(A) Inspection Frequency. The enforcement authority shall determine the frequency of inspections according to past compliance record of a food establishment and the risk presented to consumers by the menu items provided by the specific food establishment. The enforcement authority shall inspect each establishment at least twice annually and shall make reinspections as often as necessary for the enforcement of §§ 9-6-1-1 et seq.
(B) Access to Establishments. The enforcement authority, after proper identification, shall be permitted to enter, at any reasonable time, any food establishment within the city, for the purpose of making inspections to determine compliance with §§ 9-6-1-1 et seq. The operator or person in charge of the establishment shall be given an opportunity to accompany the enforcement authority during the inspection. The enforcement authority shall be permitted to examine the records of the establishment to obtain pertinent information related to food source and supplies purchased, received or used, and list of persons employed.
(C) Report of Inspections. Whenever an inspection of a food establishment is made, the findings shall be recorded on an Enforcement Authority Inspection Form. The Inspection Form Report shall summarize the requirements of §§ 9-6-1-1 et seq. The original copy of the Inspection Form Report shall be furnished to the person in charge of the establishment as soon as possible after the inspection. The inspection form shall be signed by both the enforcement authority and the person in charge. The completed Inspection Form Report is a public document that shall be made available for public disclosure at the enforcement authority's office to any person who requests it.
(D) Correction of Violations.
(1) The Inspection Form Report shall specify a specific and reasonable period of time for the correction of the violations found. Correction of the violations shall be accomplished within the period specified.
(a) If an imminent health hazard exists, such as complete lack of refrigeration or sewage back-up into the establishment, the establishment shall immediately cease operations. Operations shall not be resumed until authorized by the enforcement authority.
(b) In the case of temporary food-service establishments, all violations shall be corrected within a time period as specified by the enforcement authority. If the violations are not so corrected, the establishment shall immediately cease food-service operation.
(c) The Inspection Form Report shall state that failure to comply with any time limits for correction will require that the establishment be downgraded.
(d) Whenever a food establishment is required under the provisions of this division (D) to cease operations, it shall not resume operations until such time as a reinspection determines that conditions responsible for the requirements to cease operations no longer exist. A reinspection shall be made within three working days following the day on which it is requested.
(E) Service of Notice. Notices provided for under this division shall be deemed to have been properly served when the original of the Inspection Form Report or other written notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit holder. A copy of such notice shall be filed with the records of the enforcement authority.
(F) Grading of Establishments. Every food establishment in the city shall display, in a conspicuous location designated by the enforcement authority, and which is readily visible to the public, a placard stating the grade received at the time of the most recent inspection of the establishment. Grades of establishments shall be as follows:
(1) Approved. An establishment that is operated in compliance with the requirements of §§ 9-6-1-1 et seq as determined by the enforcement authority.
(2) Unsatisfactory. An establishment that is not operated in compliance with the requirements of §§ 9-6-1-1 et seq. as determined by the enforcement authority. "Unsatisfactory" is a temporary grade with a maximum duration of five working days. The permit holder must take appropriate corrective actions within the five working day period to avoid permit suspension. Upon completion of the corrective actions and within the five working day period, the permit holder may request a reinspection to determine if the appropriate corrective actions result in a grade of "Approved." The enforcement authority shall re-inspect within five working days of receipt of a request for reinspection and upgrade the establishment if appropriate. Failure to meet the standards for a grade of Approved within this period of time shall lead to immediate suspension of the establishment's operating permit. The permit holder of an establishment with a suspended permit, upon correcting all existing violations, may request, and provide proof of payment for, a second reinspection to determine compliance with §§ 9-6-1-1 et seq. The enforcement authority shall reinspect within five working days of receipt of a request for the second reinspection and upgrade the establishment if appropriate. Failure to meet the standards for a grade of Approved within this period of time shall result in the establishment remaining on permit suspension status, and lead to further enforcement action. Operating an establishment without a permit or under a suspended permit is subject to the penalty provisions of §§ 9-6-1-1 et seq. The enforcement authority may require the food establishment operator, person in charge, or other employees to attend approved food safety training.
('74 Code, § 6-25-11) (Ord. 67- 1978; Am. Ord. 14-1983; Am. Ord. 18-1983; Am. Ord. 9-1988; Am. Ord. 20-2010; Am. Ord. 2022-028)