Title 6
Food Service Facilities
Subtitle 1
Definitions; General Provisions
§ 6-101. Definitions.
(a) In general.
In this title, the following terms have the meanings indicated.
(b) Excluded organization.
"Excluded organization" has the meaning stated in COMAR 10.15.03.02B(28).
(c) Food.
(1) In general.
"Food" means any natural or artificial substance or ingredient, whether raw, cooked, or processed, that is used or sold or intended for use or sale, in whole or in part, for human consumption.
(2) Inclusions.
"Food" includes:
(i) ice;
(ii) beverages; and
(iii) chewing gum or any substance used as a component of chewing gum.
(3) Exclusions.
"Food" does not include any:
(i) alcoholic beverage, as defined in State Code Article 2B, § 1-102(a)(2); or
(ii) drug, as defined in § 21-101(g) of the State Health-General Article.
(d) Food service facility.
"Food service facility" has the meaning stated in COMAR 10.15.03.02B(34).
(e) Food service manager.
"Food service manager" means an individual designated by a food service facility to exercise operational supervision of the facility.
(f) License.
"License" means a license issued under this title to operate a food service facility.
(g) Person.
(1) In general.
"Person" has the meaning stated in § 1-107(a) {"Person: In general"} of the City Code's General Provisions Article.
(2) Qualified inclusion of governmental entities.
Notwithstanding § 1-107(b) {"Person: Exclusion"} of the General Provisions Article, in this title "person" also includes, except as used in § 6-802 {"Penalties"} of this title, a governmental entity or an instrumentality or unit of a governmental entity.
§ 6-102. Commissioner's duties.
The Commissioner of Health is responsible for:
(1) inspecting, regulating, and licensing food service facilities;
(2) obtaining food samples and testing their qualities by chemical or microscopical examination as the Commissioner considers necessary or appropriate; and
(3) generally enforcing this title and any applicable State regulations.
§ 6-103. Rules and regulations.
In the rules and regulations adopted under § 2-106 {"Rules and regulations"} of this article, the Commissioner, consistent with this title and State law:
(1) must designate the classes of licenses to be issued for various types of food service facilities; and
(2) may include provisions that govern the construction, design, operation, and maintenance of food service facilities.
§ 6-104. Inspections; samples.
(a) Inspections.
The Commissioner, all other officers of the Department, and any inspector or police officer authorized by the Commissioner may, at all reasonable hours, enter, have full access to, and inspect:
(1) any structure, premises, or vehicle in which food is or is believed to be prepared, manufactured, processed, stored, packaged, handled, or distributed; and
(2) any railroad car, truck, wagon, or other vehicle that is or is believed to be used for the conveyance or delivery of food.
(b) Samples.
During any inspection, the Commissioner, officer, inspector, or police officer may take food samples of up to 1 pound of each item for inspection, testing, or analysis.
§ 6-105. Confiscation of food.
(a) In general.
The Commissioner may condemn, confiscate, and either destroy or denature any food that:
(1) fails to comply with any requirement of this title; or
(2) is possessed by any person who is violating any provision of this title.
(b) Prohibited conduct.
No person may hide, remove, or assist in hiding or removing any food that has been condemned by the Commissioner.
(c) Scope of section.
Nothing in this section imposes on the Commissioner the duty or expense of confiscating any food condemned by the Commissioner.
Subtitle 2
License Required
§ 6-201. In general.
(a) Operation without license prohibited.
Except as otherwise provided in this section, no person may operate a food service facility without a license to do so from the Commissioner of Health.
(b) Exception for certain excluded organizations.
A food service facility may operate without a license issued by the Commissioner of Health if it:
(i) is operated by an excluded organization; and
(ii) has, in accordance with COMAR 10.15.03.26A, elected to operate without a license and in compliance with the minimum food safety requirements of COMAR 10.15.03.26B-E.
(c) License not transferable.
A license may not be transferred from place to place or person to person.
§ 6-202. Applications.
(a) In general.
An applicant for a license must:
(1) submit an application on the form that the Commissioner provides; and
(2) pay the applicable processing fees.
(b) Contents.
