(A) Required; transfer prohibited; posting; temporary permits.
(1) It shall be unlawful for any person to operate a food establishment or retail food store within the city without a valid permit issued to him or her by the regulatory authority of the city. Only a person who complies with the provisions of this subchapter shall be entitled to receive and retain such a permit.
(2) Permits shall not be transferable from one person to another person or from one food establishment or retail food store to another such establishment or retail food store.
(3) A valid permit shall be posted in a conspicuous place in every food establishment and retail food store.
(4) Permits for temporary food service establishments shall be issued for a period of time not to exceed 14 days.
(B) Application; inspection by Health Department; issuance; fee.
(1) Application. Any person desiring to operate a food service establishment or retail food store within the city shall make a written application for such permit on forms to be provided by the city’s Health Department. Such application shall include the following information:
(a) The applicant’s full name, office address and telephone number, including the address and telephone of the home office, if any, and whether such applicant is an individual, firm or corporation; and, if a partnership, the names, addresses and telephone numbers of the general and/or limited partners;
(b) The location and type of food establishment or retail food store;
(c) The signature of the applicant or applicants; and
(d) If the application is for a temporary food service establishment, it shall include the inclusive dates of the proposed operation of such establishment.
(2) Inspections. Upon receipt of such application, the Health Department shall make an inspection of the food establishment or retail food store to determine compliance with the provisions of this subchapter. The Health Department may make such inspections thereafter as it shall deem necessary to ensure compliance with the provisions of this subchapter.
(3) Issuance; fee. When inspection by the Health Department reveals that the applicable requirements of this subchapter have been met, including the payment of a permit fee as required in this section, a permit shall be issued to the applicant by the Health Department. The annual permit fee to be paid by each applicant shall be as follows:
Food Establishment and Retail Food Store Permits
| |
1 - 10 employees | $100 |
11 or more employees | $150 |
Food/concessions stands not selling potentially hazardous foods | $50 |
(C) Suspension; reinstatement.
(1) Suspension. Permits may be suspended by the Health Department for failure to comply with the requirements of this subchapter.
(2) Non-compliance with notice. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this subchapter, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the City Manager by the permit holder.
(3) Reinstatement of permits. Any person whose permit has been suspended may, at any time, make application for re-inspection for the purpose of reinstatement of permit. Within 48 hours following receipt of a written request, including a statement signed by the applicant that, in his or her opinion, the conditions causing suspension of the permit have been corrected, the Health Department shall make a re-inspection. If the applicant is in compliance with the requirements of this subchapter, the permit shall be reinstated.
(D) Review of building permit applications.
(1) Whenever a food establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review before work is begun. Extensive remodeling means that 20% or greater of the area of the food establishment is to be remodeled. The plans and specifications shall indicate the proposed layout, equipment arrangement, mechanical plans and construction of materials or work areas and the type and model of proposed fixed equipment and facilities. The plans and specifications will be approved by the regulatory authority if they meet the requirements of the rules adopted by this subchapter. The approved plans and specifications must be followed in construction, remodeling or conversion.
(2) Failure to follow the approved plans and specifications will result in a building permit denial, suspension or revocation in accordance with the procedures under the Building Code.
(Ord. 2016-06, passed 8-16-2016; Ord. 2017-09, passed 6-14-2017) Penalty, see § 114.99