[Amended 8-14-1996 by Ord. No. 96-08-217; 1-12-1999 by Ord. No.
99-03-240]
A.
It shall be unlawful for any person to operate a food establishment
within the County who does not possess a valid permit issued to him/her
by the County Health Department. Only a person who complies with the
requirements of this chapter shall be entitled to receive and retain
such a permit. Permits shall not be transferable from one person to
another person or place.
B.
A valid permit shall be posted in a conspicuous place in every food
establishment.
C.
Permits for permanent food establishments shall expire as provided
by this chapter. Permits for temporary food establishments shall be
issued for a period of time, not to exceed 14 consecutive days.
[Amended 1-12-1999 by Ord. No. 99-03-240]
Any person desiring to operate a food establishment or to renew
an expired permit shall make written application for a permit on forms
provided by the health authority. Such application shall include the
full name and post office address of each applicant and whether such
applicant or applicants are an individual, firm, corporation, or a
partnership; the names, location, and type of proposed food establishment;
and the signature of the applicant or applicants. If the application
is for a temporary food establishment, it shall also include the inclusive
dates of the proposed operation. Upon receipt of such an application,
the health authority shall make an inspection of the establishment
to determine compliance with the provisions of this chapter. When
inspection reveals that all applicable requirements of this chapter
have been met, a permit shall be issued to the applicant by the health
authority.
[Amended 8-10-2011 by Ord. No. 11-08-1821; 11-10-2020 by Ord. No.
20-11-2121]
The annual fee for food permits shall be as set from time to
time by the County Board. This fee may be paid in two semiannual installments,
each comprising 1/2 of the total amount of the fee to be assessed
at that time. A license may be issued or renewed upon the payment
of the first installment and will lapse in the event that the second
installment is not paid within six months of the first installment.
[Amended 1-12-1999 by Ord. No. 99-03-240; 5-29-2001 by Ord. No.
01-05-256]
All permits for food establishments shall be annual permits
and shall expire on November 30 following their issuance, and shall
state thereon the name of the permit holder and the address and description
of the premises for which the permit is granted, together with the
date of its issuance and expiration. Fees for new permits applied
for after the first quarter of the year shall be prorated based on
the number of quarters of the year remaining.[1]
[1]
Editor's Note: Former §§ 7-18 and 7-19, which
contained provisions relative to retail food stores and which immediately
followed this section, were repealed 1-12-1999 by Ord. No. 9903-240.
[Amended 1-12-1999 by Ord. No. 99-03-240]
All religious, governmental, and state-recognized not-for-profit organizations subject to this code shall be eligible for a fifty-percent reduction in the applicable fee as established in § 257-9; however, such organizations shall be exempt from the payment of permit fees if they meet the definition of a temporary food establishment as defined in § 257-2 of this chapter. This is not to be construed as an exemption to the routine inspection by the County Health Department.
[Amended 1-12-1999 by Ord. No. 99-03-240]
Whenever the inspection for renewal of a permit reveals serious
or repeated violations of this chapter, the permit will not be issued,
and the health authority shall notify the applicant immediately thereof.
Such notice shall state the reasons for not renewing the permit. Such
notice shall also state that an opportunity for a hearing shall be
provided for the applicant at a time and place designated by the health
officer. Such hearing shall be scheduled not later than 10 days from
the date of the notice. The notice referred to in this section shall
be delivered to the applicant in person by the health authority, or
may be sent by certified mail, return receipt requested. A permit
which has expired shall be removed from the establishment by the County
Health Department.
[Amended 8-14-1984 by Ord. No. 84-61; 1-12-1999 by Ord. No. 99-03-240]
A.
Permits may be suspended without notice or hearing by the health authority for failure by the permit holder to comply with the requirements of this chapter or of the following chapters of this Code: Chapter 218, Dangerous Buildings; Chapter 224, Burning; Chapter 309, Nuisances; Chapter 346, Solid Waste; Chapter 376, Inoperable Vehicles; Chapter 380, Off-Road Vehicles; and Chapter 388, Weeds. In the event that a requirement of the above-noted chapters conflicts with a rule or regulation adopted pursuant to this chapter, the rule or regulation of this chapter shall control, but only as far as the extent of the conflict.
B.
Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of § 257-15, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended, and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health authority by the permit holder within 10 days of receipt of the notification of suspension.[1]
C.
Upon suspension of the permit, the permit shall be removed from the establishment by the health authority and returned to the Health Department. Notwithstanding the other provisions of this chapter, whenever the health officer finds unsanitary or other conditions in the operation of a food establishment which, in the health officer's judgment, constitute a substantial hazard to the public health, the health officer may, without warning, notice or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken, and if deemed necessary, such order shall state that the permit is immediately suspended, and all operations as a food establishment are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately. The appropriate police authority will be notified that the suspension is in effect in order that no food sales will be made during the suspension. The recipient of a suspension order, upon written petition to the administrator, shall be afforded a hearing in accordance with § 257-17.
[Amended 1-12-1999 by Ord. No. 99-03-240]
Any person whose permit has been suspended may, at any time,
make application for a reinspection for the purpose of reinstatement
of the permit. Within 10 days following receipt of a written request,
including a statement signed by the applicant that in his/her opinion
the conditions causing suspension of the permit have been corrected,
the health authority shall make a reinspection. If the applicant is
complying with the requirements of this chapter, the permit shall
be reinstated.
For serious or repeated violations of any of the requirements
of this chapter, or for interference with the health authority in
the performance of its duties, the permit may be permanently revoked,
after an opportunity for a hearing has been provided by the Health
Department. Prior to such action, the health authority shall notify
the permit holder in writing, stating the reasons for which the permit
is subject to revocation and advising that the permit shall be permanently
revoked at the end of 10 days following service of such notice, unless
a request for a hearing is filed with the health authority, by the
permit holder, within such ten-day period. A permit may be suspended
for cause pending its revocation or a hearing relative thereto.
[Amended 1-12-1999 by Ord. No. 99-03-240]
Notice of revocation or suspension will be delivered either
in person or by certified mail, return receipt requested.
The hearings provided for in this chapter shall be conducted
by the administrator within 10 days after a request for a hearing
has been filed, at a time and place designated by the administrator.
Any oral testimony given at a hearing shall be reported verbatim,
and the presiding officer shall make provision for sufficient copies
of the transcript. The administrator shall make final findings based
upon the complete hearing record 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
by the health authority.
Whenever a revocation of a permit has become final, the holder
of the revoked permit may make written application for a new permit.
