(A) The Health Officer may, upon inspection and/or written notice, suspend any license to operate a retail food service establishment 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 loss of power supply, sewage back-up, loss of water supply, fire, flood, tornado, or other cause. Under this section, an establishment license may be immediately suspended prior to a Health Officer hearing, and the establishment ordered closed;
(2) Upon the outcome of a hearing, the Health Officer determines that continued operation of the retail food service establishment constitutes a risk to the public health;
(3) Interference with the Health Officer in the performance of his or her duties;
(4) Failure to correct a critical violation in the time period specified by the Health Officer, so that continued presence of the violation constitutes an imminent danger to the public health; or
(5) The retail food establishment has been placed on probationary status more than once in a calendar year.
(B) Suspension of a license shall be for a period not to exceed 30 days.
(C) (1) Whenever a food service license is suspended, the holder of the license, or the person in charge, shall be notified in writing that the license to operate the retail food service establishment is, upon the serving of the notice, immediately suspended.
(2) The owner or operator shall be entitled, upon written request, to a hearing to contest a suspension within ten days of a suspension order. If a written request to hold a hearing is not received, the suspension shall remain in effect.
(3) Failure of a retail food establishment to take all appropriate corrective action as identified by the Health Officer shall result either in a continuation of the suspension or a license revocation.
(D) The Health Officer may, after providing opportunity for hearing, revoke a food service license for any of the following reasons:
(1) Repeated occurrences of critical violations of this chapter found in consecutive inspections;
(2) Interference with the Health Officer in the performance of his or her duties;
(3) As a result of a license suspension; or
(4) Failure to correct an imminent danger to the public health.
(E) (1) Prior to license revocation, the Health Officer shall notify the license holder or the person in charge, in writing, of the reasons for which the license is subject to revocation.
(2) The license to operate the retail food service establishment shall be revoked at the end of ten days following service of the notice unless a written request is filed with the Health Officer within the ten-day period.
(3) If no request for a hearing is filed within the ten-day period, the revocation of the food service license shall be final.
(Ord. 2000-15, passed 8-8-00)