(A) Permits. It shall be unlawful for any person to operate a food establishment within the city who does not possess a valid permit issued to him by the enforcement authority. Such permit shall be posted in a conspicuous place, and only such persons who comply with the requirements of §§ 9-6-2-1 et seq. and other applicable laws, regulations, and ordinances shall receive and retain such permit. Permits shall not be transferable from one person to another person or place.
(B) Issuance of Permits. The enforcement authority shall be contacted at least two working days prior to the anticipated opening date of the establishment for an inspection to determine compliance with the provisions of §§ 9-6-2-1 et seq. When the inspection reveals that the requirements of §§ 9-6-2-1 et seq. and other applicable laws, regulations and ordinances have been met, a permit application is issued. The applicant shall remit payment for the permit within five days of the enforcement authority's approval of the application. If an applicant falls to pay after 30 days following the enforcement authority's approval of the application, the enforcement authority may cancel the application. A permit will be issued after compliance.
(C) Denial of Permit. The enforcement authority may refuse to issue a permit to any person who fails to demonstrate, to the satisfaction of the enforcement authority, the ability to comply with or who fails to comply with the requirements of §§ 9-6-2-1 et seq. and other laws, regulations and ordinances applicable to the proposed operation. In the event the enforcement authority denies a permit, the enforcement authority shall notify the applicant in writing, stating the reasons for which the permit application is denied.
(1) Service of Notices. Notices provided for under this division shall be deemed to have been properly served when the original of the Inspection report form or other written notice has been delivered personally to the permit applicant, or such notice has been sent by registered or certified mail, return receipt requested, to the last known address of the permit applicant. A copy of such notice shall be filed with the records of the enforcement authority.
(2) An opportunity for a hearing will be provided if a written request for a hearing is filed with the City Clerk's office within 15 working days. A hearing shall be granted in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(D) Suspension of Permits. Permits may be suspended by the enforcement authority for failure of the holder to comply with the requirements of §§ 9-6-2-1 et seq. or of other applicable laws. An establishment's operating permit shall be immediately suspended in lieu of a third downgrading during any 36-month period under the same business management. Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this section, the permit holder or operator shall be notified in writing that the permit is, upon service of this notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for hearing is filed with the City Clerk's office within 15 days. Notwithstanding the other provisions of §§ 9-6-2-1 et seq., whenever the enforcement authority finds an imminent health hazard or other conditions in the operation of a food establishment which, in his judgment, constitute a substantial hazard to the public health, he may without any prior warning, notice, or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended and all operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, and shall be granted a hearing upon written request in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(E) Reinstatement of Suspended Permits. Any person whose permit has been suspended, may at any time, make application for a reinspection for the purpose of reinstatement of the permit. Within five working days following receipt of a request of reinspection, the enforcement authority shall make a reinspection. If the applicant complies with the requirements of §§ 9-6-2-1 et seq. and other applicable laws, the permit shall be reinstated.
(F) Revocation of Permits. For three or more suspensions within a 60-month period under the same business management; for failure of an establishment which has received a Grade of “Unsatisfactory” to meet the requirements of an “Approved” Grade within the required time period; for the fourth downgrading or second suspension in lieu of downgrading within any 36-month period under the same business management; for refusal of entry after proper identification has been tendered; or for interference with the enforcement authority in the performance of his duties, the permit may be revoked after an opportunity for a hearing has been provided by the enforcement authority. Prior to such action, the enforcement authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be revoked at the end of five working days following the service of such notice, unless a request for a hearing is filed. A permit may be suspended for cause pending its revocation or a hearing relative thereto. A permit may be revoked after a hearing in lieu of a third suspension within a 60-month period.
(G) Application for a New Permit After Revocation.
(1) After a permit is revoked, the former permit holder may submit a written application to the enforcement authority for a new permit and shall pay all applicable fees.
(2) The annual fee due date for the new permit shall be determined by the date the permit is issued by the enforcement authority.
(H) Hearings. The hearings provided for in this division shall be conducted by the Independent Hearing Officer in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(I) Judicial Review. The exclusive remedy for any party dissatisfied with any final decision of hearing officer is to file a petition to the District Court within 30 days after service of written notice of the decision of the concerned party. The petition for review shall be limited to the record.
(J) Injunctive Relief. As an additional remedy, if any food establishment violates the provisions of §§ 9-6-2-1 et seq., the enforcement authority may seek injunctive relief in a court of competent jurisdiction.
(K) Issuance of Citations. Citations may be issued by the enforcement authority for failure to comply with any requirement set forth in §§ 9-6-2-1 et seq.
(L) A nonrefundable hearing fee of $50 shall accompany each application for hearing conducted by the hearing officer pursuant to this section.
('74 Code, § 6-26-12) (Ord. 70- 1978; Am. Ord. 10-1988; Am. Ord. 2022-027; Am. Ord. 2023-015)