(A) Frequency of inspection. The Health Officer shall conduct periodic inspections of all retail food stores for which a permit is required; the frequency of inspections shall be at least each nine months.
(B) Authority to inspect and copy records. The person operating the retail food store shall, upon the request of the Health Officer, permit such Health Officer or his authorized representative access to all parts of such food market and shall permit the Health Officer or his authorized representative to collect evidence and/or exhibits and to copy any or all records relative to the enforcement of this subchapter.
(C) Procedure when violations noted. If during the inspection of any retail food store, the Health Officer discovers the violation of any of the sanitation requirements in § 110.23, he shall issue a written order listing such violations to the owner, or in his absence the person in charge and fixing a time within which the said owner shall abate and remedy such violations.
(D) Final inspection; prosecution or hearing for violators. If upon a second and final inspection, the Health Officer finds that such retail food store, person or employee is violating any of the provisions of this subchapter which were in violation on the previous inspection, and concerning which a written order was issued, the Health Officer shall furnish evidence to the prosecutor having jurisdiction in the county in which the violation occurs, and he shall prosecute all persons violating said provisions of this subchapter; or the Health Officer may promptly issue a written order to the permittee of such retail food store to appear at a certain time, no later than ten days from the final inspection, and at a place in said county, in said order to show cause why the permit issued under the provisions of § 110.22 should not be revoked.
(E) Revocation of permit. The Health Officer upon such hearing, if the permittee should fail to show cause, shall revoke said permit and promptly give written notice of such action to the permittee. The Health Officer shall maintain a permanent record of these proceedings filed in the office of the County Health Department.
(F) Suspension of permit. Any permit issued under this subchapter may be temporarily suspended by the Health Officer without notice or hearing for a period of not to exceed 30 days, for any of the following reasons:
(1) Insanitary or other conditions which in the opinion of the Health Officer endangers the health of the public;
(2) Interference with the Health Officer or any of his authorized representatives in the performance of their duties; provided, however, that upon written application from the permittee, served upon the Health Officer within 15 days after such 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 permittee. Any such suspension order shall be issued by the Health Officer in writing and served upon the permittee by leaving a copy of the order at his retail food store establishment or by delivery of registered or certified mail to such address.
(G) Reinstatement of permit. Any person whose permit has been suspended may at any time make application to the Health Officer for the reinstatement of his permit.
(BC Ord. 7-1986, passed 8-19-86)