8.12.020 State rule adopted

The City adopts, by reference, the Montana Department of Public Health and Human Services requirements, dated November 23, 2000, for compliance with Chapter 110, Subchapter 2, Food Service Establishments of Title 37, Administrative Rules and Montana, and its definition of food service establishments. A copy of the regulation shall be filed with the City Clerk as the official food service code. (Ord. 2803, 2001; Ord. 2728, 1997; Ord. 2614 §2(Exh. B), 1991).

8.12.030 Permit—required

Each person, new owner, or operator of a food service establishment shall make an application for a City-County Health Department Food Establishment permit prior to operation of such an establishment. This application shall be made in writing and signed by the owner, manager, or authorized agent of the establishment. The Health Officer or his/her authorized representative shall approve the permit provided that the establishment meets the minimum requirements of State and local health laws and regulations, and requirements of this City Code. No food service establishment will be allowed to operate without a valid City-County Health Department Food Establishment permit. (Ord. 2803, 2001; Ord. 2614 §2(Exh. B), 1991).

8.12.040 Permit—suspension

1. Permits may be suspended temporarily by the Health Authority for failure of the holder to comply with the requirements of this chapter. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this chapter, the permit holder or operator shall be notified in writing of the specified violations causing the suspension, that the permit is, upon service of the notice, immediately suspended, and that an opportunity for an Administrative hearing will be provided if a written request for such is filed with the Health Department by the permit holder.
2. Justifications for permit suspension are as follows:
   1. Whenever the Health Authority finds unsanitary or other conditions in the operation of the food service establishment which, in their judgment, constitute a substantial hazard to the public health, the Health Authority may temporarily suspend the permit.
   2. Whenever, upon written notice to the owner, manager, or authorized agent of a food service establishment, an inspection reveals unsanitary conditions and health-related problems exist within the establishment, and the subsequent inspection of the establishment reveals that the problems and conditions still exist, the Health Officer may temporarily suspend the permit.
   3. Continued violation of critical item(s), as outlined in red on the official Montana Department of Public Health and Human Services food service establishment inspection report form. (Ord. 2803, 2001; Ord. 2614 §2(Exh. B), 1991).

8.12.050 Permit--suspended—reinstatement

Any person whose permit has been suspended may, at any time, make application to the Health Department for a re-inspection for the purpose of reinstatement of the permit. Within ten days following the receipt of a written request, including a statement signed by the applicant that, in the applicant’s opinion, the conditions causing suspension of the permit have been corrected, the Health Authority shall make a re-inspection. If the applicant is found to be in compliance with the requirements of this chapter, the permit shall be reinstated. (Ord. 2803, 2001; Ord. 2614 §2(Exh. B), 1991).

8.12.060 Permit—revocation

For serious or repeated violation of any of the requirements of this chapter, or for interference with the Health Authority in the performance of their duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Board of Health. Prior to such action, the Health Department shall notify the permit holder, in writing, stating the reasons for which the permit is subject to revocation, and advising that the permit shall be permanently revoked at the end of five days following service of such notice unless the permit holder files within five days a request for a hearing before the Board. A permit may be suspended for cause pending its revocation or a hearing relative thereto. (Ord. 2803, 2001; Ord. 2614 §2(Exh. B), 1991).

8.12.070 Hearings

The hearings provided for in this section shall be conducted by the Board at a time and place designated by the board chair. Based upon the record of such hearing, the Board shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the Board's decision shall be furnished to the permit holder by the Health Officer. (Ord. 2803, 2001; Ord. 2614 §2(Exh. B), 1991).

8.12.080 Inspection of food service establishments

1. At least once every year, the Health Authority shall inspect each food service establishment located in the City of Great Falls and shall make any additional inspections and re-inspections as are necessary for the enforcement of this Chapter. The Health Authority shall have the power to enter and inspect anyplace where meat, game, poultry, fish, milk, groceries, or any other food products are prepared, handled, stored for public use and to inspect any vehicle transporting such products. Any person who in any manner interferes or attempts to interfere with the Health Authority in the discharge of duties, or any person being owner, agent, or manager or any place food is prepared, handled, or stored, who refuses to permit the Health Authority to have full access to the premises, or any food products that the Health Authority desires to inspect, is guilty of a violation of this Chapter.
2. The Health Authority shall be permitted to examine the records of the establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, an persons employed, during operation hours, or at any other time when food preparation is being conducted.
3. A written record of any inspections will be provided to the owner, agent, or manager of each establishment. (Ord. 2728, 1997; Ord. 2614 §2(Exh. B), 1991).

8.12.090 Knowledge of food protection practices

The owner, operator, manager and employees of any food service establishment may, at any time, be required by the Health Authority of the City/County Health Department to show sufficient knowledge of food protection practices, sanitation practices and regulation requirements necessary to protect the public from food borne illness. At the option of the Health Authority, owners, operators, managers, and key food preparation personnel, may be required to participate in a food safety training course and/or may be tested on their knowledge of food protection practices prior to the opening of any new food establishment or at any time there is a change of ownership/management of an existing food establishment or if there is a pattern of critical item violations within an existing establishment. (Ord. 2803, 2001; Ord. 2728, 1997; Ord. 2614 §2(Exh. B), 1991).

8.12.100 Short term food permit

All persons or organizations serving or selling food to the public that do not fall under the provisions of this chapter (i.e., private church dinners, private organizations serving members only) shall obtain a short-term food permit from the City-County Health Department. Only 5 short term food permits will be issued per organization per year. Organizations wishing to operate more than 5 times per year shall be required to obtain a State of Montana, Department of Public Health and Human Services Food Purveyors License. (Ord. 2803, 2001; Ord. 2728, 1997; Ord. 2614 §2(Exh. B), 1991).

8.12.110 Farmer’s Market short term food permit

All persons or organizations serving or selling food to the public at farmer’s market locations shall obtain a Farmer’s Market short term food permit unless exempt pursuant to MCA 50.50.103. (Ord. 2803, 2001)