(A) Right of Inspection. The Enforcement Authority shall make such inspections of Food Establishments as necessary to assure compliance with This Ordinance and the Rules. Inspection frequency shall be based on the risk category of each Food Establishment.
(1) The Enforcement Authority may make more frequent inspections of Food Establishments in response to citizen complaints regarding unsafe conditions or foodborne illness.
(2) At the conclusion of each inspection, a copy of the inspection report shall immediately be furnished to the Permit Holder or Person In Charge of the Food Establishment indicating the degree of compliance or noncompliance with the provisions of the Food Code, This Ordinance, and other laws.
(3) The Permit Holder or Person In Charge of the Food Establishment may accompany the Enforcement Authority during the inspection.
(4) The Enforcement Authority shall be permitted to examine and obtain copies of the records of the Food Establishment, pertinent information related to Food source and supplies received, pest control records, and a list of Food Establishment employees and their training records.
(5) It is a civil penalty pursuant to § 9-6-20 of This Ordinance for any Person to molest or resist the Enforcement Authority in the discharge of its duties.
(B) Investigation of Foodborne Illness. The Enforcement Authority is authorized to make such inspections of buildings, premises, and documents as deemed necessary to investigate and abate foodborne illness or any violation of This Ordinance which poses a threat to human health. For the purpose of making such inspections, the Enforcement Authority is authorized to enter, examine, or survey at all reasonable times and take samples of Food for testing. Such entry shall be made in a manner as to minimize inconvenience to the Person In Charge. In the event entry is denied or resisted the Enforcement Authority shall seek an order for this purpose from a court of competent jurisdiction.
(C) Refusal of Entry. If entry of the Enforcement Authority is refused, after presentation of proper identification, to fully inspect any and all premises or facilities at any reasonable time, the Enforcement Authority may:
(1) Issue a Civil Penalty pursuant to § 9-6-20 of This Ordinance; and
(2) Proceed to obtain a search warrant by filing a complaint made before the Metropolitan Court or District Court upon oath or affirmation. The complaint shall:
(a) Set forth the particular building, premises, or portion thereof sought to be inspected;
(b) State that the owner or occupant of the building, premises, or portion thereof, has refused entry;
(c) State that inspection of the building, premises, or portion thereof is necessary to determine whether it complies with the requirements of § 9-6-1 et seq.;
(d) Set forth the particular provisions of § 9-6-1 et seq. sought to be enforced;
(e) Set forth any other reason necessitating the inspection, including knowledge or belief that a particular condition exists in the food establishment which constitutes a violation of § 9-6-1 et seq. or creates a hazard to human health;
(f) State that the complainant is authorized by the City to make the inspection.
(D) Grading of Food Establishments. The Enforcement Authority shall issue an appropriate score and associated Grade to each Food Establishment at the conclusion of each inspection.
(1) Every Food Establishment shall display, in a conspicuous location, which is readily visible to the public, a placard stating the Grade received at the time of the most recent inspection of the Food Establishment.
(E) Corrective Actions. Upon inspection, the Enforcement Authority shall provide the Permit Holder or Person In Charge with a written description of any corrective actions to be taken, outlining the timeframe in which corrective actions must be completed for any violation of This Ordinance or other laws.
(F) It is a civil penalty pursuant to § 9-6-20 of This Ordinance for any Person to threaten, intimidate, use violence, or use physical force to intentionally obstruct, impede, or interfere with any City employee while in the performance of the employee’s duties as authorized by This Ordinance.