The provisions of this article relating to the definitions of
words, terms and phrases are hereby incorporated by reference and
made a part hereof, and shall not apply and govern the interpretation
of these regulations, except as otherwise specifically declared or
as is clearly apparent from the context of the regulations herein.
The following words, terms and phrases shall have the ascribed meaning
indicated below.
Base of operation.
All references to a “base of operation” shall
refer to the central preparation facility as defined in this section.
Central preparation facility.
A facility that is an approved and permitted retail food
establishment at which food is prepared, stored, and wrapped; where
the mobile food unit (if required) is supplied with fresh water and
ice, emptied of wastewater into a proper waste disposal system, and
cleaned, including washing, rinsing, and sanitizing of those food-contact
surfaces or items not capable of being immersed in the mobile food
unit utensil-washing sink. Use of a private residence as a central
preparation facility is prohibited.
Food establishment.
An operation that stores, prepares, packages, serves, or
otherwise provides food for human consumption.
Food grade materials.
Materials and utensils used in food service and preparation
that are approved by the U.S. Food and Drug Administration as safe
for food handling and storage. Generally, material that will not transfer
or allow the transfer of noxious or toxic substances to food.
Food handler.
A food establishment employee who works at any time with
unpackaged food, food equipment or utensils, or food contact surfaces.
Mobile food unit.
A vehicle mounted, self or otherwise propelled, self-contained
food service operation designed to be readily moveable (including,
but not limited to catering trucks, trailers, pushcarts, and roadside
vendors) and used to store, prepare, display, serve or sell food.
Mobile units must completely retain their mobility at all times. A
mobile food unit does not include a stand or a booth. A roadside food
vendor is classified as a mobile food unit.
Packaged.
Bottled, canned, cartoned, securely bagged, or securely wrapped,
and packaged in a fixed, licensed food establishment or a food processing
plant. Packaged does not include food or drink in a wrapper, carry-out
box, or other nondurable container used to containerize food with
the purpose of facilitating food protection during service and receipt
of the food by the consumer.
Potentially hazardous food (PHF).
A food that requires time and temperature control for safety
to limit pathogen growth or toxin production which consist in whole
or in part of milk, or dairy products, eggs, poultry, uncooked beef,
pork, fish, shellfish, edible crustacean, or other ingredients including
synthetic ingredients, in a form capable of supporting rapid and progressive
growth of infectious or toxigenic microorganisms.
Pushcart.
A non-self-propelled mobile food establishment limited to
serving only prepackaged, non-potentially hazardous food or prepackaged
ice cream.
Roadside food vendor.
A person who sells or serves whole, uncut, and unprocessed
fruits or vegetables from a temporary location adjacent to a public
road or highway. Food shall not be prepared or processed by a roadside
food vendor. A roadside food vendor is classified as a mobile food
establishment.
Single-service articles.
Tableware, carry-out utensils, and other items such as bags,
containers, placemats, stirrers, straws, toothpicks and wrappers that
are designed and constructed for one time, one person use after which
they are intended for discard.
Site plan.
A drawing, not necessarily to scale, depicting the existing
conditions at the proposed location of the mobile food establishment
and the proposed location of the mobile food establishment on the
property.
State rules.
The regulations found at 25 Texas Administrative Code, chapter
229, sections 161 through 171 and sections 173 through 175. These
rules are also known as the Texas Food Establishment Rules.
Temporary food establishment.
A food establishment that operates for a period of not more
than fourteen (14) consecutive days in conjunction with a single event
or celebration.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-100; Ordinance 2014-19, sec. 1, adopted 4/8/14; Ordinance 2016-15, secs. 1–3, adopted 5/24/16)
(a) Any
person who violates a provision of these rules, and any person who
is the permit holder of, or otherwise operates, a food establishment
that does not comply with the requirements of these rules, and any
responsible officer of that permit holder or those persons, shall
be fined not more than two thousand dollars ($2,000.00).
(b) The
regulatory authority may seek to enjoin violations of these rules.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-110)
The city adopts by reference the provisions of the current rules
or rules as amended by the state board of health found in 25 Texas
Administrative Code, chapter 229, sections 161 through 171 and 173
through 175, regarding the regulation of food establishments in this
jurisdiction.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-101)
The following supplemental rules are adopted:
(1) Doors
to walk-in units must be constructed of solid tightfitting material
and equipped with hinges and a latch. Air curtains may not substitute
for solid doors.
