Chapter 8.12
FOOD ESTABLISHMENTS
Sections:
8.12.010 Purpose of provisions – Statutory authority.
8.12.030 State law adopted by reference.
8.12.050 Permit for operation – Requirements.
8.12.060 Permit for operation – Inspection by Health Officer.
8.12.080 Hand-washing facilities.
8.12.090 Miscellaneous procedures and requirements.
8.12.100 Food in vehicles or streets – Dangerous substances.
8.12.110 Expectoration and use of tobacco.
8.12.120 Entry of dogs and cats.
8.12.130 Control of escaping odors.
8.12.140 Operation in basements and cellars.
8.12.150 Location restrictions.
8.12.160 Food vehicles and food deliveries.
8.12.170 Itinerant food establishments.
8.12.010 Purpose of provisions – Statutory authority.
Pursuant to California Health and Safety Code Section 27551, the Council:
A. Determines that its expenses in the enforcement of statutes, orders, quarantines, embargoes, rules and regulations, prescribed by State offices or departments relating to retail food facilities, are not met by any fees prescribed by the State; and
B. Adopts the provisions of this chapter to pay the reasonable expenses of such enforcement.
8.12.020 Definitions.
For the purpose of this chapter, the definitions set forth in this section shall apply in its interpretation and enforcement:
A. “Food facility” shall include the definition of Health and Safety Code Section 27521, and any B and B in the City.
B. “Seating capacity” shall mean the total number of persons who may be seated in a food establishment at one time. Seating capacity shall be computed by counting each chair or stool as one seat, and every 30 inches of benches, settees, booths, and similar undivided seats as the equivalent of one seat.
C. “Service accommodation” shall mean a seating place where one patron or customer to be served can be seated, or in lieu of seating place, two lineal feet of counter or table space which may be used or occupied by one patron or customer to be served while standing, or the sum of seats and counter space if there are both. For the purpose of computing the number of service accommodations at a counter or table where no fixed seats or stools are provided, each such counter shall be considered as a separate unit and any fractional part of two lineal feet at a side or end shall be excluded.
8.12.030 State law adopted by reference.
A. The California Uniform Retail Food Facilities Law, commencing at Health and Safety Code Section 27500, is hereby incorporated and made a part of this chapter by reference, the same as if such sections were set out verbatim herein.
B. The California Food Sanitation Act, commencing at Health and Safety Code Section 28280, is hereby incorporated and made a part of this chapter by reference, the same as if such sections were set out verbatim herein.
8.12.040 Administration.
It is found and determined by the Council that the public interest, health, safety, and welfare of the residents of the City require that the Napa County Department of Environmental Health be designated as the enforcement agency of the provisions of this chapter within the City. Such enforcement agency is authorized and charged to enforce the provisions of this chapter within the City limits.
All references in this chapter to “Health Officer” shall mean the Health Officer for the County.
8.12.050 Permit for operation – Requirements.
A. It is unlawful for any person to operate any food establishment who does not possess an unrevoked permit issued by the Health Officer and in whose place of operation of business such permit is not at all times posted and displayed in a conspicuous place designated by the Health Officer. All permits shall expire one year from date of issue thereof. Upon violation of this chapter, a permit may be suspended or revoked by the Health Officer after the holder has been given an opportunity for a hearing before the Health Officer.
B. An appeal may be taken to the Council from the order of the Health Officer revoking or suspending any such permit. Any appeal shall be taken within 15 days from the issuance of the order by serving a copy of a written notice there of on the Health Officer and filing the original with the City Clerk. The food establishment shall remain closed pending the decision of the Council.
C. Before a City business license shall be issued to any person for the operation of a food establishment, it shall be necessary for such person to obtain a permit from the Health Officer. (Ord. 255, 1965; prior code § 9.1-12).
8.12.060 Permit for operation – Inspection by Health Officer.
A. All employees in food establishments shall have, at their own expense, a health examination annually or more often if required by the Health Officer. The examination shall include such laboratory, x-ray and other procedures as the Health Officer deems necessary. The person examined shall willingly provide such samples or specimens of body fluids, excreta, sputum, throat cultures, and the like as shall be required to properly perform the examination.
B. If at any time any infections or contagious disease, carrier state, rash or skin trouble appears, or if it appears to the Health Officer that an employee is in any way dangerous to the public health or fellow workers, or is otherwise unsuitable or undesirable as an employee in a food establishment, the Health Officer shall have authority to exclude such person from the establishment where employed and from other food establishments in the City if deemed necessary. It is unlawful for any person so excluded to return to work in any food establishment or for the owner or operator of such food establishment to allow such person so affected to work therein until the written consent of the Health Officer is obtained.
