16.15.010 Permit

It shall be unlawful for any Indian person to operate a food-service establishment within the Turtle Mountain Jurisdiction who does not possess a valid permit issued to him by the health authority. Only a person who complies with the requirements of this title shall be entitled to receive and retain such a permit. Permits shall not be transferable from one Indian person to another person or place. A valid permit shall be posted in every food-service establishment. Permits for temporary food-service establishments shall be issued for a period of time not to exceed fourteen (14) days.

(a) Issuance of permits. Any person desiring to operate a food-service establishment shall make written application for a permit on forms provided by the health authority. Such application shall include: the applicant's full name and post office address and whether such applicant is an individual, firm, or corporation, and, if a partnership the names of the partners, together with their addresses, shall be included; the location and type of the proposed food-service establishment; and the signature of the applicant or applicants. If the application is for a temporary food-service establishment, it shall also include the inclusive dates of the proposed operation.

Upon receipt of such an application, the health authority shall make an inspection of the foodservice establishment to determine compliance with the provisions of this title. When inspection reveals that the applicable requirements of this title have been met, a permit shall be issued to the applicant by the health authority.

(b) Suspension of permits. Permits may be suspended temporarily by the health authority for failure of the holder to comply with the requirements of his Title.

Whenever a permit holder or operator has failed to comply with any notice issued under the provisions of this chapter of this title, the permit holder or operator shall be notified in writing that the permit is, upon service of the notice, immediately suspended (or the establishment downgraded), and that an opportunity for a hearing will be provided if a written request for a hearing is filed with the health authority by the permit holder.

Notwithstanding the other provisions of this title, whenever the health authority finds unsanitary or other conditions in the operation of a food-service establishment which, in his judgment, constitute a substantial hazard to the public health, he may without warning, notice or hearing, issue a written notice to the permit holder or operator citing such condition, specifying the corrective action to be taken, and specifying the time period within which such action shall be taken; and if deemed necessary, such order shall state that the permit is immediately suspended, and al1 foodservice operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith, but upon written petition to the health authority, shall be afforded a hearing as soon as possible.

(c) Reinstatement of suspended permits. Any person whose permit has been suspended may, at any time, make application for a re-inspection for the purpose of reinstatement of the permit. Within ten (10) days following receipt of a written request, including a statement signed by the applicant that in his opinion the conditions causing suspension of the permit have been corrected, the health authority shall make a re-inspection. If the applicant is complying with the requirements of this title, the permit shall be reinstated.

(d) Revocation of permits. For serious or repeated violations of any of the requirements of this title, or for interference with the health authority in the performance of his duties, the permit may be permanently revoked after an opportunity for a hearing has been provided by the health authority. Prior to such action the health authority shall notify the permit holder in writing, stating the reasons for which the permit is subject to revocation and advising that the permit shall be permanently revoked at the end of five (5) days following service of such notice, unless a request for a hearing is filed with the health authority, by the permit holder, within such five (5) day period. A permit may be suspended for cause pending its revocation or a hearing relative thereto.

(e) Hearings. The hearings provided for in this section shall be conducted by the health authority at a time and place designated by him. Based upon the record of such hearing, the health authority shall make a finding and shall sustain, modify, or rescind any official notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the permit holder by the health authority.