Chapter 8.50 FOOD ESTABLISHMENTS

(a) The regulations and other standards of sanitation, health and hygiene for food establishments enacted in this chapter are adopted pursuant to the authority of Section 28693 of the California Restaurant Act (Cal. Health & Safety Code Division 21, Chapter 11). The city council finds that such regulations and other standards are more strict than those of the California Restaurant Act.

(b) The city council may, by resolution, adopt administrative rules and regulations to carry out the purposes of this chapter.

(c) The health officer shall enforce and administer the regulations and other standards of this chapter, as well as any provisions of the California Restaurant Act and state rules and regulations adopted thereunder which are not the subject of or covered by the regulations and other standards of this chapter.

(d) For the purposes of this chapter, any reference in the provisions of this chapter to compliance with or enforcement or violation of the provisions thereof shall be deemed to include reference to, and to require compliance with and enforcement of, not only the specific regulations and other standards set forth in or adopted pursuant to the provisions of this chapter, but also to said provisions of the California Restaurant Act and state rules and regulations adopted thereunder. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4101.)

8.50.030 Definitions.

Any word or phrase used in this chapter and not defined herein shall be given the meaning established for such word or phrase by the California Restaurant Act or, if not there defined, the definition of such word or phrase, if any and if not in conflict with the aforesaid, established pursuant to Chapter 1.10, or the common and ordinary meaning required by the context in which it is used. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

“Food delivery vehicle” means any vehicle as defined in Cal. Veh. Code § 670, or any mobile unit howsoever propelled, which is used for the wholesale or retail transportation or delivery of foods or beverages, except a vehicle used exclusively to transport or deliver foods or beverages which have been packaged, canned or bottled and which have been previously inspected by a regulatory governmental agency.

“Food establishment” means any and each restaurant, itinerant restaurant, food vending vehicle, food delivery vehicle, vending machine which dispenses perishable foods and beverages which are not bottled or canned, grocery, food market, meat or fish market, bakery, confectionery, delicatessen, ice plant, food or potable liquid packing or bottling plant, plant or room used to prepare any food or beverage product whatsoever that is dispensed elsewhere by machine (whether or not such food or beverage product is perishable and whether or not such dispensing machine is a vending machine), temporary or permanent food or beverage concession, winery, package liquor store which dispenses foods or beverages, or any other place in the city where food or beverages are prepared for sale, sold, stored, distributed, displayed for sale, served or given away.

“Food vending vehicle” means any vehicle as defined in Cal. Veh. Code § 670, or any mobile unit howsoever propelled, upon or from which any food or beverage is vended, displayed or given away.

“Health officer” means the county health officer or any other person regularly exercising the duty of health officer for the city, and their duly authorized agents; the health officer is the “local health officer” defined in Section 28535 of the California Restaurant Act.

“Perishable” means, with respect to food and beverage products, those products which support or are conducive to the growth of pathogenic micro-organisms such as fresh, cured, prepared or package meat or meat products, seafood or seafood products, custard and/or cream pies and pastries, wrapped or unwrapped sandwiches, salads, and milk or milk products.

“Restaurant” means any coffeeshop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including veterans’ club, boardinghouse, guesthouse, or political subdivision, which gives, sells, or offers for sale food to the public, guests, patrons, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. The term “restaurant” shall not include itinerant restaurants, vending machines, food delivery vehicles, cooperative arrangements by employees who purchase food or beverages for their own consumption and where no employee is assigned full time to care for or operate equipment used in such arrangement, or private homes; nor shall the term “restaurant” include churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages or which receive donations of food, food products, or beverages, for service without charge to their members, or for service or sale at a reasonable charge to their members, but does include service or sale of food or beverages to the general public for consumption on or off the premises at which the food, food products, or beverages are served or sold. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4102.)

8.50.040 Violations.

(a) As declared by Section 1.15.040, any food establishment or activity which is found by the health officer to be a menace to the public health or safety or welfare and which is in violation of any provision of this chapter is a public nuisance. The health officer is authorized and empowered to take such action consistent with the law as is necessary to abate any such public nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety or welfare because of any such violation, the health officer is authorized and empowered to summarily abate such nuisance by any reasonable means.

(b) If no such immediate action is necessary to abate any such violation, the health officer shall inaugurate appropriate proceedings in accordance with Articles V, VI and VII of this chapter, or injunction proceedings through the city attorney upon authorization by the city manager or city council, or by misdemeanor prosecution in accordance with Sections 1.15.010 et seq.

