8.05.100 Inspection of retail establishments.
Each retail food establishment shall be inspected at a frequency based on menu type.
A. If, during the inspection of any retail food establishment, the regulatory authority discovers a violation of any of the requirements of this chapter, it shall issue a written narrative report listing such violations and a time for correction to the operator or person-in-charge, fixing a time within which the operator shall abate and remedy such violations. A copy of the written report shall be filed with the records of the regulatory authority.
B. If, upon the second inspection, the regulatory authority finds that a retail food establishment, person, or employee is violating any of the provisions of this chapter that are repeated from previous inspections, as noted on the inspection report with a time for a follow-up inspection, the regulatory authority will impose fines from the Indiana State Department of Health’s 410 IAC 7-23, Schedule of Civil Penalties.
C. If, upon the third inspection, the regulatory authority finds that a retail food establishment, person, or employee is violating any of the provisions of this chapter that are repeated from the previous inspection, as noted on the inspection report, the regulatory authority will furnish evidence of the violation to the Health Officer who will then impose fines from the Indiana State Department of Health’s 410 IAC 7-23, Schedule of Civil Penalties and place the retail food establishment on probation; or will issue a written order to the permittee of the retail food establishment to appear at a certain time, and at a place in the County fixed in the order, to show cause why the permit issued under the provision of JCC 8.05.060 should not be revoked and penalties be assessed according to JCC 8.05.120.
D. The regulatory authority upon a hearing, if the permittee should fail to show cause, may revoke the permit and promptly give written notice of the action to the permittee. The regulatory authority shall maintain a permanent record of his/her proceedings filed in the office of the local health department having jurisdiction.
E. Any permit issued under this chapter may be summarily suspended by the regulatory authority without written notice or hearing for a period not to exceed 30 days, for any of the following reasons:
1. Unsanitary or other conditions which, in the opinion of the regulatory authority, endanger the public’s health;
2. Interference with the regulatory authority or any authorized representative in the performance of its duties;
Provided, however, that upon written application from the permittee served upon the regulatory authority within 15 days after the suspension, the regulatory authority shall conduct a hearing upon the matter after giving at least five days’ written notice of the time, place, and purpose thereof to the suspended permittee; provided, further, that any suspension order shall be issued by the regulatory authority in writing and served upon the permittee by leaving a copy at his/her usual place of business or by delivery of registered or certified mail.
F. Any person whose permit has been suspended may at any time make application to the regulatory authority for the reinstatement of the permit. [Ord. 12-27-17B § 9; Ord. 9-6-00D § 10.]