A. Any of the following will result in the immediate closure of a food establishment when it presents an imminent health hazard:
1. Sewage back up in the food preparation, cleaning and sanitizing, or food service areas;
2. Failure to appropriately retain or dispose of sewage;
3. Interruption of electrical or water service for more than one hour;
4. Inability to maintain TCS foods at proper temperatures;
5. Lack of functional hand washing facilities;
6. Apparent onset of a foodborne illness outbreak;
7. Flooding;
8. Fire or activation of a fire suppression system;
9. Use of poisonous or toxic materials that results in contamination of food or food contact surfaces;
10. For fixed food and mobile food establishments, lack of hot water under pressure for more than twenty-four hours;
11. For a temporary, seasonal, or farmers market food establishment, a priority item violation that cannot be corrected during the department's inspection;
12. Any grossly unsanitary condition or circumstance that may endanger public health.
B. Violations that Result in Probationary Status.
1. Five or more priority or priority foundation violations during one inspection.
2. A pattern of non-compliance. For purposes of this section, a pattern of non-compliance means:
a. Three violations of a priority or priority foundation item in the same risk factor or intervention within five routine or re-inspections; or
b. Four violations of the same good retail practices within six routine or re-inspections.
3. Willfully obstructing or failing to cooperate with an inspection.
C. Within ten days of being placed on probationary status a food establishment must:
1. Correct all violations;
2. Provide a written corrective action plan showing, for each of the violations identified, the actions it will take or has taken to correct the violations and prevent future violations;
3. Register staff identified by the department to take a department-taught food service worker training at the food establishment's expense;
4. Pass a re-inspection; and
5. Pay a fine of one hundred ninety dollars for an initial probationary status or three hundred eighty dollars for a second probationary status within twelve months.
D. The operating permit of a food establishment that fails to satisfy the requirements in subsection C or otherwise receive a written accommodation from the department will be revoked. A food establishment whose operating permit has been revoked must obtain a new operating permit, and meet all current code requirements.
E. An owner who has an operating permit revoked more than two times during a three-year period is ineligible for a new operating permit.
F. Suspension and reinstatement of permits for temporary, seasonal or farmers market food establishments.
1. An operating permit will be suspended where priority or priority foundation violations are not corrected immediately.
2. The operating permit will be reinstated upon successful re-inspection by a health officer.
(Ord. 2016-12, § 2 (part), 2016)