(A) General. No person shall operate a food service facility without a valid permit issued to that person by the Health Officer. The permit is not transferrable. A valid permit shall be posted in every food service facility.
(1) Application. Any person desiring to operate a food service facility shall make written application for a permit to operate the food service facility on forms provided by the Health Officer. The application shall include the name and address of each applicant, the location and type of the proposed food service facility, and any other information deemed necessary by the Health Officer.
(2) Fees. Fees to operate a food service facility shall be paid to the Health Officer prior to the issuance of a permit. Fees shall be assessed in accordance with the current fee schedule adopted by the County Board as codified in § 178.01.
(a) Exemption. Non-governmental not-for-profit organizations that do not charge for food services are exempt from the fee schedule.
(3) Inspections. As deemed appropriate, before issuing a permit to operate a food service facility, the Health Officer shall inspect the proposed food service facility to determine compliance with the provisions of this subchapter.
(B) Permanent food service facility permits. A permit to operate a permanent food service facility, with the exception of a seasonal facility, shall be valid for one year from January 1 through December 31, and shall be renewed annually. Facilities that operate for six months or less during a calendar year may obtain a seasonal permit that is valid for 6 months during that calendar year.
(1) Suspension of permit.
(a) Cause. The Health Officer may, upon written notice, without prior warning, notice, or hearing, suspend any permit to operate a food service facility, when the Health Officer determines that the operation of the food service facility constitutes an imminent hazard to the public health. When the permit is suspended because of an imminent hazard, food service operations shall cease immediately.
(b) Written notice. Whenever a permit to operate a food service facility is suspended, the holder of the permit to operate the food service facility, or the person in charge, shall be notified in writing that the permit to operate the food service facility is, upon service of the notice, immediately suspended and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the Health Officer by the holder of the permit within ten days. If a written request is filed within ten days, an opportunity for a hearing with the Health Officer shall be afforded within 35 days of receipt of the request. The Health Officer shall end the suspension if the reasons for the suspension no longer exist.
(2) Revocation of permit.
(a) Cause. The Health Officer may, after providing opportunity for a hearing, revoke a permit for:
(i) Repeated violations of the time-temperature control, handwashing, or cross contamination requirements of this subchapter;
(ii) Interference with the Health Officer in the performance of its duty; or
(iii) Failure to correct an imminent hazard.
(b) Notification. Before revocation, the Health Officer shall notify the holder of the permit to operate the food service facility or the person in charge, in writing, of the reasons for which the permit is subject to revocation. The permit to operate the food service facility shall be revoked at the end of the ten days following service of the notice unless a written request for a hearing is filed with the Health Officer by the holder of the permit within the ten-day period. If no request for hearing is filed within the ten-day period, the revocation of the permit to operate the food service facility becomes final.
(c) Service of notice. A notice provided for in this subchapter is properly served when it is delivered to the holder of the permit to operate the food service facility or to the person in charge, or when it is sent by registered, certified mail, or email to the last known address of the holder of the permit to operate a food service facility. A copy of the notice shall be filed in the records of the Health Officer.
(d) Application after revocation. Whenever a revocation of a permit to operate a food service facility has become final, the holder of the revoked permit may make written application for a new permit to operate a food service facility as provided in § 173.04(A).
(C) Temporary food service facility permits. A permit to operate a temporary food service facility shall be valid for a period of time as specified by the defined permit type and as issued by the Health Officer.
(1) Suspension of permit.
(a) Cause. The Health Officer may, upon written notice, without prior warning, notice, or hearing, suspend a permit to operate a temporary food service facility, when:
1. The Health Officer determines that the operation of the temporary food service facility constitutes an imminent hazard to the public health; or
2. The Health Officer determines that the operator of the temporary food service facility submitted false, inaccurate or invalid information on the application regarding the food source or origin, the storage of the food, the commissary used, or any other information that, if it had accurately been submitted, would have resulted in the Health Officer refusing to issue the permit.
(b) Written notice. When a temporary food service facility permit is suspended, the holder of the permit to operate the temporary food facility food service facility, or the person in charge, shall be notified in writing that the permit to operate the temporary food service facility is, upon service of the notice, immediately suspended.
(c) Resumption of operations. When a temporary food service facility permit is suspended, food service operations shall cease immediately and may not resume until the conditions that were the cause of the suspension have been corrected and verified by the Health Officer.
(D) Hearings. The hearings provided for in this subchapter shall be conducted in accordance with Chapter 176, §§ 176.15 through 176.17.
(1977 Code, § 2:1-3) (Ord. [Bd of Health Ord., Art. III] passed 6-13-1995; Ord. 18-0950, passed 9-11-2018; Ord. 22-1608, passed 11-15-2022)