(A) Number of inspections. At least once every 6 months, the health officer shall inspect each food-service establishment, and shall make as many additional inspections and reinspections as shall be necessary for the enforcement of this chapter.
(B) Access to establishment.
(1) The health officer, after proper identification, shall be permitted to enter, at any reasonable time, any food-service establishment for the purpose of making inspections to determine compliance with this chapter. He shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies, and to persons employed.
(2) If the licensee refuses to permit the health officer to so inspect or examine after written notice to the licensee that the health officer will immediately suspend the license unless he is permitted forthwith to so inspect or examine, the health officer shall suspend the license immediately.
(C) Inspection report. Whenever the health officer makes an inspection of a food-service establishment, he shall record his findings on an inspection form provided for that purpose, which form is on file and available for inspection in the office of the city clerk. The original of the inspection shall be furnished to the licensee. A copy shall be filed with the records of the health officer.
(D) Certain violations found upon inspection.
(1) Whenever the health officer makes an inspection and finds a violation of any of the requirements of this chapter, he may make a second inspection after a lapse of whatever time he deems necessary for the correction of the violation.
(2) When a violation is found, the health officer shall notify the licensee of it by means of an inspection report form or other written notice. In the notice, the health officer shall:
(a) Set forth the specific violation found;
(b) Provide a specific and reasonable time for the correction of any violation found;
(c) State that failure to comply with the notice may result in immediate suspension of the license;
(d) State that an opportunity for appeal from the notice will be provided if a written request for a hearing is filed with the health officer within the period of time established in the notice for correction.
(3) A copy of the notice shall be filed with the records of the health officer.
(4) If upon a second inspection, made after the allotted time for compliance has elapsed, the health officer finds that the same violation has not been cured, the health officer may suspend the license immediately.
(5) Provided, that where the continued operation of a food-service establishment shall, in the judgment of the health officer, be a serious menace to public health because of any violation by the licensee of any provision of this chapter, the health officer shall, without a second inspection, immediately suspend the license. By means of the inspection report, or other notice, the health officer shall notify the licensee of the violation upon which he bases his judgment.
(E) Examination and condemnation of food.
(1) Food may be examined or sampled by the health officer as often as may be necessary to determine freedom from adulteration. The health officer may, upon written notice to the licensee, place a hold order on any food which he determines or has probable cause to believe to be unwholesome or otherwise adulterated or contaminated with foreign matter. Under a hold order, food shall be permitted to be suitably stored. It shall be unlawful for any person to remove or alter a hold order, notice, or tag placed on food by the health officer, and no such food shall be reprocessed, altered, disposed of, or destroyed without permission of the health officer, except on the order of a court of competent jurisdiction. The licensee may, if he so desires, file with the health officer, within 10 days from the issuance of the hold order, a written request for a hearing. After the licensee has had a hearing, and on the basis of evidence produced at the hearing, or on the basis of the health officer's examination in the event a written request for a hearing is not received within 10 days, the health officer may vacate the hold order, or may by written order direct the licensee to denature or destroy the food which was placed under the hold order to bring it into compliance with this chapter. However, the order of the health officer to denature or destroy the food or bring it into compliance with the provisions of this chapter shall be stayed if the order is appealed to a court of competent jurisdiction within 3 days.
(2) The health officer may suspend immediately the license of the licensee who, having received a written notice or order relating to the provision of this section, violates any requirements of this section to which the notice or order relates.
(F) Procedure when infection suspected.
(1) When the health officer has reasonable cause to suspect the possibility of disease transmission from any food-service establishment employee, the health officer shall secure a morbidity history of the suspected employee, or make such other investigation as may be indicated, and take the appropriate action. The health officer may require any and all of the following measures:
(a) The restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease or the immediate exclusion of the employee from the food-service establishment;
(b) The immediate closure of the food-service establishment concerned until, in the opinion of the health officer, no further danger of disease outbreak exists; and
(c) Adequate medical and laboratory examinations of the employee, or other employees, and of his or their bodily discharges.
(2) The health officer may suspend immediately the license of any licensee who, after written order given him by the health officer, fails or refuses to comply with the requirements set forth in (a) or (b) of this division, or who refuses to exclude from the food-service establishment any employee who does not cooperate in the investigation and examination provided by this division.
(G) Suspension of license pending revocation decision. When revocation proceedings are begun, the health officer shall suspend immediately the license concerned without any notice other than the written notice provided for in § 113.24 (J) (Revocation of license). The suspension shall continue in force and effect until a decision as to revocation has been made by the mayor in accordance with § 113.24 (J).
(H) Effectuation of suspension.
(1) The immediate suspension of a license by the health officer provided for under certain conditions herein shall become effective by the health officer notifying the licensee in writing:
(a) That upon service of the suspension notice, the licensee's license is immediately suspended;
(b) The reason for the suspension; and
(c) That an opportunity for a hearing will be provided if a written request if filed by the licensee with the health officer.
(2) Licenses suspended under these sections may be reinstated in accordance with the applicable provisions of this chapter.
(3) In the instance of the immediate suspension in connection with the decision of the mayor as to revocation, the suspension shall become effective upon the service of the notice provided for in § 113.24 (J) (1) and shall continue in effect until the decision has been made.
(4) In all instances, a licensee whose food-service establishment license is suspended shall not operate the establishment in question at any time during the period that the suspension is in effect.
(I) Reinstatement of suspended licenses. Any person whose license has been suspended, except one whose license has been suspended pending a decision as to revocation, may at any time make an application for a reinspection for the purpose of reinstatement of the license. Within 10 days following receipt of a written request, including a statement by the applicant that, in his opinion, the conditions causing suspension of the license have been corrected, the health officer shall make a reinspection. If the applicant is complying with the requirements of this chapter, the license shall be reinstated.
(J) Revocation of licenses. For serious or repeated violation of any of the requirements of this chapter, or for interference with the health officer in the performance of his duties, a license may be revoked by the mayor in accordance with the procedure set out below:
(1) The health officer shall notify the licensee in writing:
(a) Stating the reasons for which the license is subject to revocation;
(b) Stating that the licensee's license is immediately suspended and such suspension is in effect until a decision as to the revocation has been made by the mayor; and
(c) That unless the licensee files with the health officer within seven days from the service of this notice, a request for a hearing before the health officer, he or she will proceed to recommend to the mayor that the mayor revoke the licensee's license.
(2) If the licensee does not request a hearing within the time provided, the health officer shall forward his or her recommendation for revocation, together with the specific reasons why the license is subject to revocation, to the mayor for a decision.
(3) If the licensee requests a hearing within the time provided, the health officer shall conduct a hearing at a time and place designated by him or her, and the licensee shall be sent a notice, notifying him or her of the time and place.
(4) Based upon the record of the hearing, the health officer shall make a written finding of fact and a written recommendation to the mayor, and shall transmit to him or her, the record and findings and recommendation, for his or her decision.
(5) A written notice of the mayor's decision, containing his or her findings and determination, shall be furnished to the licensee.
(K) Hearings other than for revocation. The following shall apply to all hearings other than the one separately provided for in § 113.24 (J) above. All hearings shall be conducted by the health officer at a time and place designated by him or her, and the licensee shall be sent a notice in writing, notifying him or her of the time and place. Based upon the record of the hearing, the health officer shall make a written finding and shall sustain, modify, or rescind any official notice or order considered at the hearing. A written report of the hearing decision shall be furnished by the health officer to the licensee.
(L) Manner of service. Any written notice, report, order, or similar matter required to be served, delivered, given, sent, or furnished under the provisions of this chapter, to a licensee or a person in charge, shall be deemed to have been properly served, delivered, given, sent, or furnished when the same has been delivered personally to the licensee or person in charge of the food-service establishment, or the same has been sent by registered or certified mail, return receipt requested, addressed to the licensee at the address of the food-service establishment in question.
(M) Surrender of license upon suspension or revocation. Upon suspension or revocation of a license, the licensee shall forthwith surrender the license to the health officer, and if the licensee fails to do so, the health officer shall have the right to seize the license.
(Ord. O-45-74, passed 12-17-74)