(A) Every retail food establishment may be inspected at a frequency based on its menu type according to the retail food establishment inspection report state form 48669(R/4-00).
(B) If, during the inspection of any retail food establishment, the Health Officer or his or her representative, discovers the violation of any of the requirements of this subchapter, it shall issue a written narrative report listing the violations and a time for correction to the operator or person in charge and at a time of no more than 14 consecutive days within which the operator or person in charge shall abate and remedy the violations. A copy of the written report shall be filed with the records of the Food Inspection Division, in the City Health Department.
(C) If, upon a follow-up inspection, the Health Officer or his or her representative, finds that a retail food establishment, a person, or employee is violating any of the provisions of this subchapter that are repeated from the previous inspection, as noted on the inspection report, shall furnish evidence of the violation to the prosecutor having jurisdiction in the city, and he or she shall prosecute all persons violating the provisions of this subchapter or the Health Officer and/or his or her representative may promptly issue a written order to the permittee of the retail food establishment no later than ten business days from the follow-up inspection to show cause why the permit issued under the provision of § 112.020 should not be revoked and penalties assessed according to § 10.999.
(D) (1) The Health Officer and/or his or her representative upon a hearing, if the permittee should fail to show cause, may revoke the permit and promptly give written notice of the action to the permittee.
(2) The Health Officer and/or his or her representative shall maintain a permanent record of his or her proceedings filed in the office of the local Health Department.
(E) Any permit issued under this subchapter may be summarily suspended by the Health Officer and/or his or her representative without notice or hearing for a period not to exceed 30 days, for any of the following reasons:
(1) Insanitary or other conditions which, in the opinion of the Health Officer and/or his or her representative, endanger the public’s health; and/or
(2) Interference with the Health Officer or any authorized representative in the performance of his or her duties, provided, however, that upon written application from the permittee, served upon the Health Officer within 15 days after the suspension, the Health Authority 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, provided, further, that any suspension order shall be issued by the health authority in writing and served upon the permittee by leaving a copy at his or her usual place of business or by delivery of registered or certified mail.
(F) Any person whose permit has been suspended at any time within 90 days may make application to the health authority for the reinstatement of the permit. After 90 days, the permit shall be null and void, at which time a new permit application must be submitted.
(Prior Code, § 114.23) (Ord. 0-01-0004, passed 2-12-2001) Penalty, see § 10.999