§ 18.090. Permits.

(a)

Required. No person may operate a food establishment or a food vending machine without a valid permit issued by the regulatory authority. Only a person who complies with this division is entitled to receive or retain a permit. Permits expire on an annual basis and are not transferable between persons or locations. A valid permit must be posted and available for inspection by the regulatory authority in every food establishment or on every food vending machine in the city.

(b)

Application.

(1)

Any person desiring to operate a food establishment or a food vending machine must make written application for a permit, on forms provided by the regulatory authority and must pay all applicable fees. Failure to provide all required information and fees, or falsifying information provided on the application may result in the denial of the application or revocation of a previously approved permit. The denial or revocation is in addition to other penalties provided for under section 18.089 of the city Code.

(2)

Prior to the approval of an application for a permit, the regulatory authority must inspect the proposed food establishment or food vending machine for compliance with the requirements of this division.

(c)

Fees.

(1)

The applicant for a permit under this division will pay all fees to the city finance department.

(2)

Fees for permits, inspections and other services under this division are established by the city council.

(d)

Issuance. The regulatory authority will issue a permit to the applicant if its inspection reveals that the proposed food establishment or food vending machine meets all requirements of this division.

(e)

Suspension.

(1)

The regulatory authority may without warning, notice or hearing, suspend any permit to operate a food establishment or vending machine if the operation constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by subsection (e)(3) of this section. Whenever a permit is suspended, food service operations must immediately cease.

(2)

If, upon reinspection under section 18.092(c), the regulatory authority discovers that the person operating a food establishment or food vending machine did not take the directed corrective measures that necessitated the reinspection, the regulatory authority may suspend the permit until the operator complies with the directions. The regulatory authority shall follow the notice procedures set forth in (e)(3) of this section.

(3)

Whenever a permit is suspended, the regulatory authority must notify the holder of the permit or the person operating the food establishment or food vending machine 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 regulatory authority by the holder of the permit within ten days. If a request for a hearing is received during the ten day period, the regulatory authority must hold a hearing on the suspension within ten days of receipt of the request. If no written request for hearing is filed within ten days, the suspension is sustained. The regulatory authority may end the suspension at any time if reasons for suspension no longer exist.

(f)

Revocation. The regulatory authority may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of this division or for interference with the regulatory authority in the performance of its duties. Prior to revocation, the regulatory authority must notify the holder of the permit or the person operating the food establishment or food vending machine in writing, of the reason for which the permit is subject to revocation and that the permit will be revoked at the end of the ten days following service of notice unless a written request for a hearing is filed with the regulatory authority by the holder of the permit within the ten day period. If a request for a hearing is not filed within the ten day period, the revocation of the permit is final.

(g)

Service of notices. A notice provided for in this division is properly served when it is delivered to the holder of the permit, the person operating the food establishment or food vending machine 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 regulatory authority.

(h)

Hearings. The hearings provided for in this division will be conducted by the regulatory authority at a time and place designated by the authority. Based upon the recorded evidence of the hearing, the regulatory authority will make a final finding and will either sustain, modify or rescind any notice or order considered at the hearing. A written report of the hearing decision will be furnished to the holder of the permit by the regulatory authority within 30 days of the hearing.

(i)

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.

(j)

A food establishment or food vending machine is exempt from the permit fees under this division if it is operated solely by a nonprofit organization. The organization must apply for the exemption and the regulatory authority may request any information reasonably necessary to determine whether the organization is nonprofit and failure to provide such information is grounds for denying the exemption.

(Ord. No. 2003-46, § 1, 7-23-03)