Chapter 12.08
FOOD HANDLING ESTABLISHMENTS
Sections:
12.08.020 Certificate – Required.
12.08.030 Certificate – Conditions of issuance.
12.08.050 Suspension or revocation of certificate.
12.08.060 Personnel requirements after certification of establishment.
12.08.070 Penalties for violation.
12.08.010 Definitions.
For the purposes of this chapter:
A. “Employee” means any person working in a food establishment, whether with or without pay, who handles food during any phase of its storage, preparation, manufacture, distribution, serving, or display, or who comes in contact with food equipment, utensils, or machinery. The owner of a food establishment, if engaged in food handling, is subject to the same requirements as any other person so engaged.
B. “Food” means all articles used for human consumption as food, drink, confectionery, or condiment, whether simple or compound.
C. “Food establishment” means any building, room, stand, vehicle, enclosure, place, space, or area where any cooked or uncooked article of food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, distributed, served, or displayed excepting that private dwellings in which food is handled by and for only the occupants of those dwellings and their household guests are not included in this definition.
D. “Health Officer” means the Health Officer of Marin County, or his authorized representative.
E. “Person” means an individual, firm, corporation, partnership, club, association, or organization. [Ord. 607 § 1, 1962.]
12.08.020 Certificate – Required.
It is unlawful for any person to operate any food establishment within the incorporated area of Sausalito without a valid certificate issued by the County Health Officer or his authorized representative. Such certificate shall bear the date of expiration and shall be displayed prominently in the place of business for which it is issued. [Ord. 607 § 2, 1962.]
12.08.030 Certificate – Conditions of issuance.
No certificate to operate such place of business shall be issued until all of the provisions of this chapter and of the California Restaurant Act, and all rules and regulations of the State Board of Public Health, have been complied with. Further, no certificate to operate shall be issued until there is presented to the County Health Officer satisfactory evidence that each and every employee of the establishment has had, within the preceding 12 months, an appropriate test indicating freedom from tuberculosis in a communicable stage. Such test shall be a negative minifilm or other X-ray of the chest or a negative tuberculin skin test. If the test done to satisfy this requirement does not definitely indicate freedom from contagious tuberculosis and further medical investigation of the food handler is necessary in order to reach a definite conclusion, the food handler may, at the discretion of the Health Officer, continue to work pending completion of necessary medical studies, if, in the opinion of the Health Officer, no public health hazard will arise as a result of the individual’s continued employment as a food handler. If a food establishment has in its employ one or more persons who are being allowed by the Health Officer to continue to work pending completion of tests to determine the presence or absence of contagious tuberculosis, such establishment shall be issued a certificate that shall expire at a date determined by the Health Officer but not later than three months from date of issuance. When all employees of a food establishment have been proven free of tuberculosis in a communicable stage and all other requirements of this chapter have been met, a regular certificate to operate shall be issued that shall be valid for six months from date of issuance. If contagious tuberculosis is proven in any of the employees of a food establishment, such employees shall be immediately excluded from the food establishment; if such employees are not excluded, the certificate to operate shall be immediately suspended by the Health Officer for the protection of the public health. A certificate is not transferable upon change of ownership of a food establishment. [Ord. 607 § 2, 1962.]
12.08.040 Inspections.
Inspections under this chapter shall be based upon provisions of the California Restaurant Act and on rules and regulations of the State Board of Public Health and subsequent modification thereof. [Ord. 607 § 2, 1962.]
12.08.050 Suspension or revocation of certificate.
A certificate may be suspended by the Health Officer for violation of any provision of this chapter, but not until after the holder has been given an opportunity for a hearing before the Health Officer, except that a certificate shall be immediately suspended if employees with contagious tuberculosis or other communicable disease are not immediately excluded from the food establishment as ordered by the Health Officer. After the hearing a reasonable time shall be allowed by the Health Officer for correction of the violations. During that correctional period the certificate may be suspended, and the food establishment may be ordered closed during the suspension if the Health Officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with sanitary requirements is obtained at the end of the time allowed; if compliance is not obtained, the certificate shall then be revoked. [Ord. 607 § 2, 1962.]
12.08.060 Personnel requirements after certification of establishment.
After the issuance of any certificate under this chapter, and during the full life of such certificate, no person shall be employed in such food establishment except those whom the Health Officer shall have cleared or approved at the time of such certification, or other personnel who shall have been certificated or approved by him thereafter, but prior to commencing work. [Ord. 607 § 2.1, 1962.]
12.08.070 Penalties for violation.
Any person who operates a food establishment within the incorporated area of Sausalito without a valid certificate from the County Health Officer is guilty of a misdemeanor. Each offense may be punished by a fine of not less than $25.00 nor more than $500.00, or by imprisonment in the County Jail for a term not to exceed six months, or by both such fine and imprisonment. [Ord. 607 § 3, 1962.]