Chapter 8.08


8.08.010    Application—Inspection.

8.08.020    Certificate of approval.

8.08.030    Suspension—Revocation—Hearing.

8.08.040    Appeal—Hearing.

8.08.050    Required.

*    See also Title 5, Business Licensing and Regulations.

8.08.010 Application—Inspection.

Any person now operating a food handling establishment without a permit or any person intending to operate any food handling establishment, shall make an application to the health officer upon a form provided by the health officer, giving the names of the owner or owners, manager or managers, thereof, and such other information as the health officer may require for the administration of this title and the laws of the state.

Following receipt of such application by the health officer, he shall make or cause to be made an inspection of the premises, and if the provisions of this chapter, Health Laws of the state, and the rules and regulations of the State Department of Public Health have been complied with, he shall so certify that fact to the applicant and within ten days issue a permit to operate. If the food handling establishment does not conform to the provisions of this title or the laws of the state, or the rules and regulations of the State Department of Public Health, the health officer shall not issue a permit. (Prior code § 9415)

8.08.020 Certificate of approval.

The certificate of approval issued by the health officer is considered the permit to operate under the provisions of this title. No permit to operate such place of business shall be issued to any person until all of the provisions of this title, the Health Laws of the state, and the rules and regulations of the State Department of Public Health as well as all other ordinances of the city in relation to proper location, construction, and equipment of food handling establishments shall have been complied with. Any permit issued under these provisions shall not be transferable to any other person or any other location. No permit shall be valid for a longer period than 10 days following date of its issue unless the operator, owner or manager procures a license from the license collector to operate such place of business. The license collector shall issue no license to operate a food handling establishment, as defined herein, until a permit or certificate of approval has been issued by the health officer. The application for a permit to operate a food handling establishment when countersigned by the health officer, recommending a permit be issued to the applicant, shall be the certificate of approval. (Prior code § 9416)

8.08.030 Suspension—Revocation—Hearing.

Any permit issued pursuant to the provisions of this title may be suspended or revoked by the health officer for a violation of the provisions of this title, or any health law of the state; provided, however, that a permit shall not be suspended or revoked until a hearing upon written notice of said hearing shall have been held by the health officer. Written notice to the permittee shall be served upon the permittee either by personal delivery to the person to be notified, or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the records of the health department of the county. The notice shall state:

1.    The grounds for complaint or reasons for the proposed revocation or suspension in clear and concise language;

2.    The time when and the place where said hearing is to be held.

Such notice shall be served or given to the permittee at least ten and not more than fifteen days prior to the date set for the hearing.

After conducting the hearing and a finding of cause for revocation or suspension of the permit the health officer may suspend or revoke the permit upon such terms and conditions as, in the exercise of a reasonable and sound discretion, he determines, or may dismiss the proceedings. (Prior code § 9417)

8.08.040 Appeal—Hearing.

Any person whose permit is revoked or suspended pursuant to the provisions of this title may appeal to the city council by filing a request for a hearing of such appeal with the city clerk within ten days after the decision of the health officer that such permit be suspended or revoked. The city council shall, at the next regular meeting after the filing of the request for hearing on such appeal with the clerk, set the matter for hearing not less than five and not more than ten days. The city council may at such hearing sustain, reverse, or modify the decision of the health officer representing the suspension or revocation of such permit. (Prior code § 9418)

8.08.050 Required.

No person shall control, lease, act as agent for, conduct, operate or manage any food handling establishment in the city conduct or operate, or cause or permit to be conducted or operated, such food handling establishment without a permit to operate the same, or during the time of suspension of such permit or after the revocation of such permit, notwithstanding the fact that such person holds a valid license from the city to conduct such business. (Prior code § 9419)