(1) Every food establishment handling food shall be conducted, maintained and operated in accordance with the applicable provisions of this Title and such regulations as the Board may prescribe.

(2) Except as hereinafter provided in § 6-305(1)(g), no person shall conduct, maintain, or operate any food establishment selling food unless he has obtained a license as provided in § 6-503.

(3) Every person applying for such license shall supply such information and shall permit such inspection and examination of his food establishment and the food and persons handling food therein as the Board may by regulation prescribe to protect the health of ultimate consumers.

(4) Except as provided in § 6-301(5) the license fee for food establishments selling food is:[7]

(a) Food establishments where food is prepared or served for consumption on or off the premises, including but not limited to, eating and drinking establishments and caterers, one hundred seventy-five (175) dollars for food establishments with up to fifty (50) seats; two hundred fifty (250) dollars for food establishments with fifty-one (51) seats and over; and two hundred fifty (250) dollars for caterers.

(b) Retail food establishments with permanent location, including, but not limited to candy stores and drug stores without soda fountains, grocery, meat markets, and other food stores, but including any such food establishment licensed under § 6-301(4)(a) or (d) one hundred (100) dollars having less than five thousand square feet of floor area; three hundred fifty (350) dollars having five thousand square feet or more.

(c) Retail food establishments, without permanent location, including, but not limited to mobile vending units such as motor vehicles, movable stands and carts, newsstands, temporary special event establishments, one hundred ten (110) dollars per unit.

(d) Food establishments manufacturing, processing, or wholesaling food, excluding food establishments for the manufacture of frozen desserts, milk plants and wholesale food establishments which deal in prepackaged food, two hundred fifty (250) dollars.
(e) Food establishments where frozen dessert mix is procured from others and frozen on the premises, two hundred (200) dollars.

(f) Food establishments serving food through automatic food vending machines off the premises where the food is packaged or prepared, sixty (60) dollars for the first machine and eight (8) dollars for each additional machine.

(g) Food establishments for the killing of animals (including poultry) for sale as food, two hundred (200) dollars.

(h) For group child care facilities caring for a maximum of 12 children for less than 24 consecutive hours, other than family day care homes, fifty (50) dollars.[8]

(i) For wholesale food establishments dealing only in pre-packaged food, and all other food establishments requiring license, one hundred seventy-five (175) dollars.[9]

(j) Food establishments con-ducted, operated or maintained by any bona fide charitable organization which distributes food without charge; and family day care homes; shall not be required to pay the license fee imposed by this Chapter.[10]

(5) A separate license shall be obtained for each and every food establishment described in § 6-301(4) which any person seeks to conduct, manage, or operate, except that:[11]

(a) For automatic food vending machines, or vehicles, conducted, maintained, or operated by any licensed food establishment, only one license need be obtained for all such machines or vehicles, in the City, or
(b) Where more than one food establishment which would otherwise be required to obtain separate licenses of the same type are conducted, maintained, or operated by the same person on the same location or premise, only one license need be obtained for all such establishments.

(6) Every food establishment shall be conducted, operated, and maintained in accordance with such additional requirements as the Board may by regulation prescribe to protect the health of the ultimate consumers of food handled in such establishment. Such regulations may include, but shall not be limited to, reasonable requirements as to:[12]

(a) The building structure, maintenance, sanitation, lighting, ventilation and cleanliness of food establishments.

(b) The preparation, composition, service, display, storage and packaging of food therein.

(c) The personal hygiene and food service practices of persons handling food therein.

(d) The construction, cleaning, cleanliness, bactericidal treatment and storage of equipment and utensils.

(e) The disposal of liquid and solid waste.

(f) The handling, storage and protection of food in transit to and from food establishments within the City.

(g) The water supply.

(h) The control of arthropods and rodents.

(7) No food handled outside the City shall be sold or brought into the City for human consumption unless handled in such a manner as to comply with the requirements of this Title and such regulations as the Board may prescribe to prevent adulteration or contamination.[13]

(8) Responsibilities of Food Establishments.[14] Subject to the exemptions of Section 6-301(9), every food establishment that sells any non-prepackaged potentially hazardous food, as defined by the Board, shall:

(a) During hours when food is being prepared, manufactured, cooked, processed, dressed, served or distributed, have present and in its employ at least one (1) person with a valid Food Establishment Personnel Food Safety Certificate, issued pursuant to Section 6-301(10).

