§ 54-126. Food establishment permit required.

(a)

No person shall operate a food establishment within the county, including both incorporated and unincorporated areas, without a valid permit from the department. Such permit shall be issued only after inspection of the premises by the department has revealed compliance with all applicable health-related local, state and federal laws, rules and regulations. Such inspections shall be made by the department within three working days after a request therefor by the owner/operator or his representative. Follow-up inspection, if necessary, shall be made by the department within 24 hours, excluding weekends and legal holidays, after notice is given to the department of the corrections of any deficiency. No permit shall be issued except upon payment of such fee as authorized from time to time by resolution of the board. Permits previously issued by the department shall be valid under this article until the date of expiration of such permit.

(b)

All permits hereafter issued by the department shall have an expiration date of December 31 of the applicable year and shall be renewed not later than January 31 of the following year. Failure to obtain a permit on or before the date of commencement of the operation or to renew an existing permit by January 31 of the applicable year shall cause the cost of a permit for such food establishment to double successively for each month, or any portion thereof, that such food service establishment is in operation without a permit or that renewal extends beyond the January 31 deadline. The department shall, during the first week of the second month of each year, notify by registered mail all food service establishments which are not in possession of a current permit. The department shall, at least 15 days thereafter, notify the board of any establishment which is not in possession of a current permit as of such date. Failure of the department to provide written notice to any food service establishment which is not in possession of a current permit or to provide written notice thereof to the board of county commissioners shall not be jurisdictional and shall not constitute a defense to any action for operation of a food service establishment without a valid permit.

(c)

Any person operating a food service establishment without a valid permit shall be punished as provided in section 1-7.

(Code 1979, § 10½-12)