§81.39 Food service establishments and non-retail food processing establishments; sealing

of unclean equipment, utensils and vehicles; denial, suspension and revocation of permits;

enforcement.

1. When, in the opinion of an inspector or authorized employee of the Department, any

equipment, utensil or vehicle in a food service establishment or non-retail food processing

establishment presents an imminent health hazard, is in an unclean condition, or in disrepair or

damaged to such an extent so as to render it unsafe, such equipment, utensil, vehicle or any part

thereof may be ordered sealed and its use immediately discontinued upon the approval of the

director of the bureau of the Department enforcing this Article. Upon such sealing, the

representative of the Department shall affix thereto labels or conspicuous signs bearing the word

"unclean" or any other wording necessary to describe the sanitary condition or safety of the

sealed equipment, utensil or vehicle, and he or she shall also prepare or cause to be prepared an

order of the Commissioner or Department. The order and notice shall direct the discontinuance of

the use or operation of the unclean article until it shall have been cleaned and made sanitary and

safe, and the seals, labels or signs removed by a representative or with the authorization of the

Department.

2. When a food service establishment or non-retail food processing establishment is found upon

inspection to be operating without a valid permit in violation of §81.05 of this Code, the

Department may order such establishment to close and cease all food operations immediately, and

to remain closed until the establishment or operation has obtained and displays a valid permit.

3. In addition to the forfeitures and penalties set forth in Articles 3 and 5 of this Code, the

Department may deny, suspend or revoke any permit or authorization issued pursuant to this

Article when serious, repeated or persistent violations of any of the provisions of this Code have

been found, or where interference with personnel of the Department in the performance of their

duties or a violation of §5.17 occurs. Any person ordered to cease operation and service pursuant

to this Article shall comply with such order immediately, and shall thereafter be provided with an

opportunity to be heard pursuant to rule of the Department.

4. The Department may deny or suspend a permit or authorization and order immediate

cessation of operations and/or service of food at a food service establishment or non-retail food

processing establishment if continued operation is an imminent hazard to public health. Any

person ordered to cease operations and/or service of food pursuant to this subsection shall comply

with such order immediately, and shall thereafter be provided with an opportunity to be heard

pursuant to rule of the Department.

5. Any order or notice issued pursuant to this section shall be served by personal delivery to the

owner or person in charge of the food establishment, or by any method authorized by §§17-141 or

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17-148 of the New York City Administrative Code, and an original thereof shall be filed with the

Department.

6. Seals, labels, signs, notices and orders affixed by the Department shall not be removed except

by order of the Commissioner or his or her designated representative and not until the

objectionable condition is removed or corrected.