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HomeMy Public PortalAbout2103-1965 - Regulating theInspection of Certain Establishments and Providing EnforcementOnDIIIA iC1 1:0. 2103-1965 M1 ORDI_:4iICE DLFZ4Ii:G 1:0.0 aARKt;T, F.,)D, EHPLC EIE, Ui-1,I,1SIL, PERSON, i11 ALT11 O^FICER, AI4D G`rH ,'I ITEMS; REQUIRIrIG ?E',' 1ITS, LIC -.;. SES, LICLVSE FEES rJIZ TILE' Oi'F,RATION OF SUCH ESTABLISI11-01TS:; PRODIBITLIG THE, SAL OF ADUl,TE^.APED, LTNIliIUL1;:'UI�, 0.1 FOOD, REGULATING TAE IIISPECTIOIa OF SUCII ESTABLISIMdTS; ROVIDII�G FOR TIM FL:I'ORCFMT-T OF T!iIS 0?D1;:L1C-.,; XID FIX'+G PEI,ALTIt S. BE IT ORDAI;fED by the Com:.on Council of the City of Richmond, Indian,-, that: SLGTION I. DEFINITIOIS. The follocrinrr definitions shall apply in the interpretation and enforcement of this ordinance: A. Food Market -- The term "Food Piarket" shall nean grocery, teat 2a.rket2 poultry market, fish market, fresh fruit and vegetai;le Market, delicatessen, confectionery, candy kitchen, nut store, bakery store, or any other establishment, whethor fixed or Movable, where food, intended for hir= consu:,aption off the premises, is ao-iufactured, produced, stored, prepared, processed, handled, transported, sold or offered for sale provided, however, the tern "Food si-.rLcet" shall not include any duly licensed restaurant. B. Food -- The term "Food" as used herein small include all articles used for food, drink, confectionery, or condiiient, whether simple, nixed or compound, and all substances or ingredients used in the preparation thereof. C. Rr) -- The tern "Employee" shall mean any person who handles food during its preparation or sale, or who cones in contact .pith any utensil or equipment in which food is prepared or stored, or who is employed in a room or place in which food is prepared, processed, displayed or sold. D. Utensil --- The tern "Utensil" shall include all containers, or any equiptaont of any kind or nature with which food coos in contact after delivery to a food market, daring storar*e, preparation, processing, display or sale. E. Health Officer -- The term "IIealth Officer" shall mean the health authority having jurisdiction in the City of Richmond, or his authorized representative. F. Person -- The tern "Person" shall mean, but not lini.ted to, any individual, partnership, co -partnership, firm, company, corporation, association, joint-stock company, trust, state, or manicipality, or his or its legal representative or agent. SECTION II. PE11"ITS. A. Permits -- It shall be unlawful for any person to operate a food --a.rket in the City of Riclilmond, vino does not possess a valid permit from the health officer. Such permit shall be posted in a conspicuous place in such food ria,rkot. Only persons wlio comply with the applicable requirements of this ordinance shall be entitled to receive and retain such a permit, provided, however, that cor.ipliance with Section III shall not be required until six months after the passage of t-ais ordinance. Tho_.permit for a food market shall be for a term of one year beginning+ January lst and e. pirin�-,. December 31st of till svae year and si1i'11 L- e renewed annually. Any permit issued by the health officer shall contain the nrarie and address of the person to whom the permit is granted., the address of the premises for which the same is issued, and such othor pertinent data as may be required by the health officer. A separate per -lit shall be required for each food market operated or to be operated by any person. A perr::it issued under this ordinance is not transferable. A permit shall be issued to any person on application after inspection and approval by the health officer, provided, that the food market complies with all the applicable provisions o° this ordinance. No permit or renowal thereof shall be denied or revoked on arbitrary or capricious grounds. B. License and License_ ee -- It shall be unlawful for any person to operate a food raarkct in tho City of 'Richmond, who does not possess a valid license for the operation of such establishment. The license shall be for a tern of one year begiivlinr January lst and expiring Dece.aber 31st of the sane year and shall be renewed annually. Such license shall be provided by the city controller, if Chore is presented at his