(A) At least once each 12 months the Health Officer shall inspect each food service establishment for which a permit is required under the provisions of this subchapter. However, the Health Officer may make more than the required number of inspections.
(B) If, during the inspection of any food service establishment, the Health Officer discovers the violation of any of the sanitation requirements in § 91.18, he or she shall issue a written order listing the violations to the operator or, in his or her absence, to the person in charge, and fixing a time within which the operator shall abate and remedy the violations. A copy of the written order shall be filed with the records of the County Health Department.
(C) If, upon a second and final inspection, the Health Officer finds that the food service establishment, 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 of the violation to the County Prosecutor, and the Prosecutor shall prosecute all persons violating the provisions of this subchapter.
(D) Any permit issued under this subchapter may be revoked by the Health Officer for any of the following reasons:
(1) Food service establishments obtaining a score of 60 or below upon inspection will be ordered to close immediately, will have their permit revoked, and will not be allowed to reopen until a score of 70 or above can be achieved, with no major violations. A warning sign shall be posted by the Health Officer at the entrance of the food service establishment indicating the violations and, if removed, carrying a fine for each day of removal;
(2) If, upon inspection, there are major violations that could result in an eminent health hazard to the public; and/or
(3) If, upon follow-up inspection, violations noted on the previous inspection have not been corrected to the satisfaction of the Health Officer.
(E) Any permit issued under this subchapter may be temporarily suspended by the Health Officer for a period not to exceed 30 days for any of the following reasons:
(1) Unsanitary or other conditions which in the Health Officer’s opinion endangers the public’s health;
(2) Interference with the Health Officer in the performance of his or her duties; and/or
(3) If, upon inspection, a score of 70 or below is received. A warning sign shall be posted by the Health Officer at the entrance of the food service establishment indicating the violations and, if removed, carrying a fine for each day of removal.
(F) Any permit revoked or suspended under the provisions of this subchapter must meet the following criteria before the permit can be reinstated:
(1) All immediate serious health violations have been corrected, including major violations that have been assigned a fixed time period;
(2) Any penalty fees, as required by this subchapter, have been paid; and
(3) Proper application has been made to the Health Officer by the operator for reinstatement of the permit.
(G) The operator of the food service establishment or temporary food service establishment whose permit has been revoked or suspended under the provisions of this subchapter shall have the right to appeal the decision. The operator shall submit a written request to the Health Officer, within 15 days after the revocation or suspension, and shall state his or her reasons for the request. Upon receipt of this request, the Health Officer shall conduct a hearing on the matter after giving at least five days written notice of the time, place and purpose thereof to the operator. If, upon the hearing, the operator should fail to show just cause, the revocation or suspension of the permit shall remain in effect, and the Health Officer shall issue a written order to the operator stating the revocation or suspension. This order shall be served upon the operator by leaving a copy at his or her usual place of business, or by delivery of registered or certified mail to the business address.
(’86 Code, § 4-84) (Ord. 1989-5B, passed 6-14-89) Penalty, see § 10.99