§ 114.035  ENFORCEMENT.
   (A)   Annual review.  Upon receipt of an application with the appropriate annual permit fee to renew the annual permit, the Health Authority shall evaluate the record of the establishment to determine compliance with the provisions of this chapter. If the evaluation reveals that the applicable requirements of this chapter have been met, a new permit shall be issued by the Health Authority. Whenever the record reveals serious and/or repeated violations of this chapter, the permit shall not be renewed until a re-inspection reveals that the applicable requirements of this chapter have been met. If the re-inspection reveals continued serious violations of this chapter, the permit shall not be renewed and the Health Authority shall, within a reasonable time, so notify the applicant in writing. Such notice shall state, if requested in writing by the applicant within ten days of receipt of notice, a hearing will be held within 30 days of notice at a reasonable time and place to be designated by the Health Authority.  Notice referred to in this division shall be given in the manner prescribed in division (D) of this section.
   (B)   Suspension of permit.  The Health Authority may, without warning, notice, or hearing, suspend any permit to operate a food establishment, if the holder of the permit does not comply with the requirements of this chapter, or if the operation does not comply with the requirements of this chapter, or if the operation otherwise constitutes a substantial hazard to public health.  Suspension is effective upon service of the notice required by division (D) of this section titled Service of Notices. When a permit is suspended, food operations shall immediately cease upon receipt of notice.  If requested in writing by the permit holder within ten days of notice of suspension, a hearing shall be held within 30 days of the permit holder’s written request.  Suspension shall continue until the Health Authority determines the reason for the suspension no longer exists.
   (C)   Revocation of permit.  The Health Authority may, after providing opportunity for hearing, revoke a permit to operate when a food establishment has had their permit suspended three times in a calendar year (January 1st through December 31st), according to the provision in § 114.055(D)(6), or for serious or repeated violations of any of the requirements of this chapter or for interference with the Health Authority in the performance of duty.  Prior to revocation, the Health Authority shall notify, in writing, the holder of the permit, or the person in charge, of the specific reason(s) for which the permit is to be revoked and that the permit shall be revoked at the end of the ten days following service of such notice, unless a written request for hearing is made by the permit holder prior to the expiration of the ten days.  If requested, a hearing shall be held within 30 days of notice of revocation.  Unless rescinded in writing by the Health Authority at the time of hearing, the revocation of the permit becomes final.
   (D)   Service of notices.  A notice provided for in this chapter is properly served when it is delivered to the holder of the permit, 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.  A copy of the notice shall be filed in the records of the Health Authority.
   (E)   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.  A written corrective action plan which addresses all violations may be required along with the written application for a new permit.
(Ord. 17-276, passed 10-19-2017; Ord. 18-326, passed 11-15-2018)  Penalty, see § 114.999