(A) Inspection Frequency. The enforcement authority shall determine the frequency of inspections according to past compliance records of a food establishment and the risk presented to consumers by the food items provided by the specific food establishment. The enforcement authority shall inspect each establishment at least once annually and shall make as many reinspections as are necessary for the enforcement of §§ 9-6-2-1 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 §§ 9-6-2-1 et seq. The operator or person in charge of the establishment shall be given an opportunity to accompany the enforcement representative on his 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 report form shall summarize the requirements of §§ 9-6-2-1 et seq. and shall set forth a weighted point value for each requirement. The original copy of the inspection report form 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 report form 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. The inspection report form shall specify a reasonable period of time for the correction of the violations found. Correction of the violations shall be accomplished within the period specified.
(1) 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.
(2) The report of inspection shall state that failure to comply with any time limits for corrections will require that the establishment be downgraded.
(3) 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 Notices. Notices provided for under this division shall be deemed to have been properly served when the original of the inspection report form 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 place 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 §§
9-6-2-1
et seq.
(2) Unsatisfactory. An establishment having two consecutive violations of the same 4 or 5 point item and/or four consecutive violations of the same 1 or 2 point item, and/or four or more violations of 4 or 5 point items during any one inspection. "Unsatisfactory" is a temporary grade with a maximum of ten days duration; failure to meet the standards for a higher grade within this period of time shall lead to immediate suspension of the establishment's operating permit. Immediately following each inspection, the enforcement authority shall post the appropriate grade based upon the inspection findings, and shall issue an appropriate notice to the operator. The permit holder or operator of any establishment, the grade of which has been lowered may, upon correcting all violations, request an inspection for the purpose of regrading the establishment. The enforcement authority shall, within five working days following receipt of a request for reinspection, make an inspection and thereafter as many additional inspections as may be deemed necessary to assure that the applicant is complying with the higher grade requirements; and, if the findings include compliance, shall award the higher grade. The enforcement authority may require the establishment operator, or his management designee, to attend an approved food service seminar.
('74 Code, § 6-26-11) (Ord. 70-1978; Am. Ord. 13-1983; Am. Ord. 10-1988; Am. Ord. 2022-027)