Chapter 7.04
FOOD FACILITIES
Sections:
7.04.030 Permit application—Fees—Duration of permit.
7.04.040 Appeal of permit denial.
7.04.050 Sanitation requirements.
7.04.060 Suspension or revocation of permit period—Nonprofit food facility.
7.04.010 Legislative intent.
(A) The California Legislature has occupied the field of sanitation requirements and the regulation of restaurants, temporary food facilities, vending machines, produce stands, retail food production and marketing establishments, and other food facilities.
(B) The intent of this chapter is to exercise the authority given to the Santa Cruz County Health Officer by the California Retail Food Code, Part 7 of Division 104 of the California Health and Safety Code, commencing at Section 113700.
(C) It is the further intent of this chapter to regulate nonprofit food facilities selling or distributing food products at occasional events, as defined herein. The Board of Supervisors finds that the public health, safety and welfare mandates that food facilities operated by nonprofit groups at occasional events conform to sanitation requirements established by the Health Officer. [Ord. 5324 § 1, 2020; Ord. 3800 § 2, 1986].
7.04.015 Definitions.
(A) “Nonprofit food facility” means a place, premises or vehicle from which food products are processed, served, sold or distributed for human consumption on an occasional basis by a church, private club or other nonprofit association.
(B) “Occasional event” means an event which occurs more than one but not more than three days in any 90-day period. [Ord. 5324 § 1, 2020; Ord. 3800 § 2, 1986. Formerly 7.04.070].
7.04.020 Permit required.
(A) No person shall operate a food facility, as defined in California Health and Safety Code Section 113789, or a nonprofit food facility at an occasional event, as defined in this chapter, without a valid, unexpired permit issued by the Health Officer.
(B) No person shall operate a food facility, or a nonprofit food facility as defined in this chapter, in such a manner or under such circumstances as to create a public health hazard. [Ord. 5324 § 1, 2020; Ord. 3800 § 2, 1986].
7.04.030 Permit application—Fees—Duration of permit.
(A) Applications for, and renewal of, a food facility or nonprofit food facility permit shall be made on an approved form and shall include all information requested by the Health Officer, including building plans and specifications for the facility, and shall be accompanied by the required permit fee. Permit fees shall be established by resolution of the Board of Supervisors. Every permit issued under this chapter shall be valid for a period of one year or such other period as the Health Officer deems appropriate given the type of food facility and the circumstances of operation. Upon issuance, the permit shall be displayed in a prominent place in the food facility.
(B) Every permit shall be renewed within 30 days of expiration. No permit shall be renewed beyond 30 days of expiration unless accompanied by a penalty established by resolution of the Board of Supervisors. [Ord. 5324 § 1, 2020; Ord. 3800 § 2, 1986].
7.04.040 Appeal of permit denial.
The operator may appeal the denial of a permit by the Health Officer under this chapter to the Environmental Health Appeals Commission. The appeal shall be in writing, filed with the Clerk of the Board of Supervisors within 10 days of the date of the Health Officer’s written denial, and accompanied by an appeal fee as established by resolution of the Board of Supervisors. The appeal shall be conducted pursuant to the rules and regulations adopted by the Environmental Health Appeals Commission. [Ord. 5324 § 1, 2020; Ord. 3800 § 2, 1986].
7.04.050 Sanitation requirements.
The sanitation requirements for nonprofit food facilities holding occasional events shall be established by the Health Officer. Sanitation requirements for other food facilities are set forth in California Health and Safety Code Section 113700 et seq. [Ord. 5324 § 1, 2020; Ord. 3800 § 2, 1986].
7.04.060 Suspension or revocation of permit period—Nonprofit food facility.
If the permittee violates any of the provisions of this chapter, sanitation requirements established by the Health Officer, the terms and conditions of the food facility permit, or any other applicable law, ordinance or regulation, the Health Officer, after notification of the violation to the permittee, may temporarily suspend a nonprofit food facility permit until such time as the permittee corrects such violations. As an alternative to suspension, the Health Officer may summarily revoke the nonprofit food facility permit. [Ord. 5324 § 1, 2020; Ord. 3800 § 2, 1986].