§ 8.04.110. Permit—Refusal, suspension or revocation.

(a)

Permits shall be refused by the county health department upon a finding that any provisions of any health law of the State of California, or any of the provisions hereof have not been complied with.

(b)

A permit may be immediately suspended, and the food establishment, or any portion thereof, may be ordered closed or inoperable by the health officer for violation of any provision of this title when, in his opinion, the danger to public health is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for an office hearing before the health officer within forty-eight hours of the time of suspension. Upon conclusion of the office hearing, the hearing officer may decide to:

(1)

Dismiss the charges and reinstate the permit; or

(2)

Reinstate the permit conditioned upon correction of the health violation; or

(3)

Revoke the permit.

(c)

If, in the opinion of the health officer, the danger to public health is not so imminent, immediate and threatening as to admit of delay, the health officer shall send a notice of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If, as a result of subsequent inspection, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the health officer shall send a notice to the permittee advising the permittee of the remaining deficiencies and the convening of an office hearing to determine whether or not the permit should be revoked. Upon conclusion of the office hearing, the hearing officer may decide to:

(1)

Dismiss the charges; or

(2)

Establish a correction schedule, or

(3)

Revoke the permit.

(d)

All office hearings referred to herein shall be conducted in accordance with procedures adopted by the health department. The applicant or permittee may call and examine witnesses, introduce exhibits, question health officials and opposing witnesses on any matter relevant to the issues, and may rebut evidence against him. The hearing shall not be conducted according to technical rules relating to procedure, evidence or witnesses. All relevant evidence shall be admitted. The health officer shall insure that an informal record of the proceedings is maintained.

(e)

Whenever the issuance of a permit is refused, or a permit is revoked and the required office hearing has been held, the applicant or permittee may appeal from the action of the health officer to the board of supervisors by filing a notice of appeal with the clerk of the board within ten days of the action by the health officer. The clerk shall set the matter for hearing before the board at the earliest possible date and shall give reasonable notice of the time and place thereof to the applicant or permittee and to the health officer. The board of supervisors shall hear the evidence offered by the applicant or permittee and the health officer and shall forthwith decide the issue. Unless the board of supervisors rescinds the health officer's action by a majority vote, his decision shall be deemed affirmed.

The decision of the board of supervisors shall be final.

(Ord. 1498 § 1, 1975: Ord. 943 § 1 (part), 1967: prior code § 7-002.5)