Chapter 5.216 — FOOD HANDLING ESTABLISHMENTS

• A. Required; exceptions. It shall be unlawful for any person to operate any food handling establishment in which food is prepared, sold, processed or manufactured, or served for public consumption, without first applying for and receiving a food vending permit for such operation issued by the Health Department under the provisions of this chapter. Retail food production and marketing establishments shall not be subject to the provisions of this chapter.

• B. Applicability of section. The food handling establishments to which this section applies shall include, but not be limited to, any restaurant, itinerant restaurant, food vehicle, food vessel, bakery, food processing establishment and ice plant located in the city and any vending machine business operating vending machines in the city, regardless of the location of the facilities from which they are served.

• C. Application. Every applicant for a food vending permit shall file with the Health Department a written application, which shall state the name and address of the applicant, the location of the food handling establishment, the character of the establishment which is proposed to be conducted and such other information as the Health Department may require.

• D. Criteria for issuance—investigation by Health Department. No permit shall be granted, renewed or reinstated, unless the Health Department determines, upon making an investigation, that the food handling establishment for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist in the establishment which are, or which may be, unsafe, insanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public.

• E. Same—compliance with state and local laws, and the like. No permit shall be granted, renewed or reinstated unless the Health Department determines that the condition of the food handling establishment is in accordance with the requirements of all applicable provisions of the Cal. Health & Safety Code, of this chapter and of all rules and regulations promulgated under the sections below, and that such food handling establishments are capable of being operated in accordance with such laws and regulations.

• F. Expiration; posting. Permits may be granted at any time during the year, but all permits shall expire at the end of the calendar year. Each permit shall be posted in a conspicuous place on the food handling establishment or vehicle for which it is issued.

• (1961 Code, § 12B.11; Ord. 519)

• A. Prior to the construction, conversion or alteration of any food establishment, or construction or purchase of a model of vehicle not previously under permit to any person in the city, three (3) copies of the plans and specifications therefor shall be submitted to the Health Department. The Health Officer or his or her authorized deputy shall thereafter issue his or her certificate stating what modifications, if any, he or she deems required for compliance with applicable laws and ordinances.

• B. The Building Department of the city shall notify the Health Department when plans are received to build or remodel a food handling establishment for which a food vending permit is required. A building permit shall not be issued until the Health Department has approved the plans.

(1961 Code, §§ 12B.12 and 12B.13; Ord. 519)

• A. All food handling establishments for which a permit is required by this chapter shall be constructed, equipped, operated and maintained so as to comply with the pertinent sections of the Cal. Health & Safety Code. In addition, at least a single compartment janitorial sink with hot and cold running water, or other approved facilities, shall be provided for general clean-up purposes.

• B. A hand lavatory shall be provided in each food preparation and packaging area for employees.

(1961 Code, § 12B.14; Ord. 519)

A permit issued under this chapter may be suspended, under the procedure set forth in §§ 5.216.050 through 5.216.070, for any of the following reasons:

• A. Violation of state law.

• B. Violation of this chapter.

• C. Upon a recommendation for revocation of the permit, pending a hearing thereon. (1961 Code, § 12B.15; Ord. 519)

• A. When any of the aforesaid laws, this chapter or rules and regulations have been violated, an inspector may serve written notice thereof entitled “Notice of Violation,” specifying:

  1. The acts and conditions constituting each violation;

  2. The provision or provisions violated thereby;

  3. The corrective steps required;

  4. The date by which all such corrections must be completed, allowing a reasonable period therefor;

  5. That the permittee has a right to a hearing, upon request; and

  6. That if no hearing is requested, and if the Health Department does not receive notice that all such corrections have been made before 9:00 a.m. of the date named under paragraph D. of this section, or within fifteen (15) days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected.

• B. The permit holder shall have the right to a hearing on all violations listed in the notice. The permit shall, however, be suspended unless the Department receives from the permit holder, before 9:00 a.m. of the date specified under paragraph A.4. above, a written or oral request for a hearing or notice that all violations have been corrected as specified.

• C. The hearing shall be held by the Health Officer or his or her duly authorized representative who is a qualified sanitarian, but shall not be the inspector who reported the violations or who inspected any corrective measures taken.

• D. The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall:

  1. Suspend the permit until it is corrected; or

  2. Extend the time or modify the measures to be taken for correction before suspension; or

  3. Declare that the violation has been corrected so as to comply with the applicable law; or

  4. Declare that there was no violation.

(1961 Code, §§ 12B.16 and 12B.17; Ord. 519)

It shall be a violation of this chapter for any person to deny or hinder entry by any inspector for the purpose of inspecting any food handling establishments, or any portion thereof, and in such event, the inspector may forthwith suspend the food vending permit issued for the establishment. (1961 Code, § 12B.18; Ord. 519)

Whenever an inspector finds insanitary or other conditions in the operation of any food handling establishment which, in his or her judgment, constitute an immediate and substantial hazard to the public health, he or she shall issue a written notice to the permit holder or person in charge of the food handling establishment, stating that the permit is immediately suspended, and shall set forth the substance of the suspension as provided in § 5.216.050.A. Any person to whom such an order is issued shall immediately comply therewith; but, upon request made to the inspector who orders the suspension, or the Health Officer or his or her authorized representative, whether personally, by telephone or in writing, he or she shall be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request. (1961 Code, § 12B.19; Ord. 519)

When any permit is first suspended hereunder, or when any food handling establishment governed hereby shall have been closed for business and left in an insanitary condition, the Health Department shall have the power to enter to insure that the food handling establishment is closed down in a manner which will not endanger the public health. If the permittee or his or her employee in charge cannot be found, or is unwilling or unable to remedy the condition of the food handling establishment, the owner of the food handling establishment shall be notified of the insanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition.

(1961 Code, § 12B.20; Ord. 519)

The Health Officer may adopt and enforce rules and regulations necessary to administer this chapter, including regulations pertaining to:

• A. Forms for applications, permits and notices.

• B. Forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits.

• C. Inspections of food handling establishments and reporting thereon. (1961 Code, § 12B.21; Ord. 519)