office a valid perr.it froze the health officer, frith the payrent of a license and inspection fee based upon the square footage of tiie area used by said food aarket for storage, processing;, display, and/or sales of such ?aarlzetls merchandise, as follotirs: r• ORDINAIICE NO. 2103 1965 AN ORDI11ANCE DEFIi'M1G FOOD I ARKf T, FWD, F1,1PLOYEE, UTENSIL, PERSON-, IMALTH OFFICER, AND OTHER ITEM; REQUIRING PERMITS.. LICEWSES, LICE14SE FEES FOR THE OPERATION OF SUCH ESTABLISMENTS:; PROIIIBITIIIG THE SALE OF ADULTE':,AATED., UNWiOLE`-OM, OR MISBRANDED FOOD; .REGULATING THE INSPECTION OF SUCH ESTABLISHM, ITS; PROVIDING ' FOR. THE EIIFORCEI2,iIT OF THIS ORDINANCE; ACID FIXING PENALTIES. BE IT ORDAINED by the Conran Council of the City of Richmond, Indiana, that: SECTION I. DEFINITIONS.' The following definitions shall apply in the interpretation and enforcement of this ordinance: A. Food Market -- The term "Food Market" shall wean grocery, neat r� rket, poultry market, fish Market, fresh fruit and vegetable market, delicatessen, confectionery, candy kitchen, nut store, bakery store, or any other establishment, whethor fixed or movable, where food' intended for hurian consumption off the premises, is manufactured, produced, stored, prepared, processed, handled, transported, sold or offered for sale provided, however, the terra "Food Market" shall not include any duly licensed restaurant. . Be Food -- The term "Food" as used herein shall include all articles used for food, drink, confectionery, or condiment, whether simple, mixed or compounds and all substances or ingredients used in the preparation thereof. Co BMloveg -- The term "Employee" shall mean any person who handles food during its preparation or sale, or who comes in contact with any utensil or equipment in which_ food is prepared or stored, or who is euployed in a room or place in which food is prepared, processed, displayed or sold. D. Utensil --- The term "Utensil" shall include all containers, or any equipment of any kind or nature with which food cones in contact after delivery to a food market, during, storages preparation, processing, display or sale. E. Health Officer -- The term "Health Officer" shall mean the health authority having jurisdiction in the City of Richmond, or his,authorized representative. F. Person -- The term "Person" shall 'mean, but not limited to, any individual, partnership, co -partnership, firm, company, corporation, association, joint-stock company, trusts estates or municipality, or his or its legal representative or agent. SECTION II. PEM11TS. A. Ferats -- It shall be unlawful for any person to operate a food market in the City of Richmond, who does hot possess a valid permit from the health officer. Such permit shall be posted in a conspicuous place in such food market. Only persons who comply with the applicable requirements of this ordinance shall be entitled to receive and retain such a permits provided, however, that conpliance with -Section III shall not be required until six months after the passage of this ordinance. The-�permit for a food market shall be for a tern of one year beginning January 1st and expiring December 31st of the same year and shall be renewed annually. Any permit issued by the health officer shall contain the name and address of the person to whom the permit is granted, the address of the premises for which the same is issued, and such other pertinent data as may be required by the health officer. A separate penait shall be required for each food market operated or to be operated by any person. A permit issued under this ordinance is not transferable. A permit shall be issued to any person on application after inspection and approval by the health officer, provided, that the food market complies with all the applicable provisions of this ordinance. - No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds. B.' License anti License -Fee -- It shall be unlawful for any -person to operate a food market in the City of Richmond, who does not possess a valid license for the operation of such estaWlishment. The license shall be for a tern of one year beginningF January lst and expiring December 31st of -the same year and shall be renewed annually. Such license shall be provided by the city controller, if there is