(A) Frequency of inspection. At least once each 12 months, the Health Officer shall inspect each food market for which a permit is required under the provisions of this chapter.
(B) Procedure when violations noted. If, during the inspection of any food market, the Health Officer discovers the violation of any of the sanitation requirements in § 115.03, he or she shall issue a written order listing the 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 market shall abate and remedy the violations. A copy of the written order shall be filed with the records of the Health Department.
(C) Authority to inspect and to copy records. The person operating the food market shall, upon the request of the Health Officer, permit the Health Officer or his or her authorized representative access to all parts of the food market and shall permit the Health Officer or his or her authorized representative to collect evidence and/or exhibits and to copy any or all records relative to the enforcement of this chapter.
(D) Final inspection; prosecution or hearing for violators. If, upon a second and final inspection, the Health Officer finds that the food market, person or employee is violating any of the provisions of this chapter which were in violation of the previous inspection, and concerning which a written order was issued, the Health Officer shall 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 persona violating the provisions of this chapter, or the Health Officer may promptly issue a written order to the permitee of the food market 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 provisions of § 115.02(A) should not be revoked.
(E) Revocation of permit. The Health Officer, upon the hearing, if the permitee should fail to show cause, shall revoke the permit and promptly give written notice of the action to the permitee. The Health Officer shall maintain a permanent record of his or her proceedings filed in the office of the Health Department.
(F) Suspension of permit. Any permit issued under this chapter may be temporarily suspended by the Health Officer without written notice or hearing for a period of 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 or any of his or her authorized representatives in the performance of their duties; provided, however, that, upon written application from the permitee, 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 permitee; provided further that, any suspension order shall be issued by the Health Officer in writing and served upon the permitee by leaving a copy at his or her usual place of business or by delivery of registered or certified mail to the address.
(G) Reinstatement of permit. Any person whose permit has been suspended may, at any time, make application to the local Health Officer for the reinstatement of his or her permit.
(Ord. 10-1983, passed 12-12-1983)