(A) (1) Frequency of inspection. At least twice in a 12-month period, the Health Officer shall inspect each food service establishment and food market for which a license is required under provisions of this chapter. More frequent inspections may be made when the Health Officer deems necessary.
(2) Procedure when violations noted. If, during the inspection of any food service establishment or food market, the Health Officer discovers the violation of any of the requirements of this chapter, he or she shall issue a written order listing the violations to the proprietor or, in his or her absence, to the person in charge and fixing a time within which the proprietor of the food service establishment or food market shall abate and remedy the violations. A copy of the written order shall be filed with the records of the Health Department.
(3) Authority to inspect and copy records. The person operating the food service establishment or food market shall upon the request of the Health Officer, permit the Health Officer or his or her authorized representative access to all parts of the food service establishment or food market and shall permit the Health Officer or his or her authorized representative to collect evidence and/or exhibit and to copy any or all records relative to the enforcement of this chapter.
(4) Final inspection/prosecution or hearing for violators. If, upon a second and final inspection, the Health Officer finds that the food service establishment, food market, person or employee is violating any of the provisions of this chapter which were in violation on the previous inspection and for which a written order was issued, the Health Officer shall furnish evidence of the violation to the County Attorney who shall pursue all persons violating the provisions of this chapter; or the Health Officer may promptly issue a written order to the licensee of the food service establishment to appear at a certain time no later than ten days from the date of final inspection and at a place fixed in the order to show cause why the license issued under the provision of § 110.02 should not be revoked.
(5) Revocation of license. The Health Officer upon the hearing if the licensee should fail to show cause, shall revoke the license and promptly give written notice of the action to the licensee. The Health Officer shall maintain a permanent record of his or her proceedings filed in the office of the Health Department.
(6) Suspension of license. Any license issued under this chapter may be temporarily suspended by the Health Officer without notice or hearing for a period not to exceed 30 days for any of the following reasons:
(a) Unsanitary or other conditions which, in the Health Officer's opinion, endanger the public's health; or
(b) Interference with the Health Officer or any of his or her authorized representatives in the performance of their duties; provided, however, that, upon written application from the licensee, served upon the Health Officer within 15 days after the suspension, the Health Officer shall conduct a hearing upon the matter after giving at least five days written notice of the time, place and purpose thereof to the suspended licensee; provided further that, any suspension order shall be issued by the Health Officer in writing and served upon the licensee by leaving a copy at his or her usual place of business or by delivery of registered or certified mail to the address.
(7) Reinstatement of permit. Any person whose license has been suspended may, at any time, make application to the Health Officer for the reinstatement of his or her license.
(Prior Code, § 3-40)
(B) (1) Procedure to follow when any violation noted. If, during the inspection of any temporary food service establishment or temporary food market, the Health Officer discovers the violation of any of the requirements of this chapter, he or she shall order the immediate correction of the violation.
(2) Authority to inspect and to copy records. The person operating the temporary food service establishment or temporary food market shall, upon the request of the Health Officer, permit the Health Officer access to all parts of the temporary food service establishment or temporary food market and permit collection of evidence and/or exhibits and copying of any or all records relative to the enforcement of this chapter.
(3) Revocation of permit and penalties for continued operation. Upon failure of any person maintaining or operating a temporary food service establishment or temporary food market to comply with any order of the Health Officer, it shall be the duty of the Health Officer summarily to revoke the license of the person, establishment or market and to forbid the further sale or serving of food therein. Any person continuing to sell or serve food in the temporary food service establishment, or temporary food market, the license of which has been revoked, shall be subject to the penalties in § 110.99.
(Prior Code, § 3-41)
(Ord. 1992-10, passed 7-27-1992) Penalty, see § 110.99