Section 8-1. Adopted by reference.

There is hereby adopted for the purpose of the inspection of food service establishments, the issuance, expansion, and revocation of permits to operate food service establishments, the prohibiting of the sale of adulterated or misbranded food or drink, and the providing of controls to insure sanitary food service facilities that certain food service code known as Parts IV and V of the United States Public Health Service Food Service Sanitation Ordinance and Code, being particularly the 1962 Edition thereof, and the whole thereof of Parts IV and V of the previously mentioned, save and except such portions as are deleted, modified or amended, of which not less than three (3) copies have been and now are filed in the office of the Clerk and the same are hereby adopted and incorporated as fully as if set out in length herein. The provisions thereof shall be controlling in the construction of all food service establishments and facilities therein contained with the Town.

Section 8-2. Definition.

Wherever the words “municipality of _________” are used in the United States Public Health Service Food Service Sanitation Ordinance and Code, it shall mean the Town of Tryon, Oklahoma, unless a contrary intention plainly appears.

Section 8-3. Permits.

The provisions of Section H.1. of the United States Public Health Service Food Service Sanitation Ordinance and Code, shall not require a fee for a permit to be issued to operate a food service establishment within the Town.

Section H.2e, H.8, and H.9, of said United States Public Health Service Food Service Sanitation Ordinance and Code are hereby deleted.

Section 8-4. Violations: Penalty.

1. Any person who violates any provision of this Article or of the United States Public Health Service Food Service Sanitation Ordinance and Code adopted in this Article commits a Class C offense.
2. Under and by virtue of the provisions of Section H.1.b, the Director of the County Health Department, or his authorized representative, shall have the authority to temporarily suspend any permit and license issued under and virtue of the provisions of the United States Public Health Service food Service Sanitation Ordinance and Code, 1962 Edition. Upon suspension of any such permit or license, the Director of the County Health Department, or his authorized representative, shall state on the face of the notice, the number of days for which the temporary suspension is effective, which number shall be no greater than fifteen (15), and shall also state that the effected permit holder or operator shall have the opportunity for a hearing with the Director of the County Health Department during said fifteen (15) day period. Upon the conclusion of said fifteen (15) day period, if no hearing has been requested, then such temporary suspension shall and will become permanent until such time as the unsanitary or unsafe conditions complained of are corrected. Each day upon which a food service facility or establishment is operated without complying with the orders contained in a temporary or permanent suspension notification shall be deemed a separate offense.
3. Any person, persons, firm, or corporation who violates any of the provisions of this Article shall be deemed guilty of misdemeanor, and upon conviction shall be fined in any sum not more than five hundred dollars ($500.00), not including costs of each offense, and each day’s continuance of a failure to comply herewith shall constitute a separate and distinct offense for each of said days.