§ 9-52-7. Permit—Revocation or suspension.  


Latest version.
  • A.

    The health officer shall have the power, and it shall be his or her duty, to suspend or revoke any permit issued under TDH Rules and Regulations Chapter 1200-23-.03 and/or TDA Rules and Regulations Chapter 0080-4-9, where it is made to appear that the provisions of TDH and TDA Rules and Regulations and this chapter have been violated by the person or persons engaging in the manufacture, sale or distribution of food; provided, however, that the person holding such permit shall be given reasonable notice and an opportunity to be heard as to why such permit should not be revoked or suspended. Such notice may be given by the environmentalist/inspector on his or her regular inspection form or may be in the form of a letter from the health department.

    The health officer shall develop uniform policies and procedures for the suspension and/or revocation of permits. In the event of a foodborne illness outbreak or the existence of an imminent health hazard in a food service establishment, the health officer may suspend the food permit pending an administrative hearing if the owner/manager agrees to voluntarily close. If the owner/manager refuses to close voluntarily, the health officer shall convene an administrative hearing immediately and rule on the need for permit suspension or permit revocation.

    B.

    On each occasion, where a permit is suspended or revoked, the holder of the permit may appeal the health officer's decision to the TDH or TDA whose decision on the matter shall be binding.

(Ord. No. 5542, § 1, 12-17-2013)