19.06 OBSTRUCTION OF HEALTH DEPARTMENT EMPLOYEES. No person may assault, restrain, threaten, intimidate, impede, interfere with or otherwise obstruct the Department or authorized agent in the performance of his or her duties under this section, nor shall the operator give false information with the intent to mislead the Department or authorized agent.
If the person in charge denies access to the regulatory authority, the regulatory authority shall:
A. Inform the person in charge that:
(1) The permit holder is required to allow access to the regulatory authority as specified under Sec. 19.05 of this ordinance.
(2) Access is a condition of the acceptance and retention of an establishments permit to operate as specified under Sec. 19.05.
(3) If access is denied, an order issued by the appropriate authority allowing access, hereinafter referred to as an inspection order, may be obtained according to law.
B. Make a final request for access.
C. If denied access to an establishment for an authorized purpose and after complying with subsection (B) of this section, the regulatory authority may apply for the issuance of an inspection order to gain access as provided in law.
D. The regulatory authority may order access for one or more of the following purposes, subject to law for gaining access:
(1) If admission to the premises of an establishment is denied or other circumstances exist that would justify an inspection order under law, to make an inspection including taking photographs;
(2) To examine and take samples of the food; and
(3) To examine the records on the premises relating to food purchased, received, or used by the establishment.
E. The regulatory authority’s inspection order shall
(1) Stipulate that access be allowed on or to the described premises, food, or records under the order’s provision;
(2) Provide a description that specifies the premises, food or records subject to the order; and
(3) Specify areas to be accessed and activities to be performed. (Rep. & Rec. Ord 529, 07/19/17)