(A) Application denial. If an application for a plan review and/or permit to operate a bed and breakfast establishment and/or retail food establishment is denied, the County Health Department shall provide the applicant with a notice that includes:
(1) The specific reasons and rule citations for the application and/or permit denial;
(2) The actions, if any, that the applicant must take to qualify for the application and/or permit; and
(3) Advisement of the applicant’s right of appeal and the process and time frames for appeal that are provided by law.
(B) Follow-up inspection; County Health Department response to violators.
(1) If upon a follow-up inspection, the County Health Department finds that a food operation, person, or employee is violating any provisions of this chapter which were in violation on the previous inspection concerning which a written order was issued, and the date by which the violation shall be abated has passed, the County Health Department may do any or all of the following:
(a) Offer the alleged violator an opportunity to enter into an agreed order providing for:
1. The actions required to correct the violations; and
2. If appropriate, the payment of civil penalty.
The County Health Department is not required to extend the offer for more than 30 days.
(2) Promptly issue a written order to the permittee of the food operation to appear at a certain time and place in the county, in order to show cause why the permit issued under the provision of division (C) should not be revoked.
(3) Furnish evidence of the violation to the county legal representatives for enforcement.
(C) Permit suspension. The County Health Department may suspend a permit to operate a bed and breakfast establishment and/or retail food establishment if it determines through inspection, or examination of employee, food, records, or other means as specified in this chapter, that an imminent health hazard exists. A suspension shall not exceed 30 calendar days. The permit may be suspended for a longer period of time as determined by the Health Officer.
(D) Permit revocation. The County Health Department may revoke a permit to operate a bed and breakfast establishment and/or retail food establishment for a time period not to exceed 90 calendar days. If the permit has been revoked in the past and a clear demonstration of non-compliance is demonstrated by the permit holder, then the permit may be revoked for a longer period of time as determined by the Health Officer.
(E) Ceasing operation and contacting the County Health Department.
(1) An operator of a bed and breakfast establishment and/or retail food establishment shall immediately discontinue operations and notify the County Health Department if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.
(2) An operator need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.
(F) Resuming operations. If a bed and breakfast establishment and/or retail food establishment has discontinued operations for the reasons stated above or otherwise according to law, the operator must obtain approval from the County Health Department before resuming operations.
(Ord. 05-16-2016-4, passed 5-16-2016)