Chapter 8.08
FOOD AND FOOD SERVICE ESTABLISHMENTS*
Sections:
8.08.010 Permit – Required – Compliance with laws – Display.
8.08.030 Permit – Nontransferable – Revocability.
8.08.040 Permit – Revocation – Hearing and appeals.
8.08.050 Business license required.
8.08.060 Nonapplicability of certain produce sales.
8.08.070 Penalty for violations.
* For statutory provisions authorizing cities to adopt regulations prescribing standards of sanitation for food establishments, see Health and Safety Code § 28693; for provisions on sanitation of restaurants, etc., see Health and Safety Code § 28520 et seq.; for provisions on food processing establishments, see Health and Safety Code § 28280 et seq.
8.08.010 Permit – Required – Compliance with laws – Display.
A. It is unlawful for any person or any of his servants or employees to maintain or operate a bakery, confectionery, candy factory, ice cream factory, soda fountain, restaurant, hotel, tavern, grocery, meat market, sausage factory, delicatessen, store or other place in which food is prepared for sale, manufactured, packed, stored or otherwise disposed of, for human consumption, or to vend or peddle from any wagon or other vehicle or from any basket, hand steamer, or street stand any food products which are sold or otherwise disposed of for human consumption within the corporate limits of the city without having first obtained a permit from the health officer of the city.
B. The health officer shall not issue such permit unless and until it appears that the applicant therefor has complied with all laws and regulations of the state and all ordinances of the city relative to the maintenance and operation of any of the businesses and establishments mentioned in subsection (A) of this section which the applicant proposes to operate and maintain.
C. Such permit when issued shall be kept displayed in a prominent place on the premises of the person to whom or to which it is issued. (Code 1961 § 8A-1).
8.08.020 Permit – Fee.
A permit and inspection fee shall be charged to any person maintaining any business coming within the classification of FMC 8.08.010. The fees to be charged for said permits and inspection shall be as the city council shall from time to time set by resolution. (Ord. 78-386 § 1. Code 1961 § 8A-6).
8.08.030 Permit – Nontransferable – Revocability.
A. The permit required by FMC 8.08.010 shall not be transferable.
B. Any permit issued pursuant to this chapter may be suspended by the health officer for a maximum of 10 days upon violation of any of the laws referred to in FMC 8.08.010 and, in the event of serious violation or repeated violations, such permit may be revoked by the health officer after notice and hearing by the health officer or a member of his staff. (Code 1961 §§ 8A-2, 8A-3).
8.08.040 Permit – Revocation – Hearing and appeals.
A. Notice of the hearing for revocation of a permit shall be given in writing by the health officer and shall state the grounds of the complaint and the time and place of hearing. Such notice shall be mailed to the permittee, by registered mail at least five days prior to the date set for the hearing.
B. Any person dissatisfied with the action of the health officer in revoking a permit may, within a period of 10 days after receipt of notice of the revocation, file with the city clerk a notice of intent to appeal the matter to the city council. In the event of appeal, the city council shall promptly hear and determine the matter, and notice thereof shall be given in the same manner as in the case of the original hearing. The permit shall be suspended pending the decision of the city council, and such decision shall be final and conclusive. (Code 1961 §§ 8A-4, 8A-5).
8.08.050 Business license required.
The requirements of this chapter are in addition to any and all requirements for the obtaining of a business license. (Code 1961 § 8A-7).
8.08.060 Nonapplicability of certain produce sales.
The provisions of this chapter shall not apply to the disposing by selling or otherwise of fruits or vegetables which are grown in the city by the person disposing of such fruits or vegetables. (Code 1961 § 8A-8).
8.08.070 Penalty for violations.
Any person violating any provision of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as set forth in Chapter 1.08 FMC. (Code 1961 § 8A-9).