SEC. 75-33-23. Unsanitary establishment or equipment; reports; notice; suspension or revocation of license on failure to remedy; appeals.
If, upon examination, it is found that any establishment, or any part of an establishment, or any equipment, is in an unclean or unsanitary condition or is being conducted or used in such a manner as to make it probable that the meat or meat-food products therein or produced therein may be rendered unwholesome, or is being conducted or used in violation of this article, the agent making such examination shall report the unlawful condition to the commissioner, and shall at the same time notify in writing, the owner, lessee, or manager of the establishment.
Upon receipt of such report, the commissioner shall notify the proper owner, lessee, or manager of the result of the examination, and direct that the unlawful condition be remedied within the time specified in the notice: Provided, that the time so specified shall not be less than five (5) days, unless the unlawful condition mentioned in said notice is of such character and nature as, in the opinion of the commissioner, can be removed immediately, or its continued existence shall be a hazard and a danger to the health of the community.
If, upon the expiration of the time specified in the notice, the condition so reported to exist shall not have remedied, the commissioner may order the license suspended or revoked and the establishment closed. It is unlawful to operate an establishment, or any part thereof, which has been closed and the license suspended or revoked by the commissioner, until the unlawful condition reported to exist has been remedied to the satisfaction of the commissioner.
Any person aggrieved with the order of the commissioner, or any of his lawful and duly authorized agents, shall have immediate recourse by any appeal to the chancery court of the jurisdiction in which the establishment may be located. The chancery court shall have and it is hereby given full jurisdiction to hear and determine the appeal and enter any and all appropriate orders in term time or in vacation.
SOURCES: Codes, 1942, Sec. 4575-12; Laws, 1960, ch. 141, Sec. 12, eff from and after passage (approved April 21, 1960).