Section F: Inspection of Food Operations

  1. Frequency of Inspection: Each retail food establishment and bed and breakfast for which a permit is required under the provisions of this ordinance shall be inspected at a frequency based on menu type and past compliance.
  2. Procedure when Violations are noted: If, during the inspection of any retail food establishment the authorized representative discovers the violation of any of the requirements in Section D, of this ordinance, he/she shall list on the narrative report section of the inspection form such violations, and serve a copy of the report to the operator or the person in charge and fix a time within which the operator or person in charge of the retail food establishment or bed and breakfast shall abate and remedy such violations. A copy of the narrative report shall be kept on record at the Health Department.
  3. Final Inspection: If, upon a subsequent inspection of a retail food establishment or bed and breakfast the regulatory authority finds that a retail food establishment, or bed and breakfast is violating any provisions of this ordinance which were found in violation during the pervious inspection, and concerning which a written order was issued the Regulatory Authority may issue a fine for each violation of this ordinance.
  4. Suspension of Permit: Any permit issued under this ordinance may be temporarily suspended by the Regulatory Authority without notice or hearing for a period of not to exceed 30 day, for any of the following reasons provided 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 by delivery. by registered or Certified Mail:
    1. Imminent health hazard or other conditions in which the Regulatory Authority's opinion endanger the public's health.
    2. Interference with the authorized representative in the performance of his/her duties.
    3. As a result of the willful and/or continuous violation of any provisions of this Ordinance.
  5. Reinstatement of Permit: Any person whose permit has been suspended may, at any time, make application to the Regulatory Authority for the reinstatement of his/her permit. The applicant shall submit written documentation with explanation why the permit should be reinstated and provide specific measures to be followed which will prevent the circumstances of suspension from recurring.
  6. Revocation of Permit: The Miami County Health Board, 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 the proceedings filed in the office of the Health Department.
Upon failure of any person maintaining or operating a retail food establishment and bed and breakfast, to comply with any order of the regulatory authority, it shall be the duty of the Regulatory Authority summarily to revoke the permit of the person and retail food establishment or bed and breakfast and to forbid the further sale or serving of food therein.