Chapter 8.04
RESTAURANTS AND FOOD ESTABLISHMENTS – PERMITS
Sections:
8.04.020 Application of chapter.
8.04.040 Permit – Prior establishments.
8.04.050 Permit – New establishments.
8.04.060 Permit – Investigation.
8.04.090 Permit – Suspension – Revocation.
8.04.100 Permit – Reinstatement.
8.04.110 Permit – New application.
8.04.120 Change of location or management – New permit required.
8.04.130 Evidence of intent to sell food.
8.04.140 Rules and regulations – Promulgation.
For statutory provisions regarding health requisites for restaurants, see Health and Safety Code § 28686 et seq.; for health requirements for retail food production and marketing establishments, see Health and Safety Code § 28820 et seq. See also HMC Title 5, Business Licenses and Regulations.
8.04.010 Definitions.
A. “Food” includes all articles used for food, drink, confectionery, or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.
B. “Food establishment” means and includes any public or private market, shop, store, delicatessen, candy factory, tortilleria, or other place, not a public eating or drinking establishment in or about which any food, foodstuffs or provisions are kept, held, sold, prepared, or compounded, or offered for sale for human consumption. Such establishments will specifically include, but shall not be restricted to, grocery stores and warehouses; candy and confectioner’s plants or stores; bakeries; bottling works; food and condiment packing houses; fruit and vegetable stands; markets or other premises where meat or meat food products, sausage, fish, dressed poultry, rabbit or game are kept, stored, handled, manufactured, or offered for sale; ice stations; all food processing or cannery plants of any type.
C. “Restaurant” means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunch room or cafeteria, labor and construction camp kitchen and dining room, public boardinghouse, club, and any other eating or drinking establishment which sells or offers for sale food to the public, as well as kitchens, box lunch establishments, catering services, barbecue pits in which food or drink is prepared on the premises for sale or distribution elsewhere. “Restaurant” as used in this chapter also includes all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors. (Ord. 225 Art. 1, 1954).
8.04.020 Application of chapter.
The provisions of this chapter and Chapter 8.12 HMC shall not apply to any retail food production and marketing establishment regulated by the state of California by California Health and Safety Code, Section 28803 and other applicable state law. (Ord. 337 § 1, 1973; Ord. 225 Art. 1, 1954).
8.04.030 Permit – Required.
It is unlawful for any person, firm or corporation to operate or conduct a restaurant or food establishment or to sell, offer for sale, distribute or have in possession for sale or distribution any food or drink intended for human consumption in the city unless he or it possesses a permit to do so from the health officer of the city. No permit shall be required of any food processing plant, cannery, or other food establishment licensed by the California State Department of Health, by the Bureau of Meat Inspection of the California State Department of Agriculture, or by the Meat Inspection Division of the United States Department of Agriculture. (Ord. 225 Art. 2 § 1, 1954).
8.04.040 Permit – Prior establishments.
The owner, operator, or manager of any existing restaurant or food establishment in the city shall, within 30 days following the effective date of the ordinance codified herein, file with the city health officer an application seeking authority to continue to operate such restaurant or food establishment. Such application shall be upon a form provided by the health officer and shall require the name of the owner or owners, manager or managers thereof, the location and such other information that the health officer may require for the administration of this chapter and Chapter 8.12 HMC. The application shall further require a signed statement that such applicant will observe the provisions of Chapters 8.04 and 8.12 HMC and will, within a reasonable time, not exceeding 120 days, make any and all changes in construction and operations which are required by Chapters 8.04 and 8.12 HMC. (Ord. 225 Art. 2 § 2, 1954).
8.04.050 Permit – New establishments.
Any person, firm or corporation intending to operate a restaurant or food establishment in the city which is not in existence on the effective date of the ordinance codified herein shall, before opening or operating such establishment, make application to the city health officer upon a form as prescribed by HMC 8.04.040. (Ord. 225 Art. 2 § 3, 1954).
8.04.060 Permit – Investigation.
Following receipt of the application by the city health officer, he shall make or cause to be made an inspection of the premises of the applicant, and if the provisions of this chapter and Chapter 8.12 HMC and all other applicable state and county laws have been complied with by the applicant, the health officer shall certify that fact to the applicant and issue to him a permit to operate. (Ord. 225 Art. 2 § 4, 1954).
