Fremont Municipal Code Art. VI Enforcement

(a) Food establishment permits may be suspended by the health officer for failure of the permit holder or operator or manager of a food establishment to comply or to cause compliance with any of the requirements of this chapter.

(b) Whenever a permit holder or operator or manager has failed to comply or to cause compliance with any hold order inspection report or notice of violation issued pursuant to Section 8.50.250 or 8.50.260, the permit holder or operator or manager shall be notified in writing that the permit is, upon service of such notice of suspension, immediately suspended. If an administrative hearing has not been held in connection with the prior hold order inspection report or notice of violation, the health officer shall state in the notice of suspension that an opportunity for an administrative hearing before the health officer will be provided to consider any objections to the inspection findings set forth in the hold order inspection report or notice of violation and to consider whether such findings, if affirmed, justify the suspension of the permit, if a written request for a hearing is filed with the health officer by the permit holder or manager or operator within five days of delivery of such hold order inspection report or notice of suspension.

(c) Notwithstanding other provisions of this chapter, whenever the health officer finds insanitary or other conditions in the operation of a food service establishment which, in his/her judgment, constitute a substantial hazard to the public health, he/she may without warning, notice of violation, or hearing issue a written notice of suspension to the permit holder or operator or manager citing such condition, specifying the corrective action to be taken and, if deemed necessary, that the permit is immediately suspended, and all food service operations are to be immediately discontinued. Any person to whom such a notice of suspension is issued shall comply immediately therewith. The health officer shall include a statement in the notice of suspension that an opportunity for an administrative hearing before the health officer will be provided if a written request by the permit holder or manager or operator for such a hearing is filed with the health officer within five days of such notice. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4600.)

When a food establishment permit has been suspended the permit holder may, at any time prior to the expiration of such permit, file with the health officer a written request for an inspection of the food establishment for the purpose of reinstatement of the permit. The request for inspection and reinstatement shall be accompanied by an inspection fee of $25.00 and include a statement signed by the permit holder or operator or manager that in his/her opinion the conditions causing suspension of the permit have been corrected. Within 10 days following receipt of such written request and inspection fee, the health officer shall make an inspection of the food establishment and, if the health officer finds that the food establishment complies with the requirements of this chapter, the permit shall be forthwith reinstated. The health officer shall give written notice of reinstatement or denial thereof to the permit holder within three days of such inspection. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4601.)

For serious or repeated violations of any of the requirements of this chapter, regardless of whether or not any such violation or violations have resulted in suspension of the permit or other penalty being imposed, a food establishment permit may be permanently revoked after a hearing has been held by the health officer. The health officer shall notify the permit holder in writing of the time and place of such hearing stating the reasons for which the permit is subject to revocation. A permit may be suspended pending the conclusion of the hearing held to determine whether the permit shall be revoked. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4602.)

All suspended or revoked permits shall be surrendered upon demand of the health officer. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4603.)