§ 16-13. Denial, suspension and revocation of permits.  


Latest version.
  • (a)

    Causes for suspension or revocation . Any permit issued pursuant to this article may be suspended or revoked for any of the following causes:

    (1)

    Fraud or misrepresentation contained in the application for the permit or in the course of operating a food establishment; or

    (2)

    Conduct of the licensed business in such a manner as to create a public nuisance or constitute a danger to the public health, safety, welfare or morals;

    (3)

    If the operation of the food establishment constitutes an imminent hazard to public health;

    (4)

    Interference with the regulatory authority in the performance of its duties; or

    (5)

    Serious or repeated violations of any of the requirements of this article.

    (b)

    Procedure. Any permit held by a food establishment shall be subject to suspension or revocation by the planning department for any of the causes in subsection (a) of this section. If the planning department discovers any of such causes, they will notify the food vendor in writing of the violation and in the written notice shall:

    (1)

    Describe each cause.

    (2)

    Describe what remedial action must be taken and establish a specific reasonable period of time allowed for correction of each cause, not to exceed twenty-four (24) hours.

    (3)

    State that the permit is subject to suspension or revocation and that the permit will be suspended or revoked if the notice is not complied with.

    (c)

    Appeal of denial, suspension or revocation. Any permitee or applicant for a permit shall have the right to appeal a denied, suspended or revoked permit, with the appeal to be considered by the public health services board. The request for an appeal shall be made in writing to the director of the planning department or his designee within ten (10) days of the receipt of the notice of denial, suspension or revocation. Failure to timely file a request for an appeal shall result in the decision becoming sustained and final. Notification to the food vendor shall be in writing and may be served by hand delivery or by certified mail, return receipt requested, addressed to the owner in whose name the permit is granted. The notice shall state that the person receiving the notice may appeal the denial, suspension or revocation to the planning department within ten (10) days and not thereafter.

    (d)

    Emergency suspension or closure. The planning department may, without warning, notice, or hearing suspend the license of a food establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment or order the immediate closure of the food establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment if:

    (1)

    The department finds that the food establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment is operating in violation of the standards set forth in this chapter; and

    (2)

    The violation creates an immediate threat to the health and safety of the public.

    An order suspending a license or closing a food establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment shall be immediately effective on the date, which the license holder receives written notice, or a later date specified in the order.

    An order suspending the license or ordering the immediate closure of a food establishment, retail food store, mobile food unit, roadside food vendor, or temporary food service establishment shall be valid until overruled by the board or until the reasons for suspension or closure no longer exist. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within twenty (20) days of receipt of a request for a hearing.

    (e)

    Other remedies. The procedure for suspension and revocation set out in this section is cumulative of all other such remedies.

(Ord. No. 2016-09, § 1, 2-2-2016)