(A) Frequency of inspection.
(1) Each food operation for which a permit is required under the provisions of this chapter shall be inspected annually or as often as deemed necessary by the health officer.
(2) The County Board of Health is to be notified immediately by the owner or operator and an inspection done by the health officer in the event of a fire, new ownership, extensive remodeling, natural disasters such as flood or tornado, or the operation reopening after having been temporarily closed. Upon receiving notice of this occurrence, the health officer shall take whatever action he or she deems necessary to protect the public health.
(B) Pre-opening inspection.
(1) The owner of a new operation for which a permit is required under the provisions of this chapter must contact the health officer to schedule a pre-opening inspection. A permit approval form will be issued after the pre-opening inspection only if the inspection score is 85 or above. The permit approval form must then be presented to the County Board of Health, along with the appropriate fee, and a permit will be issued at that time. A valid permit must be obtained and conspicuously posted on business premises before the owner may begin operation.
(2) The owner of any operation opening for business without first obtaining a valid permit may be subject to penalties established in § 110.99.
(C) Procedure when violations are noted.
(1) If, during the inspection of any food operation, the health officer discovers the violation of any of the requirements in § 110.04, he or she shall issue a written order listing such 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 operation shall abate and remedy such violations. A copy of the written order shall be filed with the records of the health department.
(2) In the case of a violation noted in a temporary food service establishment or seasonal food establishment, the health officer may order the immediate correction of the violation.
(D) Final inspection; prosecution or hearing for violators. If, upon a subsequent inspection, the health officer finds that a food operation, person or employee is violating any of the provisions of this chapter which were in violation on the previous inspection, and concerning which a written order was issued, and such reinspection was conducted after the time fixed in the order for abatement and remedy of the violation, the health officer may furnish evidence of the violation to the prosecutor having jurisdiction in the county in which the violation occurs, and he or she shall prosecute all persons violating the provisions of this chapter as permitted or required by law, or the health officer may promptly issue a written order to the permittee of the food operation to appear at a certain time, no later than ten days from the date of final inspection, and at a place in the county fixed in the order, to show cause why the permit issued under the provision of § 110.02 should not be revoked.
(E) Revocation of permit.
(1) The health officer 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. The health officer shall maintain a permanent record of the proceedings filed in the office of the health department.
(2) Upon failure of any person maintaining or operating a temporary food service establishment or seasonal food establishment to comply with any order of the health officer, it shall be the duty of the health officer summarily to revoke the permit of the person and establishment and to forbid the further sale or serving of food therein.
(F) Suspension of permit.
(1) Any permit issued under this chapter 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:
(a) Unsanitary or other conditions which in the health officer's opinion endanger the public's health; or
(b) Interference with the health officer in the performance of his or her duties.
(2) Provided, however, that upon written application from the permittee, 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 permittee; provided further, that any suspension order shall be issued by the health officer in writing and served upon the permittee by leaving a copy at his or her usual place of business or by delivery by registered or certified mail.
(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 or her permit.
(H) Probationary Periods.
(1) Any operation for which a permit is required under the provisions of this chapter is subject to periods of probation as follows:
(a) New operation - 30 days.
(b) Change of ownership - 30 days.
(c) Extensive remodeling - 30 days.
(d) Routine inspection score of 70 or below - 30 days.
(e) Routine inspection score of 60 or below - immediate cessation of operation and must attain a score of 85 or above to reopen.
(f) Reopening when following a cease order - 30 days.
(g) Reopening by same owner after having been closed for business (seasonal operations excluded) - 30 days.
(h) Year end rating score average below 75 - 30 days.
(i) Repeated violations of 4 and 5 point items in inspections - 15 to 30 days.
(j) Two consecutive rating scores below 75 - 15 to 30 days.
(k) Failure to submit plans prior to extensive remodeling - 15 to 30 days.
(l) Installation of non-acceptable equipment - 15 to 30 days.
(2) The health officer will visit the operation at the end of the probationary period to assess degree of compliance. If the operation has failed to meet compliance, the health officer, at his or her discretion, may either extend the probationary period or begin permit revocation proceedings. Any operation found satisfactory at the end of the probationary period will be issued a letter to that effect.
(BCC Ord. 1991-25A, passed 1-13-92) Penalty, see § 110.99