Ordinance 74-45 ORDINANCW. NO. 74~- 45 ,
AN .ORDI[IA~;CE AMENDI~;G ORDINA~CE' NO. 73-16
TO MAI~TAIN MI~TIMUM STZuNDARDS OF HYGIENE '
OF PUBLIC FOOD SERVICE, PROCESSI~;G ~D OUT-
LET ESTABLISH;~NTS~ INCORPO~TI~G BY ~-
FERE~;CE ~HAPTERS 381 A};D 386 OF THE FLORIDA
STA%'UTES A[TD CHAPTERS 10D-13, 10D-14
10D-15 OF THE FLORIDA AD[4INIST~TIVE CODE;
PROVIDING DEFINITIONS; P~SCRIBING A FOOD '
ESTABLISH[~NT PE~dIT TO BE ISSUED AFTER
INSPECTION AND PRIOR TO ISSUE OF AN OCCU-
PATIO:;~ LICE:;SE; PROVIDING FOR THE C~ATION
.OF THE FOOD ESTABLISHmeNT REVIE~'; BOARD WITH
THE. PO~R TO ~CO~ND ~VOCATZON OF A FOOD
ESTABLISH[.~NT. PE~4IT; PROVIDING FOR INSPEC-
TIO}; OF.FOOD ESTABLZSH~NTS BY THE HE~TH
DEPART~NT, T~INING ~D EX~INATION OF
FOOD ESTABLISH~NT ~CAGERS,' AND ~VOCATION
OF PE~IT TO OPE~TE; PROVIDING ~i APPEALi
PROVIDING PEN~TIES, SE~BILITY AND AN
EFFECTIVE DATE.
~'~EREAS, standards pf hygiena for public food service establish-
ments within' Collier Countyt Florida are necessar~ to protect' the
p~lic health, s~fety and welfare.. . · ~:'~%~~
· ". .,
COLLIER COUNTY, FLORIDA'~ · ' · . ..~
1 Definitions. Law Inco~ orated b Reference:
' ~ ~ ~;:s;ons and ~efinitio~s 'of Chapters
J86 of the Florida Statutes and Chapters 10D-~3, 10D-14 and 10D-15
of the Flor~Sa Administr~tive'C~de regulating food servi'ce, proces~
s.ing and outlet establis~ents ar~ incorporated by reference in
this Ordinance as thoug~ se~ out fully herein.
' ' b.. The w6rd "manager" or "bupervisor" shall ~ean the
person on the premises of a "food establishm~n%" with authority
or the right to 'S%~ervise food.service employees or, in his absence,
'the person in cha~ge of, or actually operating or cleaning any~
. ..
processing., storing preparation or serving area. '~--_ ~ ~1'
2. Pe~it Require~ Not Transferable~ ~evocation: ~ ~
a. Permit Required to Operate a Food Service, Pro~~
or Outlet Establishment: Ie shall be unlawful for any pers~o~
operate., or cause to be operatedf a food service, processing or
outlet establishment within Collier County, including any municipality
therein, without:
1) Prominently displa~in~ a curren~ unrevoked '
"Food Establis~ent Permit" issue~ ~o'th0'e~tablis~ent,
in the name of the current owner, by the Director of the
C~llier County Health Department or his authoriz'ed repre-
sentative (hereinafter referred to as "Health Director"),
and
2) Full compliance by the foo~ establishment with
each provision of this Ordinance and the State la~ incor-.
porated.hereinabove', and · ·
3) A Manage=, Superviso~ or.other designated Person
upon the premises 'during food processing,'preparation,.service~
and facilities, equipment.ahd utensil cleaning·
b. Permit Not Transfe~able~ .No "Food Establishment permit
is'transferable from any location to another.
c. 'The Collier.Coun~y 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.
3. Permit Ap~lication and Issues
a. ApplicatiOn for a "Food' Establishment Permit" shall be
made to, and upon forms'furnished by the County. Health Director.
b. The County ~ealth Director ~hall~
1) Ca~se 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 establish
ment perm].t,.as applicable.
4. Ins~ections:
a.. Th~ Health Director shall knspect food establishments
at.reasdnable times as he may determine desirable to insure com-
pliance with State 'and County food health law~. Notice after such
inspecti~n~ to the food estabIishment shall be by presenting a copy
of the "Official NStice of Inspection" to the "Manager", or other
des'ignated Person, or in his absen6~ a'person operating t~e food
area. ·
~b. If a food. estab1%shmen~ fails to substantially comply
with health laws including Chapters 10D-13~'10D-14 and 10D-15 of
the Florida Administrative Code; the Realth Director shall issue to '
the Manager a "Notice of Non-Compliance and ~earing"' before the
food establishment review board.
