(A) Frequency of inspection. At least once each six months, the Health Officer shall inspect each retail food operation for which a permit is required under the provisions of this subchapter.
(B) Procedure when violations are noted. If during the inspection of any retail food operation the Health Officer discovers the violation of any of the requirements in § 110.03 of this code, 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 retail food establishment shall abate and remedy such violations. A copy of the written order shall be filed with the records of the Health Department.
(C) Final inspection; prosecution or hearing for violators. If upon a second and final inspection, the Health Officer finds that a retail food operation, 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 prosecutor having jurisdiction in the county in which the violation occurs, and he or she shall prosecute all persons violating the provisions of this subchapter; or the Health Officer may promptly issue a written order to the permittee of the retail 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 § 110.01 of this code should not be revoked.
(D) Revocation of permit. 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 his or her proceedings filed in the office of the Health Department.
(E) Suspension of permit. Any permit issued under this subchapter may be temporarily suspended by the Health Officer 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 Health Officer’s opinion endanger the public’s health; or
(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 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 of registered or certified mail.
(F) 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.
(Ord. 96-5-1, passed 5-21-1996) Penalty, see § 110.99