Chapter 8.08 FOOD AND FOOD ESTABLISHMENTS

“Employee” means any person who, with or without pay, works or handles food in a food-handling establishment, or who offers food for sale. Written approval from the county department of public health approving any person or issuing a permit to any person to work in a food-handling establishment shall be conclusive evidence to the city that this chapter has been fully complied with by the holder of the permit, letter or written authority to operate as a food-handler.

“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.

“Food-handling establishment” includes restaurants and food selling and processing establishments, except that this chapter shall not apply to meat, milk and poultry processing establishments, frozen food lockers, canneries and slaughterhouses inspected by federal or state agencies, nor to such other plants and establishments for the packing, treatment and processing of agricultural products and crops of all kinds, including, but without limiting the generality of the foregoing, plants or establishments for the packing, treating, canning, freezing, dehydrating and other processing and packaging of agricultural products and crops and the manufacture or other processing of byproducts therefrom, where such plants or establishments or the products thereof are subject to inspection by federal or state agencies, to insure that such products are in a good and sanitary state and condition and suitable for human consumption and which do not sell or deliver directly to the ultimate consumer.

“Food selling and processing establishment” means any room, building, vehicle, facility, structure, or place or portion thereof, whether stationary, movable, permanent or temporary, which is maintained, used or operated for the purpose of commercially selling, storing, packaging, transporting, making, cooking, mixing, processing, bottling, canning, packing, slaughtering or otherwise preparing or handling food, or vendors servicing vending machines handling unwrapped, unbottled or unpackaged or readily perishable food. This does not include restaurants, tank trucks, fresh produce trucks, farm trucks, or vehicles delivering only nonperishable food products in sealed, wrapped or bottled containers.

“Health officer,” unless otherwise modified, means the health officer of the county, his medical deputies, his sanitarians, or his duly authorized representatives. The health officer is designated as the enforcement officer of this chapter in his capacity as city health officer.

“Itinerant food-handling establishment” means one which operates for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.

“Restaurant” means any restaurant, coffeeshop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, vehicle and any other eating or drinking establishment which sells or offers food or drink for sale to the public, as well as kitchens in which food or drink is prepared on the premises for sale or distribution elsewhere.

“Utensils” includes kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles, supplies or other equipment used for the storage, preparation, distribution or serving of food or drink. (Ord. 724 § 1 (part), 1978; prior code § 13.1: Ord. 231 §§ 1.1—1.8)

8.08.020 Compliance with law.

All food-handling establishments must comply with all applicable statutes, ordinances, and rules and regulations of federal, state and local agencies. (Prior code § 13.2: Ord. 231 § 5.1)

8.08.030 Exemption from permit or fee not to exempt from sanitary requirements of chapter.

Exemption from permit or fee under this chapter does not constitute exemption from sanitary requirements set forth in this chapter. (Prior code § 13.3: Ord. 231 § 5.2)

8.08.040 Requirements for food service openings.

When food service openings to the outside are used in restaurants, they shall have an area not exceeding two hundred and seventy square inches with a maximum width of eighteen inches and maximum height of fifteen inches. Triangular wide base openings with height not exceeding twenty-four inches are allowed. Additional service openings must be separated by a minimum of three feet. Such openings shall be closable, at least with a wire screen of not coarser than sixteen mesh, when not in use. Each opening shall be further protected by overhead fans, or internal positive pressure which would produce an outward air flow of at least seventy-five linear feet per minute as measured by a standard velometer or have a system of duct work such that the discharge of air produces this outward flow of air through the opening. (Prior code § 13.4: Ord. 231 § 5.3)

8.08.050 Requirements for establishments where meat is cut—Applicability to existing establishments.

A. Every establishment where fresh meat is cut shall be provided with a two-compartment, metal sink with metal drainboards located conveniently to the meat department, with an adequate supply of hot and cold water under pressure. Such sink is to be used exclusively for washing utensils commonly used by meatcutters.

B. This section does not apply to those establishments in existence before the effective date of the ordinance codified in this section having a single-compartment sink which effectively meets the requirements of this chapter and any other applicable statutes, ordinances and rules and regulations governing the sanitization of utensils. When such sink is replaced, it must meet the requirements of this chapter. (Prior code § 13.5: Ord. 231 § 5.4)

8.08.060 Readily perishable foods—Defined—Temperature requirements.

A. “Readily perishable,” as it is used in this section, includes but is not limited to canned goods and bakery products requiring refrigeration.