In addition to any other information that the Commissioner requires, the application must contain building and installation plans and specifications.
§ 6-203. Inspection and priority assessment of facility.
(a) Inspection.
On receipt of an application, the Commissioner must inspect the food service facility to determine compliance with all applicable laws, rules, and regulations.
(b) Priority assessment.
To determine the degree of risk that a food service facility poses for a food-borne disease occurrence, the Commissioner must assess each food service facility and classify it in one of the following priority assessment categories, as defined in COMAR 10.15.03.33:
(1) high priority facilities, which are at high risk for a food-borne disease occurrence;
(2) moderate priority facilities, which are at moderate risk for a food-borne disease occurrence; and
(3) low priority facilities, which are at low risk for a food-borne disease occurrence.
§ 6-204. Issuance of license.
The Commissioner must issue a license to the applicant if:
(1) the requirements of all applicable laws, rules, and regulations have been met; and
(2) the applicant pays the applicable annual fee.
§ 6-205. Scope of license.
While a license is in effect, it authorizes the operation of the food service facility in accordance with the approved plans and specifications.
§ 6-206. Material alterations.
(a) Permit required.
No person may materially alter a food service facility (e.g., install new or additional equipment, make structural changes, or change the type of operation) without a permit to do so from the Commissioner.
(b) Application.
The application for a permit under this section must be:
(1) submitted on the form that the Commissioner provides;
(2) contain the information that the Commissioner requires; and
(3) be accompanied by the applicable permit fee.
§ 6-207. Term and renewal of license.
(a) Term of license.
Unless sooner suspended or revoked, a license expires on the 1st anniversary of its effective date.
(b) Application for renewal.
Before a license expires, the licensee periodically may renew it for an additional 1-year term, if the license holder:
(1) otherwise is entitled to a license;
(2) submits a renewal application to the Commissioner, on the form that the Commissioner provides; and
(3) pays the applicable annual fee.
§ 6-208. Provisional licenses.
(a) In general.
If a licensed food service facility is sold or otherwise transferred to a new owner, the new owner may apply for a short-term, provisional license to permit the continued operation of the facility pending the Commissioner's inspection of the facility.
(b) Term and renewal.
Unless sooner suspended or revoked:
(1) the term of a provisional license is 60 days; and
(2) the license may be renewed for one additional 60-day term.
Subtitle 3
Food Service Managers
§ 6-301. Certain facilities to employ manager.
Each high priority or moderate priority food service facility must employ a food service manager.
§ 6-302. Managers to be certified.
A food service manager who is employed by a high priority or moderate priority food service facility must, within 90 days of becoming employed by the facility, be certified by the Commissioner of Health in accordance with this subtitle.
§ 6-303. Certification requirements.
(a) Commissioner to adopt.
In the rules and regulations adopted under § 2-106 {"Rules and regulations"} of this article, the Commissioner must include rules and regulations for:
(1) the certification and recertification of food service managers; and
(2) the denial, suspension, and revocation of certifications.
(b) Required provisions.
These rules and regulations must include:
(1) minimum requirements for instruction and examination in food-borne disease prevention, sanitation, hygiene, and food service management; and
(2) reciprocity provisions for certifications granted by a political subdivision of this State that has established a food service manager certification program approved by the Commissioner.
§ 6-304. Issuance to individuals only.
A food service manager certificate may only be issued in the name of an individual.
§ 6-305. Term.
Unless sooner suspended or revoked, a food service manager certificate expires on the 3rd anniversary of its effective date.
§ 6-306. Instructors to be certified.
Instructors of food service managers must be certified in the same manner as food service managers.
Subtitle 4
Fees
6-401. {Repealed}
§ 6-402. Processing fees.
(a) Application fee.
When applying for a license to operate a food service facility or applying for a permit to undertake material alterations, the applicant must pay an application fee to help defray the cost of processing the plans and specifications, conducting a risk assessment, reviewing hazard analysis critical control point (HACCP) plans, or undertaking an initial inspection..
(b) Reinspection fee.
The applicant must pay an additional fee for each reinspection needed before the license or permit can be approved.
(c) Fee amounts.