presented at his office a valid permit from the health officer; I with the payment of a license and inspection fee based upon the -square footage of the area used by said food na.rket for storage, processing,. display, and/or sales of such narket's merchandise, as follows: .r . Page` 2' License ,Fees. ; _gipo' r5 U.00 Square .Feet-= ----- 5 .'OQ:, Over 5;000.Square Feet- or,9 fee equal to :.onewhal f amount of . he 'applcation:for lxcense',;is-: made•:oxi or, after' July lst. of any, y®tzr. A .separate .tic`ease. shhc�ll be ;required for ;each• food',r ar�tet opera'ted,, or :to be, operated by may. person. C, z.? eense €+rid L�,egnsee �'xerant -: Mobile 'food markats :oUmed bar a person operating a' faod mtirket :iJhieh is lceiiseci uaicier: the .provisions of- this; .ordinance, and po s,essing a..velid,permit fro- the`heal-6h`officer,.to operate such.,s-'fo'od v�arl:et� shal]:; be -exempt from: the provisions of sectioii'1�B. of this ordinance.. SECTION.,III. INIMSArdIT,9TI0N IiEQiTIRE ?; TS FO!i,FoOI) i�It1RKETS. "' Al, food: markets-. shall,'cOz Plsr.with::the ,mini? im".s iiitation require iehts :specified by the' Indiana State;:Board.,o£. Health as -noun- provided •iri.pits regulation I�FD. 19. or -as 'the .sane may. ire here fiver c12ar�ged' or :"amended. Such reguilation and axiy..cYianges `and' ' aendnents therato' which may'- be .hereafter •adopted 'or promitl gated ar© b>y.reference.... incorporated -.herein: and.'�de ,a part •hereo .;, two.�cgp�es.-of�iahzeh ar®: on file, iri. the .. office of .the city health , departneiit of 'Richmond, �Indiana.for public � nspection: SEGTIOId iV:, ,SALE' E�AoieiION; . ND, -CONDEMNATION, OF UNWIOLES0 i�, ADULTEfiIiT OP P1I8- F3P,6t1iDED FOOD:' It sha11' Ioe unlawfu3; .for, any per'sbn to: sell :through a food m_ arket anyy food ..which" ' is unwholesone�:adulterated ormisbranded.. .: Samples, of': -food. may; be taken:: and exa mined by the health` offleer: as often as:.ray, be necessary .,to determ� rie freedon from .unwholosoeiiess., adultertio�i, or, rs>•randin� . The ; health officer may' -' on .written.,. notice to the' ownbr ' or :bperat'or� ia1pound and forbid the sale of�.any'food. which -is iinwholesorie., adulterated'' or-�uis'' "bi added',: or .which he -•".hgs., probabsle cause'to:;iaelieve to .-be unwholesome,, adul:teidted..-or:'misbranded The, .health' 1- officer ni4'e'ause = to be Temoved or_. destroyed • any food •which ' in •his _ opinion is unwholesome, adulterated'. or' mi sbrarided; provided, that '-3n' the 'c . se. -.of mi.stiranding .which can- be': correct. ' ed by proper.lal�elinga,_'.'such;.fgod :aiay be -released to .the; o'' 'm 'or for correct Tatieli - .' under: the `supervision of :the health officer. ,or-.his..authorized repres®ntative. SE ION..V.. ' DISEASE C©NTROL Ad.-.DISE'hSE COPdTROi, . " • rto .person who ,'is affected i�dth any; disease Ajr - a co t-anicabl® '• : fora: ,is 'a; carrier, .of, such .disease sha1J: work': in anyy'-food_:znarket,_•and-"no.'food '=-rket 'shall employ "any-, such, person or any, person suspected ' of - being :,affected - with any disease in'a cominunieable„form or; .of- teeing- ,a . carrier' of such disease: If the food, market manager. suspects ` that any - ehplgyee'has contra.eted'.aziy.'d�:sea"se : in a -coinnicdiole foam or hats become a- carrier, .of_such';disease ,''he.shall .notify the:,he€lth officer. nrnediately..'' Procedure When '-Inf ecti�on. Suspected.. -- t hen, suspicion. arises `has' to the possi1�37 ity. of transmission of infection •fro1 . any , food;'inarket -employee' the : heal,tli.:officer . s. author- , "require ate- br �a11 of th©' -following, measures: _ 1. ' The .im 6diatiE.•e:�cli sioh, of ' the employee 'front all food:'markets. 2: -The Imraedaate: -closing..of• ,the ;rood ' narket' boncerned further danier. ,of disease outbreak exists in ' the= ,opinion of the' ,health officer. • 3. Adequate medical �.exaM1nation of the ..employee and' ,of: his associates with such-l.aboratoiy: examinations - as maytie 'indicated: SECTION VV INSPECTION .OF Foaj 14ARKETS.: " A.' Frequency of Inspection. At least once each; `tlirea months .the health officer shall inspect: each food market-' or 'lass authorized representative' -for which. a', perz~i.t is . required:urider.,the`provisions:of ths'ordiriance.'; B.:.111kocedure.