B. All readily perishable foods must be maintained at either forty-five degrees Fahrenheit or lower or at forty degrees Fahrenheit or higher when in storage, on display or in transit. Accurate Fahrenheit thermometers, suitable for measuring temperatures of food, shall be conspicuously affixed to food storage equipment, where possible, or shall be available at every establishment. Wastewater from refrigeration equipment in fixed establishments shall be disposed of into an approved sanitary sewage disposal system through an indirect connection. Except for properly handled game, only food intended to be sold or served to the public shall be kept in refrigerated storage cabinets.

C. The following items are determined to be readily perishable:

1. Custard and creme-filled pastries, both real and synthetic;

2. Prepared salads with dressing;

3. Sandwiches using mayonnaise or salad dressing in the filling; and

4. Precooked meat, poultry, and fish products not hermetically sealed. (Ord. 487 § 1, 1964: prior code §§ 13.6, 13.7, 13.8: Ord. 231 § 5.5)

8.08.070 Permit to operate—Requirements generally.

It is unlawful for any person to operate a food-handling establishment in the city without having a valid, unsuspended, unrevoked permit from the health officer, as provided in this chapter. In any establishment where there are separate operations under separate management or ownership, each such operation is required to have a separate permit. Permits must be conditioned on compliance with all laws and regulations applicable to the subject person, premises, or operation. Permits shall be issued only on written application, on forms provided by the health officer and containing such information regarding the applicant and the premises or operation involved as he deems necessary to facilitate enforcement of this chapter. Permits shall be dated and contain the name of the permittee and briefly describe or identify the licensed premises or operation. (Prior code § 13.12: Ord. 231 § 2.1)

8.08.080 Permit to operate—Fee—Required.

Fees are required by Section 8.08.090 for permits to operate a food-handling establishment, and are due and payable to the county collector at the time of application for the permit or renewal thereof, and, if the renewal fee is not paid within thirty days after due, the permit becomes void. (Prior code § 13.13: Ord. 231 § 3.1)

8.08.090 Permit to operate—Fee—Schedule.

The fee schedule for permits to operate a food-handling establishment is as follows:

A. Food-handling establishments, including restaurants and food selling and processing establishments, except as provided in subsection B of this section, shall pay an annual fee of eight dollars per year.

B. Incidental food selling establishments, including a snack stand incidental to main business operation with less than one hundred dollars retail value of food in stock, but not including vending machines, shall pay an annual fee of two dollars per year.

C. Itinerant food handlers, including carnivals, fairs and itinerant fruit or vegetable peddlers, shall pay an annual fee of two dollars per booth or vehicle per year.

D. Delivery vehicles which deliver food products directly to the consumer shall pay an annual fee of two dollars per vehicle per year.

E. Nonprofit temporary food stands, including food-handling establishments for fairs, carnivals or special events for nonprofit organizations, shall pay no fee.

F. Incidental food selling, including snack stands incidental to main business operations with less than one hundred dollars retail value of food in stock, including vending machines, shall pay an annual fee of two dollars for each location. (Ord. 487 § 2, 1964; prior code § 13.14: Ord. 231 §§ 3.2, 3.3)

8.08.100 Permit to operate—Not required for vehicles transporting food.

No permit to operate a food-handling establishment is required for vehicles transporting food to food-handling establishments. (Prior code § 13.15: Ord. 231 § 2.5)

8.08.110 Permit to operate—Approval of plans of new establishment required prior to issuance.

No permit to operate a food-handling establishment shall be issued by any city agency to any person proposing construction or alteration of any structure for use as a food-handling establishment until such plans as relate to this chapter have been approved by the health officer. (Prior code § 13.16: Ord. 231 § 2.6)

8.08.120 Permit to operate—Transferability.

Permits to operate a food-handling establishment shall not be transferable from one establishment, location or premises to another. (Prior code § 13.17: Ord. 231 § 2.3)

8.08.130 Permit to operate—Posting.

The permit to operate a food-handling establishment shall be posted and displayed in a conspicuous place. (Prior code § 13.18: Ord. 231 § 2.4)

8.08.140 Permit to operate—Expiration.

Permits to operate a food-handling establishment shall be valid for one year from date of issue unless suspended or revoked before then. (Prior code § 13.19: Ord. 231 § 2.2)

8.08.150 Inspection fees for operations commencing between annual billing periods.

A. Upon sale or transfer of a food-handling establishment, the permit for its operation shall be void until a new application is approved.

