(A) Grounds for revocation. A food dealer's permit may be revoked if:
(1) The permit holder or his agents or employees interfere with an inspection of the food establishment by the Health Officer or his authorized agents.
(2) There are repeated or serious violations of Federal or State food laws.
(3) There are repeated or serious violations of this chapter.
(4) In the case of mobile food service units, the permit holder or his agent has not reported an accident to the Health Officer within 24 hours of the time the accident occurred if such accident resulted in damage to the water system, waste retention tank, food service equipment, or any facility which may result in the contamination of the food being carried or any damage which results in a violation of the provisions of this chapter.
(B) Notice. Prior to revocation, written notice shall be given to the permit holder or person in charge. Such notice shall state:
(1) The grounds for revocation.
(2) The specific provisions of law upon which the city will rely in seeking revocation of the permit.
(3) That a hearing will be held before the Director or his designated agents.
(4) The date, time, and place of such hearing.
(5) That the permit holder may appear in person, be represented by counsel, present testimony, and cross-examine all witnesses.
(C) Hearing. Such hearing shall be held in accordance with § 113.43 of this chapter. If the permit holder fails to appear at the hearing at the time, place and date specified, the Health Department shall present sufficient evidence to establish a prima facie case.
(D) Findings. After completion of a hearing, the Hearing Officer shall make written findings. If the Hearing Officer finds that grounds do exist for revocation of the permit, he shall revoke same. A copy of the findings and order of revocation shall be sent to the permit holder by certified mail, return receipt requested. If the address of the permit holder is unknown, or if such papers are returned undelivered, such papers shall be served on the person in charge of the food establishment or mobile food service unit.
(E) Upon service of a written notice that the permit has been revoked as provided herein, all food operations shall cease.
(F) Whenever a permit is revoked, it shall be removed from the premises or vehicle by the Health Officer.
(G) If a permit is revoked, no refund of any part of the permit fee shall be made. Reinstatement of a permit which has been revoked shall require application and payment of a permit fee as if it were an initial application.
(H) Any notice provided in this chapter may be served by personal delivery or by certified mail, return receipt requested.
(Ord. 79-1, passed 2-13-79)