C. The provisions of this section shall not apply to nonprofit organizations at which food is provided for the public, such as church, school, fraternal, service clubs and civic organizations, sponsoring bazaars, luncheons, suppers, food sales and other affairs of similar character of a temporary nature, as differing from a permanent enterprise. However, the Health Officer, as such Officer deems necessary, may require a medical examination and x-ray of any food handler excepted above from the provisions of this section.
8.12.070 Toilet facilities.
Adequate, conveniently located, and plainly and appropriately marked toilet facilities shall be provided, conforming with all laws, rules and regulations and provisions of this chapter relating to toilets and plumbing.
A. Every tavern or other drinking place, other than soda fountains, shall have a minimum of one toilet and one urinal, and one lavatory for male patrons and one toilet and one lavatory for female patrons. Employees may use the same toilet facilities as are provided for patrons. The floors in toilet rooms shall be impervious to water.
B. The doors of all toilet rooms shall be self-closing. Booths open at the top shall not qualify as adequate toilet rooms. No toilet room containing a toilet or urinal shall open directly into any room of a food establishment. Such toilet room shall be entered through a separately ventilated and lighted vestibule, at least three feet square in size, except when not required by the Health Officer. Every such toilet, urinal and lavatory shall be easily accessible from such room. The provisions of this subsection shall not apply to food warehouses and food-purveying establishments existing on or before January 9, 1948.
C. Toilet rooms shall be kept always in a clear and dry condition, in good repair, the walls free from defacement, well-lighted, and well-ventilated to the outside air. Floors shall be impervious to water. Toilet fixtures shall always be kept clean, in good function and repair and all new installations of toilet seats shall be a liftable type with the front edge split by several inches. Adequate supplies of paper, soap, individual towels or well-functioning mechanical dryers and hot and cold running water shall be maintained at all times for the use of persons using the toilet facilities.
D. Privies of any kind are prohibited at all food establishments.
8.12.080 Hand-washing facilities.
A. Adequate and convenient hand-washing facilities shall be provided, including water, soap and sanitary towels approved by the Health Officer.
B. The use of a common towel or common drinking cup anywhere is prohibited.
C. Dishwashing vats shall not be used as hand-washing facilities.
8.12.090 Miscellaneous procedures and requirements.
The premises of all food establishments shall be kept clean and free of litter, rubbish, and nuisances of all kinds.
8.12.100 Food in vehicles or streets – Dangerous substances.
A. No food, other than popcorn or cotton candy, shall be prepared in any vehicle.
B. No sandwiches shall be prepared and no food, other than popcorn or cotton candy, mixed or served from a mobile cart, basket or other container by pouring, or by taking out of one container and placing in another, or by taking from bulk and placing in a container for the convenience of the patron.
8.12.110 Expectoration and use of tobacco.
A. It is unlawful for any person to expectorate upon the floors or sidewalks of any food establishment.
B. It is unlawful for any person to smoke, snuff or chew tobacco in any bakery or place where food is manufactured or in the kitchen of any food dispensing establishment. Notices of the type approved by the Health Officer forbidding the use of tobacco or expectorating as prohibited in this section shall be posted, as directed by said officer. Smoking may be permitted in the restroom or toilet room, and by the public only in the dining or drinking room or at the eating or drinking counter.
8.12.120 Entry of dogs and cats.
It is unlawful for the owner or the person having the care or custody of a dog or cat to suffer or permit such dog or cat to enter any food establishment, except that trained dogs accompanying the blind are permitted.
8.12.130 Control of escaping odors.
A. It is unlawful for any person maintaining or operating any food establishment to permit any disagreeable or obnoxious odor to escape therefrom, so as to be in any way obnoxious to any person. Smoke, steam, gas, fumes, odors, dusts and other vapors or matter shall not be allowed to become obnoxious or harmful to persons working in such establishments.
B. Whenever such conditions exist, the Health Officer shall order the installation of suitable fans and ducts of sufficient size to carry such vapors out of the establishment and out to and above the roofline of any contiguous or adjacent building.
C. If the order of the Health Officer is not complied with within a period of 30 days, the Health Officer shall have power to forthwith close said establishment until such order is complied with.
8.12.140 Operation in basements and cellars.
A. It is unlawful to maintain or operate any food establishment, except a food warehouse, in a basement, cellar, or any room, the floor of which is between four and 12 feet below the average adjoining street or alley grades, unless said basement, cellar or room has everywhere sufficient light and ventilation furnished from windows communicating directly with the outside air, or such artificial system or systems of light and ventilation as may be approved by the Health Officer. Skylights, sidewalk lights and grills are prohibited as the source of light and ventilation. Sufficient ventilation shall be construed to mean the ability of the system to supply a complete change of air in the kitchen every three minutes and every six minutes in other portions of the establishment. The fresh air shall be taken from the roofline or at least one story above the neighboring street and the intake location shall be approved by the Health Officer. The floors shall be of tile, terrazzo or smooth, hard waterproofed concrete or mastic finish. The sidewalls shall be faced with enamel tile or smooth, hard waterproofed concrete or mastic finished material for six feet high. Above that height the walls and ceilings shall be hard plastered and painted with not less than three coats of waterproof paint. The clear height between the finished floor and the ceiling shall be at least nine feet. The floor of each room or compartment shall be provided with a drain connected with the sewer and trapped as required by this code.