The amount of these fees are as set from time to time by the Commissioner, with the approval of the City Council.
§ 6-403. Annual license fees.
Subject to § 6-404 {"Reduced fee for certain tax exempt entities"} and § 6-405 {"Waived fee for certain day care centers"} of this subtitle, the annual license fee for each class of food service facility is as set from time to time by the Commissioner, with the approval of the City Council.
§ 6-404. Reduced fee for certain tax exempt entities.
(a) Scope of section.
This section applies to an entity described in subsection (b) of this section only as long as that entity maintains tax exempt status under § 501(c)(3) of the Internal Revenue Code.
(b) Maximum fee.
For the following tax exempt entities, the annual license fee may not exceed $50:
(1) any charitable food facility that provide meals to low-income individuals for no charge, such as soup kitchens, soup pantries, or shelter homes;
(2) any youth organization whose membership is composed of minors and that operates temporary facilities for the purpose of raising funds to support the organization; and
(3) any child group day care center that is licensed to provide care and supervision to school age and preschool age children.
§ 6-405. Waived fee for certain day care centers.
As long as the Maryland Department of Human Resources continues to contract with the City Department of Health for 2 or more environmental sanitarians to inspect and monitor child group day care centers in the City, the annual license fee for those centers is waived.
§ 6-406. Late fees.
(a) In general.
Any licensee who is required to pay a license fee and who fails to renew the license within 5 days of its expiration must pay an additional late fee for each day after the expiration date that the license remains unrenewed.
(b) Amount.
The amount of the late fee is as set from time to time by the Commissioner, with the approval of the City Council.
§ 6-407. Manager certification fees.
Fees imposed for certification of food service managers are as set by the Commissioner.
§ 6-408. Use of fee proceeds.
(a) In general.
(1) The Commissioner must promptly account for and pay to the Director of Finance all fees received under this subtitle.
(2) The Director of Finance must credit these fees to a special fund entitled "Food Service Facilities", to be used:
(i) to cover the cost of licensing, inspecting, and regulating food service facilities; and
(ii) to help defray the cost of environmental health inspection programs that affect food service facilities.
(b) Accounting to Council.
The Director of Finance must submit a quarterly accounting of this fund to the Chair of the Budget and Appropriations Committee of the City Council.
Subtitle 5
Miscellaneous Regulations
§ 6-501. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Adulterated food.
"Adulterated food" means any food that:
(1) has been prepared, manufactured, processed, stored, packaged, handled, distributed, or sold under insanitary conditions that reasonably could be expected to have contaminated it;
(2) is considered to be adulterated within the meaning of the Maryland Food, Drug, and Cosmetic Act; or
(3) otherwise violates the requirements of the Maryland Food, Drug, and Cosmetic Act.
(c) Unwholesome food.
"Unwholesome food" means any food that:
(1) has absorbed or mixed with deleterious gases, liquids, or solids;
(2) is decomposed, rotten, tainted, or otherwise impure; or
(3) is otherwise in any way:
(i) deleterious to health;
(ii) liable to introduce, cause, or increase sickness; or
(iii) liable to impair or upset functions of the human body.
§ 6-502. Compliance with health laws required.
Each food service facility must comply with all applicable health laws, rules, and regulations of the federal government, the State of Maryland, and the City of Baltimore.
§ 6-503. Disguising adulterated, etc., food prohibited.
No food service facility may use any acid, drug, chemical, coloring, or other substance to disguise any adulterated or unwholesome food.
§ 6-504. Possession, etc., of adulterated, etc., food prohibited.
No food service facility may sell, offer for sale, transport, or have on its premises, in any vehicle, or on the premises of any other person any adulterated or unwholesome food.
§ 6-505. Frozen food regulations.
(a) Definitions.
(1) In general.
In this section, the following terms have the meanings indicated.
(2) Defrost.
"Defrost" means to allow any frozen food to thaw so that it is not readily recognizable as frozen food.
(3) Frozen food.
"Frozen food" means any food that has been kept at or below 0° F.
(b) Representing defrosted food as fresh prohibited.
No food service facility may represent or advertise as fresh any frozen food that has been allowed to defrost.
