Belmont Municipal Code Art. II Food Establishments

Footnotes:

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Editor's note— Ord. No. 600, § 1, adopted April 11, 1977, specifically amended the Code by revising Art. II to read as herein set out. Former Art. II, §§ 11-14—11-27, which pertained to the same subject matter, had been derived from Code 1961, §§ 12.1—12.14.

Cross reference— Licensing of food establishments, § 12-43.

(a) The term "food establishment" includes all "restaurants" as defined in Section 28522 of the California Health and Safety Code, all "itinerant restaurants" as defined in Section 28523 of the California Health and Safety Code, all "vehicles" as defined in Section 28524 of the California Health and Safety Code, all "vending machines" as defined in Section 28525 of the California Health and Safety Code, all "retail food production and marketing establishments" as defined by Section 28802 of the California Health and Safety Code, and all "bakeries" as defined by Section 28190 of the California Health and Safety Code.

(b) "Health Officer" means the director of public health and welfare of San Mateo County, or his duly authorized representative.

(c) The term "restaurant" shall have the same meaning as that defined in Section 28522 of the California Health and Safety Code.

(d) The term "retail food vehicle" includes all "vehicles" as defined in Section 28524 of the California Health and Safety Code, and all "itinerant restaurants" as defined in Section 28523 of the California Health and Safety Code.

(e) The term "vending machine" has the same meaning as that defined in Section 28525 of the California Health and Safety Code.

(Ord. No. 600, § 1, 4-11-77)

It shall be unlawful for any person to open, operate or engage in the business of operating either (a) a retail food production and marketing establishment in geographic areas in which the county health officer is responsible for enforcing state statutes, orders, quarantines, rules or regulations relating to public health; or (b) a restaurant, retail food vehicle, vending machine or bakery in unincorporated areas of the county, unless that person holds a valid permit issued by the county department of health and welfare.

(Ord. No. 600, § 1, 4-11-77)

(a) Any person desiring to open a food establishment shall apply in writing for a permit to the department of public health and welfare. He may not engage in business until his application has been accepted and a permit issued.

(b) Any person who is engaged in the operation of a food establishment at the time this chapter becomes effective shall apply for a permit in writing to the department of public health and welfare shall grant or deny each application within one hundred twenty (120) days after receipt of the application; hereafter, it shall be unlawful for any person to continue to operate such food establishment without having a permit as herein provided.

(Ord. No. 600, § 1, 4-11-77)

(a) If, after investigation, it is determined that the food establishment complies with the requirements of state laws and with the requirements of this chapter, a permit shall be issued by the department of public health and welfare.

(b) A permit may be revoked or suspended by the county health officer where he has determined that a violation of state law or a provision of this chapter exists, where he has given written notice to the permittee of said violation, and where said permittee has failed or neglected within a reasonable time after such notice to make the necessary corrections called for therein.

(c) Any permittee who feels aggrieved by an action of suspension or revocation of a permit by the county health officer is entitled to a hearing before the county hearing officer, and, the county health officer shall inform the permittee of this right. Upon receipt of a request for a hearing, the county hearing officer shall set the matter for hearing at the earliest practicable date, but in no event later than fourteen (14) days from the effective date of suspension or revocation. At said hearing, the county hearing officer shall consider the report of the health officer and any evidence presented by the permittee allegedly aggrieved. The county hearing officer may reject, affirm or modify the health officer's decision, which action shall be final.

(d) All permits issued under the provisions of this chapter must be posted on the premises on the business in a conspicuous place.

(e) Permits are not transferrable from one business or location to another, or from one person to another.

