(A) The Health Officer of the county, or his or her duly appointed representative may, in his or her discretion, from time to time inspect but shall at least semi-annually inspect all food service or processing establishments, retail food stores, temporary food service establishments, commissaries, vending machines, and eating and drinking establishments in the county for which a permit is required under the provisions of this chapter.
(B) If during the inspection of any such food service or processing establishment, retail food store, temporary food service establishment, commissary, vending machine, or eating and drinking establishment, the Health Officer, or his or her duly appointed representative, notes violations of any of the requirements of this chapter or the sanitation requirements of 410 I.A.C. 7-15.1, 16.2, or 17 which are a part of this chapter, such inspector shall issue a written order listing such violations to the permittee or in his or her absence, to the person in charge, fixing a time within which such permittee shall abate and remedy such violations.
(C) The County Health Officer, or his or her duly appointed representative, shall have access to all parts of the permittee establishment, and shall be entitled to copy any and all records relative to and required for the effective enforcement of this chapter.
(D) If upon any subsequent inspection by the Health Officer, or his or her duly appointed representative, it is determined that any permittee is violating any of the provisions of this chapter, and that such violation existed on a prior inspection, or if a written order was issued concerning the same, the Health Officer, or his or her duly appointed representative, may, at his or her option, proceed to enforce this chapter by prosecution, or he or she may issue a written order to the permittee to appear at a time certain not later than ten days from the date of such inspection at a place fixed in said order to show cause why the permit issued under the provisions of this chapter should not be revoked.
(E) If the permittee, upon hearing, fails to show cause why a permit issued under the provisions of this chapter should not be revoked, the Health Officer shall revoke said permit and promptly give written notice thereof to the permittee.
(F) Any permit issued under the provisions of this chapter may be suspended by the Health Officer without any prior notice of hearing for a period not to exceed 30 days for any one of the following reasons:
(1) Insanitary or other conditions which, in the opinion of the Health Officer, endanger the public health; and/or
(2) Interference with the Health Officer or any of his or her duly appointed representatives in the performance of his or her duties under this chapter.
(G) Upon written application from a permittee whose permit has been suspended served upon the Health Officer within 15 days after any order of suspension is made, the Health Officer shall conduct a hearing upon the matter after giving at least three days written notice of the time, place, and purpose thereof to such permittee. At such hearing, the Health Officer may affirm, modify, or revoke any order of suspension.
(H) Any order of revocation or suspension of a permit shall be issued by the Health Officer in writing and shall be served upon the permittee by leaving a copy at the place of business listed on the permit or in the alternative, by certified mail to such address.
(I) Any person, firm, or corporation whose permit has been suspended or revoked may, at any time, make application to the Health Officer pursuant to the terms of this chapter for re-issuance of such permit.
(Ord. 1989-15, passed 12-11-1985) Penalty, see § 110.99