(c) Selling certain defrosted food prohibited.
No food service facility may sell or offer for sale any food designed to be sold frozen (such as "TV dinners", packaged fruits, and frozen desserts) if it has been allowed to defrost.
(d) Certain defrosted food to be labeled.
No food service facility may sell or offer for sale any meat, fish, seafood, or poultry that, in whole or in part, has been frozen and then allowed to defrost unless a notice stating "this product has been frozen and thawed" is:
(1) conspicuously displayed on a sign; and
(2) attached to each package or item of meat, fish, seafood, or poultry.
§ 6-505.1. Dated food products.
(a) Definitions.
(1) In general.
In this section, the following terms have the meanings indicated.
(2) Dated food.
"Dated food" means any food that contains an expiration date on its label or packaging.
(3) Expiration date.
"Expiration date" means:
(1) any date designated as an "expires on" date, "sell by" date, "pull by" date, "use by" date, or "best if used by" date; or
(2) any similar time guide for the sale or use of a food product by food service facilities or consumers.
(b) Notice after expiration date.
(1) No food service facility may sell or offer for sale any dated food after its expiration date unless that food is:
(i) segregated from its non-expired food counterpart; and
(ii) accompanied by a conspicuous notice that states: "This Food is Being Sold Past Its Expiration Date".
(2) The notice required by this subsection must be:
(i) on a sign at least 11" by 14"; and
(ii) printed in letters at least 1" high.
(c) Perishable, etc., foods.
Nothing in this section authorizes:
(1) the sale of any perishable food, such as milk, cheese, meat, eggs, and baby food, past its expiration date; or
(2) the sale or possession of any adulterated or unwholesome food.
(d) Altering, etc., expiration date.
No food service facility may alter, remove, cover, disguise, or otherwise obscure the expiration date of any dated food.
§ 6-506. Litter and rubbish prohibited.
(a) In general.
Each food service facility must keep its entire premises, including all abutting sidewalks, alleys, footpaths, gutters, and other public rights-of-way, free of litter and rubbish.
(b) Complaints; hearing.
(1) If, during any license year, the Commissioner receives 10 or more complaints of the facility's having violated this section, the Commissioner must conduct a hearing under Subtitle 6 {"Suspensions and Revocations"} of this title to determine if the license should be suspended, its renewal denied, or other penalties imposed.
(2) For purposes of this subsection, the Commissioner may accept a complaint only if it:
(i) is in writing;
(ii) is made by an adult;
(iii) includes the complainant's name and address; and
(iv) is submitted independently of any other person's complaint about the facility.
(c) Litterer remains subject to prosecution.
Nothing in this section precludes the imposition of penalties under any other law that governs the disposition of litter, trash, garbage, or other waste.
§ 6-507. Trans fats prohibited.
(a) "Food containing trans fat" defined.
(1) "Food containing trans fat" means, except as provided in paragraph (2) of this subsection, any food that:
(i) is labeled as containing vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil;
(ii) lists vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil as an ingredient; or
(iii) contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil.
(2) "Food containing trans fat" does not include food with a nutrition facts label or other documentation from the manufacturer that lists the food's trans fat content as less than 0.5 grams per serving.
(b) Prohibited use, etc.
(1) Except as provided in paragraph (2) of this subsection, food containing trans fat may not be stored, distributed, held for service, used in preparation of any menu item, or served in any food service facility.
(2) This subsection does not apply to food that is served directly to patrons in the original sealed package of the manufacturer.
(c) Labels; documentation.
(1)(i) Except as provided in subparagraph (ii) of this paragraph, a food service facility must maintain on site the original label for any food:
(A) that contains fats, oils, or shortenings;
(B) that is required by federal or state law to have a label when purchased by a food service facility; and
(C) that is stored, distributed, held for service, used in preparation of any menu items, or served by the food service facility.
(ii) The Health Commissioner may permit a food service facility to submit acceptable documentation from the manufacturer that indicates whether a food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates a food's trans fat content.
