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HomeMy WebLinkAbout2001-10 /66S IND OFFICIAL. RECORDS OF MOHAVE COUNTY JOAN MC CALLA MOHAVE COUNTY RECORDER 12/071.'001 09:37A PAGE I OF 3 MOHAVE COUNTY BOARD OF SUPERVISORS RECORDING FEE 0.00 ORDINANCE NO. 2001-10 MICROFIMED MOHAVE COUNTY HEALTH DEPARTMENT �.rtaiNit �G ENVIRONMENTAL HEALTH FOOD CODE ORDINANCE y y� 5 app : 11E4' AN ORDINANCE PROVIDING REQUIREMENTS FOR INSPECTION OF FOOD SERVICE i '" "" ,w ESTABLISHMENTS AND RATING CARD POSTING FOR PUBLIC VIEWING. . Public Posting of Food Service Establishment Rating Card Section 1.Defmition A. For purpose of this ordinance,"Food Service Establishment"means an operation that stores, prepares,packages,serves,vends,caters or otherwise provides food for human consumption. The term includes any such place regardless whether consumption is on or off the premises and regardless whether there is a charge for the food. B. The term also includes: 1. Delicatessen type operations that prepare sandwiches intended for individual service. 2. Operations that are conducted in a mobile food unit. 3. Meat/poultry cutting and packaging operations. 4. Bakery operations. C. The term does not include: 1. An establishment that offers only prepackaged foods. 2. A produce stand that only offers whole,uncut fresh fruits and vegetables. 3. A kitchen in a private home that prepares not"potentially hazardous food"as defined in the Arizona Administrative Code,("A.A.C.")R9-8-1-201.10(B)(61)for sale or service at a religious or charitable organization's bake sale. Section 2. Types of Ratings A. Establishments shall receive ratings of "Excellent,""Satisfactory,""Needs Improvement,"or "Unacceptable,"upon inspection by Mohave County Department of Health and Social Services Environmental Health Division. B. Ratings are determined by an establishment's compliance with the Arizona Administrative Code Title 9,Chapter 8,Article 1. 1. An"Excellent"rating will be given to a food establishment that has five or less non- critical violations and no critical violations noted at the time of inspection. 2. A"Satisfactory"rating will be given to a food establishment that has a Critical violation(s)noted and corrected prior to the completion of the inspection,and five or less non-critical violations. 3. A"Needs Improvement"rating will be given to a food establishment that has Critical violation(s)noted at the time of inspection,but not able to be corrected prior to the completion of the inspection,or five or more non-critical violations. 4. An"Unacceptable"rating will be given to a food establishment that has gross,insanitary conditions,necessitating the discontinuation of operations. A cease and desist abatement order requiring removal of the nuisance within twenty-four(24)hours of receipt of the order shall be served by the regulatory authority upon the holder of the operating permit pursuant to A.A.C.R9-8-109. PAGE 2 OF BV 3922 PE 427 F EE4:200 07 131 MOHAVE COUNTY ORDINANCE NO. 2001-10 PAGE 2 Section 3. Requirements for Posting Rating Card A. A card imprinted with"Excellent"shall be given to food establishments that receive an Excellent rating. B. All food service establishments that receive an"Excellent"card rating are required to post the card for public viewing in a conspicuous area inside the establishment near the entry way or near the cash register. C. There will be no rating cards issued for"Satisfactory,""Needs Improvement,"or "Unacceptable." Section 4. Requirements to Change a Rating A. An additional inspection fee,at the hourly inspection rate,shall be charged to food establishments that require or request additional inspections. These fees are due and payable to Mohave County Environmental Health Division prior to reinspection. B. An establishment with an"Unacceptable"rating shall correct all critical violations and reduce all non-critical violations to less than five before it may resume operations. An additional inspection will be conducted within 5 days of the license holder's written request to resume operations. C. An establishment with a"Needs Improvement"rating shall correct all critical violations and reduce all non-critical violations to less than five within 10 calendar days after the last inspection,and shall be subject to an additional inspection. D. An establishment with a"Satisfactory"rating shall request an additional inspection to obtain an"Excellent"rating card. Section 5. Notice and Hearing Rights A. The regulatory authority shall,together with service of a cease and desist order,provide notice as provided by A.A.C.R9-8-109 and B of this section to establishments receiving an "Unacceptable"rating. B. The regulatory authority shall notify,in writing,the holder of the permit,or the person in charge,of the specific reason(s)for which the cease and desist order was issued and of the permit holder's right to request an informal settlement conference. The permit holder or another party whose rights were determined by the order may obtain a hearing if a written notice of appeal is filed with the regulatory authority within thirty(30)days after receiving the order. The appealing party shall serve the notice upon the regulatory authority by personal delivery or certified mail,return receipt requested,to the office of the regulatory authority.If no notice of appeal is timely filed,the order shall become final without further proceedings. PAGE 3 OF PK. 3923 PG 428 FEEK2001074131 MOHAVE COUNTY ORDINANCE 2001-10 PAGE 3 C. If a request for a hearing is timely filed,the hearing shall be noticed and held in compliance with A.R.S.Title 41,Chapter 6,Article 10 and any rules promulgated by the Office of Administrative Hearings.