§ 50-91. Permit.

(a)

Required; transferability; display. No person shall operate or maintain a food service establishment without first obtaining and maintaining, on a current basis, a valid permit issued to him by the health authority. Permits are not transferable. A valid permit shall be conspicuously posted in every food service establishment.

(b)

Application; issuance.

(1)

Any person desiring to operate a food service establishment shall make written application for a permit on forms provided by the health facilities authority. Such application shall include the name and address of each applicant, the location and type of the proposed food service establishment and the signature of each applicant.

(2)

Prior to approval of an application for a permit, the health authority shall inspect the proposed food service establishment to determine compliance with this article.

(3)

The health authority shall issue a permit to the applicant if its inspection reveals that the proposed food service establishment complies with this article. Permits shall be issued for a period not in excess of one year and may be renewed for periods not to exceed one year, expiring on the date designated by the health authority. The permit fee shall be established by resolution of the board of county commissioners. Nonprofit organizations operating temporary food and drink facilities which are generated solely by members of the organization shall not be required to pay the prescribed fee.

(c)

Suspension.

(1)

The health authority may, without warning, notice or hearing, suspend any permit to operate a food service establishment if the holder of the permit does not comply with this article or if the operation of the establishment does not comply with this article or if the operation of the food service establishment otherwise constitutes a substantial hazard to public health. Suspension is effective upon service of the notice required by subsection (c)(2) of this section. When a permit is suspended, food service operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for hearing within 72 hours after issuance of the order.

(2)

Whenever a permit is suspended, the holder of the permit or the person in charge shall be notified in writing that the permit is, upon service of the notice, immediately suspended and that an opportunity for hearing will be provided within 72 hours after the issuance of a suspension order. The health authority may end the suspension at any time if reasons for suspension no longer exist.

(d)

Revocation.

(1)

The health authority may, after an appropriate hearing by the board of health permits, revoke a permit for serious or repeated violations of any of the sections of this article or for interference with the health authority in the performance of duty.

(2)

Prior to revocation, the health authority shall, in writing, notify the holder of the permit of the grounds warranting revocation. Such notice shall be sent by certified mail to the holder of the permit at least 14 days prior to the date set for the hearing before the board of health permits.

(e)

Hearings. The hearing provided for in this section shall be conducted by the board of health permits at a time and place designated by it. The board of health permits, after such hearing, shall authorize or prohibit, with or without conditions, the revocation of the permit. A written decision shall be furnished to the holder of the permit by the board of health permits.

(f)

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 authority.

(Code 1970, § 11-129; Ord. No. 80-24, §§ 10.1—10.6, 9-23-80)