§ 6-603.1. Suspension or nonrenewal for multiple or unpaid citations.
(a) In general.
The Commissioner may suspend or refuse to renew the license of a food service facility if:
(1) at any time within the preceding 6 months, the facility has been served with 3 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either or both of:
(i) City Code Article 1, Subtitle 40 {"Environmental Control Board"}; or
(ii) City Code Article 1, Subtitle 41 {"Civil Citations"}; or
(2) at any time within the preceding 12 months, the facility has been declared to be in default of 1 or more citations issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health, under either of:
(i) City Code Article 1, § 40-8 {"Environmental Citations: Default by person cited"}; or
(ii) City Code Article 1, § 41-10 {"Civil Citations: Default"}.
(b) Covered offenses.
(1) For purposes of this section, citations issued for violations of the following provisions of the City Code are presumed to be issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health:
Article 13. Housing and Urban Renewal
o Subtitle 5 {"Licensing of Rental Dwellings"}.
Article 15. Licensing and Regulation
o Subtitle 17. Street Vendors
o Subtitle 18. Itinerant Wholesale Produce Dealers
Article 19. Police Ordinances
o § 1-2. Placement {of advertising circulars} without permission
o § 7-2. Vehicle alarms: Prohibited devices
o § 8-18. Burglar alarms: Penalties
o § 13-1 or § 13-2. Disorderly drinking
o § 14-2 or § 14-3. Drinking in public places
Subtitle 25. Loitering – General
o § 26-6. Loitering – Drug-Free Zone
o § 27-3. Loitering – For assignation, etc.
o § 27-15. Loitering – Prostitution-Free Zone
Subtitle 32. Minors – Sales in Proximity to Liquor Store
o § 34-5. Curfews: Prohibited conduct of parents, guardians, etc.
o § 34-6. Curfews: Prohibited conduct of establishments
o § 40-9. Dirt Bikes, etc. – Motor fuel sales
o § 41-2. Outdoor telephones: Prohibited placement
o § 45-2. Signs on public property: Posting prohibited
o § 47-5. Nighttime soliciting
o § 50-2. Obstructing street, etc., or gutter
o § 50-3. Merchandise projecting from building
o § 50-26. Fires in street, lane, or alley
o § 50-41. Playing, etc., in street, etc.
o § 50-56. Soliciting customers
o § 59-18. Reporting {theft or loss of firearm} required
Article 23. Sanitation
o § 2-1. Mixed refuse: Receptacles
o § 2-2. Mixed refuse: Handling
o § 4-1 or § 4-2. Receptacles on collection days
Article 24. Water
o § 21-1. Rules and regulations {to protect supply and facilities}
o § 21-2. Suspension, etc., of certain uses
o § 21-3. Injuring fire hydrants
o § 21-4. Wrongful use after cut-off
o § 21-5. Refusal of entry
o § 21-6. Interference with equipment; illegal use of water
Article 26. Surveys, Streets, and Highways
o Subtitle 6. Building Address Numbers
Article 31. Transit and Traffic
o § 16-12. Vehicles on sidewalks
o § 18-8. Riding {bicycles} on sidewalk
Article 32. Zoning
o § 5-704. {Use permit –}When required
o § 16-803. Storage, etc., of abandoned, etc., vehicles
Building, Fire, and Related Codes Article – Building Code
o § 114.14. Work without permit
o § 115.3. Stop-work order: Unlawful continuance
o § 116. Unsafe structures
o § 120. Condemnation proceedings
o § 123.8. Failure to comply with notice or citation
o § 3302.2 Construction Safeguards: Waste and debris
Building, Fire, and Related Codes Article – Fire Code
o § 109.9. Maintenance: Overcrowding
o § 111.1. Unsafe buildings: General
o § 1001.2. Means of Egress: Minimum requirements
Building, Fire, and Related Codes Article – Property Maintenance Code
o Chapter 3. General Requirements
Health Code
o Title 5. Nuisance Control
o Title 6: Food Service Facilities
o Title 7: Waste Control
o Title 8: Air Pollution
o Title 9: Noise Regulation
o Title 10: Animal Control and Protection
o Title 11: Swimming Pools
o Title 12: Tobacco Products and Smoking Devices
o Title 15: Ephedrine Products
(2) Nothing in this subsection precludes the Health Commissioner from determining, in his or her discretion, that a citation for an offense was issued for reasons related to public health or to the prevention of disease, epidemics, or nuisances affecting public health.
(c) Notice and opportunity for hearing.
Before suspending or refusing to renew a license under this section, the Commissioner must provide the facility with notice and an opportunity for hearing, as provided in Title 2, Subtitle 3 {"Administrative Hearings"} of this article.