Brawley Municipal Code Art. II Permit for Food Establishments

8. For state law authorizing cities to require a local health permit to operate restaurants, see H. & S. C. A., §28663.

It shall be unlawful for any person to operate or conduct a restaurant or food establishment or to sell, offer for sale, distribute or have in his possession for sale or distribution any food or drink intended for human consumption in the city unless he possesses a permit to do so from the health officer. No permit shall be required of any food processing plant, cannery or food establishment licensed by the state department of health, by the bureau of meat inspection of the state department of agriculture or by the meat inspection division of the United States Department of Agriculture.

(Ord. No. 450, Art. II, §1.)

Any person intending to operate a restaurant or food establishment in the city shall file with the health officer an application seeking authority to continue to operate such restaurant or food establishment. Such application shall be upon a form provided by the health officer and shall require the name of the owner, manager, the location and such other information that the health officer may require for the administration of this chapter. The application shall further require a signed statement that such applicant will observe the provisions of this chapter and will within a reasonable time, not exceeding one hundred twenty days, make any and all changes in construction and operations which are required by this chapter.

(Ord. No. 450, Art. II, §§2, 3.)

Following receipt of the application by the health officer, he shall make or cause to be made an inspection of the premises of the applicant and if the provisions of this chapter and all other applicable state and county laws have been complied with by the applicant, the health officer shall certify that fact to the applicant and issue to him a permit to operate.

(Ord. No. 450, Art. II, §4.)

Every applicant for a permit required by this article shall be accompanied by a fee of ten dollars to cover the costs of inspection of the applicant's premises. No permit to operate shall be issued until this fee is paid. This fee is to be paid to and retained by the health officer.

(Ord. No. 450, Art. II, §5.)

Every permit required by this article shall at all times be displayed in a conspicuous place on the premises of the applicant to whom it was issued.

(Ord. No. 450, Art. II, §6.)

If it is determined by the health officer, following any investigation or inspection of a restaurant or food establishment, that the operator, owner or manager thereof has not complied with the provisions of this chapter or with the laws of the state, the health officer may in his discretion immediately suspend and seize the permit issued to operate the restaurant or food establishment.

Any owner, operator or manager of a restaurant or food establishment whose permit has been suspended and seized shall have a reasonable time within which to correct the violations of this article or of the laws of the state leading to such suspension and seizure, not to exceed thirty days, or such extension thereof as the health officer shall authorize. If such corrections are not made within such period allowed, the health officer shall revoke the permit; provided, however, that when in the opinion of the health officer any violation constitutes an immediate menace to public health, such health officer shall have the authority summarily to revoke such license and cause the establishment to be closed until such time as such health menace has been abated. Whenever a permit has been suspended by the health officer a notice of such suspension shall be displayed in a conspicuous place on the premises of the restaurant or food establishment where the suspension occurred. Any removal, alteration or defacement of such suspension notice shall constitute a misdemeanor.

(Ord. No. 450, Art. II, §7; Ord. No. 480, §1.)

Before a suspended permit shall be reinstated, the owner, operator or manager of any restaurant or food establishment for which the permit to operate has been suspended shall be required to correct the conditions which caused the health officer to suspend the permit. Upon such corrections, the permit to operate shall be returned at no additional cost to the permittee.

(Ord. No. 450, Art. II, §8.)

In case a permit has been revoked, it shall not be reinstated and the owner, operator or manager of a restaurant or food establishment whose permit has been revoked shall forthwith cease to operate such restaurant or food establishment and shall only be entitled to commence such operation after making a new application as provided for in section 14.7 of this Code and after having received a new permit to operate.

(Ord. No. 450, Art. II, §9.)

Every person who sells, exchanges, gives away, abandons or discontinues any restaurant or food establishment within the city or who moves to a new location within such area, and every person who shall purchase or otherwise acquire any such restaurant or food establishment in such area, shall immediately notify the health officer, his assistant or duly authorized representative, as to the fact thereof. Such restaurant or food establishment shall be prohibited from operating after such sale, exchange, abandonment, discontinuance, change of location or purchase until a new permit has been applied for and issued pursuant to the provisions of sections 14.6 and 14.8 of this Code; provided, however, that the health officer may issue a new permit for any restaurant or food establishment upon change of location without fee if the owner or manager to whom the permit was issued remains the same and if such change of location meets the provisions of this chapter and the laws of the state.

(Ord. No. 450, Art. II, §10; Ord. No. 480, §2.)

The presence in or about the place of business of any person dealing in food, or in or about any vehicle used by any such person for the delivery of food, shall be prima facie evidence of intent on the part of such person to sell the same and the fact that he is holding or offering the same for sale.

(Ord. No. 450, Art. II, §11.)