Chapter 8.04
FOOD HANDLING ESTABLISHMENTS1
Sections:
8.04.010 Health officer defined.
8.04.020 Health officer – Duties.
8.04.040 Health permit – Required.
8.04.050 Health permit – Issuance.
8.04.060 Health permit – Application – Contents.
8.04.070 Health permit – Fee – Payment.
8.04.080 Separate location deemed separate enterprise.
8.04.090 Health permit – Applicant investigation.
8.04.100 Health permit – Issuance conditions.
8.04.110 Health permit – Term – Posting – Nontransferable.
8.04.120 Health permit – Renewal.
8.04.130 Health permit – Inspection fees.
8.04.140 Health permit – Denial – Appeal – Action.
8.04.010 Health officer defined.
“Health officer” means the health officer of the city or his authorized representative. (Ord. 118 § 1, 1969).
8.04.020 Health officer – Duties.
The health officer shall administer and enforce the provisions of this chapter in addition to the provisions of state law herein concerned and the rules and regulations promulgated by the State Department of Public Health thereunder. (Ord. 118 § 2, 1969).
8.04.030 Construction.
In the construction of this chapter all words shall have the meanings as provided in the Health and Safety Code of the state of California and in particular the California Restaurant Act, and any amendments thereto. (Ord. 133 § 1, 1971: Ord. 118 § 3, 1969).
8.04.040 Health permit – Required.
No person shall operate in this city any restaurant, itinerant restaurant, food vending vehicle, vending machine, delicatessen, bakery, grocery, market, food or beverage drive-in or stand, retail food production or marketing establishment, or any other enterprise or establishment in which food or beverage is offered for sale or sold, and concerning which the health officer is required or permitted by state law to conduct periodic inspections or to act in the enforcement of any statute, order, quarantine, rule or regulation prescribed by state law or by a state officer or department relating to public health, without a valid local health permit. (Ord. 134 § 1, 1971: Ord. 133 § 2, 1971: Ord. 118 § 4, 1969).
8.04.050 Health permit – Issuance.
Local health permits shall be issued only after application therefor to the health officer, investigation by the health officer of compliance by the applicant with all applicable statutes, orders, quarantines, rules or regulations, and a finding by the health officer that the applicant is in substantial compliance with such laws, rules and regulations and this chapter. (Ord. 118 § 5, 1969).
8.04.060 Health permit – Application – Contents.
Applications for local health permit shall be in writing on a form approved by the health officer and signed by the applicant and shall include the items of information following:
A. Name and address of the applicant;
B. Name and address of the establishment or enterprise for which the permit is sought, including, in the case of multiple locations, the names and addresses of each enterprise or establishment;
C. The general nature of the business of each enterprise or establishment;
D. The number of persons working in each enterprise or establishment on a representative day, being the median number evidenced by social security tax returns during the preceding year;
E. The calendar year for which the permit or permits are sought;
F. The amount of inspection fee accompanying the application;
G. The date of the application. (Ord. 118 § 6, 1969).
8.04.070 Health permit – Fee – Payment.
Each applicant not hereafter specifically exempted shall pay, at the time of filing of an application for permit, the annual inspection fee or fees established by this chapter. So long as the health officer of the county acts in the capacity of the health officer of the city, the aforesaid fee shall be paid directly to the county. (Ord. 133 § 3, 1971: Ord. 118 § 7, 1969).
8.04.080 Separate location deemed separate enterprise.
Each itinerant restaurant, each food vending vehicle, each vending machine and each separate location of business is a separate enterprise or establishment for purposes of this chapter. (Ord. 118 § 8, 1969).
8.04.090 Health permit – Applicant investigation.
Upon receipt of the application and fees, the health officer shall investigate the enterprises or establishments for which local health permits are sought to determine compliance with this chapter and with applicable state laws, rules and regulations. (Ord. 118 § 9, 1969).
