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(A) It shall be unlawful for any person to operate a food service establishment or retail food store within the city, who does not possesses a valid license issued to him or her by the City Clerk. Only a person who complies with the requirements of this chapter shall be entitled to receive and retail such a license. Licenses shall not be transferable from one person to another person or place.
(B) A valid license shall be posted in a conspicuous place in every food service and retail food establishment.
(Prior Code, § 115.127) Penalty, see § 115.999
Licenses for permanent food service establishments and retail food stores shall expire on April 30 next following the date of issuance. Licenses for temporary food service establishments and temporary retail food stores shall be issued for a period of time not to exceed 14 days.
(Prior Code, § 115.128)
(A) Any person desiring to operate a food service establishment or retail food store or to renew an expired license shall make written application for a permit on forms provided by the Health Authority. Such application shall include: the applicant’s full name and post office address and whether such applicant is an individual, firm or corporation; and, if a partnership, the names of partners, together with their addresses shall be included; the location and type of the proposed food service establishment or retail food store; and the signature of the applicant or applicants. If the application is for a temporary food service establishment or temporary retail food store, it shall also include the inclusive dates of the proposed operation.
(B) Upon receipt of such an application, the Health Officer shall make an inspection of the establishment to determine compliance with the provisions of this subchapter. When inspection reveals that the applicable requirements of this subchapter have been met, a license shall be issued to the applicant by the Health Authority.
(Prior Code, § 115.129)
Whenever the inspection for renewal of a license reveals serious or repeated violations of this subchapter, the license will not be issued and the Health Authority shall notify the applicant immediately thereof. Such notice shall state the reasons for not renewing the permit. Such notice shall also state that an opportunity for a hearing shall be provided for the applicant at a time and place designated by the Health Authority. Such hearing shall be scheduled not later than ten days from the date of the notice. The notice referred to in this delivered to the applicant in person by the Health Authority.
(Prior Code, § 115.130)
(A) Licenses may be suspended temporarily by the Health Authority for failure of the license holder to comply with the requirements of this subchapter. Whenever a license holder or operator has failed to comply with any notice issued under the provisions of this subchapter, the license holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended 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.
(B) (1) Upon suspension of the license, the license shall be removed from the establishment by the Health Authority and returned to the Health Department.
(2) Notwithstanding the other provisions of this subchapter, whenever the Health Officer finds unsanitary or other conditions in the operation of a food service establishment or retail food store which, in the Health Officer’s judgement, 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 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 license is immediately suspended, and all operations as a food service establishment or retail food store are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately herewith, but upon written petition to the Health Authority shall be afforded a hearing within 72 hours.
(Prior Code, § 115.131)
Any person whose license has been suspended may, at any time, make application for a reinspection for the purpose of reinstatement of the license. Within 48 hours following receipt of a written request, including a statement signed by the applicant that in the applicant’s opinion the conditions causing suspension of the license have been corrected, the Health Officer shall make a reinspection. If the applicant is complying with the requirements of this subchapter, their license shall be reinstated.
(Prior Code, § 115.132)
(A) For serious or repeated violations of any of the requirements of this subchapter, or for interference with the Health Authority in the performance of its duties, the license may be permanently revoked by the Mayor and City Council after an opportunity for a hearing has been provided by the Health Authority.
(B) Prior to such 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 such notice, unless a request for a hearing is filed with the Health Authority, by the license holder, within such five-day period.
(C) If no request for a hearing is filed within the five-day period, the revocation of the license becomes final.
(Prior Code, § 115.133)
(A) The hearings (suspension or revocation) provided for in this section shall be conducted by the Health Authority at a time and place designated by the Health Authority.
(B) Based upon the record of such hearing, the Health Authority shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing.
(Prior Code, § 115.134)
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