(Ord. No. 600, § 1, 4-11-77)

A permit may be revoked or suspended by the county health officer where he has determined that a violation of state law or a provision of this chapter exists, and has given written notice to the permittee of said violation and where said permittee has failed or neglected, within a reasonable time after such notice; to make the necessary corrections called for therein. Any permittee who feels aggrieved by an action of suspension or revocation of a permit by the county health officer is entitled to a hearing before the county hearing officer; and, the county health officer shall inform the permittee of this right. Upon receipt of a request for a hearing, the county hearing officer shall set the matter for hearing at the earliest practicable date, but in no event later than fourteen (14) days from the effective date of suspension or revocation. At said hearing, the county hearing officer shall consider the report of the health officer and any evidence presented by the permittee allegedly aggrieved. The county hearing officer may reject, affirm or modify the health officer's decision, which action shall be final.

(Ord. No. 600, § 1, 4-11-77)

Any person who conducts or engages in a business or activity as defined in section 11-14 of this chapter, which business or activity is within the geographical area under the jurisdiction of the county health officer, shall be liable to pay the environmental health inspection fee for that business or activity as set out in section 11-20 of this chapter. Said fee shall be payable annually and shall cover a period of one year from the date of payment, unless otherwise specified by the county health officer. If the public health division of the San Mateo County Public Health and Welfare Department charges any other fee for inspection or regulation of a business or activity covered by this chapter, credit for that fee shall be given and the inspection fees imposed hereunder shall be reduced by that amount.

(Ord. No. 600, § 1, 4-11-77)

(a) The following environmental health inspection fees shall be charged, (1) upon review of the plans for new business and activities listed hereinbelow, excluding however, vending machines, and (2) annually for inspection of the business and activities listed hereinbelow.

(b) During the first year in which this chapter is in effect, however, the business and activities listed hereinbelow shall be charged only fifty (50) per cent of the following inspection fees. In the second year and thereafter, the full fees shall be charged.

(1) Restaurant: .....

Temporary (1—15 days) .....$25.00

Catering commissaries .....50.00

Under 50 seats .....50.00

51—150 seats .....65.00

Over 150 seats .....90.00

(2) Retail food vehicle .....20.00

(3) Retail food production and marketing establishment: .....

Under 2,000 square feet (including liquor stores where food items are sold) .....30.00

2,000—6,000 square feet .....40.00

Over 6,000 square feet .....50.00

(4) Food processing establishment: .....

Under 2,000 square feet .....30.00

2,000—6,000 square feet .....40.00

Over 6,000 square feet .....50.00

(5) Bakery: .....

Under 2,000 square feet .....30.00

2,000—6,000 square feet .....40.00

Over 6,000 square feet .....50.00

(6) Confectionery .....15.00

(7) Vending machine .....2.00

(Ord. No. 600, § 1, 4-11-77)

Where a person engages in, conducts, manages, or carries on at the same time within the same structure more than one of the activities for which an inspection fee is charged by this chapter, he shall be liable to pay the full fee for the principal business or activity, as determined by the county health officer, but only fifty (50) per cent of the fee listed herein for any other food business or activity.

(Ord. No. 600, § 1, 4-11-77)

The following shall be exempt from payment of the fees imposed by this chapter:

(a) Any person or organization operating exclusively for an eleemosynary purpose any business or activity defined in Section 5522.2, where no person benefits through the distribution of profits or other compensation; or

(b) Any tax-supported institution.

(Ord. No. 600, § 1, 4-11-77)

If a fee is paid by a partnership which subsequently is changed by the addition or reduction or partners, credit for the payment of said fee may be given to the new partnership upon its application for such credit, accompanied by payment of a transfer fee of two dollars ($2.00) to the business administration division of the San Mateo County Department of Public Health and Welfare.

(Ord. No. 600, § 1, 4-11-77)

If any fee required by this chapter has not been paid by the due date, there shall be imposed a penalty equal to ten (10) per cent of said fee for each month of delinquency or part thereof. Where the county health officer determines that such delinquency has been caused by excusable neglect on the part of the person billed, or by mistake on the part of the department of public health and welfare, he shall waive any penalties.

(Ord. No. 600, § 1, 4-11-77)