8.04.100 Health permit – Issuance conditions.
The health officer shall issue a local health permit to the applicant for each location, enterprise or establishment which is in compliance with said standards. The health officer shall not issue a local health permit to the applicant for any location, enterprise or establishment not in compliance with said standards, but shall give the applicant written notice of deficiencies which preclude issuance of the permit. (Ord. 118 § 10, 1969).
8.04.110 Health permit – Term – Posting – Nontransferable.
Local health permits shall be valid for the calendar year in which issued plus thirty days. Each permit shall be prominently posted in plain public view at the location or upon the equipment for which it was issued. Permits shall not be transferable. (Ord. 118 § 11, 1969).
8.04.120 Health permit – Renewal.
Permits shall be renewed upon application of the permittee during the first thirty days of each calendar year. Each application for renewal shall be in like form as an original application, but shall have the word “renewal” printed in the lower right hand corner of the first page thereof. Each application for renewal shall be accompanied by the fees herein fixed. The health officer shall investigate and issue or deny a permit upon receipt of an application for renewal in like manner as upon an original application. The filing of an application for renewal of local health permits shall automatically extend the term of the current permit issued for the location, enterprise or establishment until the date of notice of issuance or denial of a new permit. (Ord. 118 § 12, 1969).
8.04.130 Health permit – Inspection fees.
A. The following are fixed as the annual inspection fees for local health permits:
1. Each enterprise or establishment other than an itinerant restaurant, food vending vehicle or vending machine;
a. In which there are one to ten employees – Twenty dollars,
b. In which there are eleven to ninety-nine employees – A total fee equal to two dollars per employee,
c. In which there are one hundred or more employees – Two hundred dollars;
2. Each food vending vehicle – Twenty dollars;
3. Each itinerant restaurant – Twenty dollars;
4. Each food vending machine – Four dollars;
5. Each duplicate permit replacing a permit previously issued – Two dollars.
B. In addition to the foregoing fees, any applicant who has failed to file an application for renewal permit prior to the expiration of the current permit shall pay a penalty of ten percent if his application is filed within thirty days from and after the last date upon which his previous permit was valid and a penalty of fifty percent if filed thereafter. The fees for local health permits shall not be prorated. No fees shall be due or required for permits issued for the calendar year 1969.
C. The following enterprises, establishments and operations are subject to this chapter but are exempt from the annual fees herein provided:
1. Any cafeteria, eating place or other enterprise or establishment operated in or by a school in the public school system or an academically equivalent private school;
2. Any cafeteria, eating place or other enterprise or establishment operated by a public agency, or in a public building or premises, which is supported in whole or in part by taxes.
D. The following enterprises, establishments, and operations are exempt from this chapter: Any vending machine dispensing only soft drinks in sealed containers.
E. Any itinerant restaurant operator shall show evidence of payment of the local health permit fee required in this chapter prior to exercising concession privileges at any county or local fair or carnival.
F. The penalty fees imposed by this section shall not be effective until the expiration of the first renewal period following the adoption by all cities in Sonoma County of an ordinance similar to the Sonoma County Food Industry Ordinance requiring local health permits and imposing fees and penalties similar to those herein imposed. (Ord. 133 § 4, 1971; Ord. 118 § 13, 1969).
8.04.140 Health permit – Denial – Appeal – Action.
In the event of a denial by the health officer of a permit as required by this chapter for any reason other than nonpayment of the required fees or failure to file a proper application, the applicants may appeal in writing to the city council from the decision of the health officer. The city council shall hold a public hearing at their next regular meeting, provided the meeting is at least ten days from the receipt of the written appeal by the city clerk. The health officer shall appear at the hearing and render his report to the city council. At the conclusion of the hearing or any continuance thereof, the city council may affirm the action of the health officer, reverse the action of the health officer, or take such other action as the city council deems appropriate. (Ord. 118 § 14, 1969).
8.04.150 Violation – Penalty.
Any violation of this chapter or of an order of the health officer issued hereunder is a misdemeanor punishable by fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six months or by both such fine and imprisonment. (Ord. 118 § 15, 1969).
For statutory provisions regarding restaurant sanitation generally, see Health & Saf. Code § 28520 et seq.