-ion Violations; Noted.'-4 if, during' "the inspection -of ,any food;ma.rket, the health. offi 'Or- discovers; -the ;violation of any. ,of the sanitation requireraexits in Par-e 3. Section III or IV of this ordinance, he shall issue o smitten order listing such violations to the proprietor or, in his absence, to the person in.charge9 and fixirr a time within ;which the said proprietor or said food market shall abate and remedy such violations. A cony of the written order shall be filled with the -records -of the health department. C. Authori ter- to Inn,spabct ar_d to Copy Records -- - The person, operating; the food market shall, upon the -request. of the -health officer.,.pernit such health officer oy his authorized'representative access to all parts of such food na.rket and shawl permit copying any or all records relative to. the enforcement of this ordinance. D. Fi ql. Inspect3 on-progecu.�i.a� or Hearing for Violators If, upon a second dhd fLrr•.'l inspection, the health officer finds that such-food'narket, person, or employee is violating any of the provisions of this ordinance which were in violation on the previous inspection, and concerning which a: written order zras-issued, the health officer shall furnish evideneeof.the-violation to the prosecutor having ,jurisdiction in the city in which the violation occurs, and he.shall prosecute all persons violating said provisions of this ordinance;.or the health officer riy promptly issue a written order to the permittee of such food market to appear at a certain 'tih!e, no- later than ten days from the date of final inspection, and at a place in said county fixed in said order to show oau„e why the permit issued under the provisions of Section 11A should not be revoked. E. Ievocation_,_of P_ernit --'The health officer upon such hearing if • theoerndttee should fail to show cause, 'shall revoke said. permit and promptly give i.rritteIn notice of such action to the. permittee. . The health, officer. shall naintain a perammlent record of his proceedings filed in the office of the health department. F. . is pension of Perriit --Any permit issued under . this ordinance may be temporarily suspended 'by the health officer without notice or hearing fora period not to exceed 30 days, for any of -the following reasons: 1. Unsanitary or other conditions- which in. the health officerIs opinion endangers the public's health; 2. Interference t.-'dth the health officer or any of his -authorized representatives in.'the performance of their duties; provided, however, that. upon written application from the pernittee, served.upon the health officer within.15 days -'after such suspension; the health officer shall conduct a hearing upon the mattor after giving at•least 5'aays written notice of the time, place, and purpose thereof- to the suspended perrittee; providedfurthe_i•,'- that any such suspension order shall be issued by .the health officer in writing and served upon the perms ttee by leaving copy at his usual place of business or by delivery.of Pegistered.or Certified Mail to such addresb. G. Reinstatement of Permit --- any person whose pe--ftiit has been stisrended r-§y at any time make application to the health officer for the reinstatenent.of his permit. SECTION VII.-.. PENALTIES. Any person who violates the provisions of Section 11A or 11B of.this'ordinance shall be deeded guilty of a aisdeameanor and shall, upon conviction, be punished by a fine of not pore than three hundred dollars G300) for the first offense, and for the second and each subsequent offense 'oy a fine of not more than three -hundred dollars 0300) to which may tie added j " risonment for and * determinate period not exceeding six (G) months. Each 'day •of operation of a food market in, violation. of Section 11A or 11B of this ordinance shall constitute -a distinct and•separate offense. SECTION VIII. Exclusion and Unconstitutionality Clduse. A. The provisions of this'ordinan.ce shall.not apply to any religious, charitable, fraternal or social organization, association, corporation, group or agency which Pay at any time manufacture, produce, store, 'prepare, .process, handle, transport, sell or offer for sale food as the term food is herein defined. B. Should any section, paragraph, -sentence, clause„ or phrase, of this ordinance be declared unconstitutional$ or invalid for any reason the remainder of said, ordinance shall not.. be affected thereby. SECTION IR. This ordinance shall be in full force and effQct' froi°i and after its' passage and approval by the Mayor and publication as by law required. ORDINJUICE IIO. 2103-1965 Alt ORDI dIME DEFLdIIdG FOUD t-aAR.KET,' FOOD, EHPLOYEE, UT='j+ SIL, PE!1SON s HEALTIi OFFICER., AI4D UTHEP R ITE1.0; REQUIRING 7EI-1ITS, LIOEWSES, LICEIISE FEES FOR THE, OPERATION OF SUCH ESTABLISIMENTS:; PRORIBITIIIG TI-TE SALE OF ADULTS:`'SAT-SID, UiJkMULESOIATE, OR 14ISD-EW ED FOOD; REGULATING THE INSPECTIOI3 OF SUCH ESTJILBLISIMENTS; PROVIDI14G .FOR TILE FNFORCL VKNT OF MIS ORDIf3AUGE; A 4D FIXING FE! IALTITI Z . BE IT 011DABED by the Conaon Council of the City of Richmond, Indiana, that: SECTION I. DEFINITIOUS. The following definitions shall apply in the interpretation and enforcement of this ordinance: A. Food iiarkQt -- The tern "Food Iiarket" shall nean grocery, raeat market, poultry market, fish narket, fresh fruit and vegetable narket, delicatessen, confectionery, candy kitchen, nut store, bakery store, or any other establislment, whether fixed or movable, where food, intended for hiLm-an consuaption off the premises, is a- nufactured, produced, stored, prepared, processed, handled, transported, sold or offered for sale provided, however, the term. "Food Market" shall not include any duly licensed restaurant. B. Food -- The tern "Food" as used herein shall include all articles used for food, drink, confectionery, or condiment, whether simple, nixed or compound., and all substances or ingredients used in the preparation thereof. C. pp - -- The tern "Employee's shall mean any person who handles food during its preparation or sale, or who comes in contact with any utensil or equipment in which food is prepared or stored, or who is etaployed in a roorrz or place in which focd is prepared, processed, displayed or sold. D. Utensil -- The term "Utensil" shall include all containers, or arty equipment of any kind or nature with which food comes in contact after delivery to a food market, during storarce, preparation, processing, display or sale. E. Health Officer -- The term "Health Officer" shall mean the health authority having jurisdiction in the City of Richmond, or his authorized representative. F. Person -- The term "Person" shall mean, but not limited to, any individual, partnership, co -partnership, firm., company, corporation, association, joint-stock company, trust, estate, or--micipality, or his or its legal representative or agent. SECTION II. PERTiITS. A. Permits -- It shall be unlawfu.1 for any person to operate a food i.mrket in the City of Richmond, who does not possess a valid permit from the health officer. Such permit shall be posted in a. conspicuous place in such food market. Only persons who comply with the applicable requirements of this ordinance shall be entitled to receive and retain such a permit, provided, however, that conpliance with Section III shall not be required until six months after the passage of this ordinance. The -,.permit for a food market shall be for a term of one year beginning; January lst and empirinr December 31st of the same year and shall be renewed annually. Any permit issued by the health officer shall contain the nane and address of the person to whom the permit is granted, the address of the premises for which the same is issued, and such other pertinent data as may be required by the health officer. A separate permit shall be required for each food rm rket operated or to be operated by any person. A permit issued under this ordinance is not transferable. A perrsit shall be issued to any person on application after inspection and approval by the health officer, provided, that the food market complies with all the applicable provisions of this ordinance. No permit or renewal thereof shall be denied or revoked on arbitrary or capricious groiuids . B. License and License- ee -- It shall be unlawful for any person to operate a food market in the City of Richmond, who does not possess a valid license for the operation of such establishment. The license shall be for a terra of one year beginning January 1st and expiring December 