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(a) The Director of Public Health may suspend or revoke a food license upon determining that the license holder is in violation of any requirement of RC Chapter 3717 or the rules adopted thereunder, which are applicable to retail food establishments and food service operations, including a violation evidenced by the documented failure to maintain sanitary conditions within the operation.
(b) Except in the case of a violation that presents an immediate danger to the public health, prior to initiating an action to suspend or revoke a food license, the Director of Public Health shall give the license holder written notice specifying each violation and a reasonable time within which each violation must be corrected to avoid suspension or revocation of the license. The Director of Public Health, and/or authorized employee, may extend the time specified in the notice for correcting a violation if the license holder, in the sole discretion and determination of the Director of Public Health, is making a good faith effort to correct the alleged violation. If the license holder fails to correct the violation in the time granted by the Director of Public Health, and/or authorized employee, the Director of Public Health, and/or authorized employee, may initiate an action to suspend or revoke the food license by giving the license holder written notice of the proposed suspension or revocation.
(c) In the case of a violation that presents an immediate danger to the public health, the Director of Public Health may issue an immediate order of suspension or revocation of a food license without giving written notice or affording the license holder the opportunity to correct the violation.
(d) The license holder may appeal the proposed suspension or revocation of a food license or the immediate order of suspension or revocation of a food license as provided in RC 3717.29 and 3717.49 and in conformance with the rules of procedure adopted thereunder. In such cases, the Director of Public Health is charged with presiding over the hearing and is authorized to render a decision denying, suspending or revoking a license, or rendering a decision to dissolve or continue an issued suspension. A food license can be suspended for a period up to thirty (30) days.
(e) A mobile food shop permit issued under Section 241.36 may be suspended or revoked by the Commissioner of Assessments and Licenses for violations of Sections 241.37 and/or 241.38. The permittee or applicant may appeal a suspension, revocation, or disapproval of a permit to the Commissioner of Assessments and Licenses within twenty (20) days of the date of notice of suspension, revocation, or disapproval. The permittee or applicant may appeal the Commissioner's decision to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Board within ten (10) days from the date of the written decision of the Commissioner.
(f) If a food license has been revoked due to a violation of any of the laws set forth in this chapter, then such food shop may not reapply for a license or permit to operate such a business at the same location for a period of six (6) months after the date of revocation.
(Ord. No. 507-15. Passed 7-22-15, eff. 7-27-15)
(a) At the completion of each standard inspection or reinspection of a licensed facility, the Cleveland Department of Public Health shall issue and deliver a public health information sign to the proprietor in accordance with the provisions of this chapter. The proprietor shall continually maintain and display the most recent public health information sign issued by the Cleveland Department of Public Health until a more recent public health information sign is issued by Cleveland Department of Public Health.
(b) The public health information sign shall designate whether the licensed facility is inspected and in compliance, inspected and in need of a follow-up inspection or in the enforcement process.
(c) The public health information sign which designates that a licensed facility is in compliance shall be the color green and shall have no critical violations and shall have the word "INSPECTED".
(d) The public health information sign which designates that a licensed facility is in the enforcement process shall be the color white if the facility has one (1) to four (4) uncorrected critical violations, yellow if the facility has five (5) or six (6) uncorrected critical violations, and red if the facility has seven (7) or more uncorrected critical violations or any critical issue(s) that pose(s) an imminent risk to public health, and shall have the words "INSPECTED" and "enforcement process".
(e) If the Cleveland Department of Public Health issues a red sign, the Department must notify the Council within one (1) week of issuing the red sign.
(Ord. No. 1298-16. Passed 11-21-16, eff. 11-23-16)
(a) No person shall fail to display the license or permit issued under this chapter in a conspicuous place upon the wall and close to the entrance of the premises where such business is conducted.
(b) No person shall fail to display the public health information sign issued by the Cleveland Department of Public Health in the most recent manner that is clearly visible to the general public and to patrons entering the licensed facility.
(c) Upon receipt of a public health information sign, the proprietor shall:
(1) Post the public health information sign in the front window of the establishment so as to be visible from outside and located within five (5) feet of the front door and not less than four (4) feet or more than six (6) feet from the floor; or posted in a display case which is mounted on the outside front wall of the establishment and located within five (5) feet of the front door and not less than four (4) feet or more than six (6) feet from the floor; or posted in a location as directed and determined at the discretion of the Cleveland Public Health Department to ensure proper notice to the general public and to patrons.
(2) In the event that the licensed facility is operated in the same building or space as another business, or in the event that a licensed facility shares a common patron entrance with another business, or in the event of both, the public health information sign shall, unless otherwise directed by the Cleveland Public Health Department, be posted in the initial patron contact area or in a location as directed and determined at the discretion of the Cleveland Public Health Department to ensure proper notice to the general public and to patrons.
(3) No proprietor shall cause or allow the public health information sign to be altered, defaced, marred, camouflaged, removed, duplicated, replaced or hidden from view.
(4) Continually maintain and display only the most recent public health information sign.
(d) Food vehicles shall display a public health information sign in accordance with division (b) of this section and display the name and address of the business on the side of such vehicle in letters at least two (2) inches high and shall have displayed the vehicle permit plate issued by the Commissioner of Assessments and Licenses.
(Ord. No. 507-15. Passed 7-22-15, eff. 1-1-16)
All buildings and portions of buildings in which food is prepared, stored or served shall be of rat-proof construction and insect and rodent free. When flies are prevalent, all openings to the outer air shall be effectively screened and doors shall be self-closing unless other effective means are provided to prevent their entrance.
(Ord. No. 2163-01. Passed 5-20-02, eff. 5-23-02)
The walls and ceilings of food shops shall be of smooth construction and easily cleanable material and shall be kept clean, in good repair and well-painted. Floors shall be of impervious material and smooth construction and shall be kept clean. Rooms where food is handled shall be well-ventilated and food preparation and utensil washing areas shall be adequately lighted and sufficient in size for their purpose.
(Ord. No. 2163-01. Passed 5-20-02, eff. 5-23-02)
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