PERMITS, LICENSES OR CERTIFICATES

10-101 General.
No person  shall operate a food service establishment who does not have a valid permit, license or certificate issued to him by the regulatory authority.  Only a person who complies with the requirements of this ordinance shall be entitles to receive or retain such a permit, license or certificate.  Permits, licenses or certificates are not transferable.  A valid permit, license or certificate shall be posted in every food service establishment.

10-102 Issuance of permit, license or certificate.
(a) Any person desiring to operate a food service establishment shall make written application for a permit, license or certificate on forms provided by the regulatory authority.  Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment, and the signature of applicant.
(b) Prior to approval of an application for a permit, license or certificate, the regulatory authority shall inspect the proposed food service establishment to determine compliance with the requirements of this ordinance.
(c) The regulatory authority shall issue a permit, license or certificate to the applicant if its inspection reveals that the proposed food service establishment complies with the requirements of this ordinance.

10-103 Suspension of permit, license or certificate.
(a) The regulatory authority may, without warning, notice or hearing suspend any permit, license or certificate to operate a food service establishment if the holder of the permit, license or certificate does not comply with the requirements of this ordinance, or if the operation of the establishment otherwise constitutes a substantial hazard to the public health.  Suspension is effective upon service of the notice required by section 10-103(b) of this ordinance.  When a permit, license or certificate is suspended, food service operations shall immediately cease.  Whenever a permit, license or certificate is suspended, the holder of the permit, license or certificate shall be afforded an opportunity for hearing within 20 days of receipt of a request for hearing.
(b) Whenever a permit, license or certificate is suspended, the holder of the permit, license or certificate, or the person in charge shall be notified in writing that the permit, license or certificate is, upon service of the notice, immediately suspended and that an opportunity for hearing will be provided if a written request for hearing is filed with the regulatory authority by the holder of the permit, license or certificate within 10 days.  If no written request is filed within 10 days, the suspension is sustained.  The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.

10-104 Revocation of permit, license or certificate.
(a) The regulatory authority may, after providing opportunity for hearing, revoke a permit, license or certificate for serious or repeated violations of any of the requirements of this ordinance or for interference with the regulatory authority in the performance of duty.
(b) Prior to revocation, the regulatory authority shall notify, in writing, the holder of the permit, license or certificate, or the person in charge, of the specific reason(s) for which the permit, license or certificate is to be revoked and that the permit, license or certificate shall be revoked at the end of the 10 days following service of such notice unless a written request for hearing is filed with the regulatory authority by the holder of the permit, license or certificate within such 10-day period.  If no request for hearing is filed within the 10-day period, the revocation of the permit, license or certificate becomes final.

10-105 Service of notices.
A notice provided for in this ordinance is properly served when it is delivered to the holder of the permit, license or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license or certificate.  A copy of the notice shall be filed in the records of the regulatory authority.

10-106 Hearings.
The hearings provided for in this ordinance shall be conducted by the regulatory authority at a time and place designated by it.  Any oral testimony given at the hearing shall be reported verbatim, and the presiding officer shall make provision for sufficient copies of the transcript.  The regulatory authority shall make a final finding based upon the complete hearing record and shall sustain, modify or rescind any notice or order considered in the hearing.  A written report of the hearing decision shall be furnished to the holder of the permit, license or certificate by the regulatory authority.

10-107 Application after revocation.
Whenever a revocation of a permit, license or certificate has become final, the holder of the revoked permit, license or certificate may make written application of a new permit, license or certificate.
 

INSPECTIONS

10-201 Inspection frequency.
An inspection of a food service establishment shall be performed at least every 6 months.  Additional inspections of the food service establishment shall be performed as often as necessary for the enforcement of this ordinance.

10-202 Access.
Representatives of the regulatory authority, after proper identification, shall be permitted to enter any food service establishment at any reasonable time for the purpose of making inspections to determine compliance with this ordinance.  The representatives shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received or used.

10-203 Report of inspections.
Whenever an inspection of a food service establishment or commissary is made, the findings shall be recorded on the inspection report form set out in section 10-205 of this ordinance.  The inspection report form shall summarize the requirements of this ordinance and and shall set forth a weighted point value for each requirement.  Inspectional remarks shall be written to reference, by section umber, the section violated and shall state the correction to be made.  The rating score of the establishment shall be the total of the weighted point values for all violations, subtracted from 100.  A copy of the completed inspection report form shall be furnished to the person in charge of the establishment at the conclusion of the inspection.  The completed inspection report form is a public document that shall be made available for public disclosure to any person who requests it according to law.

