Chapter 6.04
RESTAURANTS
Sections:
6.04.030 Permit—Application—New restaurant construction plan submission.
6.04.040 Permit—Issuance and display— Premises investigation.
6.04.060 Permit—Revocation—Appeal and hearing.
6.04.070 Rules and regulations.
6.04.080 Compliance with state statutes required.
6.04.090 Equipment maintenance.
6.04.150 Storage and display—Dirt floors prohibited.
6.04.160 Negative X-ray card required.
6.04.170 Penalty for violations.
6.04.010 Definitions.
A. “Food or beverage” includes all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof for human consumption.
B. “Itinerant restaurant” means any restaurant, operating from temporary facilities, serving, offering for sale, selling or giving away food or beverage, and includes, but is not limited to a restaurant where only wrapped and packaged, ready-to-eat foods are served, and any mobile unit on which food is prepared and served.
C. “Person” means natural person, club, including veterans’ club, firm, corporation, partnership, organization, association, or political subdivision.
D. “Restaurant” as used in this chapter means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, or eating establishment, in-plant or employee eating establishment, whether private or public, organization, club, including veterans’ club, boarding house, guest house, or political subdivision, which gives, sells or offers for sale, food to the public, guests, patrons, members, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering function.
E. “Vehicle” means any vehicle upon which food or beverage is displayed, sold, or offered for sale, or given away. (Ord. 166 §§ 1, 2, 3, 4, 5, 1960).
6.04.020 Permit—Required.
It is unlawful for any person to engage in the business of conducting a restaurant within the city without first having obtained, and thereafter keeping posted in a conspicuous place on the premises for which it is issued, an unexpired permit to conduct such business as provided in this chapter. (Ord. 166 § 6, 1960).
6.04.030 Permit—Application—New restaurant construction plan submission.
Any person desiring a permit to conduct a restaurant in the city shall file with the health officer of the city or his authorized representative, an application in writing requesting that a permit be issued to the person herein named. Plans for any new restaurant construction and remodeling shall be submitted to the health officer, or his authorized representative, for approval. Such application shall be upon a form supplied by the health officer, and shall state that if the permit be granted, the applicant shall conform to and comply with all the requirements of this chapter. (Ord. 166 § 7, 1960).
6.04.040 Permit—Issuance and display— Premises investigation.
Immediately upon receipt of such application, the health officer, or his authorized representative, shall investigate the premises on which it is proposed to conduct the business and determine whether the same and the equipment used or to be used therein, comply with the rules and regulations prescribed by this chapter and the laws of the state pertaining to restaurants, and if satisfied that the premises and equipment comply with such rules and regulations and laws, he shall issue a permit to the applicant to conduct such business. The permit, when issued, shall be kept posted in a conspicuous place on the premises for which it is issued, and no permit shall be transferable from one person to another. (Ord. 166 § 8, 1960).
6.04.050 Permit—Expiration.
Each permit issued by the city health officer for con- duct of a restaurant shall expire at the end of twelve calendar months from the date of issuance thereof, or at such time as the person to whom such permit was issued ceases to conduct the restaurant, whichever shall first occur. (Ord. 166 § 9, 1960).
6.04.060 Permit—Revocation—Appeal and hearing.
Any permit to conduct a restaurant may be revoked by the health officer of the city in the event that he shall determine that any of the regulations contained in this chapter have been violated, whereupon the permit shall be surrendered to the health officer. Any person whose permit has been revoked by the health officer as herein provided, may appeal to the city council by filing a written notice of appeal within ten days of such act of revocation with the city clerk. At its next regular meeting following the filing of a notice of appeal, the city council shall fix a time and place for hearing such appeal, and the clerk shall provide notice of the hearing to the appellant and to the health officer. At the hearing, the city council may receive evidence and inquire into such revocation and shall have power in its discretion to restore such permit, or affirm the act of the health officer in revoked by permit. Any restaurant the permit for which has been revoked by the health officer, shall remain closed pending the hearing of any appeal and decision thereon by the city council. (Ord. 166 § 10, 1960).