(.1) The establishment shall post in a conspicuous location the Certificates of all such persons. No expired or revoked Certificates shall be posted.

(.2) In the event of any period of non-compliance with Section 6-301(8)(a)(i), a food establishment shall not be considered in violation if the establishment immediately notifies the Department, in writing, of the reasons for such non-compliance and the steps being taken to timely comply, and if the Department determines that the establishment is taking all reasonable steps to timely comply.

(b) Conduct a minimum of one (1) self-inspection of the food establishment every three (3) months.

(.1) The self-inspection shall be conducted by a person with a valid Food Establishment Personnel Food Safety Certificate. The self-inspection shall include a thorough and complete examination and evaluation of:

(i) the physical premises, both interior and exterior;

(ii) all food that is processed, manufactured, transported, or served on the premises; and

(iii) the manner in which such food is handled and stored.

(.2) The food establishment shall complete a self-inspection form, on a form made available by or acceptable to the Department, after each self-inspection. Such forms shall be completed by the person conducting the inspection. Completed self-inspection forms shall be maintained by the food establishment and be available for review upon request by the Department for a minimum of one (1) year.

(c) Initiate any improvements found to be needed as a result of any self-inspection. Such improvements shall be made as soon as possible, but in no event later than the next self-inspection. Notwithstanding the foregoing, nothing in Section 6-301(8) shall relieve any food establishment of its obligation to comply immediately with any other provisions of this Title.

(d) Promptly notify the Department of any known or suspected foodborne illness of an employee or customer. Such notification shall be made immediately upon learning of such illness or suspected illness, but in no event more than forty-eight (48) hours after the first knowledge. A single isolated instance of illness which the establishment reasonably believes is not traceable to the establishment need not be reported, but any pattern of multiple illnesses must be reported immediately.

(9) Exemptions. The following establishments shall be exempt from the requirements of Section 6-301(8):

(a) those portions of establishments inspected by the United States Department of Agriculture;

(b) a bed and breakfast homestead or inn, meaning a private residence which contains ten or fewer bedrooms used for providing overnight accommodations to the public and in which breakfast is the only meal served and is included in the charge for the room;

(c) establishments that only serve potentially hazardous food which has been commercially prepared and prepackaged and is served in the original packaging, without further handling;

(d) temporary food operations without permanent location that operate for a period of time not to exceed seven (7) days; and

(e) such other establishments which have applied to the Department for an exemption and have demonstrated to the satisfaction of the Department that the circumstances of that particular food establishment at that time are such that the protection of the public health does not require the presence of a certified food establishment employee. The exemption shall remain valid only as long as the conditions under which the exemption was granted remain unchanged.

(10) Food Establishment Food Safety Certificate.

(a) The Department shall issue a Food Establishment Personnel Food Safety Certificate to any person who:

(.1) Demonstrates knowledge of established and recognized food safety procedures by:

(i) Showing proof of successful completion of a food protection course approved by the Department, or of passing the examination required for completion of such course; or

(ii) Possession of a valid certificate of registration from a food protection certification program of the Educational Testing Service for Occupational and Professional Assessments; or

(iii) Such other means as determined by the Department to be equivalent to the foregoing, including possession of a valid certificate of completion from a food protection course determined by the Department to be substantially equivalent to the courses approved by the Department.

(.2) Pays a reasonable fee to be established by the Department to defray the costs of administering this Certificate program established by Section 6-301(10).

(b) A Food Establishment Personnel Food Safety Certificate shall be valid for such period of time as the Department shall determine, and shall not be transferable.

(c) The Department may revoke a Food Establishment Personnel Food Safety Certificate upon a finding that the Certificate holder has not complied with his or her obligations under this Section or applicable regulations. Such revocation, and any appeal therefrom, shall be conducted in accordance with the procedures for license suspension and revocation set forth in this Title.