(a) The Director of Public Health may suspend or revoke a food license upon determining that the license holder is in violation of any requirement of RC Chapter 3717 or the rules adopted thereunder, which are applicable to retail food establishments and food service operations, including a violation evidenced by the documented failure to maintain sanitary conditions within the operation.
(b) Except in the case of a violation that presents an immediate danger to the public health, prior to initiating an action to suspend or revoke a food license, the Director of Public Health shall give the license holder written notice specifying each violation and a reasonable time within which each violation must be corrected to avoid suspension or revocation of the license. The Director of Public Health, and/or authorized employee, may extend the time specified in the notice for correcting a violation if the license holder, in the sole discretion and determination of the Director of Public Health, is making a good faith effort to correct the alleged violation. If the license holder fails to correct the violation in the time granted by the Director of Public Health, and/or authorized employee, the Director of Public Health, and/or authorized employee, may initiate an action to suspend or revoke the food license by giving the license holder written notice of the proposed suspension or revocation.
(c) In the case of a violation that presents an immediate danger to the public health, the Director of Public Health may issue an immediate order of suspension or revocation of a food license without giving written notice or affording the license holder the opportunity to correct the violation.
(d) The license holder may appeal the proposed suspension or revocation of a food license or the immediate order of suspension or revocation of a food license as provided in RC 3717.29 and 3717.49 and in conformance with the rules of procedure adopted thereunder. In such cases, the Director of Public Health is charged with presiding over the hearing and is authorized to render a decision denying, suspending or revoking a license, or rendering a decision to dissolve or continue an issued suspension. A food license can be suspended for a period up to thirty (30) days.
(e) A mobile food shop permit issued under Section 241.36 may be suspended or revoked by the Commissioner of Assessments and Licenses for violations of Sections 241.37 and/or 241.38. The permittee or applicant may appeal a suspension, revocation, or disapproval of a permit to the Commissioner of Assessments and Licenses within twenty (20) days of the date of notice of suspension, revocation, or disapproval. The permittee or applicant may appeal the Commissioner's decision to the Board of Zoning Appeals established pursuant to Charter Section 76-6. Notice of such appeal shall be in writing and shall be filed with the Board within ten (10) days from the date of the written decision of the Commissioner.
(f) If a food license has been revoked due to a violation of any of the laws set forth in this chapter, then such food shop may not reapply for a license or permit to operate such a business at the same location for a period of six (6) months after the date of revocation.
(Ord. No. 507-15. Passed 7-22-15, eff. 7-27-15)