(c) No person shall obstruct or interfere with the health officer in the performance of his/her duties of administering or enforcing the provisions of this chapter.

(d) The police and other appropriate officials of the city shall cooperate with the health officer in the enforcement of the provisions of this chapter.

(e) The remedies authorized herein are not exclusive, but are cumulative to other remedies provided by law. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4103.)

8.50.050 Annual report of health officer.

The health officer shall submit an annual report to the city manager outlining the accomplishments achieved and the major problems encountered in carrying out the purposes of this chapter. The health officer shall also submit any other information as directed by the city council or city manager. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4104.)

8.50.060 Training and educational requirements.

The health officer may require any person engaged in the operation or management of a food establishment to attend an available and approved course of instruction in food handling and such physical and other tests and examinations as he/she may deem necessary for protection of public health. The failure of any such person to attend and successfully complete such course of instruction may be cause for the suspension or revocation of a food establishment permit pursuant to Articles VI and VII of this chapter. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4105.)

8.50.070 Service of notices.

Any notice required to be given by the health officer, in regard to a particular food establishment, pursuant to any provision of this chapter, shall be deemed to have been properly served, in regard to such food establishment, when either (a) such notice has been delivered personally to the permit holder of the food establishment, or to the manager or operator or other person in charge of the food establishment, or (b) such notice has been sent by certified mail, return receipt requested, to the last known address of the permit holder, and, if different than on the application filed with the health officer for the permit to operate the food establishment, or as indicated on supplemental information filed with the health officer. The health officer may, in his/her discretion, personally communicate with or send copies of any such notice to any one or more of the other persons, if any, listed on the permit application or who are otherwise known to the health officer as having some property interest in, or some management control over the operation of, the food establishment. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4106.)

Article II. Food Establishment Permits

8.50.080 Construction or reconstruction of a food establishment – Review preliminary to original permit or permit renewal.

No person shall establish, construct, enlarge, improve, or reconstruct any food establishment, except a food vending vehicle or vending machine, without first submitting to the health officer, in triplicate, plans, specifications and other information as may be required by the health officer to determine compliance with this chapter; provided, that where any such establishment, improvement, enlargement, construction or reconstruction is subject to the provisions of the building code or the plumbing code of the city of Fremont (Chapters 15.10 and 15.20), zoning ordinance (Title 18), or other provisions of this code, the information required herein may accompany or be included within any plans, specifications or other information submitted in connection with the application of said building code or other said provisions of this code, with three extra copies of such plans, specifications and other information, provided by applicant, to be submitted to the health officer by the applicant or the building official or other appropriate official of the city. In cases where a new food establishment is proposed, the submission required herein may be accompanied by an application for a food establishment permit required pursuant to Section 8.50.090 before a new food establishment is opened for business; provided, that until the health officer makes an inspection and investigation required pursuant to Section 8.50.150 or Article V of this chapter, any approval or conditional approval of such plans, specifications, or other information shall not be final or binding upon the health officer or city in connection with the granting of an original food establishment permit or renewal thereof, until such inspection or investigation is completed and a final determination is made by the health officer that the provisions of this chapter have been complied with. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4200.)

8.50.090 Permit required.

No person shall open or engage in the business of operating a food establishment in the city without having a valid food establishment permit granted and issued by the health officer, which permit has not expired or been suspended or revoked. A permit may be granted and issued at any time. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4201.)

8.50.100 Inspection fees.

(a) Every person applying for an original annual food establishment permit, each renewal thereof, and each temporary permit, pursuant to the provisions of this article, shall at the time of making application for the permit pay the following inspection fees:

(1) For each food establishment, other than a food vending vehicle, food delivery vehicle, or vending machine, $10.00.

(2) For one or two food vending vehicles or food delivery vehicles under the same ownership or management, $10.00.

(3) For each food vending vehicle or food delivery vehicle in excess of two under the same ownership or management, $5.00.

(4) For each vending machine which is a food establishment, $2.00.

The above fees are cumulative; the applicant for a food establishment permit with a fixed place of business within the city, such as a restaurant, market, bakery or plant used to prepare food, shall pay not only the fees prescribed in subsection (a)(1) of this section, but also any other fees required pursuant to subsections (a)(2), (3), and (4) of this section; where more than one food establishment is located upon the same premises, such as a grocery, meat market and bakery within one “super market,” each such food establishment shall pay the fee prescribed for each such food establishment. In addition, other fees are required in certain situations pursuant to other provisions of this chapter.

(b) Permit holders which are institutions exempt from real property assessments and taxation are exempt from paying the fees established herein.

