Oakwood Board of Health
Resolution
WHEREAS the Oakwood Board of Health is approved under Section 3717.11 of the Revised Code to serve as licensor of retail food establishments and food service operations within its jurisdiction; and
WHEREAS the Board, as licensor, is authorized to inspect retail food establishments or food service operations to determine compliance with Chapter 3717 of the Revised Code and rules adopted under it or investigating a complaint regarding foodborne disease; and
WHEREAS under Section 3717.29(D)(1) and Section 3717.49(C)(1) of the Revised Code, on determining that a license holder is in violation of any requirements of this chapter or the rules adopted under it applicable to retail food establishments and food service operations, and that the violation presents a clear and present danger/immediate danger to the public health, the Board may suspend the retail food establishment or food service license without giving written notices or affording the license holder the opportunity to correct the violation, and a suspension under these sections takes effect immediately (emergency closure) and remains in effect until the Board rescinds the suspension; and
WHEREAS a Health Commissioner, if authorized by the Board to take the action, may take any action that the Board may take under Section 3717.29(D)(1) and Section 3717.49(C)(1) of the Revised Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF OAKWOOD, MONTGOMERY COUNTY, OHIO, BOARD OF HEALTH THAT:
Section I.
The foregoing recitals are hereby incorporated by this reference.
Section II.
The Oakwood Board of Health hereby authorizes and directs the Health Commissioner to take the above actions to protect the public health. Further, the Health Commissioner after suspending a license under this authority, on determining that there is no longer a clear and present danger to the public health, may rescind the suspension without consulting the Board.
Section III.
These requirements shall become effective on the earliest date allowed by law.