Ord 2019-013/updating and revising Chapter 18, Article 3, Food Establishments and Vending Machines, of the City Code by repealing the current provisions and replacing them with provisions consistent with State law governing food establishments

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(4) If an operating food establishment changes ownership and there are violations or existing conditions that must be corrected to meet applicable health and safety standards. (B) Before denying or revoking a permit, the health authority shall provide the permit holder or person in charge with written notice of the pending permit revocation or denial. The written notice shall include: (1) The reason the permit is subject to denial or revocation; and (2) For revocations the date on which the permit is scheduled to be revolted; and (3) A statement that the permit will be revoked on the scheduled date unless the permit holder files a written request for a hearing with the health authority not later than the 10th business day after the date the notice is served. (C) A conditional permit issued under Subsection (A) above for a food establishment shall be effective for up to 60 days, and shall be rescinded if the permit holder or person in charge of the food establishment does not comply with the terms of its issuance. (1) This subsection (C) does not apply to mobile food units, seasonal food establishments, or temporary food establishments. (D) A permit denial or revocation becomes final on expiration of the time period prescribed by the notice. Sec. 18.120. Variance to allow dogs in outdoor eating areas. (A) A food establishment may apply for a Dining With Dogs Variance waiving the prohibition against dogs at a food establishment as permitted by local and state law. (1) The variance will be granted if the health authority determines a health hazard or nuisance will not result from the granting of the variance. (2) The food establishment must submit an application for a variance on a form provided by the health authority and pay a nonrefundable application fee. a. Upon request of the food establishment, before accepting an application for a variance and the accompanying application fee, the health authority may schedule one preliminary meeting with a representative of the food establishment to review the proposed variance request, and provide comments to or answer questions regarding the request. (3) A variance granted under this section is nontransferable and shall be reviewed every 2 years. (B) The health authority may grant a variance in accordance with the variance process as defined in state law to allow dogs on the premises of a food establishment's outdoor patio or outdoor dining area, only in accordance with the following standards and conditions intended to prevent a health hazard or nuisance: (1) Except as allowed under state law, no dog may enter or be present inside the food establishment or on any playground area of the food establishment; (2) A separate entrance must be provided from the outside of the food establishment to