(c) Where there has been a failure to file the required application within the 30-day period specified in this article for an original annual or temporary permit or renewal of an annual permit, and the opening of a new food establishment has commenced (in the case of an original annual or temporary permit) or the operation of an existing food establishment has continued (beyond the expiration of an existing valid annual or temporary permit), without the required permit being granted, there shall be added to and collected with the inspection fees required herein a penalty equal to 10 percent of the fees or $1.00, whichever is the greater; and for each additional 30-day period or fraction thereof, after the expiration of the first 30-day period, that there is a failure to file such application and without such permit having been granted, an additional penalty in said amount shall be added and collected with the inspection fees. The imposition or payment of the penalty imposed by this section shall not be deemed to excuse the operation of a food establishment without the required permit or prevent the imposition of any other penalty prescribed by this chapter or other provision of law. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4202.)

8.50.110 Application for original annual permit.

(a) Thirty days or more before a new food establishment is proposed to be opened for business, a written application for an annual food establishment permit shall be filed with and obtained from the health officer; provided, that where the health officer finds that his/her duties and responsibilities will not be disrupted and that other applicants which have filed within the time required will not be delayed in being reviewed by the health officer, the health officer may excuse the late filing of an application. (A “new” food establishment shall mean not only the initial construction or opening of a food establishment but shall also mean the continued operation or reopening of a food establishment business which is or had been operating under a permit previously granted pursuant to this chapter but which is intended to be operated under a new permit holder or where the original permit has expired without being renewed or has been revoked.)

(b) The application shall set forth the following items of information:

(1) The name of the food establishment under which it is intended to do business and to be known to the public, and, where applicable, the address and telephone number of the food establishment;

(2) The names and addresses of all the persons who are the legal owners of the food establishment (the individual, sole proprietor, corporate, partnership or other legal name of all the fee title owners, lessors, lessees, sublessees, franchisors, franchisees and other persons which have a legal interest in the ownership and possess some degree of management control of the food establishment);

(3) The names, home addresses and telephone numbers of the managers or operators of the food establishment to whom notices may be sent or communicated by the health officer;

(4) A description of the location and premises wherein or whereon it is proposed to conduct the food establishment;

(5) The type and nature of the food establishment proposed (including the plans and specifications which may be required pursuant to Section 8.50.080 if such have not been previously submitted and approved pursuant to said section);

(6) The date the food establishment is proposed to be opened for business; and

(7) Such other information as may be required by the health officer in order to carry out the purposes of this chapter.

(c) The application shall be signed by at least one person who is a legal owner that has authority from all other legal owners, if any, to apply for the permit. The operator or manager of the food establishment shall not be an applicant or permit holder unless such person is also a legal owner and has signed the application.

(d) The person or persons signing the application shall have, without regard to number, the status of applicant and shall be deemed to be the permit holder if the application is granted and issued. If more than one person signs the application as the permit holder, a single addressee and address shall be specified in the application to whom and where official notices to the permit holder may be given. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4203.)

8.50.120 Application for temporary permit.

An application for a nonrenewable temporary permit not exceeding 14 days may be filed pursuant to Section 8.50.110 except that the application shall also state the inclusive dates of the proposed operation. If the permit holder who has obtained a temporary permit desires to continue operation of the food establishment beyond the date set forth in the application and approved by the health officer, or to resume operation at some later date or dates, a new temporary permit shall be applied for and obtained for each 14-day or lesser period of operation, or an annual permit shall be applied for and obtained pursuant to said Section 8.50.110. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4204.)

8.50.130 Renewal of annual permit.

An original annual permit issued pursuant to Section 8.50.110 shall expire one year from the date on which the permit was issued. If the permit holder desires to continue in the business of operating the food establishment, the permit shall be renewed annually or until the operation of the food establishment is terminated. Application for renewal shall be made by the permit holder to the health officer not less than 30 days prior to the expiration of such permit, accompanied by the required fees; provided, that the health officer may excuse the late filing of an application on the same basis as for an original annual permit. Any change in the information contained in the original application or last prior application for renewal, and such other information as may be required by the health officer in order to carry out the purposes of this chapter, shall be set forth in the application for renewal. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4205.)

8.50.140 Permit not transferable – Exception.

A food establishment permit is not transferable from one location (whether a fixed place of business or itinerant restaurant or food vending vehicle, food delivery vehicle or vending machine or other type of food establishment) to another location or from the permit holder to another person except that a transfer of the permit may be allowed among and between the legal owners of the food establishment listed on the original permit application, provided an application for such transfer is filed with the health officer, including such information as the health officer requires and which will enable him/her to readily find, in his/her sole and final discretion, that the type and nature of the food establishment and the management control thereof will not change, as a result of such transfer, to an extent which requires an investigation and inspection which should be made only in connection with an application for a new original food establishment permit; a fee of $2.00 shall be paid for each such transfer of a food establishment permit. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4206.)

