(a) Criminal Penalties. Any person violating any of the provisions of Sections 456et seq., inclusive, of this Article 8 on more than three occasions within a twelve-month period, or violating Sections 451 through 454, inclusive, shall be guilty of a misdemeanor and shall be punished by a fine of not less than $10 and not in excess of $500, or by imprisonment in the County Jail for a term not exceeding 100 days, or by both such fine and imprisonment.
(b) Administrative Penalties. Any firm, association, company, or corporation violating any of the provisions of Sections 456et seq., inclusive, of this Article 8 shall be subject to administrative penalties imposed by the Director of Health. For a violation of subsection (c) or (d) of Section 456.3, the Director may assess an administrative penalty of not less than $200 and not more than $1,000. For all other violations of Sections 456et seq., he1
Director may assess an administrative penalty not exceeding $50 for a first violation; not exceeding $100 for a second violation; and not exceeding $200 for the third and each subsequent violation of Sections 456et seq.
(c) Before imposing an administrative penalty, the Director must serve upon the firm, association, company, person, or corporation with responsibility for the Food Preparation and Service Establishment (hereinafter, “Responsible Party”) a notice of initial determination. The notice shall state the proposed administrative penalty and the basis for the Director’s initial determination, including the alleged acts or failures to act that constitute a basis for the administrative penalty. The notice shall inform the Responsible Party that it has the right to request administrative review of the penalty within 15 days of receipt of the notice. Where the Director has determined that continued operation of the Food Preparation and Service Establishment poses a threat to public health, the notice of initial determination may also require that the establishment cease and desist from all food preparation and service activity.
(d) If no request for review of the Director’s decision is filed with the Department of Public Health within the appropriate period, the decision shall be deemed final and shall be effective 15 days after the notice of initial determination was served on the Responsible Party. The Director shall thereafter issue an Order imposing an administrative penalty and serve it upon the party served with the notice of initial determination. Payment of any administrative penalty is due within 30 days of service of the Director’s Order. Any administrative penalty assessed and received in an action brought under this Article 8 shall be paid to the Treasurer of the City. The Responsible Party against whom an administrative penalty is imposed also shall be liable for the costs and attorney’s fees incurred by the City in bringing any civil action to enforce the provisions of this Section 456.4, including obtaining a court order requiring payment of the administrative penalty.
(e) If the Responsible Party files a timely request for review of the Director’s decision with the Department of Public Health, the Director shall conduct a hearing. Within 15 days of receipt of the request, the Director shall notify the requestor of the date, time, and place of the hearing. Such hearing shall be held no later than 30 days after the Director receives the request, unless time is extended by mutual agreement of the affected parties. The Director may adopt rules and regulations regarding the hearing procedures.
(f) Following the hearing, the Director shall serve written notice of the Director’s decision on the Responsible Party. If the Director’s decision is that the Responsible Party must pay an administrative penalty, the notice of decision shall state that the recipient has 10 days in which to pay the penalty. Any administrative penalty assessed and received in an action brought under this Article 8 shall be paid to the Treasurer of the City. The Responsible Party against whom an administrative penalty is imposed also shall be liable for the costs and attorney’s fees incurred by the City in bringing any civil action to enforce the provisions of this Section 456.4, including obtaining a court order requiring payment of the administrative penalty.
(g) The Director of Health may appoint a designee to perform the Director’s functions and responsibilities under this Section 456.4.
