§ 13A-2. Permits.

(a)

Required: It shall be unlawful for any person to operate a food establishment within the corporate limits of the city or its police jurisdiction who does not possess a valid permit issued by the director of planning and community development. 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. A valid permit shall be posted in every food establishment. Permits for temporary food establishments shall be issued for a period of time not to exceed fourteen (14) days.

(b)

Issuance: Any person desiring to operate a food establishment shall make written application for a permit on forms provided by the director of planning and community development. Such application shall include the applicant's full name and post office address and whether such applicant is an individual, firm or corporation, and, if a partnership, the names of the partners, together with their addresses shall be included; the location and type of the 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 food establishment to determine compliance with the provisions of this chapter. When inspection reveals that the applicable requirements of this chapter have been met, a permit shall be issued to the applicant by the director of planning and community development. Provided, that no permit shall be issued or become effective until the applicant pays the city such permit fees as are at such time in effect and which may be from time to time prescribed by the city by motion, resolution or ordinance. A current list of such fees will be maintained on file in the office of the city secretary at all times.

(c)

Suspension: Permits may be suspended temporarily by the health authority for failure of the holder to comply with the requirements of this chapter.

Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this article, 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 within ten (10) days of such notification with the Marshall-Harrison County Board of Health by the permit holder.

Notwithstanding the other provisions of this chapter, whenever the health authority finds insanitary or other conditions in the operation of a food establishment which, in his judgment, constitute a substantial hazard to the public health, he 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 food-service operations are to be immediately suspended, and all food-service operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith; but upon written petition filed within ten (10) days of such suspension with the Marshall-Harrison County Board of Health, such person shall be afforded a hearing.

(d)

Reinstatement of Suspended Permits: 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 ten (10) days following receipt of a written request, including a statement signed by the applicant that in his 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.

(e)

Revocation: For serious or repeated violations of any of the requirements of this chapter, or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the Marshall-Harrison County Board of Health. 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 five (5) days following service of such notice unless a request for a hearing is filed with the Marshall-Harrison County Board of Health by the permit holder within such five-day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

(f)

Hearings: The hearings provided for in this section shall be conducted by the Marshall-Harrison County Board of Health at a time and place designated by it. Based upon the record of such hearing, the board of health shall make a finding and shall sustain, modify or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the board of health.

(Ord. 76-20, § H(1), 9-9-76; Ord. No. O-96-15, § 3, 6-27-95)