5. Food Establishment Review Board~ Establishment'~ Term~ Duties
and Power to Revoke Permit.'
a. Appointment: The Board of County ComMissioners may by
three (3) affirmative votes appoint two (2) members of the f6od
industry a~d three (3) members of 't~e ~ublic not associated with the
food industry to fgrm a five (5) member Food Establishm~nt Revie~
'Board, which by three affirmative votes shall seIect a Chairman and
Vice Chairman. Each appointed, member shall be a minimum of tweqty-
one (21) years of age, a registered v6ter and resident of Collier'
County and'not a convicted felon. An alternate me'mber shall als~
be appointed, who shall'vote at a'ny regular or.special meeting in
the absence of an appointed member. '
b. Term: Each term of appointment shall be for a period
of two (2) years except one (1) ea6h of the initial food industry and
nob-food industry appointments shall be for a per~od of one (1) year.
Any appointed member mgy be removed .by four (~) affirmative votes
of the Board of County Co~missioncrs. Failure to at{end.%wo (2)
consecutive.or three (3) meetings within a 12-month period shall
constitute a resignation.
c. The Food Establishment Board shall have'the power to:
1) Adopt rules of pr6cedure, maintain a public record
of resolutions, acts and findings.
2) Hold a minimum of one (1) meeting each mont~ at
a time, date and place convenient to the Board as determined
by majority vote. Emergency meetings shall be held as. a deter-
mined by the Chairman after.eight (8) hour~ telephone notice,
or at~empte~ notice, to the telephone numbers furnished by
each member.
3) With three (3) affirmative votes ~ave the Power
to recommend revocation of a food establishment permit for the
reason of'maintaining any co~dition in violation.~f this
Ordi~ance.
4) Non-complianCe with the provisions of this
Ordinance and the referenced laws, rules and regu.lations by a
food establishment is deemed to indicate inadequate knowledge.
In such.~case the Food Establishment Re%iew Board may direct the
manager and/or supervisor(s) to successfully complete a
training course.or, examination app~ovea by 'the Health Dirccto~
based u~on'the Florida Statutes, the Rules an~ Regula~ions
of the Florida State'Division of Health and pr~fessional fooa
establishment pra~ttce~.
5) Imme~iately .after a permit is revoked the Manager
of the establishment sh~i1 be served a "'Notice of Rcvocation"
by personal service of the' Health or Sheriff's Dep~rtment.
Further, operation of the fo~d establishment shall be unlawful
prior to reissue of the permit per paragraph 3) above.
6) 'Upon servi6e of a notice of revocation it shall
be the duty of the MaDager and the Owner of the food establish-
ment and the duty of the Health Director or his d~signee 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 operato=
may apply for reissue of a permit upon satisfactory inspection
by the Health Department.
6. 'Appeals.
Should any person be ag~rieved by any provision or application
of this Ordinance he shall first s%{bmit an appeal in writing to the
Board of. County Commissioners within ten (10) calendar days statin~
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 (10) days notice in Writing to the owner
or manager.served by registered or certified mail. The aggrieved
person may r~quest and r~ceive a hearing as.early as reasonable to.
Afte~ a hearing, the Board may by three (3) votes.mjdi~y,
suspend, confirm the action or take other action.
7.' P~nalty: ..
Any person violating any provision of this Ordinance shall
be guilty of a misdemeanor and punished as provided b~ law. If
such a violation'is Continuing, each day's violation shall be .~
separate offense·
SECTION TWO: Severability.
If Dny section, subsection, sentence, clause, phrase or
portion of this regulation, is for any reason held invalid or uncon- '..
stitutional by any Court o7 competent'Jurisdiction, such portion
sh'all be deemed a separate, distinct and independen{ provision and
such hoiding Shall not effect {he v~iidity of the remgining portions.
SECTION TH~EE: Conflict. '.
In the event'this Ordinance conflicts with.~any other Ordinance
.of Collier County or an~ municip~li%y therein.or other applicable
''law, the more restrictive shall apply. If any part of this Ordinance
cosflicts with any other part,.it shall be seveFed and the remainder
sha%l have fufr force and ~£fecf.
SECTION FOUR: Eff~ctive Date.
The provisions of this Ordinance Shall become effective upon
receipt that. t~is Ordinance' has been filed with the Department of
State·
PASSED AND'.DULY ADOPTED BY. TH~ BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA this ...5th day of November, 1974.
ATTEST:
MARGARET T. SCOTT
C~ of Circuit
~lerk -
.::.
BOARD OF COU~Y CO~4ISSIONERS
COLLIER COUNTY, FLORIDA
Ap~ved as to fo~ ~nd legality=
David ~merson Brier
Collier County Attorney