§ 50-221. Temporary food service establishments.

(a)

Compliance. All temporary food service establishments shall comply with the provisions of the applicable state food code, FAC 64E-11 or FAC 61C-1 and 4, as now or subsequently amended, except as otherwise provided in this section.

(b)

For facilities licensed by the county health department, the following shall apply:

(1)

Additional requirements. The county health department may impose additional requirements for temporary food service events at facilities licensed by the department to protect against health hazards related to the conduct of the temporary food service establishment, may prohibit the sale of some or all potentially hazardous foods and, when no health hazard will result, may waive or modify requirements of this article.

(2)

Inspections and access. Site inspections or investigations by the county health department staff necessary to verify compliance with sanitation requirements shall be allowed at any time before, during, or after the temporary event. Upon presentation of a county, state, or other government identification, such necessary staff required to conduct such an inspection shall be provided unrestricted access.

(c)

Notification of temporary events. Facilities licensed by the county health department that propose to stage, conduct, manage, or promote an event including temporary food service shall notify the department of the event at least seven days prior to the scheduled start of the event. Other persons, firms, corporations, or partnerships that propose to stage, conduct, manage, or promote an event including temporary food service shall notify the department prior to the scheduled start of the event as required by law. The notification shall be in writing on a form provided by the county health department, shall be complete, and shall be signed.

(d)

Record keeping and education. The county health department shall keep a record of all written notifications received for proposed temporary food service events.

(e)

Violations and penalties:

(1)

Any person, firm, corporation, or partnership that violates any provision of this division shall be punished by a fine of not more than $500.00, or 60 days in jail, or both. Enforcement of this division shall be in accordance with sections 1-6 and 1-11 of this Code.

(2)

Violations of this division include, but are not limited to, the following acts or omissions by a person, firm, corporation, or partnership who promotes, stages, manages, or conducts an event offering temporary food services or containing a temporary food service establishment:

a.

Failure to permit unrestricted access to a temporary food service establishment by a government employee seeking entry onto the premises to conduct an inspection that is necessary to protect of public health or safety or that is necessary to verify compliance with state or local food hygiene requirements; Each refusal to permit unrestricted access is a separate offense as to each necessary government employee seeking entry; or

b.

Failure to notify the county health department of a temporary food service event prior to the scheduled start of the event, as required by law or ordinance.

(3)

In addition to other remedies, the county may bring suit to restrain, enjoin, or otherwise prevent violation of this article in any court of competent jurisdiction, or to recover costs incurred by the county in whole or in part because of violation of this division.

(Code 1970, § 11-123; Ord. No. 80-24, §§ 9.1—9.11, 9-23-80; Ord. No. 04-28, § 3, 7-13-04)