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Ord 1999-091
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Ord 1999-091
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Last modified
6/2/2008 1:59:57 PM
Creation date
9/6/2006 3:28:45 PM
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City Clerk
City Clerk - Document
Ordinances
City Clerk - Type
Code of Ordinances
Number
1999-91
Date
11/8/1999
Volume Book
138
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<br />(g) Service of notices. A notice provided for in this division is properly served when it is <br />delivered to the holder of the permit, license 01 eel tific.ate 01 the person in chatge operating the food <br />establishment or when it is sent by registered or certified mail, return receipt requested, to the last <br />known address of the holder of the permit, lic.ense 01 c.ertifieate. A copy of the notice shall be filed <br />in the records of the regulatory authority. <br /> <br />(h) Hearings. The hearings provided for in this division shaH will be conducted by the <br />regulatory authority at a time and place designated by it the authority. Based upon the recorded <br />evidence of the hearing, the regulatory authority shaH will make a final finding and shaH will either <br />sustain, modify or rescind any notice or order considered in at the hearing. A written report of the <br />hearing decision shaH will be furnished to the holder of the permit, license 01 eel tificate by the <br />regulatory authority within 30 days of the hearing. <br /> <br />(i) Application after revocation. Whenever a revocation of a permit, license 01 cel tificate has <br />become final, the holder of the revoked permit, licehse or certificate may make written application <br />for a new permit, lic.ense or certific.ate. <br /> <br />(i) Exemptions. A food establishment is exempt from the permitting requirements of this <br />division if it is operated solely by a nonprofit organization. The organization must apply for the <br />exemption and the regulatory authority may request any information reasonably necessary to <br />determine whether the organization is nonprofit and failure to provide such information is grounds <br />for denying the exemption. An exemption to this division's permitting requirements does not exempt <br />the food service establishment from complying with all applicable state rules and regulations. <br /> <br />SECTION 2. If any word, phrase, clause, sentence, or paragraph of this ordinance <br />is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions <br />of this ordinance will continue in force if they can be given effect without the invalid portion. <br /> <br />SECTION 3. All ordinances and resolutions or parts of ordinances or resolutions <br />in conflict with this ordinance are repealed. <br /> <br />SECTION 4. Any person violating any provision of this ordinance commits a <br />misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code <br />upon conviction. <br /> <br />SECTION 5. This Ordinance takes effect ten (10) days after the date ofits final <br />passage, and the City Secretary will publish notice of its adoption in a newspaper of general <br />circulation in the City. <br /> <br />PASSEDANDAPPROVEDonfirstreading October 11, 1999. <br />PASSED AND APPROVED on second reading October 25, 1999. <br /> <br />PASSED, APPROVED AND ADOPTED November 08, 1999. <br /> <br />~~O~.~ <br /> <br />'8ii1~oore <br />Mayor <br /> <br />Attest: j <br />fl.,,,l 1. /7/ ..l/ <br />",' l;y; ./1 ' ~,/ <br />// //1'.; J}; 1/1.. 1/..)\ <br />, t./t/ i' IF?/!' /, <br /> <br />anis K. W oma'ck <br />City Secretary <br /> <br /> <br />~&~ <br /> <br />Mark B. Tayl;r - - -0 <br />City Attorney <br /> <br />PUBLISHED IN THE SAN MARCOS DAILY RECORD THURSDAY, NOVEMBER 11, 1999. <br /> <br />-3- <br />
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