(A) Notification. The Health Authority, with the approval of the City Manager, may immediately close a food establishment if a violation is found that constitutes an imminent health or safety hazard. After written notice is provided, the food establishment operator must immediately cease operation. The notice must identify the food establishment, describe the specific grounds for closure of the establishment, direct the immediate closure of the establishment and vacating of the premises by consumers, list the corrective actions necessary to re-open the establishment, and state that a hearing on the emergency closure may be requested by the licensee. The notice must be served upon the owner, food establishment operator, or person-in-charge.
(B) Reopening process. The person-in-charge or person receiving the order must close the establishment and ensure the premises is vacated in accordance with the notice. The establishment must remain closed until the Health Authority rescinds the order for emergency closure. When the food establishment operator notifies the health authority that the violations have been corrected, the Health Authority must re-inspect the food establishment within a reasonable length of time. If all violations constituting the ground for emergency closure have been corrected, the Health Authority must reopen the establishment.
(C) Appeal process. The licensee may appeal the temporary suspension and request a hearing in writing as to the conditions, if any, to be imposed for reopening the food establishment. The hearing must be held within two business days. A written decision must be made within two business days after the conclusion of the hearing.
(Ord. 2001-958, passed 10-22-01) Penalty, see § 10.99