A. No person may operate a food service establishment unless he possesses a valid and unsuspended permit issued by the agency in accordance with the Food Service Sanitation Act and the regulations adopted under it. The permit shall be posted in a conspicuous place within the food service establishment. No person may display a permit unless it has been issued to him by the agency and has not been revoked and is not under suspension.

B. Any person desiring to operate a food service establishment shall apply to the agency for the issuance of a permit. Applications shall be made in a form and in accordance with procedures established by regulations of the board. The agency shall issue a permit to any applicant that complies with the regulations of the board covering the issuance of permits and who demonstrates to the satisfaction of the agency his ability to comply with all the provisions of the Food Service Sanitation Act and all regulations of the board applicable to his proposed food service establishment operation.

C. The board shall promulgate regulations for the revocation or suspension of permits for those food service establishments which fail to come into compliance with a provision of the Food Service Sanitation Act or regulation promulgated under it. No permit shall be suspended or revoked under the provisions of this subsection unless there have been repeated violations of the same standard and without first providing the operator of a food service establishment an opportunity for an agency hearing. The hearing officer shall not be any person previously involved in the suspension or revocation action. No inspection made more than twenty-four months prior to the most recent such inspection shall be used as a basis for suspension or revocation.

History: 1953 Comp., § 54-3A-7, enacted by Laws 1977, ch. 309, § 7; 1985, ch. 38, § 1.

Operator ordinarily entitled to opportunity to cure violation. — In the absence of an emergency, an operator of a food service establishment is entitled to an opportunity to cure a violation prior to revocation of his permit to operate. Chalamidas v. Environmental Improvement Div., 1984-NMCA-109, 102 N.M. 63, 691 P.2d 64.

Concessions operated by blind deemed excluded. — Those concessions in public buildings operated by the blind were not required to obtain permits from the department of public health (now department of health) if no food or drink was prepared at the concession. 1958 Op. Att'y Gen. No. 58-182 (opinion rendered under former law).