(A) Application denial. If an application for a permit to operate a retail food establishment, mobile retail food establishment, or bed and breakfast establishment is denied, the County Health Department shall provide the applicant with a notice that includes:
(1) The specific reasons and rule citations for the permit denial; and
(2) The actions, if any, that the applicant must take to qualify for the permit, and notice of the applicant’s right of appeal, and the process and time frames for appeal that are provided by law.
(B) Follow-up inspection; Health Officer response to violators. If upon a follow-up inspection the Health Officer finds that a food operation, person, or employee is violating any provisions of this chapter which were in violation on the previous inspection concerning which a written order was issued, and the date by which the violation shall be abated has passed, the Health Officer may do any, or all, of the following:
(1) Offer the alleged violator an opportunity to enter into an agreed order providing for (the Health Officer is not required to extend the offer for more than 30 days):
(a) The actions required to correct the violation; and
(b) If appropriate, the payment of a civil penalty.
(2) Promptly issue a written order to the permittee of the food operation to appear at a certain time and place in the county in order to show cause why the permit issued under the provision of § 113.04(A) should not be revoked.
(3) Furnish evidence of the violation to county legal representatives for enforcement.
(C) Suspension of permit. Any permit issued under this chapter may be temporarily suspended by the Health Officer, without notice or hearing, for a period not to exceed 30 days if the Health Officer determines through inspection, or examination of employee, food, records, or other means as specified in this chapter, that an imminent health hazard exists.
(D) Revocation of permit. The Health Officer may revoke the permit and promptly give written notice of the action to the permittee due to any of the following:
(1) Upon a meeting with the operator, as described in division (B)(2) above, if the operator should fail to show cause why his or her permit should not be revoked;
(2) Interference with the Health Officer in the performance of his or her duties; and/or
(3) Habitual non-compliance with the requirements set forth by the State Department of Health, or by this chapter.
(E) Record keeping. The Health Officer shall maintain a permanent record of proceedings, filed in the office of the County Health Department.
(F) Permit reinstatement. Any person whose permit has been suspended or revoked may, at any time, make application, with demonstration of compliance, to the Health Officer for reinstatement of his or her permit.
(Ord. 2010-08, passed 2-23-2010)