§ 8.7.020. Closure.

A.

The Health Authority may close a Wholesale Food Establishment operation under any of the following circumstances:

1.

If a foodborne illness outbreak is likely associated with the Wholesale Food Establishment and the Health Officer deems that closure is necessary to protect public health and/or correct the circumstances contributing to the outbreak;

2.

If a Priority Item is in violation which creates an imminent or present danger to public health and is not corrected immediately to the satisfaction of the Health Authority;

3.

When a follow-up inspection of a Wholesale Food Establishment operation yields two or more of the same priority item violations noted on a previous inspection and the establishment has been notified that closure may be a consequence of noncompliance as described in this section; or

4.

When a Wholesale Food Establishment operates without a valid license.

B.

Operation of a Wholesale Food Establishment which has been closed by the Health Authority is a violation of this Chapter.

C.

Before the Heath Authority closes a Wholesale Food Establishment because of repeat priority item violations, the Health Authority shall notify the establishment in writing that it may be closed to the public and a closure notice placed at each customer entrance, if two (2) or more of the same priority item violations remain on a follow-up inspection conducted within ten (10) business days.

D.

Upon closure of a Wholesale Food Establishment for any reason pursuant to this Chapter:

1.

The Health Authority shall serve a written explanation of the reasons for closure and a copy of any applicable inspection forms to the operator or agent of the establishment;

2.

The closure order is effective upon service, and no new customers may be served or sold any products;

3.

A conspicuous notice of closure shall be posted at each customer entrance of the establishment by POST certified law enforcement or the Health Authority; and

4.

The notice may only be removed or altered under the direction of the Health Authority.

E.

Upon closure of an establishment pursuant to this Chapter, it may be reopened after twenty-four (24) hours if:

1.

The operator or agent submits a written plan of correction to the Health Authority specifying the corrections to be made and time parameters for completion;

2.

The Health Authority approves the plan of correction;

3.

The Health Authority inspects the establishment and determines that the approved plan of correction is being followed; and

4.

The notice of closure previously posted is removed by, or under the direction of, the Health Authority.

F.

An establishment may be reopened pursuant to this Chapter sooner than twenty-four (24) hours after closure, if following an administrative hearing conducted by the Health Authority, it is determined that all provisions of subsection (E) of this section are satisfied.

G.

Once an establishment or operation is re-opened pursuant to this Chapter:

1.

The Health Authority shall conduct additional inspections as deemed necessary to evaluate whether the plan of correction is being performed and whether any priority item violations exist;

2.

The Health Authority may require an operator to modify a plan of correction; and

3.

An establishment may be closed pursuant to this chapter again if:

i.

Any violations of this Chapter exist; or

ii.

The plan of correction is not being performed.

(Ord. 3181, 2018)