Bishop Municipal Code Ch. 8.04 Food Regulations

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

A. Bakery means any room, building, premises or place which is used or operated for commercial baking, preparing, manufacturing, processing or packaging of bakery products. The term "bakery" includes all rooms of a bakery in which bakery products or ingredients are stored or handled.

B. Employee means any person working in a food establishment covered by this chapter.

C. Establishment means any restaurant, itinerant restaurant, retail food production or marketing, bakery or any other place in the city where food or beverage are prepared or displayed for sale.

D. Food handling establishment means any room, building, place or portion thereof maintained, used or operated as a retail food production and marketing establishment, restaurant, itinerant restaurant, bakery or any other type of establishment which sells, stores or handles food.

E. Health officer means the health officer of the county health department, or the officer's duly authorized representative.

F. Itinerant restaurant means any restaurant operation from temporary facilities, serving, offering for sale, selling or giving away food or beverage, and includes, but is not limited to, a restaurant where only wrapped sandwiches or other wrapped and packaged, ready-to-eat foods are served, and any mobile unit on which food is prepared and/or served.

G. Permit means the county public health permit.

H. Person means any individual, partnership, firm or corporation.

I. Restaurant means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment and any other eating establishment, organization, club, including veterans' club, boardinghouse, guest house or political subdivision, which gives, sells or offers for sale, food to the public, guests, patrons or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions.

J. Retail food production and marketing establishment means any room, building or place, or portion thereof, maintained and use, or operated for, or in conjunction with, the retail sale of food or preparation of food. This includes grocery stores, meat markets, delicatessens, confectioneries, liquor stores or any other type of establishment which sells, stores or handles food.

(Prior Code, § 9A-1; Code 1985, § 8.04.010)

It is the intent of this chapter to establish procedures to regulate food handling establishments pursuant to the state Health and Safety Code, which includes the California Restaurant Act, Retail Food Production and Marketing Establishments Law, Bakery Sanitation Law and all other applicable laws.

(Prior Code, § 9A-2; Code 1985, § 8.04.020)

A. It is unlawful for any person to do any of the acts described in subsections A.1 and 2 of this section without written authorization as required in section 8.04.040. It is further unlawful to do any of the acts listed in subsection A.3 of this section without holding a valid permit issued pursuant to this chapter:

1. Construct any establishment requiring a permit pursuant to this chapter;

2. Construct any additions to or engage in any major remodeling of any establishment subject to a permit under this chapter;

3. Own, operate or occupy an establishment requiring a permit by the provisions of this chapter conducting any of the following activities:

a. Bakery;

b. Retail food establishment;

c. Restaurant;

d. Itinerant restaurant;

e. Any establishment which prepares, sells, stores or handles food.

B. Notwithstanding the foregoing, retail foods establishments, as that term is defined in Health and Safety Code § 113700 et seq., are exempt from the permit requirements established herein.

(Prior Code, § 9A-3; Code 1985, § 8.04.030; Ord. No. 430, § 17, 1985)

Any person constructing or engaging in major remodeling or an establishment covered under this chapter shall first obtain written authorization for such construction from the county health officer.

(Prior Code, § 9A-4(a); Code 1985, § 8.04.040)

Any person or entity intending to operate any establishment covered by this chapter shall, before opening or operating such an establishment, make application to the health officer upon a form provided by such health officer. The application form approved by the health officer shall secure such information as is necessary for the city administration of this chapter. Following receipt of the application by the health officer, the health officer shall, within seven days, make or cause to be made an inspection of the premises, and if the provisions of all local and state laws and regulations have been complied with, the officer shall so certify that fact to the applicant and issue and permit to operate upon a form approved by the health officer.

(Prior Code, § 9A-4(b)(2); Code 1985, § 8.04.060)

Permits to operate shall be issued annually by the health officer and cover the period of one year from the date of issuance.

(Prior Code, § 9A-5(a); Code 1985, § 8.04.070)

Permits to operate shall be posted in a conspicuous place in the establishment.

(Prior Code, § 9A-5(b); Code 1985, § 8.04.080)

Every permit issued under this chapter shall bear on its face as "effective date" the date upon which the permit shall become effective.

