(A) The Enforcement Authority may immediately suspend a Permit when the Enforcement Authority finds:
(1) The Food Establishment fails to comply with the requirements of This Ordinance, the Rules, or other laws;
(2) The Food Establishment is violating a condition of any Permit;
(3) An Imminent Health Hazard at the Food Establishment;
(4) A Food Establishment has failed to follow any corrective actions within the timeframe prescribed by the Enforcement Authority;
(5) A Food Establishment has violated a Safety Plan associated with a Special Process as they are defined in the Rules;
(6) A Food Establishment has violated a Compliance Plan;
(7) A Food Establishment employee has refused to allow the Enforcement Authority to enter the Food Establishment after proper identification has been tendered;
(8) The Enforcement Authority has issued a third notice of civil penalty to the Food Establishment for the same offense;
(9) The Enforcement Authority has issued a third Grade of Unsatisfactory, as defined in the Rules, to a Food Establishment during any 36-month period under the same Permit;
(10) A commissary is allowing any Person to operate a Food Establishment on its premises that is not in possession of a Valid Permit; or
(11) A Food Establishment that was issued a Permit, with a Variance, while seeking a liquor license from the State of New Mexico in accordance with the Liquor Control Act, § 60-3A-1 et seq. NMSA 1978, is found to be in operation without first notifying the Enforcement Authority and passing a pre-opening inspection with a Grade of Approved or Conditional Approved.
(B) Suspension Procedure.
(1) The Enforcement Authority shall notify the Permit Holder of the suspension and associated Grade of Closure in writing.
(2) When a Permit is suspended, the Enforcement Authority shall close the Food Establishment and post the Closed Sign in a conspicuous location, visible to the public.
(3) Upon suspension, the Permit Holder for the Food Establishment shall maintain or cause to be maintained the Closed Sign in an unobstructed manner in the location where the sign was originally posted by the Enforcement Authority.
(4) The Food Establishment shall not operate while the Food Establishment Permit is suspended.
(5) The Food Establishment shall remain closed and the Closed Sign shall remain in place until the suspension is modified in accordance with the IHO Ordinance, the suspension is vacated by the Enforcement Authority when the conditions leading to the suspension no longer exist, or the Permit is revoked.
(6) Notice. Notice of Permit suspension shall be provided in accordance with § 9-6-1 of This Ordinance.
(7) Hearing. The Permit Holder may appeal the Permit suspension by filing written notice of appeal and requesting a hearing with the City Clerk’s office within fifteen (15) business days of notice in accordance with § 9-6-18 of This Ordinance.
(C) Reinstatement of Suspended Permits. Any Person whose Permit has been suspended may at any time request a reinspection for the purpose of reinstatement of the Permit. The Enforcement Authority shall reinstate the Permit if, after performing a reinspection, the Enforcement Authority finds that the Permit Holder complies with the requirements of This Ordinance, the Rules, and other laws.
(D) Revocation of Permits.
(1) Permits may be revoked by the Enforcement Authority when:
(a) A Food Establishment Permit has been suspended and not reinstated; or
(b) A Food Establishment receives the fourth Grade of Unsatisfactory, as defined in the Rules, within any thirty-six (36) month period under the same Permit; or
(c) A Food Establishment receives the third Grade of Closure, as defined in the Rules, within any thirty-six (36) month period under the same Permit.
(E) Revocation Procedure.
(1) The Enforcement Authority shall notify the Permit Holder of the revocation and closure in writing.
(2) When a Permit is revoked, the Enforcement Authority shall order the closure of the Food Establishment and post the Closed Sign in a conspicuous location, visible to the public. The Food Establishment shall not operate while the Food Establishment Permit is revoked.
(3) The Permit Holder for the Food Establishment shall maintain or cause to be maintained the Closed Sign in an unobstructed manner in the location where the sign was originally posted by the Enforcement Authority.
(4) The Food Establishment shall remain closed and the Closed Sign shall remain in place until the revocation is modified in accordance with the IHO Ordinance, or the revocation is vacated by the Enforcement Authority when the conditions leading to the suspension no longer exist.
(5) Notice. Notice of revocation shall be provided in accordance with § 9-6-17 of This Ordinance.
(6) Hearing. The Permit Holder may appeal the Permit revocation by filing written notice of appeal and requesting a hearing with the City Clerk’s office within fifteen (15) business days of notice in accordance with § 9-6-18 of This Ordinance.
(F) Compliance Plan. In lieu of suspension or revocation of a Permit, the Enforcement Authority may allow a Food Establishment to follow a Compliance Plan for current or past failure of the Food Establishment or Permit Holder to meet the requirements of This Ordinance.
(1) A Compliance Plan may be issued to a Food Establishment that receives a second Grade of Unsatisfactory or Closure, as defined in the Rules, from the Enforcement Authority, within a thirty-six (36) month period under the same Permit.
(2) A Compliance Plan shall be on a form approved by the Enforcement Authority and include all written requirements for operation of the Food Establishment, and be signed by the Enforcement Authority and the Permit Holder.
(a) The Enforcement Authority may amend a Compliance Plan when a Food Establishment submits a written request to the Enforcement Authority and the Enforcement Authority determines that the amendment will not pose a risk to public health.
(3) Each Compliance Plan shall remain in place until the Food Establishment has received three consecutive Grades of Approved or all applicable fees have been paid in full.
(G) Application for a New Permit After Revocation. After a Permit is revoked, a former Permit Holder may submit a pre-inspection application consistent with This Ordinance for a new Permit only after ninety (90) days have passed after the revocation date, any outstanding fees from the revoked Permit are paid, and the former Permit Holder demonstrates to the Enforcement Authority that all previously issued corrective actions have been completed.