(1) If the department or a
county or district public health agency finds that a licensee or other person
operating a retail food establishment was provided with written notification of a
violation of section 25-4-1610 (1)(a), (1)(b), (1)(d), (1)(e), or (1)(f) and was given a
reasonable time to comply but remained in noncompliance, the person is subject to
a civil penalty of not less than two hundred fifty dollars and not more than one
thousand dollars, assessed by the department or county or district public health
agency.
(2) (a) (I) Upon a finding by the department or a county or district public
health agency that an establishment is in violation of section 25-4-1610 (1)(c), and
that the violations are sufficient to require the department or county or district
public health agency to conduct a reinspection, the department or county or district
public health agency shall provide the establishment with a reasonable time to
comply and conduct a reinspection.
(II) For the purposes of this subsection (2)(a), the determination of whether a
violation of section 25-4-1610 (1)(c) is sufficient to require reinspection under this
section shall be done in a manner consistent with the uniform system to
communicate inspection results to the public developed in accordance with section
25-4-1607.7.
(b) If, at the time of the first reinspection, the establishment is in violation of
section 25-4-1610 (1)(c) and the violations are sufficient to require reinspection, the
department or county or district public health agency shall conduct a second
reinspection after providing the establishment a reasonable time to comply.
(c) If, at the time of the second reinspection, the establishment remains in
violation of section 25-4-1610 (1)(c) and the violations are sufficient to require
reinspection, the department or county or district public health agency shall
conduct a third reinspection after providing the establishment a reasonable time to
comply.
(d) If, at a third reinspection, the establishment remains in violation of
section 25-4-1610 (1)(c), the department or county or district public health agency
may assess a civil penalty, not to exceed one thousand dollars, and may suspend
the license of the licensee pursuant to this section.
(e) If an establishment is found to be in violation of section 25-4-1610 (1)(c)
during four out of five inspections during a twelve-month period and the violations
are sufficient to require reinspection, the department or county or district public
health agency may assess a civil penalty, not to exceed one thousand dollars, and
may suspend the license of the licensee pursuant to this section.
(3) A maximum of three civil penalties may be assessed against a licensee or
other person operating an establishment in any twelve-month period. Whenever a
third civil penalty is assessed in a twelve-month period, the department or county or
district public health agency may initiate proceedings to suspend or revoke the
license of the licensee pursuant to this section.
(4) Neither the department nor county or district public health agency shall
assess a civil penalty pursuant to this section if a disciplinary action is pending
against the same licensee under this section.
(5) (a) All penalties collected by the department pursuant to this section
shall be transmitted to the state treasurer, who shall credit them to the food
protection cash fund created in section 25-4-1608.
(b) Penalties collected by a county or district public health agency shall be
deposited in the appropriate county or district public health agency fund in
accordance with section 25-4-1608.
(6) To obtain compliance with this part 16, the department or county or
district public health agency may allow the owner of an establishment to use any
assessed penalty fee to pay for unpaid license fees, employee training, or the cost
of needed improvements to the establishment.
(7) In addition to the remedies provided in this part 16 and other remedies
provided by law, the department or county or district public health agency is
authorized to apply to the county or district court with jurisdiction for the county
where an establishment is located for a temporary or permanent injunction, and
such court shall have jurisdiction to issue an injunction restraining any person from
violating section 25-4-1610.
(8) The department or county or district public health agency may issue a
cease-and-desist administrative order if a person or licensee has been issued a civil
penalty in accordance with subsection (2) of this section and remains in
noncompliance.
(9) (a) The department or county or district public health agency may
suspend or revoke a license or certificate of license for any violation of this part 16,
any rule adopted pursuant to this part 16, or any of the terms, conditions, or
provisions of the license or certificate of license in accordance with section 24-4-104.
(b) Except as provided in subsection (9)(c) of this section, the suspension of a
license or certificate of license may not exceed three days and may commence
only:
(I) After all reinspections required by subsection (2) of this section have been
completed;
(II) If the licensee remains in violation; and
(III) After the licensee has been provided written notification of the grievance
process available pursuant to section 25-4-1609.5.
(c) In cases of imminent health hazard, the suspension of a license or
certificate of license may commence immediately.
(d) When a license or certificate of license is suspended under this
subsection (9), no part of the fees paid for a license may be returned to the
licensee.
(10) An establishment that has been issued a cease-and-desist order or had
its license suspended or revoked in accordance with subsection (8) or (9) of this
section, as applicable, may not reinitiate operations without the prior approval of
the department or county or district public health agency.
Source: L. 2019: Entire section added, (HB 19-1014), ch. 11, p. 46, � 9, effective
January 1, 2020.