(3) If a food contains fats, oils, or shortenings and is not required to be labeled when purchased, the food service facility must obtain and maintain documentation from the manufacturer that indicate whether the food contains vegetable shortening, margarine, or any kind of partially hydrogenated vegetable oil, or that indicates the food's trans fat content.
(4) In the rules and regulations adopted under § 2-106 {"Rules and regulations"} of this article, the Commissioner may include rules or regulations that govern the documentation acceptable or required under paragraphs (i)(ii) and (2) of this subsection.
§ 6-508. Polystyrene foam products.
(a) Definitions.
(1) In general.
In this section, the following terms have the meanings indicated.
(2) Disposable food service ware.
(i) In general.
"Disposable food service ware" means cups, plates, dishes, bowls, trays, clamshell containers, take-away containers, or similar items used for serving food or for transporting small amounts of prepared food.
(ii) Exclusion.
"Disposable food service ware" does not include coolers.
(3) Polystyrene foam.
"Polystyrene foam" means blown polystyrene and expanded and extruded foams (sometimes called Styrofoam™) that are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, and extrusion-blown molding (extruded foam polystyrene).
(b) Prohibited use.
(1) In general.
Except as provided in paragraph (2) of this subsection, no food service facility may use any disposable food service ware that is made from polystyrene foam.
(2) Exceptions.
Paragraph (1) of this subsection does not apply to:
(i) food or beverages that have been filled and sealed in polystyrene-foam containers outside of the City before the food or beverages were received by a food service facility in the City; or
(ii) materials used to package raw, uncooked, or butchered meat, fish, poultry, or seafood for off-premises consumption.
§ 6-509. Children's meals.
(a) "Children's meal" defined.
(1) In general.
In this section, "children's meal" means a combination of food items that is:
(i) prepared by and offered for purchase at a food service facility as a unit at a single price; and
(ii) represented to be or otherwise primarily intended for consumption by children.
(2) Exception for prepackaged food items.
"Children's meal" does not include a combination of food items that has been prepackaged by or at a facility other than the food service facility offering the prepackaged combination for purchase.
(b) Beverage limitation.
No food service facility may offer a children's meal that includes a beverage unless that beverage is:
(1) water, sparkling water, or flavored water, with no added natural or artificial sweeteners;
(2) milk or a non-dairy milk alternative; or
(3) 100% fruit juice or fruit juice combined with water or sparkling water, with no added natural or artificial sweeteners, in a serving size of no more than 8 ounces.
(c) Qualification.
Nothing in this section precludes a food service facility from providing, if specifically requested by the purchaser of the children's meal, any lawful beverage as a substitute or alternative for the beverages being offered in accordance with subsection (b) of this section.
Subtitle 6
Suspensions and Revocations
§ 6-601. Notice of violation or hazard.
(a) In general.
Whenever the Commissioner finds that any food service facility is in violation of any provision of this title or is in an unsanitary or other condition that, in the Commissioner's judgment, constitutes a hazard to the public health, the Commissioner may issue a violation notice to the facility.
(b) Contents.
The violation notice must:
(1) cite the violation or condition;
(2) specify the corrective action to be taken and the time within which that action must be taken; and
(3) state that a hearing will be provided to the facility, if one is requested under Title 2, Subtitle 3 {"Administrative Hearings"} of this article.
§ 6-602. Suspension on failure to correct.
(a) Order of suspension.
If a food service facility fails to comply with the violation notice within the time prescribed, the Commissioner may then issue an order of suspension to the facility.
(b) Contents.
An order issued under this section may:
(1) immediately suspend the facility's license; and
(2) order all food service facility operations to be discontinued immediately.
§ 6-603. Suspension without notice.
(a) Order of violation and suspension.
If the Commissioner considers it necessary in the interest of public health, the Commissioner may issue an order of immediate suspension to the facility without having first issued a violation notice under § 6-601 {"Notice of violation or hazard"} of this subtitle.
(b) Contents.
An order issued under this section:
(1) must cite the violation or condition;
(2) must specify the corrective action to be taken and the time within which that action must be taken; and
(3) may order all food service facility operations to be discontinued immediately.
(c) Opportunity for hearing.
The notice must also state that a hearing will be provided to the facility under Title 2, Subtitle 3 {"Administrative Hearings"} of this article, if one is requested.
