Cypress Municipal Code § 13-3 Suspension for refusal of entry

It shall be a violation of this article for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the premises described in section 13-1.1 (permit required; conditions and terms) above, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the premises.

(Ord. No. 882, § 1, 4-13-92)

(a) If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, an inspector may temporarily suspend the permit and order the premises immediately closed. "Immediate danger to the public health and safety" means any condition, based upon inspection findings or other evidence, that can cause food infection, food intoxication, disease transmission, or hazardous condition, including but not limited to unsafe food temperature, sewage contamination, nonpotable water supply, or an employee who is a carrier of a communicable disease.

(b) Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the inspector shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code section, and informing the permittee of the right to a hearing.

(c) At any time within 15 calendar days after service of a notice pursuant to subsection (b), the permittee may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to such hearing.

(Ord. No. 882, § 1, 4-13-92)

When any permit is first suspended hereunder, or when any premises governed hereby shall have been closed for business and left in an unsanitary condition, the health department shall have the power to enter to ensure that the premises are closed down in a manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy the condition of the premises, the owner of the premises shall be notified of the unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition.

(Ord. No. 882, § 1, 4-13-92)

The health officer may adopt and enforce rules and regulations necessary to administer this article including, but not limited to, regulations pertaining to:

(a) Forms for applications, permits and notices.

(b) Forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits.

(c) Inspection of premises and reporting thereon.

(Ord. No. 882, § 1, 4-13-92)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor.

(Ord. No. 882, § 1, 4-13-92)

This article shall not apply to any matter to which it concerns to the extent that the regulation of such matter is preempted by state law.

(Ord. No. 882, § 1, 4-13-92)

§ 13-4. through § 13-5. (Reserved)