(2) Deli
meats, once opened, must be date-marked indicating the month, day
and year the package was opened.
(3) No soft
ice cream or ice cream mixes, including yogurt, may be served from
mobile snow cone units. All ice cream must originate from a commercial
manufactured source.
(4) All
outdoor tent or frame food establishments built on site for events
lasting more than three (3) days and serving potentially hazardous
food (PHF) must have a two-compartment sink for washing table and
kitchen utensils and a separate handwashing sink. Sinks must have
hot and cold running water with a drainage system approved by the
regulatory authority.
(5) All
outdoor tent or frame food establishments serving potentially hazardous
food (PHF) must have a controlled heat source and refrigeration adequate
to maintain hot food at least 135 degrees Fahrenheit and to maintain
cold food at least 41 degrees Fahrenheit. The use of sterno equipment
at outdoor events is prohibited.
(6) Use
of utensils and surface materials that are not food grade materials
is prohibited. The regulatory authority may evaluate the safety of
materials that are not marked as food grade material or designated
as such by the U.S. Food and Drug Administration. The opinion of the
regulatory authority shall be the final determination as to whether
the use of the material is prohibited.
(7) Operation
of more than two (2) food establishments from the same commercial
kitchen is prohibited. Each food establishment must obtain a separate
permit. The kitchen must have sufficient lighting and be of suitable
size, construction, and design to facilitate maintenance and sanitary
operations of each food establishment business.
(8) A snow
cone stand must have a two-compartment sink with a drain board on
both sides of the sink. A snow cone stand must have a separate handwashing
sink with hot and cold running water.
(9) Resale
of deli or restaurant food intended for single sale is prohibited.
(10) Food
establishments’ water systems shall meet the requirements of
Texas Food Establishment Rules section 229.166(i)(6). A food establishment
that cooks, prepares and sells open food products must have a three-compartment
sink with hot and cold running water available for all three compartments.
Food establishments that use only single service articles only must
have a two-compartment sink. Compartments must be large enough to
immerse the establishment’s largest piece of equipment for washing,
rinsing and sanitizing. Water temperature for handwashing and equipment
washing must be 120 degrees Fahrenheit. The establishment must have
a potable system under pressure. The establishment must have a separate
handwashing sink with hot and cold running water by mixer faucet and
properly plumbed to a wastewater tank. The unit must have a minimum
ten (10) gallon water heater or an instantaneous water heater.
(11) Food
establishments must provide hand sanitizing gel or foam, in a separate
unit from hand soap, and disposable hand drying towels in the food
production area.
(12) Salad
bar sneeze guards must be installed over self-serve buffet style food
service units in a restaurant or food service operation. Installation
must meet the requirements of the regulatory authority as illustrated
in the county health department’s “Installation Guide
of Food Protective Devices.”
(13) Door-to-door
vendors of potentially hazardous food (PHF) must obtain a county health
department permit.
(14) Door-to-door
sale of tamales is prohibited.
(15) At
the final health inspection for an initial permit, adequate food for
a business opening must be stocked in cold storage units. The food
establishment must have facilities and equipment ready for test cooking
by the regulatory authority and its agents.
(16) All
food establishment owners must obtain food handler cards for owners
or managers and assistant managers working in food establishments.
Owners or managers and assistant managers must obtain food handler
cards from entities certified to provide food handler classes by the
Texas Department of State Health Services (TDSHS) in Austin, Texas.
The food handler cards must be displayed with the health department
permit. At least one food handler cardholder must be on the premises
of a food establishment at all times. Food service owners, managers,
or assistant managers will have one year from this update requirement
to obtain food handler cards. A registry of accredited programs is
posted on the Texas Department of State Health Services website.
(17) Children
in diapers or training pants are prohibited from entering a food preparation
area at any time during setup or operation. Changing or removing diapers
or training pants in any area in any food establishment where food
is served is prohibited.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-102; Ordinance 2014-19, sec. 2, adopted 4/8/14)
(a) A notice
as required in these rules 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 regulatory authority.
