(A) No existing food establishment, as defined in this chapter, shall be sold or otherwise undergo a transfer of ownership unless the seller furnishes the buyer or prospective new owner or operator with a report of the pre-sale inspection, that report to be provided no more than sixty (60) days prior to the sale or transfer of ownership of the business but no later than the day of the sale or transfer of ownership.
(1) The pre-sale inspection shall be based on an inspection, performed by the Regulatory Authority, of all food supplies, equipment and utensils, and sanitary facilities as defined in this code of ordinances or any other applicable code(s) adopted by reference herein.
(2) The report shall list all prior violations, if any, and all necessary corrections needed to bring the facility into compliance with applicable sanitary rules and regulations of the Village.
(3) The request for a pre-sale inspection must be made by the seller or seller's agent at least sixty (60) days prior to the scheduled sale or transfer of ownership.
(B) A sale, for the purpose of this section, includes contract sales, exchanges and transfers of possession or control of a food establishment. Any person participating in such a sale in violation of this section, either as a seller or by receipt of a sales commission in conjunction therewith shall be deemed in violation hereof and be subject to penalties as provided this code.
(C) Any contract executed in violation of this section shall be voidable by the buyer.
(D) Nothing herein shall relieve the buyer of complying with this section or other applicable provisions of this code.
('73 Code, § 14-50) (Ord. 87-1647, passed 4-2- 87; Am. Ord. 11-2849, passed 11-22-11; Am. Ord. 18-4076, passed 7-19-18)