§ 12-111. Closure; suspension of permit; fines.

(a)

In cases where there is a serious violation of the regulations adopted herein, the requirements of the Secretary of Health and Mental Hygiene, or the State and County health laws which, in the sound discretion of the Health Officer, creates a serious and immediate danger to the public health, the Health Officer may issue a written order closing the facility subject to a hearing held, at the request of the operator at the time of closure, and a decision thereupon within 72 hours after issuance of the order. It shall be unlawful for such establishments to remain open after being ordered closed unless within the 72-hour period the Health Officer either rescinds the order or fails to hold the requested hearing and render a decision.

(b)

Any person whose permit has been suspended and/or whenever an establishment has been ordered to close pursuant to the regulations adopted herein, the owner or operator may at any time thereafter apply in writing for reinstatement of the permit or to reopen the facility. Upon receipt of such application, the Health Officer shall have an inspection of the premises made; and, if the food service facility is found to be in compliance with the requirements of this Division, the appropriate requirements of the Secretary of Health and Mental Hygiene, and the health laws of the State and County, the Health Officer shall reinstate the permit or reopen the facility. A fee of One Hundred Dollars ($100.00) shall be paid for each such inspection performed during regular working hours, and a fee of One Hundred Seventy-five Dollars ($175.00) shall be paid for inspections performed during nonworking hours.

(c)

Whenever a food service facility opens or remains open for business without a valid permit, or after being ordered to close in accordance with the provisions of Subsection (a), above, or while a valid permit has been suspended, any owner or operator of such food service facility shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) a day. Each day such food service facility remains open for business shall constitute a separate offense pursuant to this Subsection.

(d)

Special food service facilities, including those which sell or offer for sale live and/or unprocessed seafood, may be subject to a written order of closure for violations of Subtitle 5, Division 12, of this Code. The Health Officer or the Director of Permitting, Inspections, and Enforcement, or their designees, may issue a citation to any special food service facility, including those selling or offering for sale, live or unprocessed seafood which operates in violation of this Subsection and/or Section 12-108 of this Code. The citation shall serve as notification to the person that he has committed a civil violation and must pay a monetary fine in accordance with Section 12-111, subject to his right to elect to stand trial pursuant to Section 28-257 of this Code.

(CB-64-1978; CB-65-1991; CB-34-1992; CB-95-1992; CB-102-1994; CB-29-1995; CB-22-2001; CB-27-2014; CB-89-2015)