Any permit issued pursuant to the provisions of this chapter may be suspended or revoked by the Health Officer for a violation of the provisions of this chapter, or any health law or regulation of the State. Any food facility for which the permit has been suspended shall close and remain closed until the permit has been reinstated. Any food facility for which the permit has been revoked shall close and remain closed until a new permit is issued.
Whenever the Health Officer finds that a food facility is not in compliance with the requirements of this chapter or any of the health laws or regulations of this state, a written notice to comply shall be issued to the owner. If the owner fails to comply, the Health Officer shall issue to the owner a notice setting forth the violations with which the owner is charged, and informing the owner of the right to a hearing, if requested, to show cause why the permit should not be suspended or revoked.
The Health Officer may also, after providing an opportunity for a hearing, modify, suspend or revoke a permit for serious or repeated violations of any of the requirements of this chapter or any of the health laws and regulations of this state or for interference in the performance of the duty of the Health Officer.
A written request for a hearing shall be made by the owner within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the Hearing Officer may order a hearing at any reasonable time within this fifteen day period to expedite the permit suspension or revocation process.
The hearing shall be held within 15 calendar days of the receipt for request for a hearing. Upon written request of the owner, the Hearing Officer may postpone any hearing date, if circumstances warrant such action.
The Hearing Officer shall issue a written notice of the decision to the owner within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the violations with which the owner is charged, and shall state the terms of the suspension or that the permit has been revoked. The decision of the Hearing Officer shall become final upon the expiration of the time for the filing of an appeal stated in Section
6.04.290.
(Ord. 735 § 25(C), 1961; SCC 1333 § 25, 2006)