(A) Requirement. It shall be unlawful for any person to operate a food establishment in the city, unless he or she possesses a current and valid health permit issued by the Health Department.
(B) Posting. A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued.
(C) Non-transference (change of ownership). Permits issued under the provisions of this chapter are not transferable. Upon change of ownership of a business, the new business owner will be required to meet current standards as defined in city ordinances and state law before a permit will be issued.
(D) Multiple permits. A separate permit shall be required for every type food establishment, temporary food establishment and child care facility whether situated in the same building or at a separate location. Lounge operations located in the same building on the same floor operating under the same liquor license will not require a separate permit.
(E) Suspension of permit. The Health Department may suspend any permit to operate a food establishment if the operation of the establishment does not comply with the requirements of this chapter, state laws and rules or the operation of the food establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten days of receipt of a written request for a hearing. Suspension is effective after a ten- day notice period is given by the Health Department in the event a public hearing is not requested. When a permit is suspended, food service operations shall immediately cease.
(F) Notification of right to hearing. Whenever a notice of suspension is given, the holder of the permit or the person in charge shall be notified in writing that an opportunity for a hearing will be provided. If no written request for hearing is filed within ten days, the permit is suspended. The Health Department may end the suspension any time if reasons for suspension no longer exist.
(G) Revocation of permit. The Health Department may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules for interference with the Health Department in the performance of its duties. Prior to revocation, the Health Department shall notify the holder of the permit or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten days following service of the notice. Unless a written request for a hearing is filed with the Health Department by the holder of the permit within the ten-day period, the revocation of the permit becomes final.
(H) Service of notices. A notice provided for in these rules is properly served when it is delivered to the holder of the permit, license or certificate, or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit, license or certificate. A copy of the notice shall be filed in the records of the regulatory authority or as otherwise established under the statutes herein.
(I) Hearings. The hearings provided for in these rules shall be conducted by the regulatory authority at a time and place designated by it. Based upon the recorded evidence of the hearings, the regulatory authority shall make a final finding, 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 holder of the permit, license or certificate by the regulatory authority.
(J) Right of appeal. Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the Director of the County Health Department.
(K) Application after revocation. Whenever a revocation of a permit has become final, the holder of the revoked permit may make written application for a new permit to the Health Department.
(L) Permit fees.
(1) A health permit fee as established by the Commissioners’ Court in incorporated and unincorporated areas of the county is required annually for each food establishment. Fees are due and payable on or before February 1 and are to be paid to the County Health Department, at P.O. Box 820, Kountze, Texas 77625.
(2) A health permit fee as established by the Commissioners’ Court in incorporated and unincorporated areas of the county is required of any food establishment operating less than 14 days. Fees are due and payable as listed in division (L)(1) above.
(Ord. passed 3-17-1992)