(A) Required; compliance; transfer; posting.
(1) No person shall operate a food service establishment in the city, or its police jurisdiction, without first obtaining a valid license from the health authority, and only a person who complies with this chapter shall be entitled to receive and retain a license.
(2) Licenses issued under this chapter are not transferable to another person or place.
(3) A valid license therefor shall be posted in every food service establishment.
(B) Applications; certified manager required; inspections; issuance.
(1) In addition to the license application requirements of Chapter 801, an application for the license required in division (A)(1) hereof shall include the names and addresses of resident managers and the type of food service establishment proposed to be licensed. If the applicant is for a temporary food service establishment, the application shall also include the inclusive dates of the proposed operation.
(2) After January 1, 1979, each food service establishment shall employ a resident manager who has successfully and satisfactorily completed a recognized Food Service Managers’ Training Course and received certification for the completion by the state.
(3) Upon receipt of a license application, the health authority shall make an inspection of the food service establishment to determine compliance with this chapter. When the inspection reveals that the applicable provisions of this chapter have been met, the license shall be issued to the applicant by the health authority.
(C) Expiration of temporary food establishment license. A license for a temporary food establishment shall be issued for a period not to exceed 14 days.
(D) Suspension.
(1) A license issued under this chapter may be suspended temporarily by the health authority for failure of the holder to comply with any of the provisions of this chapter.
(2) Whenever a license holder or operator has failed to comply with any notice issued under § 840.10, the license holder or operator shall be notified in writing that the license is, upon service of the notice, immediately suspended or the establishment downgraded, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health authority by the license holder.
(3) Notwithstanding the other provisions of this chapter, whenever the health authority finds unsanitary or other conditions in the operation of a food service establishment which, in his or her judgment, constitute a substantial hazard to the public health, he or she may, without warning, notice or hearing, issue a written notice to the license holder or operator citing the condition, specifying the corrective action to be taken and specifying the time period within which the action shall be taken. If deemed necessary, the order shall state that the license is immediately suspended and that all food service operations are to be immediately discontinued. A person to whom an order is issued shall comply immediately therewith, but upon written petition to the health authority, shall be afforded a hearing as soon as possible.
(E) Reinstatement of suspended licenses. A person whose license has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the license. Within ten days following receipt of a written request for the reinspection, including a statement signed by the applicant that in his or her opinion the conditions causing the suspension of the license have been corrected, the health authority shall make a reinspection. If the applicant is found to be complying with the provisions of this chapter, the license shall be reinstated.
(F) Revocation. For a serious or repeated violation of any of the provisions of this chapter, or for interference with the health authority in the performance of his or her duties, the license may be permanently revoked after an opportunity for a hearing has been provided to the licensee. Prior to the action, the health authority shall notify the license holder in writing, stating the reasons for which the license is subject to revocation and advising that the license shall be permanently revoked at the end of five days following service of the notice, unless a request for a hearing is filed with the health authority, by the license holder, within the five-day period. A license may be suspended for cause pending its revocation or a hearing relative thereto.
(G) Hearings. Any hearing provided for in this section shall be conducted pursuant to Chapter 292 of these Codified Ordinances.
(Ord. passed 10-23-1978; Ord. 98-02, passed 1-13-1998)