§ 6-603.1. Suspension or nonrenewal for multiple or unpaid citations.
(a) In general.
The Commissioner may suspend or refuse to renew the license of a food service facility if:
(1) at any time within the preceding 6 months, the facility has been served with 3 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either or both of:
(i) City Code Article 1, Subtitle 40 {"Environmental Control Board"}; or
(ii) City Code Article 1, Subtitle 41 {"Civil Citations"}; or
(2) at any time within the preceding 12 months, the facility has been declared to be in default of 1 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either of:
(i) City Code Article 1, § 40-8 {"Environmental Citations: Default by person cited"}; or
(ii) City Code Article 1, § 41-10 {"Civil Citations: Default"}.
(b) Covered offenses.
(1) For purposes of this section, citations issued for violations of the following provisions of the City Code are presumed to be issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health:
- Article 13. Housing and Urban Renewal
- Subtitle 5 {"Licensing of Rental Dwellings"}.
- Article 15. Licensing and Regulation
- Subtitle 17. Street Vendors
- Subtitle 18. Itinerant Wholesale Produce Dealers
- Article 19. Police Ordinances
- § 1-2. Placement {of advertising circulars} without permission
- § 7-2. Vehicle alarms: Prohibited devices
- § 8-18. Burglar alarms: Penalties
- § 13-1 or § 13-2. Disorderly drinking
- § 14-2 or § 14-3. Drinking in public places
- Subtitle 25. Loitering – General
- § 26-6. Loitering – Drug-Free Zone
- § 27-3. Loitering – For assignation, etc.
- § 27-15. Loitering – Prostitution-Free Zone
- Subtitle 32. Minors – Sales in Proximity to Liquor Store
- § 34-5. Curfews: Prohibited conduct of parents, guardians, etc.
- § 34-6. Curfews: Prohibited conduct of establishments
- § 40-9. Dirt Bikes, etc. – Motor fuel sales
- § 41-2. Outdoor telephones: Prohibited placement
- § 45-2. Signs on public property: Posting prohibited
- § 47-5. Nighttime soliciting
- § 50-2. Obstructing street, etc., or gutter
- § 50-3. Merchandise projecting from building
- § 50-26. Fires in street, lane, or alley
- § 50-41. Playing, etc., in street, etc.
- § 50-56. Soliciting customers
- § 59-18. Reporting {theft or loss of firearm} required
- Article 23. Sanitation
- § 2-1. Mixed refuse: Receptacles
- § 2-2. Mixed refuse: Handling
- § 4-1 or § 4-2. Receptacles on collection days
- Article 24. Water
- § 21-1. Rules and regulations {to protect supply and facilities}
- § 21-2. Suspension, etc., of certain uses
- § 21-3. Injuring fire hydrants
- § 21-4. Wrongful use after cut-off
- § 21-5. Refusal of entry
- § 21-6. Interference with equipment; illegal use of water
- Article 26. Surveys, Streets, and Highways
- Subtitle 6. Building Address Numbers
- Article 31. Transit and Traffic
- § 16-12. Vehicles on sidewalks
- § 18-8. Riding {bicycles} on sidewalk
- Article 32. Zoning
- § 5-704. {Use permit –}When required
- § 16-803. Storage, etc., of abandoned, etc., vehicles
- Building, Fire, and Related Codes Article – Building Code
- § 114.14. Work without permit
- § 115.3. Stop-work order: Unlawful continuance
- § 116. Unsafe structures
- § 120. Condemnation proceedings
- § 123.8. Failure to comply with notice or citation
- § 3302.2 Construction Safeguards: Waste and debris
- Building, Fire, and Related Codes Article – Fire Code
- § 109.9. Maintenance: Overcrowding
- § 111.1. Unsafe buildings: General
- § 1001.2. Means of Egress: Minimum requirements
- Building, Fire, and Related Codes Article – Property Maintenance Code
- Chapter 3. General Requirements
- Health Code
- Title 5. Nuisance Control
- Title 6: Food Service Facilities
- Title 7: Waste Control
- Title 8: Air Pollution
- Title 9: Noise Regulation
- Title 10: Animal Control and Protection
- Title 11: Swimming Pools
- Title 12: Tobacco Products and Smoking Devices
- Title 15: Ephedrine Products
(2) Nothing in this subsection precludes the Health Commissioner from determining, in his or her discretion, that a citation for an offense was issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health.