10-204 Correction of violations.
(a) The completed inspection report form shall specify a reasonable period of time for the correction of the violations found; and correction of the violations shall be accomplished within the period specified, in accordance with the following provisions:
(1) If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup into the establishment, the establishment shall immediately cease food service operations.  Operations shall not be resumed until authorized by the regulatory authority.
(2) All violations of 4- or 5-point weighted items shall be corrected as soon as possible, but in any event, within 10 days following inspection.  Within 15 days after the inspection, the holder of the permit, license or certificate shall submit a written report to the regulatory authority stating that the 4- or 5- point weighted violations have been corrected. A follow-up inspection shall be conducted to confirm correction.
(3) All 1- or 2- point weighted items shall be corrected as soon as possible, but in any event, by the time of the next routine inspection.
(4) When the rating score of the establishment is less than 60, the establishment shall initiate corrective action on all identified violations within 48 hours.  One or more reinspections will be conducted at reasonable time intervals to assure correction.
(5) In the case of temporary food service establishments, all violations shall be corrected within 24 hours.  If violations are not corrected within 24 hours, the establishment shall immediately cease food service operations until authorized to resume by the regulatory authority.
(b) The inspection report shall state that failure to comply with any time limits for corrections may result in the cessation of food service operations.  An opportunity for hearing on the inspection findings or the time limitations or both will be provided if a written request is filed with the regulatory authority within 10 days following cessation of operations.  If a request for hearing is received, a hearing shall be held within 20 days of receipt of the request.
(c) Whenever a food service establishment is required under the provisions of 10-204 to cease operations, it shall not resume operations until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist.  Opportunity for reinspection shall be offered within a reasonable time.

10-205 Inspection report form FD 2420 (5/78).
See Appendix E.  (Omitted)
 

EXAMINATION AND CONDEMNATION OF FOOD

10-301 General.
Food may be examined or sampled by the regulatory authority as often as necessary for enforcement of this ordinance.  The regulatory authority may, upon written notice to the owner or person in charge, specifying with particularity the reasons therefor, place a hold order on any food which it believes is in violation of sections 2-101, 2-102 or any other section of this ordinance.  The regulatory authority shall tag, label or otherwise identify any food subject to the hold order.  No food subject to a hold order shall be used, served or moved from the establishment.  The regulatory authority shall permit storage of the food under conditions specified in the hold order, unless storage is not possible without risk to the public health, in which case immediate destruction shall be ordered and accomplished.  The hold order shall state that a request for hearing may be filed within 10 days and that if no hearing is requested the food shall be destroyed.  If a request for hearing is received, the hearing shall be held within 20 days after receipt of the request.  On the basis of evidence produced at that hearing, the hold order may be vacated, or the owner or person in charge of the food may be directed by written order to denature or destroy such food or to bring it into compliance with the provisions of this ordinance.
 

REVIEW OF PLANS

10-401 Submission of plans.
Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the regulatory authority for review and approval before construction, remodeling or conversion is begun.  The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction materials of work areas, and the type and model of proposed fixed equipment and facilities.  The regulatory authority shall approve the plans and specifications if they meet the requirements of this ordinance.  No food service establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specification approved by the regulatory authority.

10-402 Pre-operational inspection.
Whenever plans and specifications are required by section 10-401 of this ordinance to be submitted to the regulatory authority, the regulatory authority shall inspect the food service facility prior to the start of operations, to determine compliance with the approved plans and specifications and with the requirements of this ordinance.
 

PROCEDURES WHEN INFECTION IS SUSPECTED

10-501 General.
When the regulatory authority has reasonable cause to suspect possible disease transmission by an employee of a food service establishment, it may secure a morbidity history of the suspected employee or make any other investigation as indicated and shall take appropriate action.  The regulatory authority may require any or all of the following measures:
(a) The immediate exclusion of the employee from employment in food service establishments;
(b) The immediate closing of the food service establishment concerned until, in the opinion of the regulatory authority, no further danger of disease outbreak exists;
(c) Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease;
(d) Adequate medical and laboratory examination of the employee and of other employees and of his and their body discharges.
 

REMEDIES

10-601 Penalties.
Any person (or responsible officer of that person) who violates a provision of this ordinance and any person (or responsible officer of that person) who is the holder of a permit, license or certificate or who otherwise operates a food service establishment that does not comply with the requirements of this ordinance, shall be imprisoned for not more than 6 months or fined not more than $3,000 or both.

10-602 Injunctions.
The regulatory authority may seek to enjoin violations of this ordinance.
 

_________________________________
*  Food Service Sanitation Manual, U.S. Department of Health Education and Welfare (now Health and Human Services), Public Health Service, Food and Drug Administration, Washington DC, 1976.