31st of the sane year and shall be renewed annually. Such license shall be provided by the city controller, if there is presented at his of_Lice a valid permit fromm the health officer, t•rith the paynent of a license and inspection fee based upon the square foota,r•,e of the area used by said food market for storage, processing, display, and/or sales of such market's merchandise, as follows: Page 2. License Fees Up to - 5.,000 Square Feet--- ------ 5.00 Over 5,000 Square Feet----- -- Z0.00 or., a fee equal to one-half (01) of the above amount if the application for license is made,on or after July 1st of any year. A separate license shall be required for each food market operated or to 'be operated by any person. C. License na:d Licangg Fee,�xeiantion -- Mobile food markets owned, by a person operating a food market which is licensed under the provisions of this ordinances and possessing; a valid perni.t from the health officer to operate such a food markets shall be exempt from the provisions of Section 11B of this ordinance. SECTION III. HINI11M4 SANITATION RE,QUI7.EM,NTS FOR FOOD i S. 1M food markets shall comply with the minimum sanitation requirements specified by the Indiana State Board of Health as now provided in its regulation HFD 19 or as the same may be hereafter changed or amended. Such regulation and any changes and amendments thereto which may be hereafter adopted or promulgated are by reference incorporated herein and made a part hereof, two copies of which are on file in the office of the city health department of Richmond., Indiana, for public inspection. SECTION IV. SALE, EXA1,71I4Ai ION, XND COIIDE-1,1NATION OF UNVIOLESOVE s ADULTERATTZ Oa M15- BRAdDED FOOD. It shall be unlawful for any person to sell through a food rjarket any food which is unwholesome, adulterated or misbranded. Samples of food.clay be taken and examined by the health.officer as often as may- be necessary to determine freedom from unwholesomeness., adulteration, or misbranding. The health officer may, on written notice to the owner or operator, impound and forbid the sale of any food which is unwholesome, adulterated, or misbranded, or which he has probable cause to believe to be unwholesome, adulterated or misbranded. The health officer may.cause-to be removed or destroyed any food which in his opinion is unwholesome, adulterated or misbranded; provided., that in the case of misbranding which can be correct- ed by proper labeling, such food may be released to the operator for correct labeling under the supervision of the health officer or his authorized representative. SECTION V. DISEASE CONTROL. A. DISEASE CONTROL -- No person who is affected with any disease in a coeu unicable form da is a carrier of such disease shall work in any food market, and no food market shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the food market manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such diseases he shall notify the health officer immediately. B. Procedure When Infection Suspected -- When suspicion arises as to the possibility of transmission of infection from any food market employee., the health officer is author- ized to require any or all of the following measures: 1. The immediate exclusion of the employee from all food markets. 2. The immediate closing of the food market concerned until no further danger of disease outbreak exists in the opinion of the health officer. 3• Adequate medical examination of the employee and of his associates with such laboratory examinations as may be indicated. SECTION VI. INSPECTION OF FOOD MARKETS. A. Frequency of Inspection -- At least once each three•months the health officer shell inspect each food market or his authorized representative for which a permit is required under the provisions of.this-ordinance. B. Procedure M-len Violations Noted -- If., during; the inspection of any food market, the health officer discovers the violation of any of the sanitation requirements in Page 3. Section III .or IV of this he 'shall" issue a ,written• order listing such - violations'to. the proprietor or., in. his absence, to - ordinance,. the person• in.chargo; and fixiri� ' a time within which the said- proprietor 'or 'said food .imrket' sh il'abate and, -remedy such . Violations. -A copy of