(b) The
hearings provided for in these rules shall be conducted by the regulatory
authority at a time and place designated by it. Based upon the recorded
evidence of such hearing, the regulatory authority shall make final
findings 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 regulatory authority.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-109)
(a) Initial/renewal
permit applications.
(1) All
mobile food units serving food and/or drinks in the city, whether
operating in the capacity of a caterer or providing food directly
to the public, must be inspected and permitted by the county health
department prior to serving food to the public.
(2) Mobile
food units shall comply with the requirements of the applicable provisions
of 25 T.A.C. chapter 228 “retail food” and 25 T.A.C. chapter
229 “food and drug.”
(3) All
mobile food units serving food and/or drinks in the city shall be
inspected and permitted by appropriate city personnel prior to serving
food to the public.
(4) No
more than fifty (50) mobile food unit permits shall be in effect at
any time within the city limits. The mobile food unit permits are
nontransferable and shall be issued beginning January 1st of a given
year on a first-come, first-served basis, remaining valid until January
31st of the following year. This restriction to the number of mobile
food unit permits issued does not apply to food vendors seeking or
holding a temporary or seasonal food vendor permit or food vendors
operating as part of a fixed (brick and mortar) food establishment
in the capacity of a caterer.
(5) Initial
and renewal applications for a mobile food unit permit shall include:
(A) The name of the mobile food unit vehicle, make, model, license plate,
and vehicle identification numbers of the vehicle.
(B) The name, address, and telephone number of the owner of the mobile
food unit.
(C) The name, address, and telephone number(s) of operators and drivers
of the mobile food unit.
(D) A copy of the current permit from the county health department for
the mobile food unit.
(E) Liability and insurance:
(i) Before any mobile food unit permit is granted, the applicant shall
sign a statement holding harmless the city and shall indemnify the
city, its officers and employees, for any claims for damages to property
or injury to persons that may occur in connection with any activity
carried on pursuant to any activities associated with food truck vending.
(ii)
All applicants shall furnish and maintain a policy of insurance
protecting the applicant and the city from all claims for damage to
property or bodily injury, including death, which may arise from activities
associated with operation of the mobile food unit. The insurance policy
shall list or endorse the city as additional insured and carry minimum
liability limits of at least $1,000,000.00 per occurrence. The endorsement
shall provide that the policy shall not be terminated or cancelled
prior to the termination of the mobile food unit permit without 30
days written notice to the city.
(iii)
Any permit for a mobile food unit shall be deemed void in the
absence of a current insurance policy meeting the above criteria.
(F) If a central preparation facility is required under this section,
a notarized statement from the owner of a central preparation facility
stating that the mobile food unit uses the facility as its base of
operation.
(H) Roadside food vendors must comply with subsections
(a),
(b),
(c), and
(g) of this section.
(b) Appeal.
If the issuing officer denies a mobile food unit permit to any person or revokes a mobile food unit permit, the office shall immediately convey the decision to the applicant or permit holder, and provide the applicant a written report of the reason for the denial within seventy-two (72) hours. The applicant or permit holder shall have ten (10) days from the date of written notice of revocation or denial to file a notice of his appeal from the order denying or revoking his permit to the city manager. An appeal from the decision of the city manager can be had following the procedures set out in section
1-2-5 of the city code.
(c) Operating
procedures.
