(A) The Health Officer or, in his or her absence his or her designee in consultation with the City Manager, may, without prior notice or hearing, suspend any permit to operate a food service establishment or retail food store if the operation of the food service establishment or retail food store constitutes a substantial and imminent hazard to public health. Suspension is effective immediately upon written notification and all food service operations shall immediately cease. Whenever a permit is suspended in accordance with this division, a hearing shall be held before the City Commission as soon as possible.
(B) Whenever a permit is suspended, except in the case of a substantial and imminent hazard to public health as provided for in division (A) above of this section, the applicant or person in charge shall be notified in writing that the permit will be suspended on a specified date and that an opportunity for hearing by the City Commission will be provided if a written request for a hearing is filed with the Health Officer by the applicant within five days. All food service operations shall cease upon the date specified in the notice pending the hearing. If no request for hearing is filed within five days, the suspension is sustained. The Health Officer may terminate the suspension at any time if reasons for the suspension no longer exist.
(C) The Health Officer, after providing opportunity for a hearing by the City Commission, may revoke a permit for serious violation or repeated violation of any of the requirements of this subchapter or for interference with the Health Department in the performance of its duties. Prior to revocation, the Health Officer shall notify the applicant or person in charge, in writing, of the reasons for which the permit is subject to revocation and the permit may be revoked at the end of five days following service of the notice. If the City Commission determines after the hearing that revocation is warranted or if a written request for a hearing is not filed with the Health Officer by the applicant within the five-day period, the revocation is sustained.
(D) A notice provided for in this section is properly served when it is delivered in person to the applicant or the person in charge of the permitted business, premises or vehicle or when it is sent by registered or certified mail, return receipt requested to the last known address of the applicant. A copy of the notice shall be filed in the records of the Health Department.
(E) The hearings provided for in divisions (A), (B) and (C) above of this section shall be conducted at a time and place designated in the written notice. Based upon recorded evidence of the hearings, the City Commission shall make final findings and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the applicant by the City Commission.
(F) The City Commission may delegate the responsibility and authority for the hearings provided in this section to a panel, consisting of five adult residents of the county. The selection and appointment of this alternate panel may be made by the City Commission or the City Commission may delegate the selection and appointment to the City Manager.
(G) Whenever a revocation of a permit has become final the applicant with a revoked permit may make written application for a new permit.
(Ord. 590, passed 2-9-1999)