8.04.070 Permit – Fee.
Every application for a permit required by this chapter and Chapter 8.12 HMC shall be accompanied by a fee of $10.00 to cover the costs of inspection of the applicant’s premises. No permit to operate shall issue until this fee is paid. (Ord. 225 Art. 2 § 5, 1954).
8.04.080 Permit – Display.
Every permit required by this chapter and Chapter 8.12 HMC shall at all times be displayed in a conspicuous place on the premises of the applicant to whom it was issued. (Ord. 225 Art. 2 § 6, 1954).
8.04.090 Permit – Suspension – Revocation.
If it is determined by the county health officer, following any investigation or inspection of a restaurant or food establishment, that the operator, owner, or manager thereof has not complied with the provisions of this chapter and Chapter 8.12 HMC, or with the laws of the state of California, the health officer may in his discretion immediately suspend and seize the permit issued to operate the restaurant or food establishment. Any owner, operator or manager of a restaurant or food establishment whose permit has been suspended and seized shall have a reasonable time within which to correct the violations of this chapter and Chapter 8.12 HMC, or of the laws of the state of California, leading to such suspension and seizure, not to exceed 30 days, or such extension thereof as the health officer shall authorize. If such corrections are not made within the period allowed, the health officer shall revoke the permit; provided, however, that when in the opinion of the county health officer any violation constitutes an immediate menace to public health, the health officer shall have the authority summarily to revoke the license and cause the establishment to be closed until such time as such health menace has been abated. Whenever a permit has been suspended by the county health officer a notice of suspension shall be displayed in a conspicuous place on the premises of the restaurant or food establishment where the suspension occurred; any removal, alteration or defacement of the suspension notice shall constitute a misdemeanor and shall be punishable as hereinafter in this chapter and Chapter 8.12 HMC provided. (Ord. 252 § 2, 1958; Ord. 225 Art. 2 § 7, 1954).
8.04.100 Permit – Reinstatement.
Before a suspended permit is reinstated, the owner, operator or manager of any restaurant or food establishment for which the permit to operate has been suspended shall be required to correct the conditions which cause the city health officer to suspend the permit. Upon such corrections, the permit to operate shall be returned at no additional cost to the permittee. (Ord. 225 Art. 2 § 8, 1954).
8.04.110 Permit – New application.
In case a permit has been revoked, it shall not be reinstated, and the owner, operator or manager of a restaurant or food establishment whose permit has been revoked shall forthwith cease to operate such restaurant or food establishment and shall be entitled to commence such operation after making a new application as provided for in HMC 8.04.040, and after having received a new permit to operate. (Ord. 225 Art. 2 § 9, 1954).
8.04.120 Change of location or management – New permit required.
Every person who sells, exchanges, gives away, abandons or discontinues any restaurant or food establishment, within the city, or who moves to a new location within such area, and every person who purchases or otherwise acquires any such restaurant or food establishment in the area, shall immediately notify the county health officer, his assistant or duly authorized representative as to the fact thereof. Such restaurant or food establishment shall be prohibited from operating after such sale, exchange, abandonment, discontinuance, change of location, or purchase until a new permit has been applied for and issued pursuant to the provisions of HMC 8.04.050 and 8.04.060; provided, however, that the health officer may issue a new permit for any restaurant or food establishment upon change of location with fee, providing the owner or manager to whom the permit was issued remains the same; and provided further, that the change of location meets the provisions of this chapter and the laws of the state of California. (Ord. 252 § 3, 1958; Ord. 225 Art. 2 § 10, 1954).
8.04.130 Evidence of intent to sell food.
The presence in or about the place of business of any person dealing in food, or in or about any vehicle used by any such person for the delivery of food, in the city, shall be prima facie evidence of intent on the part of such person to sell the same and the fact that he is holding or offering the same for sale. (Ord. 225 Art. 2 § 11, 1954).
8.04.140 Rules and regulations – Promulgation.
The city health officer is authorized to promulgate such rules and regulations as may be necessary to insure the proper sanitation in all restaurants and food establishments and for the proper and orderly administration of this chapter and Chapter 8.12 HMC. (Ord. 225 Art. 2 § 16, 1954).
8.04.150 Violation – Penalty.
Any violation of this chapter and Chapter 8.12 HMC shall be punished as provided in HMC 1.12.010. (Ord. 337 § 2, 1973).