Sec. 66-86. - Definitions; law incorporated by reference.

(a)

The provisions and definitions of F.S. chs. 381 and 386 and chapters 10D-13, 14 and 15 of the Florida Administrative Code regulating food service, processing and outlet establishments are incorporated by reference in this article as though set out fully herein.

(b)

For the purposes of this article and the provisions adopted by subsection (a) of this section, the word "manager" or "supervisor" shall mean the person on the premises of a "food establishment" with authority or the right to supervise food service employees or, in his absence, the person in charge of, or actually operating or cleaning any food processing, storing, preparation or serving area.

(Ord. No. 74-45, § 1)

Sec. 66-87. - Penalty.

Any person violating any provision of this article shall be guilty of a misdemeanor and punished as provided by law. If such a violation is continuing, each day's violation shall be a separate offense.

(Ord. No. 74-45, § 1)

State law reference— Penalty for ordinance violations, F.S. § 125.69.

Sec. 66-88. - Appeals.

(a)

Should any person be aggrieved by any provision or application of this article he shall first submit an appeal in writing to the board of county commissioners within ten calendar days stating his name, the name and location of the food establishment involved, the name of the manager and the nature of the appeal. The board may conduct a hearing after ten days' notice in writing to the owner or manager served by registered or certified mail. The aggrieved person may request and receive a hearing as early as reasonable to avoid unnecessary hardship.

(b)

After a hearing, the board may, by three votes, modify, suspend, confirm the action or take other action.

(Ord. No. 74-45, § 1)

Sec. 66-89. - Permit required; not transferable; revocation.

(a)

It shall be unlawful for any person to operate, or cause to be operated, a food service, processing or outlet establishment within the county, including any municipality therein, without:

(1)

Prominently displaying a current unrevoked food establishment permit issued to the establishment, in the name of the current owner, by the director of the county health department or his authorized representative (hereinafter referred to as "health director");

(2)

Full compliance by the food establishment with each provision of this article and the state law incorporated hereinabove; and

(3)

A manager, supervisor or other designated person upon the premises during food processing, preparation, service; and facilities, equipment and utensil cleaning.

(b)

No food establishment permit is transferable from any location to another.

(c)

The county tax collector shall require evidence of the appropriate food establishment permit prior to issue of an occupational license to process, prepare, serve or sell food.

(Ord. No. 74-45, § 1)

Sec. 66-90. - Permit application and issuance.

(a)

Application for a food establishment permit shall be made to, and upon forms furnished by, the county health director.

(b)

The county health director shall:

(1)

Cause an inspection to be made of the premises and determine that food establishment facilities, equipment and utensils are in compliance with state and county regulations.

(2)

Issue a food service, processing or outlet establishment permit, as applicable.

(Ord. No. 74-45, § 1)

Sec. 66-91. - Inspections.

(a)

The health director shall inspect food establishments at reasonable times as he may determine desirable to insure compliance with state and county food health laws. Notice after such inspections to the food establishment shall be by presenting a copy of the official notice of inspection to the manager, or other designated person, or in his absence a person operating the food area.

(b)

If a food establishment fails to substantially comply with health laws including chapters 10D-13, 14 and 15 of the Florida Administrative Code, the health director shall issue to the manager a notice of noncompliance and hearing before the food establishment review board.

(Ord. No. 74-45, § 1)

Sec. 66-92. - Food establishment review board.

(a)

Appointment. The board of county commissioners may by three affirmative votes appoint two members of the food industry and three members of the public not associated with the food industry to form a five-member food establishment review board, which by three affirmative votes shall select a chairman and vice-chairman. Each appointed member shall be a minimum of 21 years of age, a registered voter and resident of the county and not a convicted felon. An alternate member shall also be appointed, who shall vote at any regular or special meeting in the absence of an appointed member.

(b)

Term. Each term of appointment shall be for a period of two years except one each of the initial food industry and nonfood industry appointments shall be for a period of one year. Any appointed member may be removed by four affirmative votes of the board of county commissioners. Failure to attend two consecutive or three meetings within a 12-month period shall constitute a resignation unless a majority of the food establishment review board vote approval for justifiable reasons.

(c)

Powers. The food establishment board shall have the power to:

(1)

Adopt rules of procedure, maintain a public record of resolutions, acts and findings.

(2)

Hold meetings as required at a time, date and place convenient to the board as determined by majority vote. Emergency meetings shall be held as determined by the chairman after eight hours telephone notice, or attempted notice, to the telephone numbers furnished by each member.

(3)

With three affirmative votes have the power to revoke and invalidate a food establishment permit for the reason of maintaining any condition in violation of this article.

(4)

Noncompliance with the provisions of this article and the referenced laws, rules and regulations by a food establishment is deemed to indicate inadequate knowledge. In such case the food establishment review board may direct the manager and/or supervisor to successfully complete a training course or examination approved by the health director based upon the Florida Statutes, the rules and regulations of the state division of health and professional food establishment practices.

(5)

Immediately after a permit is revoked the manager of the establishment shall be served a notice of revocation by personal service of the health or sheriff's department. Operation of the food establishment shall be unlawful prior to reissue of the permit per subsection (c)(3) of this section.

(6)

Upon service of a notice of revocation it shall be the duty of the manager and the owner of the food establishment and the duty of the health director to stamp upon the face of the permit the word "Void" in bold red letters, and enter the date of revocation with his initials.

(7)

Upon revocation of a permit, the owner or operator may apply for reissue of a permit upon satisfactory inspection by the health department.

(Ord. No. 74-45, § 1; Ord. No. 75-45, § 1)

Cross reference— Boards, commissions, committees and authorities, § 2-816 et seq.

Secs. 66-93—66-115. - Reserved.