Chapter 8.04
FOOD SERVICE HEALTH REGULATIONS
Sections:
8.04.010 Adoption of state regulations.
8.04.040 Permit – Revocation – Appeal.
8.04.050 Repealed.
8.04.060 Repealed.
8.04.070 Permit – Nontransferable.
8.04.110 Minimum performance standards.
8.04.130 Permit suspensions, revocations and enforcement.
8.04.010 Adoption of state regulations.
Chapter 246-15 WAC, Food Service Rules and Regulations of the State Board of Health, as presently constituted and hereafter amended, is hereby adopted by reference. (Ord. 8-2005 § 1; Res. 197-1979. Formerly 8.08.010)
8.04.020 Permit – Required.
No person, firm or corporation may operate any food-handling establishment without having first obtained from San Juan County health and community services, in such form as the department may require, a permit to operate such establishment. Such permit shall be conspicuously displayed at all times upon the premises. Said permit shall be valid from February 1st through January 31st, unless sooner revoked as provided in this chapter. Every permit shall expire as stated in the permit, and it may be suspended for cause by the health officer. Applications for renewal of permits shall be submitted to the health officer 30 days prior to the permit expiration date. (Ord. 8-2005 § 2; Res. 197-1979. Formerly 8.08.020)
8.04.030 Permit – Fee.
Any individual person, firm or corporation desiring to operate a food-handling establishment in the County shall first apply for and obtain from San Juan County health and community services a permit to operate such food-handling establishment as provided in this chapter. An application for a permit shall be accompanied by a fee in an amount to be established by the San Juan County board of health. (Ord. 8-2005 § 3; Res. 197-1979. Formerly 8.08.030)
8.04.040 Permit – Revocation – Appeal.
San Juan County health and community services has the authority to revoke any permit for the operation of a food-handling establishment for violation of the rules and regulations set forth in this chapter. The food-handling establishment involved in such revocation shall cease operation until the rules and regulations provided under this chapter have been complied with and the revocation canceled by San Juan County health and community services. Appeal of any revocation shall be made to the County health officer who shall conduct a hearing as provided in this chapter. Further appeal may be made to the San Juan County board of health. (Ord. 8-2005 § 4; Res. 197-1979. Formerly 8.08.040)
8.04.050 Permit – Hearings.
Repealed by Ord. 17-2007. (Ord. 8-2005 § 5; Res. 197-1979. Formerly 8.08.050)
8.04.060 Permit – Denial of application – Appeal.
Repealed by Ord. 17-2007. (Ord. 8-2005 § 6; Res. 197-1979. Formerly 8.08.060)
8.04.070 Permit – Nontransferable.
Permits shall be nontransferable in ownership or location of operation. New owners of existing permitted establishments must submit a change of ownership application and pay the appropriate fee. (Ord. 8-2005 § 7; Res. 197-1979. Formerly 8.08.070)
8.04.080 Violation – Penalty.
Any person, firm or corporation who violates or fails to comply with any of the provisions of this chapter or who conceals, aids or abets any such violation or failure to comply shall be guilty of a misdemeanor and punished by a fine of not more than $500.00 or by imprisonment of not more than 90 days, or by both such fine and imprisonment. (Res. 197-1979. Formerly 8.08.080)
8.04.090 List of appendices.
The following appendices contain standards used by the department in implementing and enforcing this code. Copies of all appendices will be kept on file at the department. Appendix A may be modified by the San Juan County health officer. Appendices B and C are revised by the State Department of Health.*
A. San Juan County Health and Community Services Food Program Plan.
B. Washington State Retail Food Code Working Document.
C. Code Clarifications – Washington State Department of Health. (Ord. 8-2005 § 8; Res. 78-2005)
* Code reviser’s note: Res. 78-2005 adopts Appendices A, B and C.
8.04.100 Severability.
If any section, sentence, clause or phrase of this chapter should be held invalid, the invalidity thereof shall not affect the validity of any other section, sentence, clause, or phrase of this chapter. (Ord. 8-2005 § 9)
8.04.110 Minimum performance standards.
This chapter is based on the regulations set out in Chapter 246-215 WAC and the Washington State Retail Food Code Working Document. Definitions used in those documents shall be applicable to this chapter. (Ord. 17-2007 § 1)
8.04.120 Exemptions.
Exemptions from the requirement for a permit for the operation of a food establishment may be granted by the health officer based on the criteria set out in WAC 246-215-191. (Ord. 17-2007 § 2)
8.04.130 Permit suspensions, revocations and enforcement.
A. The health officer may suspend any permit to operate a food establishment according to the criteria set out in WAC 246-215-200(2) through (5).
B. The health officer may revoke a food establishment permit following the procedures set out in WAC 246-215-200(7) through (9).
C. The health officer may enforce the provisions of this chapter by the methods set out in WAC 246-215-200(11). (Ord. 17-2007 § 3)
8.04.140 Variances.
The health officer may grant a variance to the requirements of this chapter based on the criteria set out in Section 8-103 of the Washington State Retail Food Code Working Document. (Ord. 17-2007 § 4)
8.04.150 Appeals.
Decisions by the health officer may be appealed to the hearing examiner using the process set out in Chapter 8.22 SJCC. (Ord. 7-2011 § 1; Ord. 17-2007 § 5)