(Prior Code, § 9A-5(c); Code 1985, § 8.04.090)

If a person engages in, conducts, manages or carries on at the same time more than one of the activities specified in section 8.04.030 for which a public health permit is required by this chapter, a separate permit shall be procured for each activity, whether located on the same premises or not.

(Prior Code, § 9A-5(d); Code 1985, § 8.04.100)

Any permit issued under this chapter is not transferable from one person to another person, or from one location to another.

(Prior Code, § 9A-5(e); Code 1985, § 8.04.110)

A permit to operate will not be required for:

A. Wholesale food distribution and storage establishments;

B. Hospitals;

C. Nonprofit associations.

(Prior Code, § 9A-6; Code 1985, § 8.04.120)

If it is determined by the health officer following an investigation or inspection of any place of business required by the provisions of this chapter to have a permit, that the permitted premises is not in compliance with local or state laws and regulations promulgated thereunder, particularly the health and safety laws and regulations, the health officer shall cause to give notice of intent to revoke the permit issued for the premises and such permit shall be revoked effective on the 15th day at 12:00 midnight, after the date the notice is delivered to the owner or operator of such premises. If the owner or operator of the permitted premises cannot reasonably be located, then the health officer may leave a copy of the notice of intent to revoke with the person in charge of the premises or any other employee located at the premises. Such notice of intent to revoke shall set forth in clear and concise language the acts, admissions or violations with which the permittee is charged and inform the owner or operator of their right to a hearing. This revocation procedure shall not be construed to prevent the health officer from effecting any immediate closure of a permitted premises where there exists an immediate health hazard.

(Prior Code, § 9A-7; Code 1985, § 8.04.130)

The owner, operator or manager of any place of business required under this chapter to have a permit, in which the permit to operate has been revoked, shall be required to completely correct the condition upon which the health officer based the officer's reason for revoking the permit and shall be required to make a new application for permit as provided in section 8.04.060. Such application shall include a statement signed by the operator that the condition complained of by the health officer has been completely corrected.

(Prior Code, § 9A-8; Code 1985, § 8.04.140)

At any time within the 15-day period after the delivery of the notice of intent to revoke, or within 15 days after a denial of a permit, the permittee or applicant may request a hearing before the health officer to show cause why its permit should not be revoked or should not have been denied. In the case of a notice of intent to revoke a permit, the hearing shall be set not more than 15 days from the date of the request by the permittee for a hearing and the revocation of the permit shall be stayed until the conclusion of the hearing. A failure to request a hearing within 15 days shall be deemed a waiver of right to such a hearing. The health officer may call a hearing to investigate any violations that are applicable.

(Prior Code, § 9A-9; Code 1985, § 8.04.150)

The health officer may develop rules and regulations for the purpose of administering this chapter.

(Prior Code, § 9A-10; Code 1985, § 8.04.160)

It is the responsibility of the county health officer to administer and enforce provisions of this chapter.

(Prior Code, § 9A-11; Code 1985, § 8.04.170)

A. Such permit fees as shall be set by resolution of the county board of supervisors shall apply in the city. Every applicant, except any state or local governmental agency, applying for a permit either for an existing establishment or a new establishment or for renewal of a permit previously revoked or an expired permit under the provisions of this chapter, shall at the time of making the application pay a permit and inspection fee in accordance with the schedule of fees adopted by resolution of the board of supervisors.

B. A 50 percent penalty shall be added to each of the foregoing fees for failure to pay the yearly renewal fee 30 days after date of expiration of permit.

C. A request for a duplicate permit to operate shall be made in writing to the county health department within ten days after the destruction, loss or defacement of a permit to operate. A fee of $2.00 shall be paid for issuing a duplicate permit to operate.

D. The foregoing fees shall be paid to the county health department who shall deposit the fees with the county treasurer. All such fees shall be credited to the county general fund.

(Prior Code, § 9A-12; Code 1985, § 8.04.180)

A. It is a misdemeanor to operate without a valid permit. Each day of operation without such a permit is a separate violation.

B. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $1,000.00 or by imprisonment in the county jail for not more than six months, or by both such penalties.

(Prior Code, § 9A-13; Code 1985, § 8.04.190)