8.50.150 Investigation by health officer – Grant or denial of permit.

(a) Upon the filing of an original application for a food establishment and the payment of the required fees, the health officer shall investigate the information contained in the application and the premises of the food establishment, and determine whether or not the food establishment conforms with the requirements of this chapter.

(b) Upon the filing of an application for renewal of an original permit and the payment of the required fees, the health officer may, in his/her discretion (provided the information contained in the application conforms with the requirements of this chapter) either (1) investigate the premises of the food establishment as in the case of an original permit application or in connection with the regular annual inspection pursuant to Article V of this chapter, or (2) if no violations of the requirements of this chapter have been found by the health officer at the food establishment for the last six months prior to the filing of the application for renewal, postpone such investigation of the premises until the next regular annual inspection, or cause for other investigation occurs, pursuant to said Article V.

(c) After making the necessary investigation the health officer shall grant and issue the permit if the food establishment is sanitary and otherwise conforms with the requirements of this chapter; otherwise, he/she shall deny such application; provided, that if the health officer finds that the food establishment is sanitary and otherwise conforms with the requirements of this chapter but the health officer is informed by the chief building official or other appropriate city official that the food establishment does not comply with the building code, plumbing code, zoning ordinance or other provisions of this code, the permit may be, at the discretion of the health officer, either denied without prejudice, or action thereon may be suspended for a stated period, not to exceed 90 days, at the conclusion of which the permit shall be denied without prejudice if such compliance with said provisions of this code has not been obtained.

(d) The health officer shall give written notice of the grant or denial of the food establishment application to the applicant. The health officer shall give such notice of grant or denial or suspension of action, in connection with applications for annual permits, not later than on the thirtieth day after the application is filed (accompanied by the required fees) for an original annual permit or renewal thereof. In connection with applications for temporary food establishment permits, the health officer shall give such notice not later than on the tenth day after the application is filed (accompanied by the required fees). Notice of the grant or denial of an application as to which action has been suspended as aforesaid shall be given within five days following expiration of the aforesaid stated period.

(e) If the application is denied, the health officer shall include a statement in the notice thereof that an opportunity for an administrative hearing before the health officer will be provided if a written request by the applicant is filed with the health officer within 10 days of such notice.

(f) If, upon the conclusion of all administrative and appeal proceedings provided in this chapter, the application is denied, no part of the fees paid shall be refunded.

(g) Every permit granted shall be subject to the express condition that it is subject to revocation or suspension upon findings made by the health officer of a violation of any provision of this chapter by the permit holder, operator, manager, employee, servant, agent, or any other person acting with the consent or under the authority of the permit holder or operator or manager of the food establishment.

(h) If the permit is granted, the permit holder or manager or operator shall inform the health officer of any subsequent changes or proposed changes in the information contained in the application. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4207.)

8.50.160 Permit to be posted.

Every food establishment permit issued shall be kept posted in a conspicuous place in or on the food establishment for which the permit is granted. The health officer may prescribe on the permit, or by subsequent written notice, the location in or on the food establishment where such permit shall be kept posted. The permit shall not be defaced or marred, or camouflaged or hidden so as to prevent the general public from observing it. The permit may be deemed voided if removed from the location specified on the permit or subsequent written notice. A duplicate permit shall be obtained from the health officer by the permit holder (or on his/her behalf by the manager or operator) of the food establishment for any valid permit which has been defaced, marred, lost, stolen or misplaced; a fee of $2.00 shall be paid for each such duplicate permit. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4208.)

Article III. General Standards

8.50.170 Recognized inspection service.

No person shall sell, distribute, offer for sale, vend or give away any manufactured or prepared food or beverage in the city other than the product of a food establishment that is regularly inspected by the health officer or some other inspection service recognized and approved by the health officer. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4300.)

8.50.180 Cold food storage.

Except as provided in Section 8.50.190, all readily perishable food or beverages capable of supporting rapid and progressive growth of micro-organisms which can cause food infections or food intoxications and which are intended to be held prior to processing or are to be reused on the premises, shall be maintained at or below a temperature of 45 degrees F. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4301.)

8.50.190 Hot food storage.

All readily perishable food or beverages, capable of supporting rapid and progressive growth of micro-organisms which can cause food infections or food intoxications when being maintained hot for serving or while being served hot, shall be kept in devices which maintain the temperature of all portions of the food or beverage above 140 degrees F. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4302.)

8.50.200 Perishable food restrictions.

The health officer may prohibit or restrict the preparation, sale or other provision of perishable food or beverages in any food establishment which is not provided with or cannot be provided with hot water, temperature control, or other facilities, which may be necessary or required under the circumstances to prevent such perishable food and beverages from being held above or below the temperature required pursuant to Sections 8.50.180 and 8.50.190. An accurate thermometer suitable for measuring temperature of food shall be kept readily available at every such food establishment. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4303.)

Article IV. Specific Standards

8.50.210 Specific standards of sanitation, health and hygiene.

Every food establishment shall comply with the following specific standards of sanitation, health and hygiene (listed under topic headings for convenience of reference), except if by reason of the nature of any particular food establishment any such standard is not applicable:

(a) Food Protection.

(1) Food, drink, and ice that is used with, in or as a food or drink shall be stored, displayed and served in a manner that will allow it to be reasonably free from dust, dirt, flies, vermin, and other possible contamination including but not limited to backflow, condensation drip, seepage or sewage. Food containers, beverage containers, milk cartons, and other similar devices, shall not be stored directly in or upon such ice.

(2) Food shall be stored in tight, sound containers that are smooth and easily cleanable. The reuse of fruit and vegetable cans is prohibited.

(3) All market milk distributed in the city in the final package for human consumption shall be pasteurized.

(4) Frozen foods that have thawed shall not be refrozen.

(b) Utensils and Equipment.

(1) Stored containers shall be inverted or covered unless such is impractical or unnecessary in the judgment of the health officer. Spoons, knives, and forks shall be covered, inverted or otherwise stored to prevent handling the surface that comes in contact with food.

(2) Containers and utensils are not to be handled by the surface that comes in contact with food. Inside surface of glasses, cups or other containers shall not be handled. Single-service articles, such as cups, plates, and straws, which are packaged in sanitary cartons shall be stored in a clean, dry place until used; after removal from cartons, these items shall be handled in a sanitary manner.

(3) Drain racks, trays and shelves shall be of noncorrosive material and kept clean. Shelf covering shall adhere tightly to the surface. Paper on shelves is not acceptable.

(4) Tongs, forks, spoons, picks, spatulas, scoops and other suitable utensils shall be provided and shall be used by employees to reduce manual contact with food to a minimum. For self-service by customers, similar implements shall be provided.

(5) Glasses, dishes, drinking glasses or other utensils that are cracked, chipped, or damaged shall not be used, and may be confiscated or destroyed at any time when necessary in the opinion of the health officer to protect the public health and safety.

(6) Surfaces of all devices, utensils and other equipment which come into direct contact with food or drink must be smooth, easily cleanable, and noncorrosive.

(7) Rotating shafts of devices used to prepare food shall be sealed to prevent food from becoming lodged around the opening of the shaft and to prevent oil or other lubricants used on the shaft from coming into contact with the food.

(1) A measuring device and a chemical test device shall be provided where chemical sanitization of food handling devices, utensils and equipment is used.

(2) If sanitizing is performed by immersion in 180 degrees F water, a suitable thermometer shall be kept adjacent to the dishwashing operation for checking temperatures.

(3) In hand glass washing operations, a glass washing brush shall be provided and shall be immersed in water.

(4) Mops shall not be cleaned by washing in dishwashing or pot sinks.

(5) Burlap or towels shall not be used on drainboards.

(d) Floors and Walls.

(1) Floor-mounted equipment which is not readily movable shall be sealed to the floor or shall be installed on raised platforms of concrete or other smooth masonry in such a manner as to prevent liquids or debris from seeping or settling underneath, between, or behind such equipment. In spaces which are not fully open for cleaning and inspection, all such equipment shall be elevated at least six inches above the floor. The space between adjoining units and between a unit and the adjacent wall shall be closed unless exposed to seepage, in which event it shall be sealed or sufficient space shall be provided to facilitate easy cleaning between, behind, and beside all such equipment.

(2) In all rooms wherein food or beverages are prepared, processed or manufactured, and wherever in the opinion of the health officer floors impervious to water are necessary to maintain sanitary conditions, floors shall be constructed of cement, tile, wood covered with mastic, or other impervious material acceptable to the health officer, sloped to a floor drain properly connected to a sanitary sewer, and cove constructed, sealed, and easily cleaned. Top set coving shall not be acceptable.

(3) Sinks and drainboards shall have splash backs with a minimum of height of 10 inches and may be required to have a greater height if the health officer determines such is necessary to prevent excessive splashing of the walls.

(4) No person shall use or permit to be used any sawdust or similar material on the floor of any room of an establishment, except that in butcher shops clean sawdust may be used on floors in a cooler or behind a counter not accessible to the public.

(e) Toxic Materials. Cleaning materials and chemicals, such as lye, detergents and insecticides, shall be kept only on lower shelves, and never stored above food or on the same shelves or in the same compartment where food is stored. All such materials and chemicals shall be properly and conspicuously labeled.

(f) Toilets, Hand-Washing Facilities, and Dressing Rooms.

(1) Each restaurant kitchen, including the dishwashing and food preparation areas, in which five or more persons are employed at the same time, shall be equipped with a hand basin, hot and cold running water, hand soap and single-use hand towels.

(2) Hand-washing facilities with hot and cold running water shall be provided for employees within or adjacent to the toilet room. All new fixtures and replacements for old fixtures shall be mixing type faucets or outlets.

(3) All persons engaged in activities involving food handling, or handling surfaces of equipment which comes into contact with food, shall wash their hands immediately after visiting the restroom, handling waste containers, handling money, smoking or contacting any other unclean item prior to again returning to food or equipment handling activities.

(4) Toilets, including a hand basin with hot and cold running water and soap and single-use towels, must be conveniently located on the premises housing the food establishment, in no case more than 50 feet from the food preparation area. If a toilet room is not located in the same section and on the same floor of a building housing the food establishment, the toilet may be on the next floor above or below the food establishment; provided, that a hand basin with hot and cold running water and soap and single-use towels must be provided in the food preparation area.

(5) In food establishments where alcoholic beverages are sold for on-premises consumption, separate toilets and hand basins for each sex shall be provided for the use of its patrons.

(6) The toilet facilities intended for the use of the public shall be so situated that patrons may not pass through the food preparation rooms.

(7) There shall be provided in all establishments a room or enclosure, separated from toilets and food storage or preparation area, wherein employees may change and store outer garments; no person shall change or store clothes elsewhere in a food establishment.

(8) Toilet anterooms, when used for a locker room, shall have a minimum usable floor area of 18 square feet or not less than four square feet per employee locker per working shift. Separate locker rooms are required for exclusive employee use if the anterooms are for public use.

(9) Locker rooms shall be properly vented to the outside air and shall have a minimum of four foot-candles of light as measured 39 inches above the floor.

(10) Lockers are required for five or more employees working on any one shift.

(11) The management personnel of a food establishment shall be responsible to assure that all lockers are kept clean and orderly and well painted. Keys shall be made available upon demand to the health officer to open lockers for inspection.

(12) Containers shall be provided in the employees’ locker room or dressing room for soiled linens and clothing that is soiled, such as coats and aprons.

(g) Garbage and Waste Disposal.

(1) Garbage grinders which dispose of garbage into sanitary sewers or approved private sewage disposal systems are required in all establishments unless deemed unnecessary by the health officer. Such devices shall be kept in good repair.

(2) Every food establishment shall be provided with garbage and trash cans with flytight covers, made of metal or other approved material, for disposal of vegetable trimmings, food scraps and other refuse. A sufficient number of cans shall be available to prevent overloading, and tight fitting covers shall be kept in place at all times. Garbage and trash cans shall be maintained in a sanitary condition and in good repair. Garbage and trash cans placed outside of the food establishment shall be located on smooth, washable concrete or some other foundation approved by the health officer, and such outside refuse and waste collection areas shall be screened from adjacent properties and the public way.

(3) Where there is a regular accumulation of vegetable trimmings or other waste material subject to decomposition, a flytight screened room shall be constructed of screen wire of not less than 16 meshes to the inch. All such waste material shall be kept in said screened room until removal from the premises. Where such screened rooms are provided, the lower three feet of wall space shall be constructed of a smooth, washable material with floors coved to the wall. The floors and walls shall be maintained in good repair.

(4) Garbage and trash rooms shall not open directly into any room in which food or beverages are prepared or served. The floor shall be of concrete or equivalent, sloped to drain, with suitable floor drains connected to the sanitary sewage system. All garbage rooms shall be suitably covered so as to prevent storm water from entering the sanitary sewer. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4400.)

Article V. Inspection of Food Establishments

8.50.220 Annual and other inspections.

(a) The health officer shall annually inspect each food establishment in the city which has a valid annual food establishment permit granted and issued by the health officer pursuant to Article II of this chapter; provided, that being dependent upon available time and staff assistance, the health officer may make the annual inspection of any such food establishment at any time between nine and 15 months after the last preceding annual inspection.

