Chapter 8.04
HEALTH PERMITS*
Sections:
8.04.020 Permit – Application.
8.04.040 Permit – Revocation and Suspension.
8.04.060 Health Officer Designated.
8.04.100 State Health Licenses.
* For statutory provisions requiring local health permits for operation of food establishments, see Health and Safety Code § 28864.
8.04.010 Permit – Required.
No person shall engage in any of the following activities within the City without first obtaining a health permit:
A. The processing, manufacture, packaging, preparing or selling, whether at wholesale or retail, including the vending by machine, of any food or beverage for human consumption;
B. The operation of any public laundry, barbershop, laundromat, beauty shop, bathhouse or sauna;
C. The business or occupation of fumigation or termite, pest or rodent exterminating. (Ord. 79-21 § 16, 1979; Ord. 301 C.S. § 1, 1973; Code 1975 § 960.0).
8.04.020 Permit – Application.
Applications for any health permit shall be made in writing to the Health Officer, giving such information as s/he may require to carry out the purposes of this code. (Ord. 301 C.S. § 1, 1973; Code 1975 § 960.1).
8.04.030 Permit – Issuance.
Upon proof, to the satisfaction of the Health Officer, that the place of business of the applicant meets the requirements of all of the relevant sanitation and health laws and regulations of the State of California, the County of Monterey, and this City, the Health Officer shall issue such permit for the specific place where such business is to be conducted. (Ord. 301 C.S. § 1, 1973; Code 1975 § 960.2).
8.04.040 Permit – Revocation and Suspension.
Upon the violation of any of the applicable laws or regulations by the permittee, the Health Officer may revoke or suspend such permit. No person whose permit has been suspended or revoked shall continue to engage in or carry on the business for which the permit was granted, unless and until such permit has been reinstated or reissued by the Health Officer. (Ord. 301 C.S. § 1, 1973; Code 1975 § 960.3).
8.04.050 Permit – Display.
All permits issued pursuant to this chapter shall be kept posted by the permittee in a conspicuous place in the permittee’s place of business. If any such permit is suspended or revoked, it shall be surrendered to the Health Officer. (Ord. 301 C.S. § 1, 1973; Code 1975 § 960.4).
8.04.060 Health Officer Designated.
For the purposes of this code and the enforcement thereof, the term “Health Officer” shall mean the duly appointed representative of the County Department of Public Health. (Ord. 301 C.S. § 1, 1973; Code 1975 § 960.5).
8.04.070 Transfer of Permit.
No permit issued under the provisions of this chapter shall be transferred from person to person or from location to location. Health permits are valid only for the location and person to whom issued. (Ord. 301 C.S. § 1, 1973; Code 1975 § 960.6).
8.04.080 Appeals.
Any person whose application for a health permit has been denied or whose permit has been suspended or revoked may appeal the determination to the City Council. (Ord. 301 C.S. § 1, 1973; Code 1975 § 961.0).
8.04.090 Appeal Procedure.
Any appeal of a decision of the Health Officer shall be submitted in writing to the City Clerk within five working days from the date the appellant receives notice of the decision of the Health Officer. If no appeal is filed within the period, the determination of the Health Officer shall be final.
Upon receipt of an appeal, the City Clerk shall set the matter on the agenda of the next regular or adjourned regular meeting of the City Council; provided, the meeting shall be at least 10 calendar days after receipt of the appeal. At least five calendar days prior to the meeting, the City Clerk shall mail notice of hearing to the appellant and to the Health Officer.
When appeal is made from the action of the Health Officer suspending or revoking a permit, the action of the Health Officer shall stand until and unless reversed by the City Council at or subsequent to the hearing. (Ord. 301 C.S. § 1, 1973; Code 1975 § 961.1).
8.04.100 State Health Licenses.
Whenever the State of California requires a permit which, in the opinion of the Health Officer, substantially meets the requirements for permits to be issued under this chapter, the permit shall be deemed to comply with this chapter. The determination by the Health Officer that the permit does not meet the requirements of this chapter shall be appealable in the manner set forth in CMC 8.04.090. (Ord. 301 C.S. § 1, 1973; Code 1975 § 962.0).
8.04.110 Fees.
Any fees required by the County of Monterey for the issuance, renewal, inspection or other activities of the Health Officer in connection with the issuance and maintenance of health permits shall be applicable to the permits granted under this chapter. Any such fees collected shall be the property of the County of Monterey to defray the cost of administration of this chapter. (Ord. 301 C.S. § 1, 1973; Code 1975 § 963.0).