B. Inspection fees for operations commencing between annual billing periods shall be prorated on a monthly basis. (Ord. 487 § 3, 1964: prior code § 13.20: Ord. 231 § 3.4)

8.08.160 Instructions in food handling required when.

If a person working in any food-handling establishment is found by the health officer to be handling food in a manner dangerous to public health, the health officer may require the person and/or his employer to attend a course of instruction provided free by the health officer or to discontinue food handling, or both. (Ord. 487 § 4, 1964: prior code § 13.21(a))

8.08.170 Health permit—Required within thirty days of first employment.

Every person working or handling food in any food-handling establishment, with or without pay, must secure a health permit from the county health officer within thirty days of first employment in the city. (Ord. 487 § 4, 1964; prior code § 13.21: Ord. 231 § 4.1)

8.08.180 Health permit—Duration—Availability for inspection.

A health permit to work or handle food in any food-handling establishment shall be valid for two years from date of issuance and must be replaced with a new permit prior to the expiration date. This permit must be in the possession of such person and must be readily available for inspection by the health officer. (Ord. 724 § 3, 1978; prior code § 13.22)

8.08.190 Health permit—Required for employment.

A. It shall be the duty of each manager, operator or owner of any food-handling establishment to employ only persons having a valid health permit.

B. Written approval from the county department of public health approving any person or issuing a permit to any person to work in a food-handling establishment shall be conclusive evidence to the city that this chapter has been fully complied with by the holder of such permit, letter or other written authority to operate as a food handler. (Ord. 724 § 1 (part), 1978; prior code § 13.23)

8.08.200 Unlawful practices—Order to abate by health officer—Emergency suspension of permit.

Where the health officer himself, or his medical deputy in charge, makes a written finding that the public health is endangered by some act, omission or condition regulated by this chapter, in connection with any premises or operation licensed under Sections 8.08.070 through 8.08.240, he may order the immediate cessation of such act, or abatement of such condition, or action to correct such condition, and may order the temporary emergency suspension of the permit applicable thereto and its removal from the person or premises and may post notice of such action in a conspicuous place. Such emergency suspension is in addition to and not limited by nor in derogation of any other authority or power which the health officer may have under present statutes or regulations. Such emergency suspension, as distinct from any other action authorized by law, is effective for a period of five days including the first day upon which the permit is suspended. Any activity during that period which is regulated by this chapter is unlawful. At the end of that period, or sooner, if a similar finding is made that the public health is no longer endangered, the permit becomes valid again, unless a hearing is ordered pursuant to Section 8.08.210. (Prior code § 13.24)

8.08.210 Unlawful practices—Temporary suspension of permit upon written complaint.

Where a written complaint is filed with or by the health officer that some applicable law or regulation is being violated by any person, premises, or operation required to be licensed under this chapter, he may order a hearing. After the hearing, he may suspend the permit for not more than ninety days, or until he is assured of compliance with applicable laws or regulations, whichever is less, and he may post notice of this action in a conspicuous place. At the end of the period, or when the health officer is satisfied of compliance, the permit becomes valid again. During that period any activity regulated by this chapter is unlawful. (Ord. 487 § 5, 1964: prior code § 13.25)

8.08.220 Unlawful practices—Revocation of permit.

A permit may be revoked and confiscated if it has been suspended once and violations of this chapter or other applicable laws or regulations or acts or omissions endangering the public health continue, and if the health officer or his medical deputy in charge makes a written finding that correction of the situation is impracticable and that the public health is endangered. The health officer may post notice of this action in a conspicuous place. (Ord. 487 § 6, 1964: prior code § 13.26)

8.08.230 Unlawful practices—Hearings—Generally.

In the case of hearings under Section 8.08.210, written notice shall be delivered to the person involved or in charge of the premises or operation at least forty-eight hours before the hearing. Other hearings shall be preceded by written notice, personally delivered or mailed to the person to whom the permit was issued at the latest address on file with the health officer not less than five nor more than fifteen days before the hearing date. The hearings shall be in the main office of the county health department, unless some other location is specified in the notice. The hearing shall be conducted by the health officer or his medical deputy in charge. Hearings may not be continued or postponed longer than ten days from the original date without the consent of the permittee. (Ord. 487 § 7, 1964: prior code § 13.27)

8.08.240 Unlawful practices—Hearings—Appeal procedure.

Appeals may be taken from the results of any hearing required under Sections 8.08.070 through 8.08.240 to the city council by a written notice of appeal stating fully the matters or action appealed from, and the grounds for the appeal, which must be filed with the city clerk within fifteen days of the action appealed from. The city council must then schedule the appeal for hearing within thirty days of the filing of the notice of appeal. (Prior code § 13.28)

8.08.250 Violation—Penalty.

Any violation of the provisions of this chapter is an infraction and shall be punishable as provided in Section 1.08.020. (Ord. 677 § 1 (part), 1975; prior code § 13.10)