(A) The Health Officer may, upon written notice, without prior warning or hearing, suspend any license to operate a food service for any of the following reasons:
(1) The operation, in the opinion of the Health Officer, constitutes an imminent health hazard, such as may be created by an extended loss of water supply, extended loss of power supply, sewage back-up into the establishment, severe structural damage, fire, flood, tornado or other cause;
(2) The food service has one or more critical item violation(s) not corrected at the time of inspection or has 20 or more non-critical item violations as confirmed by a complete and independent review by a second representative of the Health Officer;
(3) Interference with the Health Officer in the performance of his or her duties; or
(4) Failure to correct any specific violation on two or more consecutive routine inspections.
(B) Upon documentation being provided of the existence of any of the circumstances in division (A) above, the food service shall immediately cease operation, and shall immediately institute all corrective measures on all violations identified. Failure to voluntarily cease operations may result in an immediate license suspension.
(C) Suspension shall be for a period not exceeding 30 days. Whenever the license to operate a food service is suspended, the licensee or the person-in-charge, shall be notified in writing that the license to operate the food service is, upon serving of the notice, immediately suspended and that opportunity for a hearing will be provided if a written request for a hearing is filed, by the licensee or the person-in-charge, with the Health Officer within ten days. An opportunity for a hearing with the Health Officer shall be afforded within 20 days of receipt of the request. If no written request for hearing is filed within ten days, the suspension is sustained. Operations shall not be resumed until authorized by the Health Officer. The Health Officer shall end the suspension upon request of the licensee or the person-in-charge if the reason for the suspension no longer exists. Before the license is reinstated, a reinstatement fee, as provided in the Health Department Fee Schedule, shall be paid. If after 30 days the suspension is still in place, the Health Officer shall conduct a hearing for license revocation.
(D) In the event a temporary food service license expires, as provided in § 112.17(B), a new license may be obtained only after compliance with all requirements of this chapter, the reason for expiration no longer exists and a new application for license and appropriate fee are submitted. A second expiration of a temporary food service license, at any single event or celebration, shall be deemed a revocation of the license for that event. A new license may not be obtained until all reasons for revocation no longer exist and a period of 14 days has passed.
(Prior Code, § 16-42-5-24) (Ord. 102, passed 6-18-1973, 29 COM REC 422–423; Ord. 91-303, passed 4-1-1991, 91 COM REC 302–318; Ord. 2000-762, passed 11-20-2000, 2000 COM REC 761–780; Ord. 2005-322, passed 6-20-2005, 2005 COM REC 320–341)
Cross-reference: