CHAPTER 5.08
HEALTH PERMITS
SECTION:
5.08.030: Expiration; Renewal; Posting
5.08.040: Suspension Or Revocation Of Permit
5.08.010 PERMIT REQUIRED:
It is unlawful for any person, firm, or corporation owning, controlling or carrying on as principal or agent in the city the business or occupation of public laundry, manufacturing or bottling table water or other beverages, box lunch establishment, bakery establishment, bakery distributor, wholesale candy or confectionery manufacturing, confectionery or soda fountain, fruit stand, wholesale fruit produce, food products establishment, restaurant, lunch stand, retail or wholesale poultry house, poultry peddler, poultry slaughterhouse, sausage factory, meat market, meat peddler, wholesale meat house, fish market, wholesale fish market, fish peddler, public bathhouse, barbershop, beauty shop, grocery store, or wholesale grocery business without first applying for and securing a permit in writing from the city health officer, and no business license shall be issued by any city officer until such permit shall first have been obtained. (1972 Code § 8.04.010)
5.08.020 ISSUANCE:
If after an investigation and consideration of any such application it appears to the health officer that the place, vehicle, business, building, or institution conforms to, and that the applicant has complied with, all the sanitary and health laws of the state of California and city ordinances relevant thereto, the health officer shall grant the permit applied for by the applicant. (1972 Code § 8.04.020)
5.08.030 EXPIRATION; RENEWAL; POSTING:
A. Term Of Permit: Except as otherwise provided, all permits issued by the health officer, as required by this chapter, shall be valid for the period that the business license of any person is valid unless sooner revoked or suspended, or unless the holder of such permit changes the location of his/her place of business or sells, assigns, transfers or otherwise disposes of such business or institution or his/her interest therein for a period of thirty (30) days or more.
B. Renewal: Upon the expiration of any permit and within seven (7) days thereafter, the person trafficking in, conducting or operating such business or institution shall apply for and secure a renewal of the permit in the manner provided for by this chapter.
C. Posting: All permits issued shall be kept posted in a conspicuous place of the business, vehicle, or institution of such permit holder. (1972 Code § 8.04.030)
5.08.040 SUSPENSION OR REVOCATION OF PERMIT:
The health officer shall have the power to suspend or revoke such permit at his/her discretion upon proof to his/her satisfaction of a violation by the holder of such permit of this chapter or any city ordinance, or law of the state of California, regulating and establishing standards for the health, comfort, sanitary or hygienic appliance, use or hygienic conduct, arrangement, management or operation of the institutions or businesses regulated by this chapter; provided, that the health officer in his/her discretion is empowered to deny or withhold a permit for which an application has been made, if, in his/her judgment, the building, premises, equipment, apparatus, vehicle or reasonable facilities for the establishing, maintaining, conducting, or operating the business or institution for which a permit is requested, is or are insufficient, unfit, or incapable of being used, maintained, or established to comply with this or any other city ordinance, or the rules and regulations of the health officer, or laws of the state of California. (1972 Code § 8.04.020)
5.08.050 APPEAL; HEARING:
A. Right To Appeal: If any such permit shall be denied, suspended, or revoked by the health officer, it is unlawful during the period of such denial, revocation or suspension for any person to sell or traffic in any food or drink products in the city at such establishment; provided however, that any such person, firm or corporation whose permit issued under the provisions of this chapter has been so suspended or revoked shall have the right to appeal to the city council in writing within three (3) days after notification of such suspension or revocation, or within thirty (30) days after the denial thereof, and to be heard by the city council with relation thereto at its next regular or regular adjourned meeting, or at a special meeting of the city council called for such purpose.
B. Council Action: The action of the city council upon such appeal shall be final and conclusive with respect to the suspension or revocation of such permit. In the event that such appeal is taken as hereinabove provided, such business or occupation (where such permit has already been granted) shall not be suspended until the final disposition of the appeal by the city council as aforesaid. (1972 Code § 8.04.020)