(1) To
be considered “self-contained,” a mobile food unit must
meet the following requirements:
(A) Liquid waste retention tank is provided and capacity is at least
15% larger than the potable water storage tank;
(B) Potable water from an approved source;
(C) Hot and cold running water under pressure is provided to sinks (hot
water 120 degrees);
(D) Hand wash sink is provided, and is conveniently located and accessible;
(E) Soap, paper towels, hand sanitizer are provided;
(F) Two or three compartment ware wash sink is provided;
(G) Equipment for hot and cold holding adequate to maintain potentially
hazardous food at required temperatures (41 degrees or cooler for
cold hold and 135 degrees or hotter for hot hold). Equipment and power
supply to maintain freezers at 0 or below. Adequate power supply to
maintain temperatures;
(H) Food products are obtained from approved sources;
(I) A servicing area shall be provided for cleaning, supplying, loading
of water and discharge of sewage;
(J) A certified food handler card;
(K) Light shields covering lights;
(L) Single service articles are provided and used;
(M) Potable water inlet is equipped with a hose connection of a size
or type that prevents its use for any other purpose;
(N) Commercial vent hood at 45 degree angle exhausted to outside;
(O) Liquid waste servicing connection is of a different size than the
water connection;
(P) Effective control measures are used for insects, rodents and environmental
contaminants. Unit must be completely enclosed. Installed screening
has a small enough mesh to keep insects out;
(Q) Mobile food unit is constructed of corrosion-resistant, durable materials;
(R) Mobile food unit has easily cleanable, nonabsorbent floors, walls
and ceilings;
(S) Counters and tables are designed for durability and are easily cleanable;
(T) Equipment is installed so that it is easily cleanable and is in clean,
sound condition;
(U) Facilities are provided for solid waste storage that are easily cleanable
and covered;
(V) Must have restroom or “porta potty” within 100 feet;
and
(W) Must have certified letter for legal place to dump wastewater and
supply fresh water.
(2) Central preparation facility: All mobile food units that are not self-contained, except as provided in subsection
(4) below, shall operate from a central preparation facility or other fixed food establishment, and shall report at least once daily to such location for all supplies and for all cleaning and servicing operations. The central preparation facility shall keep a daily log of the mobile food units’ supply, cleaning and servicing operations, and have the log available to the regulatory health authority for inspection.
(3) The
central preparation facility, if required under this section, or other
fixed food establishment used as a base of operation for a mobile
food unit shall be constructed and operated in compliance with the
requirements of this chapter or by the approval of the county health
department.
(4) Mobile
food units that serve only whole, uncut fruits or vegetables or food
that is prepared and packaged in individual servings at a fixed, licensed
food establishment and transported to and stored at the mobile food
units under conditions meeting requirements of these sections, or
beverages that are not potentially hazardous and are dispensed from
covered urns or protected equipment, are not required to have a central
preparation facility and need not comply with the requirements of
these rules pertaining to the necessity of water and sewage systems
nor to those requirements pertaining to the cleaning and sanitization
exits at the mobile food units’ base of operations.
(5) The
hours of operation of a mobile food unit shall be from 6:00 a.m. to
12:00 midnight on Sunday, Monday, Tuesday and Wednesday and from 6:00
a.m. to 3:30 a.m. on Thursday, Friday, and Saturday.
(6) The
following documentation must be obtained prior to operation, kept
on hand within the mobile food unit, and made available for inspection
upon request by city officials and/or law enforcement at all times
during the operation of the mobile food unit:
(A) Written and notarized permission from the owner of the property on
which the mobile food unit will be operating that specifically permits
such operation.
(B) A notarized statement from a business located within 150 feet of
the location of the mobile food unit providing that employees of the
mobile food unit may use its restroom facilities during the mobile
food unit’s hours of operation.
(7) No
mobile food unit shall operate in a public park, except as follows:
(A) A nonprofit organization hosting a special event at a city park can
utilize mobile food units as part of their event, provided that the
mobile food units are listed in the city parks and recreation department
special events application.
(B) Mobile food units may operate in city parks during city-sponsored
special events if allowed under the rules established by the event
coordinators for that special event.
(8) The
mobile food unit sales area shall not exceed six hundred square feet.
At no time may the required number of parking spaces for the principal
use of the property be rendered nonconforming due to the mobile food
unit’s location or use of the site.
(9) Outside
seating at a mobile food unit may accommodate no more than eight (8)
persons and may consist of tables, chairs, stools, or benches, in
any combination. Outside seating may not interfere with ingress to,
or egress from, existing businesses on or near the site.
(10) During periods of non-use, a mobile food unit and equipment must
remain locked and secured. Food items, utensils, and equipment must
be stored according to the requirements of this chapter.
(11) Mobile food units shall be prohibited from remaining stationary at
any given location for longer than a 24-hour period unless:
(A) Operating as part of a city-sponsored event and given permission
to stay longer than a 24-hour period; or
(12) Snow cone stands and snow cone pushcarts shall be regulated by article
6-6, section
6-6-4, supplemental rules
(d) Potable
water for food preparation; water for hand washing.