the, written, order shall be filled with, the .'records, -of the health department. C. - Auth:orit 'to 'I,nsykgt arc} to Copy Records ----The• person operat3n the food market shell, upon the ;request - of the health officer, permit such, health officer or' • .his authorized representative access to all parts of sudh,food'market,and•shall permit copying any or all records relative to -the enforcement of'this ordinance... D. ' na7 Iti�ineGtion-Prosecution or .Near �y. f or- Violators «- If, upon a- second . diMi flivil inspection'. "the -health, officer finds that.sueh.food"riarket, person, or. employee is` violating any of the provisions, of this ordinance, iaai:ch were in villation on the previous inspection, and concerning which a, written order was issued, the health officer shall furnish evidence of the violation to'the prosecutor having-�jurisdictioft-in the city in which the violation occurs, and he•'shall prosecute all.porson:s violating. said provisions,of thisordinance; or the health officer nay promptly issue-.m.written order to .the permi.ttee: of such food market to appear at a, certain 'tune, no .later •than ten '.- days from the date of final inspection, and at a ' P1a' e. in said couiaty •fixed in said order. to shoe cause: why the permit .issued under- the ;provisions of Section 11A should not .be revoked. E. - Revocation: of Perrin' The -health officer upon :such, hearing if• the permi.ttee . , -should-'fail to show cause, shall revoke said' -permit and promptly give' i-rritten'notice of such action to the:.permittee.,... The health, officer. shall tainta3:n a permanent record of his proceedings filed:.in the office of;the health department. F. Suspension of Perm3.t -- Any.permit issued. under: this ordinance may be temporarily suspended by the health officer without notice or:hearinr-.for a.period not to exceed _30 ,days, for any ' of the 'following reasons: 1. Unsanitary or other conditions:'.which in the health officers opinion ' endangers the: pu plic Is .health; ; a. Interference with the health officer , or •any of. his .authorized representatives -in the .performance of. their duties; provided, .however, -that upon"written application froa.the per'mittee, served'.upon-the health officer.withirz 15 =days `after such suspension, the health officer "shall conduct .a hearing upon. the matter after giving at least 5�days'.written notice of the time, place, permittee ,and purpose thereof to the. suspended, ,-provided furthers that'.any such'suspension order shall be issued by,_the health officer in writing .and served .upon the perr.ttee '6y leaving 'copy 'at''his usual'place of business. ar .-ley delivery. of ?Registered or Certified Mail to such address. -G. Reiristatement of Permit Iny •person. irhose permit • has been suspended -icy at any time maize a - liection to the 'health officer for the reinstatement' of his permit... SECTION 'IT. PENALTIES. - Any person wha violates the provisions :of Section 11A or _11B of this' ordinance shall be deemed ,guilty of a misde.aneano and shall, .upon, conviction, loe. punished by a'. fine o£ not more than three hundred dollars ,-(4)300)., for. the 'first. offense, and for" the' second and each subsequent offense. by a'fine•of not'more'than three -hundred dollars ($300) to which may e� added„ -imprisonment for'any determinate period not exceeding six (6) months.' Each ' day of. operation .of' A food: market' 'in• violan.tioof . Section 11A -or 11B: of this ��o'rdinance shall constitute a distinct and separate'.:offense: .SECTION-VIII. Exclusion and Unconstitutionality Clause. A..,The provisions of.this-ordihance shall.riot.apply to any"religious , charitahlet fraternal ,or social organization,., association, c.orporation'•group or agency. which may at any time ,manufacture, produce, stores 'prepare, ,proce s,.-hsndle, trarisport, sell .or''offer for sale `food as the tern food is herein defined: B..Should any section' paragraph,�s:entence,' clause, or•.phrase,•of this ordinance be-:, 'declared unconstitutional;'or invalid for any reason:'the remainder of said, ordinance. shall . not..be affected.thereby. SECTION I%. This ordinance sha11 be.- in full -force and : effect:.-frori and after its ..passage and approval by ,the Mayor' and.. publication as by • law required. ;