, or any other person working in a
food establishment.
Any raw, cooked, or processed edible substance, ice, beverage
or ingredient used or intended for use or for sale in whole or in
part for human consumption.
Each of the following types of food establishments: commissary,
mobile food unit, food processing establishment, food service establishment,
retail food store, and temporary food service establishment.
A commercial establishment in which food is manufactured
or packaged for human consumption. The term does not include a food
service establishment, retail food store, or commissary operation.
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 regardless of whether
consumption is on or off the premises and regardless of whether there
is a charge for the food. The term includes delicatessens that offer
prepared food in individual service portions. The term does not include
private homes where food is prepared or served for individual family
consumption, retail food stores, the location of food vending machines,
and supply vehicles.
A vehicle-mounted food service establishment designed to
be readily movable.
Includes any individual, partnership, corporation, association,
trustee, or other legal entity.
The physician designated to administer state and local laws
relating to public health.
Any establishment or section of an establishment where food
and food products are offered to the consumer and intended for off-premises
consumption. The term includes delicatessens that offer prepared food
in bulk quantities only. The term does not include establishments
which handle only prepackaged, non-potentially hazardous foods; roadside
markets that offer only fresh fruits and fresh vegetables for sale;
food service establishments; or food and beverage vending machines
as defined in Vending of Food and Beverages, 1978, Department of Health,
Education and Welfare Publication No. (FDA) 78-2091.
A food service establishment that operates at a fixed location
for a period of time of not more than fourteen (14) consecutive days
in conjunction with a single event or celebration.
(Ordinance adopting 2024 Code)
(a)
For
the purpose of protecting the public health, the following rules,
including any amendments, copies of which shall be on file with the
city and available for inspection, are hereby adopted:
(b)
The
rules herein adopted shall establish standards for the inspection
of food establishments, as herein defined, within the city, shall
be the basis for issuing and revoking permits for the operation of
such establishments, and shall provide the standards for the determination
of adulterated, misbranded or unwholesome food.
(c)
In
the event there is any conflict between the provisions contained in
the city code and the provisions contained in the rules adopted herein,
the provisions of the city code shall apply.
(d)
Homemade
confections, breads, or pastries which are not a cream or cream-filled
type and which are not deemed "potentially hazardous" by the regulatory
authority may be sold to the general public during fundraising events,
such as bake sales, provided the seller has gone through the proper
steps to secure a temporary permit from the regulatory authority.
(Ordinance adopting 2024 Code)
(a)
Generally.
No person shall operate a food establishment
who does not have a valid permit issued to him by the regulatory authority.
Only a person who complies with the requirements of these rules shall
be entitled to receive or retain such a permit. Permits are not transferable.
A valid permit shall be posted in every food establishment.
(b)
Application; issuance.
(1)
Any person desiring to operate a food establishment shall make written
application for a permit 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 establishment, and the
signature of each applicant. In addition, plans must be submitted
for review with such application as required.
(2)
The regulatory authority shall issue a permit to the applicant if
its inspection reveals that the proposed food establishment complies
with the requirements of these rules and if it has received the proper
permit fee as required herein.
(c)
Suspension.
(1)
The regulatory authority may, without warning, notice, or hearing,
suspend any permit to operate a food establishment if the holder of
the permit does not comply with the requirements of these rules, or
if the operation of the establishment does not comply with the requirements
of these rules, or if the operation of the food service establishment
otherwise constitutes a substantial hazard to public health. Suspension
is effective upon service of the notice. When a permit is suspended,
food 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 regulatory authority by the holder of the permit
within ten days. If no written request for hearing is filed within
ten 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 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 ten (10) days following service of such notice
unless a written request for a hearing is filed with the regulatory
authority by the holder of the permit within such ten (10) day period.
If no request for hearing is filed, the revocation of the permit becomes
final.
(e)
Service of notices.
A notice provided for in these rules
is properly served when it is personally delivered to the holder of
the permit, 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. A copy of the notice shall be filed in
the records of the regulatory authority.
(f)
Hearings.
The hearings provided for in these rules 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 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.
(h)
Fees.
The fee for a food establishment shall be as established
by the city council.
(i)
Renewal.
Permits for the operation of all food establishments,
with the exception of temporary food establishments, shall expire
on December 31 of each year and must be renewed annually and the fee
provided for herein will become due and payable the first of January
of each year. Such permits may be obtained during the month of December
just prior to the date of expiration, or they may be secured during
a period of grace between January 1 and February 1, following the
date of expiration. Failure to secure a permit within the time provided
in this section shall result in a charge of twice the amount otherwise
due for a permit under this section.
(Ordinance adopting 2024 Code)
(a)
Frequency of inspections.
An inspection of a food establishment,
with the exception of a mobile food establishment, shall be performed
at least once every six months. A mobile food establishment which
deals in products which the regulatory authority deems “potentially
hazardous foods” is required to appear weekly at the regulatory
authority, at regular hours to be specified by the regulatory authority,
for every week the mobile establishment is in operation. Additional
inspections of the food establishment shall be performed as often
as necessary for the enforcement of these rules.
(b)
Access to premises and records.
Agents of the regulatory
authority, after proper identification, shall be permitted to enter
any food establishment at any reasonable time for the purpose of making
inspections to determine compliance with these rules. The agents shall
be permitted to examine the records of the establishments to obtain
information pertaining to food and supplies purchased, received, or
used, or to persons employed.
(c)
Report of inspection.
Whenever an inspection of a food
establishment or commissary is made, the findings shall be recorded
on an inspection report form approved by the regulatory authority.
(d)
Correction of violations.
(1)
The 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:
(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)
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.
(2)
The inspection report shall state that failure to comply with any
time limits for corrections may result in cessation of food 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 regulatory authority 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 the request.
(3)
Whenever a food establishment is required under the provisions of
this rule to cease operations, it shall not resume operations until
such time as a reinspection determines that the condition responsible
for cessation of operations no longer exists. Opportunity for reinspection
shall be offered within a reasonable time.
(Ordinance adopting 2024 Code)
Food may be examined or sampled by the regulatory authority
as often as necessary for enforcement of these rules. 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 is in violation. 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 days and
that if no hearing is requested the food shall be destroyed. A hearing
shall be held if 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 otherwise bring it into compliance with
the provisions of these rules.
(Ordinance adopting 2024 Code)
(a)
Submission of plans.
Whenever a food establishment is
constructed or extensively remodeled and 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 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 these rules. No food establishment shall be constructed,
extensively remodeled, or converted except in accordance with plans
and specifications approved by the regulatory authority.
(b)
Follow-up inspection.
In the case of additions, remodeling,
or conversions, after plans have been submitted and approved by the
regulatory authority, it must complete a follow-up inspection of the
new portion of the establishment prior to its use to determine compliance
with the requirements of these rules and with the approved plans and
specifications.
(Ordinance adopting 2024 Code)
When the regulatory authority has reasonable cause to suspect
the possibility of disease transmission from any food service establishment
employee, it may secure morbidity history of the suspected employee
or make any other investigation as may be 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 all food establishments;
(2)
The
immediate closing of the food 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 area of the establishment where there would be no danger of
transmitting disease;
(4)
Adequate
medical and laboratory examination of the employee, of other employees,
and of his and their body discharges.
(Ordinance adopting 2024 Code)