Mobile
food units’ water systems shall meet the requirements of Texas
Food Establishment Rules section 228.149(f). A mobile food unit that
cooks, prepares, and sells open food products and dispenses them via
single service articles must have a two compartment sink with hot
and cold running water available for both compartments. Compartments
must be large enough to immerse the mobile food unit’s largest
piece of equipment for washing, rinsing and sanitizing. The mobile
food unit must have a potable water system under pressure. The mobile
food unit must have a separate handwashing sink with hot and cold
running water by mixer faucet and properly plumbed to a wastewater
tank. The unit must have a minimum ten (10) gallon water heater or
any instantaneous water heater.
(e) Waste
retention.
If liquid waste results from the operation
of a mobile food unit, the waste shall be stored in a permanently
installed retention tank that is at least fifteen (15%) percent larger
capacity than the water supply tank. Liquid waste shall not be discharged
from the tank when the mobile food unit is in motion. The waste connection
shall be located lower than the water inlet connection to preclude
contamination of the potable water system. Liquid waste shall be disposed
of in accordance with existing laws. Mobile food unit operators shall
be prohibited from discharging fat, oil, grease, or wastewater into
sanitary sewer system.
(f) Hot
and cold food units.
A mobile food unit serving potentially
hazardous food (PHF) must have equipment to keep hot food at least
135 degrees Fahrenheit and cold food at most 41 degrees Fahrenheit
at all times. If a cooling or heating unit is propane or natural gas
operated, the fire marshal must approve the unit.
(g) Servicing
area.
Food in transit between a central preparation facility
(if required) and a mobile food unit must be covered and protected
with a non-permeable cover. Within the servicing area, there shall
be a location provided for the flushing and draining of liquid wastes
separate from the location provided for water servicing and for the
loading and unloading of food and related supplies. The surface of
the servicing area shall be constructed of smooth nonabsorbent material,
such as concrete or machine-laid asphalt, and shall be maintained
in good repair, kept clean and be graded to drain.
(h) Violations.
A person commits an offense if the person operates a mobile
food unit in violation of any of the provisions, requirements, or
restrictions of this section; each occurrence of a violation, or,
in the case of multiple violations, each day a violation occurs or
continues, constitutes a separate offense and may be punished separately.
(i) Exemptions.
A mobile food unit is exempt from having to obtain a permit
under the following conditions:
(1) The
mobile food vendor is operating as a part of a city-sponsored event
at a location approved by the city manager, with the approval of the
director(s) of the department(s) coordinating the event, if:
(A) The mobile food vendor has signed a statement holding harmless the
city and indemnifying the city, its officers and employees, for any
claims for damages to property or injury to persons that may occur
in connection with the food truck vending; and
(B) The mobile food vendor is in full compliance with subsections
(a)(1)–
(a)(2) and
(c)–
(g) of this section.
(Ordinance 2014-19, sec. 3, adopted 4/8/14; Ordinance 2015-05, sec. 1, adopted 2/10/15; Ordinance 2016-15, sec. 4, adopted 5/24/16; Ordinance 2020-09, sec. 1, adopted 3/10/20)
Mobile food establishment owners must obtain food handler cards
for owners or managers and assistant managers working in mobile food
establishments. Owners or managers and assistant managers must obtain
food handler cards from entities certified to provide food handler
classes by the Texas Department of State Health Services (TDSHS) in
Austin, Texas. The food handler cards must be displayed with the health
department permit. At least one food handler cardholder must be on
the premises of a mobile food establishment at all times. Food service
owners, managers or assistant managers will have one year from this
updated requirement to obtain food handler cards. A registry of accredited
programs is posted on the Texas Department of State Health Services
website.
(Ordinance 2014-19, sec. 4, adopted 4/8/14)
(a) A person
may not operate a food establishment in the city without a permit
issued by the regulatory authority. Permits are nontransferable from
one (1) person to another or from one (1) location to another location
except as otherwise permitted by this article. A valid permit must
be posted in or on every food establishment regulated by this article.