6.04.070 Rules and regulations.
Any person operating a restaurant within the city shall be governed by the following regulations as set out in Sections 6.04.080 through 6.04.160. The violation of any regulation shall be and constitute grounds for revocation of the permit to conduct the business within the city. (Ord. 166 § 11 (part), 1960).
6.04.080 Compliance with state statutes required.
Any person operating a restaurant shall meet and comply with all requirements of the California Food Sanitation Act and the California Restaurant Act and all other laws of the state pertaining to restaurants and the premises on which the same are conducted. (Ord. 166 § 11 (Reg. 1), 1960).
6.04.090 Equipment maintenance.
Any piece of equipment or any fixture in any restaurant which has deteriorated to such an extent as to be no longer satisfactory for use shall be replaced promptly by equipment deemed satisfactory by the health officer of the city. (Ord. 166 § 11 (Reg. 2), 1960).
6.04.100 Hood specifications.
Each cooking stove, griddle, or fat fryer used in connection with the restaurant business must have an approved power ventilation system. Hoods, where used, must have an area at least twenty-five percent greater than the area of the stove, griddle, or fat fryer and must lead to a forced air-ventilating flue. (Ord. 166 § 11 (Reg. 3), 1960).
6.04.110 Sink specifications.
Wherever utensils are washed and chemically sanitized, a three compartment, smooth-surfaced sink of non-corrodible material must be provided which must have smooth-metal supports, corrugated metal drainboard and smooth-metal splash board extending the full length of the sink and drain-board. Provided, however, that a two compartment sink described as above shall be acceptable wherever facilities for hot water sanitization are available. Provided further, that mechanical dishwashing machines approved by the health officer and sinks constructed of material approved by the health officer may be used. Metal-lined wood for sinks and drainboards is prohibited; likewise, wood- or metal-lined wood is prohibited for use as soiled dish receptacles. (Ord. 166 § 11 (Reg. 4), 1960).
6.04.120 Lavatory facilities.
Adequate and convenient hand-washing facilities shall be provided within or adjacent to toilet rooms, including hot and cold running water, soap and approved sanitary towels. (Ord. 166 § 11 (Reg. 5), 1960).
6.04.130 Plumbing fixtures.
Every plumbing fixture must be provided with running water. Plumbing fixtures from which wastes are discharged must be properly trapped and each trap must be effectively vented and these fixtures must be connected to an approved sewerage system. (Ord. 166 § 11 (Reg. 6), 1960).
6.04.140 Refrigeration.
Frozen foods must be properly refrigerated so as to assure their preservation. Every cold room and every ice box or refrigerator must be held at a temperature below fifty degrees Fahrenheit. The keeping, holding and transporting of any perishable goods capable of supporting pathogenic bacteria must be under refrigeration. Waste water from any ice box, refrigerator or from any pump, must not be discharged onto the ground but into an approved floor drain which is properly plumbed and vented, as in Section 6.04.130. (Ord. 166 § 11 (Reg. 7), 1960).
6.04.150 Storage and display—Dirt floors prohibited.
Fruits, vegetables and all other foods must not be openly displayed or stored lower than eighteen inches above the level of the floor. Dirt floors are prohibited in any storage room. (Ord. 166 § 11 (Reg. 8), 1960).
6.04.160 Negative X-ray card required.
No person shall handle or serve food or drink in any restaurant or sanitize any of the utensils and/or dishes in any restaurant for a period of time in excess of thirty days unless such person shall have in his possession a negative X-ray card showing and indicating that within one year prior thereto his chest had been X-rayed and that such person was then free from tuberculosis. (Ord. 166 § 11 (Reg. 9), 1960).
6.04.170 Penalty for violations.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty-five dollars, nor more than five hundred dollars, or by imprisonment for a period of not more than six months in the county jail or by both such fine and imprisonment. (Ord. 166 § 12, 1960).