(b) The health officer shall also make as many other inspections and reinspections of each food establishment as are necessary for the enforcement of this chapter, regardless of whether or not the food establishment has a valid permit. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4500.)

8.50.230 Access to food establishments.

(a) The health officer, after proper identification, shall be permitted to enter, at any reasonable time, any food establishment within the city for the purpose of making inspections to determine compliance with the requirements of this chapter.

(b) The health officer shall be permitted to examine the records of the food establishment to obtain pertinent information pertaining to food and supplies purchased, received, or used, and persons employed at the food establishment.

(c) When inspection of a vending machine by the health officer is required, the permit holder or manager or operator thereof, or a duly authorized agent, shall be present at the time and place specified by the health officer for such inspection, and shall open the vending machine for such inspection. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4501.)

8.50.240 Inspection reports.

Whenever the health officer makes an inspection of a food establishment, he/she shall record his/her findings on an inspection report, and shall give notice of his/her findings by furnishing the original or duplicate original of such inspection report to the permit holder or operator or manager or other person in charge at the food establishment. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4502.)

8.50.250 Examination and condemnation of food – Hold orders.

(a) Food at any food establishment may be examined or sampled by the health officer as often as may be necessary to determine freedom from adulteration or misbranding.

(b) The health officer may, without prior written notice, place a written hold order on any food which he/she determines, or has probable cause to believe, to be unwholesome or otherwise adulterated or misbranded.

(c) The health officer shall, in addition to such hold order, give written notice of such hold order by means of an inspection report or notice of violation.

(d) Under hold order, food shall be permitted to be suitably stored. No person shall remove or alter a hold order on food (or tag or other notice placed in connection with such hold order) by the health officer, and neither such food nor the containers thereof shall be relabeled, or repacked, reprocessed, altered, disposed of, or destroyed without permission of the health officer.

(e) After the permit holder or operator or manager or other person in charge has had an administrative hearing in connection with the hold order or notice of violation, as provided for in Article VII of this chapter, and on the basis of evidence produced at such hearing, or on the basis of the health officer’s examination in the event a written request for a hearing is not received within the time period permitted, the health officer may vacate the hold order, or may by written order direct the permit holder or operator or manager or other person in charge of the food which was placed under the hold order, to denature or destroy such food or to bring it into compliance with the provisions of this chapter. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4503.)

8.50.260 Issuance of notice of violation.

Whenever the health officer makes an inspection of a food establishment and finds that any provision of this chapter has been violated, he/she shall give notice of such violation by means of an inspection report or other written notice. In any such notification, the health officer shall: (a) set forth the specific violation or violations found; (b) establish a specific and reasonable period of time for the correction of the violation or violations found (in the case of temporary food establishments, violations must be corrected within a specified period of time not to exceed 24 hours); (c) state that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit; (d) state that an inspection fee of $25.00 will be required to be paid for each subsequent inspection which results in the health officer finding that the violation or violations has or have not been corrected; and (e) state that an opportunity for an administrative hearing before the health officer will be provided to consider any objection to the inspection findings if a written request by the permit holder or manager or operator for such a hearing is filed with the health officer within five days of such notice. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4504.)

8.50.270 Inspection fees.

(a) Whenever an inspection by the health officer is made subsequent to an initial inspection which resulted in a notice of violation being given pursuant to Section 8.50.260, and the health officer finds at such subsequent inspection or inspections that the violation or violations which were set forth in the notice of violation has or have not been corrected, an inspection fee of $25.00 shall be paid and collected for each such inspection except where a final decision in an administrative review or legal proceeding determines that there was inadequate cause for such inspection or inspections.

(b) The imposition or payment of the fee imposed by this section shall not be deemed to excuse any violation found pursuant to this article or prevent the imposition of any penalty prescribed by this chapter or other provision of law. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4505.)

Article VI. Enforcement

8.50.280 Suspension of permits.

(a) Food establishment permits may be suspended by the health officer for failure of the permit holder or operator or manager of a food establishment to comply or to cause compliance with any of the requirements of this chapter.