(b) A bed
and breakfast establishment with seven (7) or fewer rooms for rent
that serves only breakfast to its overnight guests is not a food establishment
for the purposes of this article. Any other bed and breakfast is a
food establishment and shall follow the applicable state rules and
must obtain a permit under this article.
(c) All
free food events serving perishable or baked items to the public will
require a health permit issued by the county health department.
(d) All
seasonal permits are limited to six (6) uses during the year.
(e) All
temporary permits are limited to fourteen (14) consecutive days.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-103)
(a) Any
person desiring to operate a food establishment must make a written
application on a form provided by the regulatory authority. The application
must contain the name and address of the applicant, the location,
and type of proposed food establishment and the applicable fee. An
incomplete application will not be accepted. Failure to provide all
required information or falsifying information required may result
in denial or revocation of the permit. Renewals of permits are required
on an annual basis, and the same information is required for a renewal
permit as for an initial permit.
(b) Prior
to the approval of an initial permit or the renewal of an existing
permit, the regulatory authority shall inspect the proposed food establishment
to determine compliance with local ordinances and state law. A food
establishment that does not comply with state laws and rules will
be denied a permit or the renewal of a permit.
(c) The
following fee schedule applies to permits issued under this article:
(1) Standard permit fees based on the number of employees:
(A) 1 to 10 employees: $140.00.
(B) 11 to 35 employees: $300.00.
(2) Special permit fees:
(A) Mobile food units (annually): $150.00.
(D) Snow cone stands and snow cone pushcarts: $100.00.
(F) Day-care center: $150.00.
(H) Replacement health permit: $50.00.
(I) Central preparation facility: $100.00.
(3) Exemptions to permit fee:
(A) Nonprofit charitable organization.
(B) Church or religious organization.
(4) Plan review fee: $150.00.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-104; Ordinance 2014-19, sec. 5, adopted 4/8/14; Ordinance 2015-05, sec. 2, adopted 2/10/15; Ordinance 2016-15, sec. 5, adopted 5/24/16)
County health department permits for the operation of all food
establishments with the exception of temporary permits shall be renewed
January 1 of each year, with a penalty of twice the permit fee if
not renewed by January 31.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-105)
(a) When
a food establishment is constructed, or twenty (20%) or greater of
the area of an existing food establishment is remodeled; or when an
existing structure is converted from another use to a food establishment,
prepared site plans, specifications and blueprints shall be submitted
to the county health department for review before the start of construction.
Specifications must indicate proposed layout, equipment arrangement,
mechanical plans and construction materials used for work areas, and
the types and models of fixed equipment and facilities. The county
health department will notify the operator of the food establishment
within five (5) days of submission of the department’s decision
to approve or not to approve the plans.
(b) The
operator of any proposed food establishment must also comply with
all city building codes and permitting requirements.
(c) Failure
to follow the approved plans and specifications will result in a permit
denial, suspension, or revocation.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-106; Ordinance 2014-19, sec. 6, adopted 4/8/14)
(a) The regulatory authority may, without warning, notice or hearing, suspend any permit to operate a food establishment if the operation of the food establishment constitutes an imminent hazard to public health. Suspension is effective upon service of the notice required by subsection
(b) of this section. When a permit is suspended, food operations shall immediately cease. Whenever a permit is suspended, the holder of the permit shall be afforded an opportunity for a hearing within ten (10) days of receipt of a request for a hearing.
(b) 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 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 (10)
days. If no written request for a hearing is filed within ten (10)
days, the suspension is sustained. The regulatory authority may end
the suspension at any time if reasons for suspension no longer exist.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-107)
The regulatory authority may, after providing opportunity for
a hearing, revoke a permit for serious or repeated violations of any
of the requirements of these rules or for interference with the regulatory
authority in the performance of its duties. Prior to the revocation,
the regulatory authority shall notify the holder of the permit or
the person in charge, in writing, of the reason for which the permit
is subject to revocation and that the permit shall be revoked at the
end of the ten (10) days following service of such notice unless a
written request for a hearing is filed with the regulatory authority
by the holder of the permit within such ten-day period. If no request
for hearing is filed within the ten-day period, the revocation of
the permit becomes final.
(Ordinance 2000-31, sec. 2, adopted 9/26/00; 1957 Code, sec. 8-108)