Chapter 8.45 — FOOD FACILITY

Editor's note— ORD-26-0011 § 3(Exh. D), adopted May 5, 2026, repealed the former Ch. 8.45 §§ 8.45.010 —8.45.110, and enacted a new Ch. 8.45 as set out herein. The former Ch. 8.45 pertained to similar subject matter and derived from Ord. C-7581 § 1, 1998.

"Food facility inspection report" means the written notice prepared and issued by the City, Department of Health and Human Services, after conducting an inspection of a food facility or food operation to determine compliance with all applicable Federal, State and local statutes, orders, ordinances, quarantines, rules, regulations or directives relating to the public health.

(ORD-26-0011 § 3(Exh. D), 2026)

"Inspection summary report" means a report that shall be posted by the Health Officer or designee at a food facility upon completion of a routine inspection that indicates a summary of the findings contained in

the food facility inspection report as determined by the Health Officer or designee. Nothing in this provision shall prohibit the Health Officer or designee from immediately closing any food facility if, in his or her discretion, immediate closure is necessary to protect the public health.

(ORD-26-0011 § 3(Exh. D), 2026)

"Notice of closure" means a notice that may be posted by the Health Officer or designee at a food facility upon suspension or revocation of the establishment's public health permit and that results in the immediate closure of the facility and the discontinuance of all operations of the food facility, by order of the Health Officer or designee because of violations of applicable Federal, State and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

(ORD-26-0011 § 3(Exh. D), 2026)

"Routine inspection" means a periodic, unannounced inspection of any food facility to determine compliance with all applicable Federal, State and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A routine inspection shall not mean an inspection conducted by the Health Officer or designee to determine compliance with a previously issued food facility inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements.

(ORD-26-0011 § 3(Exh. D), 2026)

A.

Upon issuance by the Health Officer or designee, the Health Officer or designee shall post at every food facility the inspection summary report, as determined by the Health Officer or designee, so as to be conspicuous to the general public and to patrons entering or using the food facility. "Conspicuous to the general public and to patrons" shall mean:

Posted on the front door or in the front window of the facility within five feet (5') of the front door;

Posted in a display case mounted on the outside front wall of the facility within five feet (5') of the front door; or

Posted in a location as directed and determined in the discretion of the Health Officer or designee to ensure proper notice to the general public and to patrons.

B.

In the event that a food facility is operated in the same building or space as a separately licensed or permitted business, or in the event that a food facility shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the Health Officer or designee shall post the inspection summary report, in the initial patron contact area, or in a location as determined in the discretion of the Health Officer or designee.

C.

The inspection summary report shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food facility unless the inspection summary report is in place as set forth in this Section. Removal of the inspection summary report is a violation of this Chapter and may result in the suspension or revocation of the public health permit and may be punishable as specified in Section 8.45.100.

D.

The food facility inspection report upon which the inspection summary report is based and all subsequent reports issued by the Health Officer or designee shall be maintained at the food facility and shall be available to the general public and to patrons for review upon request. The food facility shall keep the food facility inspection report and all subsequent reports until such time as the Health Officer or designee completes the next routine inspection of the facility and issues a new food facility inspection report.

(ORD-26-0011 § 3(Exh. D), 2026)

The inspection summary report shall remain valid and posted until the Health Officer or designee completes the next routine inspection of the food facility.

(ORD-26-0011 § 3(Exh. D), 2026)

A.

Upon issuance of a written notice of suspension or revocation of the public health permit by the Health Officer or designee, the Health Officer or designee shall post a notice of closure at the food facility so as to be clearly visible to the general public and to patrons.

B.

Upon issuance of the written notice of suspension or revocation of the public health permit by the Health Officer or designee, the food facility shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of the Health Officer or designee or until the facility no longer operates as a food facility.

C.

The notice of closure shall remain posted until removed by the Health Officer or designee. Removal of the notice of closure by any person other than the Health Officer or designee or the refusal of a food facility to close upon issuance of the written notice of suspension of the public health permit is a violation of this Chapter and may result in the suspension or revocation of the food facility's public health permit and may be punishable as specified in Section 8.45.100.

(ORD-26-0011 § 3(Exh. D), 2026)

Notwithstanding any other provision of this Chapter, violation of this Chapter is punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the County jail for not more than six (6) months, or both. Each day during any portion of which any violation of any provision of this Chapter is committed, continued or permitted makes such violation a separate offense.

(ORD-26-0011 § 3(Exh. D), 2026)

If any provision of this Chapter or the application thereof to any person or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

(ORD-26-0011 § 3(Exh. D), 2026)