(b) Whenever a permit holder or operator or manager has failed to comply or to cause compliance with any hold order inspection report or notice of violation issued pursuant to Section 8.50.250 or 8.50.260, the permit holder or operator or manager shall be notified in writing that the permit is, upon service of such notice of suspension, immediately suspended. If an administrative hearing has not been held in connection with the prior hold order inspection report or notice of violation, the health officer shall state in the notice of suspension that an opportunity for an administrative hearing before the health officer will be provided to consider any objections to the inspection findings set forth in the hold order inspection report or notice of violation and to consider whether such findings, if affirmed, justify the suspension of the permit, if a written request for a hearing is filed with the health officer by the permit holder or manager or operator within five days of delivery of such hold order inspection report or notice of suspension.

(c) Notwithstanding other provisions of this chapter, whenever the health officer finds insanitary or other conditions in the operation of a food service establishment which, in his/her judgment, constitute a substantial hazard to the public health, he/she may without warning, notice of violation, or hearing issue a written notice of suspension to the permit holder or operator or manager citing such condition, specifying the corrective action to be taken and, if deemed necessary, that the permit is immediately suspended, and all food service operations are to be immediately discontinued. Any person to whom such a notice of suspension is issued shall comply immediately therewith. The health officer shall include a statement in the notice of suspension that an opportunity for an administrative hearing before the health officer will be provided if a written request by the permit holder or manager or operator for such a hearing is filed with the health officer within five days of such notice. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4600.)

8.50.290 Reinstatement of suspended permits.

When a food establishment permit has been suspended the permit holder may, at any time prior to the expiration of such permit, file with the health officer a written request for an inspection of the food establishment for the purpose of reinstatement of the permit. The request for inspection and reinstatement shall be accompanied by an inspection fee of $25.00 and include a statement signed by the permit holder or operator or manager that in his/her opinion the conditions causing suspension of the permit have been corrected. Within 10 days following receipt of such written request and inspection fee, the health officer shall make an inspection of the food establishment and, if the health officer finds that the food establishment complies with the requirements of this chapter, the permit shall be forthwith reinstated. The health officer shall give written notice of reinstatement or denial thereof to the permit holder within three days of such inspection. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4601.)

8.50.300 Revocation of permits.

For serious or repeated violations of any of the requirements of this chapter, regardless of whether or not any such violation or violations have resulted in suspension of the permit or other penalty being imposed, a food establishment permit may be permanently revoked after a hearing has been held by the health officer. The health officer shall notify the permit holder in writing of the time and place of such hearing stating the reasons for which the permit is subject to revocation. A permit may be suspended pending the conclusion of the hearing held to determine whether the permit shall be revoked. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4602.)

8.50.310 Surrender of suspended and revoked permits.

All suspended or revoked permits shall be surrendered upon demand of the health officer. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4603.)

Article VII. Hearings and Appeals

8.50.320 Administrative hearings by health officer.

(a) Whenever an administrative hearing is requested or required pursuant to the provisions of this chapter, the health officer shall give notice of the time and place of the hearing which shall not be later than on the tenth day after the date such notice is given; provided, that the health officer and the permit holder may agree to a later time for such hearing. No fee shall be charged for any such hearing.

(b) The administrative hearing shall be conducted on behalf of the health officer by a hearing officer who shall be some person other than the person who has issued the notice of violation or notice of suspension or notice of revocation, or other notice or order, issued pursuant to this chapter, or who has otherwise been directly involved in any prior investigation, inspection or other action or proceedings which is or was recently directly connected with the dispute and issues of the hearing.

(c) The hearing officer shall take evidence on the issues raised in the hearing. The hearing may, after being commenced within the time specified pursuant to subsection (a) of this section, be continued for good cause by the hearing officer from time to time. The hearing officer shall, at the conclusion of the hearing, make findings of facts based upon the evidence submitted, and affirm, modify or reverse the findings or notice or order which is the subject of the hearing. Notice of the hearing officer’s decision shall be given to the permit holder within three days of the conclusion of the hearing. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4700.)

8.50.330 Appeals to city council.

Any person aggrieved or affected by any order or decision by the health officer may, after exhausting all administrative remedies provided for in this article, appeal the final decision of the health officer pursuant to the provisions of Chapter 1.25. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4701.)

8.50.340 Stay of notices and orders.

The health officer or the city council may, in his/her or its sole discretion, grant a stay of the correction of any violation set forth in any inspection report or notice of violation, or of the suspension or revocation of a food establishment permit, or of any other notice or order issued pursuant to this chapter, for any specified period of time or until the completion of the administrative hearing and appeal proceedings provided herein; provided, that no request for a stay shall be heard by the city council until there has been a final decision by the health officer denying such request; provided further, that the provisions herein shall not be construed to preclude recourse to judicial relief when in any case the administrative hearing and appeal procedures or action taken thereunder would deny due process of law to any person. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4702.)