(c) Notice and opportunity for hearing.
Before suspending or refusing to renew a license under this section, the Commissioner must provide the facility with notice and an opportunity for hearing, as provided in Title 2, Subtitle 3 {"Administrative Hearings"} of this article.
§ 6-604. Reinstatement of suspended licenses.
(a) Application for reinstatement.
(1) Any food service facility may apply to the Commissioner for reinstatement of a suspended license.
(2) In addition to any other information that the Commissioner requires, the application must include a signed statement by the applicant that, in the applicant's opinion, the violation or condition that caused the suspension has been corrected.
(b) Reinspection.
Within 10 days of receiving the application and the reinspection fee specified in subsection (d) of this section, the Commissioner must reinspect the facility.
(c) Required reinstatement.
If, on reinspection, the facility is found to comply with all applicable requirements, the license must be reinstated.
(d) Reinspection fees.
(1) The fee for a reinspection performed during regular working hours is $100.
(2) The fee for a reinspection performed during weekend or evening hours is $300.
§ 6-605. Revocation of licenses.
(a) Grounds.
The Commissioner may revoke the license of a food service facility if that facility:
(1) commits more than one violation of this title; or
(2) interferes with the performance of the Commissioner's duties.
(b) Notice and opportunity for hearing.
Before revoking a license, the Commissioner must provide the facility with notice and opportunity for hearing, as provided in Title 2, Subtitle 3 {"Administrative Hearings"} of this article.
§ 6-606. Public notices.
(a) Suspensions – Posting of premises.
(1) A food service facility that has had its license suspended must post a public notice of the suspension throughout the suspension period.
(2) The notice must:
(i) state the term of and reasons for the suspension;
(ii) be in the form and tenor that the Commissioner specifies; and
(iii) be conspicuously placed, as directed by the Commissioner, so that it is visible to and can be read by passing pedestrians.
(b) Suspensions, revocations, and nonrenewals – Timely notice through social media.
(1) Promptly after a food service facility has had its license suspended, revoked, or denied renewal, the Commissioner must provide, through 2 or more social media outlets, public notice of the suspension, revocation, or nonrenewal.
(2) The notice must include the same information as that required by subsection (c)(2) of this section for a website listing.
(c) Suspensions, revocations, and nonrenewals – Website listings.
(1) The Commissioner must maintain, update at least weekly, and publish on the Department's website a list of all food service facilities that, at any time during the preceding calendar month or during the current calendar month to the latest update, have had their licenses suspended, revoked, or denied renewal.
(2) The listing must include:
(i) the name (including trade name) and address of the facility;
(ii) the effective date and term of the suspension, revocation, or nonrenewal; and
(iii) the reasons for the suspension, revocation, or nonrenewal.
Subtitle 7
[Reserved]
Subtitle 8
Penalties
§ 6-801. Enforcement by citation.
(a) In general.
In addition to any other civil or criminal remedy or enforcement procedure, this title may be enforced by issuance of an environmental citation as authorized by City Code Article 1, Subtitle 40 {"Environmental Control Board"}.
(b) Process not exclusive.
The issuance of an environmental citation to enforce this title does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law.
§ 6-802. Penalties.
(a) In general.
Any person who violates any provision of this title or of a rule or regulation adopted under this title is guilty of a misdemeanor and, on conviction, is subject to the penalties specified in this section.
(b) Basic penalty: $1,000.
Except as specified in subsection (c) of this section, the penalty for a violation is a fine of not more than $1,000 for each offense.
(c) Operating without or in violation of license: $1,000 and 12 months.
(1) For operating a food service facility without a license or in violation of the terms of a license, the penalty is a fine of not more than $1,000 or imprisonment for not more than 12 months or both fine and imprisonment for each offense.
(2) Each day that a violation continues is a separate offense.