(A) Permits. It shall be unlawful for any person to operate a market food establishment within the city who does not possess a valid market food establishment permit issued for that food establishment by the enforcement authority. Such permit shall be posted in a conspicuous location. Permits shall not be transferable.
(B) Issuance of permits. The enforcement authority shall review the contents of the application and make a determination of approval or denial. The enforcement authority may require an inspection of the applicant's operations prior to the approval of the application. The applicant shall remit payment for the permit prior to the commencement of operations. If approved, a permit shall be issued following the payment of all applicable fees and compliance with the requirements of §§ 9-6-7-1 et seq. and other laws, regulations and ordinances. Failure to pay the permit fee within 14 calendar days of permit approval will result in the cancellation of the application and the applicant must re-apply.
(C) Term and scope of permit. The term of each approved market food establishment permit shall begin on (i) April 1, if the market food establishment application was submitted on or before March 15, or (ii) the date of issuance. The term of each market food establishment permit shall end on March 31. A market food establishment permit authorizes a market food vendor to operate at any market, subject to the requirements of this ordinance and the market coordinator, within city limits.
(D) Service of notices. Notices provided for under this ordinance 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.
(E) Denial of permit. The enforcement authority may refuse to issue a permit to any applicant 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 §§ 9-6-7-1 et seq. or of other laws, regulations or ordinances or any applicable rules or orders issued pursuant to a Civil Emergency or Public Health Emergency, as those terms are defined in state law or ROA 1994, Chapter 2, Article 9, Part 1. 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 was denied. An opportunity for a hearing to appeal the denial of a permit will be provided if a written request for hearing is filed with the City Clerk's office within 15 working days. A hearing shall be held in accordance with division (J) of this section.
(F) Suspension of permits.
(1) Permits may be suspended by the enforcement authority for:
(a) Failure of the holder to comply with the requirements of §§ 9-6-7-1 et seq. or of other laws, regulations or ordinances or any applicable rules or orders issued pursuant to a Civil Emergency or Public Health Emergency, as those terms are defined in state law or ROA 1994, Chapter 2, Article 9, Part 1.
(b) Failure of the permit holder or operator to comply with corrective actions required by the enforcement authority, within a time period specified by the enforcement authority, after the enforcement authority has completed an inspection and found violations. If the violations are not corrected within the time period specified by the enforcement authority, the market food establishment shall immediately cease operation.
(2) The permit holder or operator shall be notified in writing that the permit is immediately suspended. A permit holder may appeal the suspension of a permit by making written request to the enforcement authority within 15 working days of notice of suspended permit. A hearing shall be held in accordance with division (J) of this section.
(3) Immediate suspension for imminent health hazard. Notwithstanding the other provisions of §§ 9-6-7-1 et seq., whenever the enforcement authority finds an imminent health hazard or other conditions in the operation of a market food establishment which, in its judgment, constitute a substantial hazard to the public health, the enforcement authority 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 action shall be taken; and, if deemed necessary, such order shall state that the permit is immediately suspended and all food-service or food processing operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith. A permit holder may appeal the suspension by requesting a hearing within 15 working days of the notice of suspension. A hearing shall be held in accordance with division (J) of this section.
(G) 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. At the next date of the market food establishment's operations following receipt of a written request for reinspection, and subject to availability of the enforcement authority, the enforcement authority shall make a reinspection. If the enforcement authority deems that the permit holder complies with the requirements of §§ 9-6-7-1 et seq. and other applicable laws, regulations, and ordinances, the permit shall be reinstated.
(H) Revocation of permits.
(1) A permit may be revoked by the enforcement authority for the following:
(a) For failure of an establishment to correct violations, upon reinspection, when the establishment's permit has been suspended for failure to meet the requirements of this §§ 9-6-7-1 et seq.
(b) For the second suspension within any 36-month period for any market food establishment.
(c) For refusal of inspection of the establishment after proper identification has been tendered by the enforcement authority.
(d) For interference with or harassment of the enforcement authority in the performance of its duties.
(2) Prior to revoking a permit, 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 after service of such notice, unless a written request for a hearing is filed with the City Clerk's office by the permit holder within such five working day period in accordance with division (J) of this section. The hearing shall be scheduled within five working days following receipt of the written request by the City Clerk's office. The permit shall be deemed suspended from the date of notice of revocation until the issuance of the hearing officer's decision.
(I) Application for a new permit after revocation.
(1) A permit holder may, after 90 calendar days following permit revocation, submit a written application to the enforcement authority for a new permit and shall pay all applicable fees for a new permit and any outstanding fees associated with the revoked permit.
(2) The permit fee due for the new permit shall be determined by the date the new permit is issued by the enforcement authority.
(J) Hearings. The Independent Hearing Officer shall conduct the hearings provided for in this ordinance in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8. Any enforcement action adversely impacting a permit holder that is not specifically provided for in this section is nonetheless subject to review under this section if a hearing request is filed within 15 working days of the action and in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(K) Judicial review. The exclusive remedy for any party to appeal a final decision of the 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.
(L) Injunctive relief. As an additional remedy, if any person, permit holder, or market food establishment violates the provisions of §§ 9-6-7-1 et seq., the enforcement authority may seek injunctive relief in a court of competent jurisdiction.
(M) Issuance of citations. Citations may be issued by the enforcement authority for failure to comply with any requirement set forth in §§ 9-6-7-1 et seq.