(a) Upon receipt of such application, accompanied by the required fee, it shall be the duty of the Department to investigate the matters set forth in such application, and the sanitary conditions in the place where it is proposed to conduct the business or activity mentioned in the application, or in the case of a unified program facility, or facility eligible for the small quantity medical waste generator registration program, investigate the conditions in and about the place where it is proposed to conduct the activities subject to the unified program or other requirement specified in the application. If the Department determines that the statements contained in the application are true, and that the existing sanitary conditions in the place mentioned in said application comply with the provisions of law, the Medical Waste Management Act, or in the case of a unified program facility the facility complies with unified program facility requirements of this Code and State laws, a permit, license or registration shall thereupon be granted. Such permit, license, or registration shall be granted only upon the express condition that it shall be subject to revocation or suspension by said Department upon a showing satisfactory to said Department of a violation by the holder of such permit or any person acting with their consent or under their authority, of any applicable provision of law regulating places or activities of the character for which the permit, license, or registration is granted.
(b) Pursuant to California Health and Safety Code Section 114387, the Director of Environmental Health may order the closure of any food facility that is operating without a permit, and may administratively impose and directly invoice the facility operator for a penalty of up to 300% of the applicable permit fee. These consequences are in addition to penalties under sections 114390 to 114399 of the California Health and Safety Code. If a closure is ordered pursuant to this subsection the Director of Environmental Health shall notify the operator of their right to a hearing as provided in section 114409 of the Health and Safety Code. If a penalty is imposed under this subsection but the facility is not ordered to close, the Director of Environmental Health shall notify the operator of their right to appeal as set out in Section 16.101 to 16.106 of the County Code.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10606 (N.S.), effective 7-1-19; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21)