CHAPTER 6
RESTAURANTS
ARTICLE 2. RESTROOM FACILITIES
SECTION:
§2603.1: Purpose And Authority
§2603.3: Hand Washing And Toilet Facilities
§2603.6: Application Of Chapter
§2603.1 PURPOSE AND AUTHORITY
The ordinance codified in this Chapter is enacted pursuant to Section 27503 of the Health and Safety Code of the State of California for the purpose of protecting the public health, and regulating certain kinds of business transacted and carried on in the City. (Ord. 896, §2, adopted 1989)
§2603.2 DEFINITIONS
For the purpose of this Chapter, the following definitions apply:
A. "Restaurant" means any food establishment issued a permit to operate as a restaurant by the Health Department of the City or an agency designated as such by the City Council.
B. "Temporary food facility" means a stand, booth, or other structure capable of being assembled in a few hours or less and established to provide food on a temporary basis for a special event or occasion with the prior approval of the City.
C. "Mobile food preparation unit" means a portable device set up for a special event or occasion with the prior approval of the City in which food can be washed, prepared, cooked or served.
D. "Food vehicle" means a truck, car, cart on wheels or other vehicle modified to dispense food and operated with the prior approval of the City.
E. "Food preparation area" means any room, space or portion of a restaurant in which food is stored, prepared for ultimate consumption by patrons, cooked or treated. (Ord. 896, §2, adopted 1989)
§2603.3 HAND WASHING AND TOILET FACILITIES
All restaurants that provide sit down eating on premises or food service to vehicles parked on premises and which do not come within the definition of a temporary food facility, mobile food preparation unit or food vehicle shall install and make available at least one hand washing and toilet facility for patrons. Access to such facility shall be separate and apart from food preparation areas. (Ord. 896, §2, adopted 1989)
§2603.4 ENFORCEMENT
No restaurant shall be issued the certificate required by §§2600-2602 of this Code unless it complies with the provisions of this Chapter. Any restaurant that does not comply with the provisions of this Chapter is hereby declared a public nuisance and a civil action may be brought to temporarily or permanently enjoin the violation of this Chapter. The City shall be entitled to recover from the defendant its attorneys’ fees, expert witness fees and other litigation expenses if it prevails in any civil action to enforce the provisions of this Chapter. (Ord. 896, §2, adopted 1989)
§2603.5 PENALTY
Failure to comply with the provisions of this Chapter shall be a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000.00) or by imprisonment in the County jail for not more that six (6) months, or both such fine and imprisonment. (Ord. 896, §2, adopted 1989)
§2603.6 APPLICATION OF CHAPTER
A. The requirements of this Chapter shall not apply to any restaurant already constructed or for which a building permit has been issued before the effective date of this Chapter.
B. This Chapter shall apply to any restaurant other than those specified in subsection A that was not in existence prior to the effective date of this ordinance and to any existing restaurant for which a building permit is issued after the effective date of this ordinance, if the value of the permit is equal to or greater than fifty percent (50%) of the value of the existing improvements. (Ord. 896, §2, adopted 1989)