(A) A variance may be granted to a Food Establishment when it is presented with adequate proof that a provision of This Ordinance or the Rules creates an undue burden on the Food Establishment and granting of the variance will not result in a condition injurious to health or safety.
(1) Any Permit Holder seeking a variance shall submit a request to the Enforcement Authority, in writing, setting forth their reasons for the variance and stating the length of time for which they seek the variance.
(2) The Enforcement Authority shall review the request for variance and provide a written decision within a reasonable amount of time. The variance must be approved by the Enforcement Authority prior to commencement of the operation requiring the variance.
(B) Notice. Notice of the Variance approval or denial shall be provided in accordance with § 9-6-17 of This Ordinance.
(C) Hearing. A Permit Holder may appeal the notice of the Variance approval or denial, or embargo of Food or equipment 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.