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.
Authorized agent or employee.
The employees of the regulatory authority.
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.
County health authority.
The physician appointed as provided in section 6-1-2.
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.
Municipality.
The City of Odessa.
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.
Regulatory authority.
The county health department as provided in section 6-1-1.
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.
(G) 
Annual fee of $150.00.
(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
(B) 
Operating in an outdoor market as defined in section 14-19-1(a)(186).
(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.
(C) 
35+ employees: $600.00.
(2) 
Special permit fees:
(A) 
Mobile food units (annually): $150.00.
(B) 
Seasonal: $100.00.
(C) 
Temporary: $60.00.
(D) 
Snow cone stands and snow cone pushcarts: $100.00.
(E) 
Foster home: $100.00.
(F) 
Day-care center: $150.00.
(G) 
Nursing home: $300.00.
(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)