B. It is unlawful to maintain or operate any food establishment in a basement, cellar or any room the floor of which is more than 12 feet below the existing surface grade of the street on which the basement, cellar or room faces, except where the cellar or basement is located above a subbasement or cellar, not less than eight feet in depth, of full concrete construction and thoroughly ventilated and drained, or where, if said basement, cellar, or room be a portion of a store, the floor of which store is not below the surface of the street upon which it faces, and it not partitioned off by a partition higher than seven feet from the floor of the basement.
8.12.150 Location restrictions.
A. It is unlawful to establish or maintain any food establishment over or under or within 75 feet of any place or building where horses or cows or other domestic animals or fowls are housed or maintained, or where the processes of rendering, gluemaking, fertilizer making, fish product making, or the making or storing of any foul smelling product are carried on.
B. It is unlawful to establish or maintain such domestic animal place or foul smelling place as mentioned in subsection (A) of this section within 75 feet of an existing food establishment.
8.12.160 Food vehicles and food deliveries.
All food vehicles shall be clean and sanitary and the food therein shall be protected against contamination.
A. Vehicles used by food establishments for the exhibition, carrying or transportation of foods shall be of the closed body or panel type, or other type approved by the Health Officer. The portion of the vehicle designed to contain food shall be at least 18 inches above the surface of the public way while the vehicle is being used for the exhibition or conveyance of food.
B. No bread, pastry, or other bakery product intended for human consumption shall be transported, kept, sold, offered for sale, or displayed in any vehicle used for delivering bakery products, unless such bread, pastry or other bakery product is separately wrapped in paper or contained in a cardboard box or other dustproof wrapper or container. The rear door or doors of such vehicle, when conveying bakery products, shall not be kept open except when loading or unloading such bakery products. All bakery vehicles must be of the closed body or panel type construction, or other type approved by the Health Officer.
C. Every person having a permit under this chapter relating to a food establishment or the selling, transportation, or serving of food, and operating any vehicle therewith shall affix a metal plate or paint upon the sides of the vehicle an emblem or words, giving the name, address and permit number of such establishment or person.
D. No bread, pastry, bakery product, food, drink, ice, or other produce or material intended for human consumption shall be deposited in any open doorway, or upon any public floor, sidewalk, street or any place in the open air, or on the floor of any building, unless the same is contained in covered boxes or other suitable containers, the openings of which are at least 18 inches above the level of the floor, public way, or other surface, so as to protect from dust, dirt, dogs and other animals and their excretions. Bakery trays and baskets shall not be placed or set down upon the street or sidewalks. Trays, baskets, and other containers for break and other foods, except ice, when carried through the streets, shall be closed or covered to exclude any and all contamination.
8.12.170 Itinerant food establishments.
An itinerant food establishment shall be equipped and operated in a clean and sanitary manner. Garbage and refuse shall be kept in tightly covered, watertight containers until removed and shall be disposed of as directed by the Health Officer.
8.12.180 Designated.
A. It shall be the duty of the Health Officer to enforce the provisions of this chapter. In the performance of that duty, the Health Officer shall have the authority to enter any premises and open any building, room, locker, box, container or other place or receptacle, whether locked or not, as may be necessary for the enforcement of this chapter, and to obtain samples or specimens of any food or other material whatsoever, kept, stored, sold, offered for sale, prepared, distributed, or served in any place whatsoever.
B. On the effective date of revocation of a permit, the Health Officer shall have the authority to order closed any food establishment, if such Officer so deems necessary, and to revoke and take away the revoked permit from the premises.
C. It shall be the duty of every owner, operator, or permit holder of any food establishment to permit inspections and to furnish such samples or specimens as may be requested without charge or cost to the Health Officer.
D. Nothing in this chapter shall be construed as limiting in any way the emergency power of the Health Officer, as either a Board of Health or Health Officer, given by State laws and the rules and regulations of the Department of Public Health of the State.
E. The Health Officer is authorized to require an inspection of any food establishment located outside the City, including the food, drink, or ice itself and the facilities of transportation, storage and methods of handling, which sells or distributes, or desires to sell or distribute, any food, drink or ice within the City limits of the City. The Health Officer may prohibit the entry, sale or distribution of such food, drink, or ice in the City if the food establishment refuses to be inspected, or if the food establishment and methods of preparation, storage, transportation or handling of such food, drink, or ice does not comply with the provisions of this chapter. If the food, drink or ice is unwholesome or unfit for human consumption, then the Health Officer is authorized to seize, condemn and destroy the food, drink, or ice from such establishment brought in and found in the City.