§ 34-209. Food permits.

(a)

Requirement. It shall be unlawful for any person to operate a food establishment in the city unless such person possesses a current and valid health permit issued by the health department in accordance with its permitting rules. A food establishment operated solely by a nonprofit organization shall be exempt from the requirement of a permit but is not exempt from compliance with state laws and rules.

(b)

Posting. A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued.

(c)

Nontransference (change of ownership). Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business, the new business owner will be required to meet current standards as defined in city ordinances and state law before a permit will be issued.

(d)

Denial, suspension or revocation of permits. The county health department may deny, suspend or revoke any permit to operate a food service establishment, retail food store, temporary food establishment, mobile food unit or roadside food vendor if the holder of the permit does not comply with this article or if the operation of the establishment otherwise constitutes a substantial hazard to public health. A permit can be suspended only after notice and an opportunity for a hearing as described in this section have been given. The notice must list specific violations of rules and regulations and a period of time in which the violations must be corrected. Failure to correct violations as listed on the notice will be grounds for denial, suspension or revocation of a permit. If a permit is denied, suspended or revoked, the holder of the permit has three working days in which to request a hearing. The request must be in writing and delivered to the county health department. A hearing must be held within seven working days of the request. If no request for hearing is made within the time limits, the denial, suspension or revocation is final.

(e)

Hearings. A hearing provided for in this section shall be conducted by the county health department at a time and place designated by it. Based upon the recorded evidence of such hearing, the county health department shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the holder of the permit, license or certificate by the county health department.

(f)

Application after revocation. When a revocation of a permit has become final pursuant to the determination of the director of the county health department, the holder of the revoked permit may make written application for a new permit to the health department.

(Code 1977, § 7½-4; Ord. No. 00-08, § 3, 3-20-00)