Butte County Municipal Code Ch. 18A Public Health Permit

Footnotes:

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Editor's note— Ord. No. 4080, § 1, adopted May 6, 2014, amended ch. 18A, §§ 18A-1—18A-19, in its entirety, to read as set out herein. Former ch. 18A pertained to similar subject matter and was derived from Ord. No. 2265, § 1, adopted January 26, 1982; Ord. No. 2491, § 1, adopted October 1, 1985 and Ord. No. 2707-G, §§ 1, 2, adopted September 20, 1988.

This chapter may be known and may be cited and referred to as the Public Health Permit Ordinance of the County of Butte.

(Ord. No. 4080, § 1, 5-6-14)

This chapter is enacted pursuant to authority conferred by sections 113713 and 113715 of the Health and Safety Code of the State of California.

(Ord. No. 4080, § 1, 5-6-14)

The board of supervisors of the County of Butte hereby determines, pursuant to section 101325 of the Health and Safety Code of the State of California, that the expenses of the Enforcement Agency of this County incurred in the enforcement of statutes, orders, quarantines, rules or regulations prescribed by state officers or departments relating to the public health, which either require or authorize the Enforcement Agency of this County to perform specified acts, are not met by any fees prescribed by the state.

(Ord. No. 4080, § 1, 5-6-14)

It is the purpose of this chapter to authorize the prescription of such fees as will pay the reasonable expenses of the Enforcement Agency incurred in such enforcement as to the establishments, businesses or activities for which a public health permit is required by this chapter.

(Ord. No. 4080, § 1, 5-6-14)

The provisions of this chapter shall apply within any city in the County when the governing board thereof consents to County health administration for that city pursuant to section 101375 of the Health and Safety Code of the State of California; and the schedule of fees authorized by this chapter shall be applicable in the area in which the Enforcement Agency of this County enforces any statute, order, quarantine, rule or regulation prescribed by a state health officer or department relating to public health.

(Ord. No. 4080, § 1, 5-6-14)

For the purpose of this chapter, unless the provisions or the context indicates otherwise, the terms and words used herein shall have the meanings set forth in the provisions of the California Retail Food Code, set forth in California Health and Safety section 113700 et seq.

(Ord. No. 4080, § 1, 5-6-14)

No person shall operate or maintain any of the following establishments, businesses or activities without a valid public health permit to do so issued by the Enforcement Agency:

(a) Food establishment;

(b) Food facilities;

(c) Temporary food facilities;

(d) Produce stands;

(e) Certified farmers market;

(f) Mobile food preparation unit;

(g) Satellite food distribution facilities;

(h) Vending machine;

(i) Food vehicle.

(Ord. No. 4080, § 1, 5-6-14)

Any person required to apply for and obtain a permit under the provisions of this chapter shall complete and submit to the Enforcement Agency an application for such permit on forms provided for that purpose by the Enforcement Agency, together with all required fees and plans. The applicant may not engage in the business or activity applied for until the permit has been issued.

(Ord. No. 4080, § 1, 5-6-14)

If the Enforcement Agency finds that the applicant is in compliance with the standards specified by this chapter and by the applicable state laws and regulations, the Enforcement Agency shall issue the public health permit. If the Enforcement Agency finds that the applicant has not complied with the standards specified by this chapter and by the applicable state laws and regulations, the Enforcement Agency shall deny the permit.

(Ord. No. 4080, § 1, 5-6-14)

The building department having jurisdiction over the area where the proposed establishment listed in Section 18A-7 will be located shall notify the Enforcement Agency when plans to build or remodel such an establishment are received. A building permit shall not be issued until the Enforcement Agency has approved the plans. The plans shall be approved or rejected within twenty (20) working days after receipt by the Enforcement Agency, and the applicant shall be notified of such decision.

(Ord. No. 4080, § 1, 5-6-14)

Each application shall be accompanied by the fees prescribed by ordinance of the board of supervisors. No public health permit shall be granted or renewed unless the applicant pays said fees. Said fees shall in no event exceed the actual cost to the County to conduct the services required to satisfy the requirements of this chapter for issuance of public health permits.

(Ord. No. 4080, § 1, 5-6-14)

Cross reference— Fees for services rendered by public health department, Ch. 43

The term of a public health permit, other than a permit issued for a limited term, shall begin with its issuance and, unless sooner suspended or revoked, continue through December 31 of the year for which the permit was issued.

(Ord. No. 4080, § 1, 5-6-14)

Each permit shall be renewed upon payment of the fee prescribed in accordance with Section 18A-11, unless sooner suspended or revoked. The renewal fee is due and owing the County of Butte at the offices of the public health department by December 31.

(Ord. No. 4080, § 1, 5-6-14)

If the renewal fee is not paid prior to January 31, in addition to such fee, the applicant shall pay a late charge equal to ten (10) percent of the fee, if the fee and the late charge are paid prior to February 28. Fees paid after February 28 shall pay a late charge equal to fifty (50) percent of the renewal fee in addition to the renewal fee.

(Ord. No. 4080, § 1, 5-6-14)

Any person who is engaged in the operation or maintenance of an establishment, business or activity listed in Section 18A-7 at the time this chapter becomes effective shall apply for a permit on a form provided by the Enforcement Agency within sixty (60) days following the effective date of this chapter. The Enforcement Agency shall grant or deny each such application within one hundred twenty (120) days after receipt of the application. Thereafter, it shall be unlawful for any person to continue to operate such establishment, business or activity without having a permit as provided in this chapter. Notwithstanding the provision of Section 18A-11 for prorating fees, all permits issued under this section shall not be prorated.

(Ord. No. 4080, § 1, 5-6-14)

Any person who is engaged in such prior operation as is described in Section 18-15, and who cannot, within one hundred twenty (120) days, meet all the provisions of this chapter and of applicable state laws and regulations, may be issued a permit by the Enforcement Agency under the provisions of this chapter with specific conditions to be met and terms by which such conditions shall be met in order to bring said operation into compliance. The permittee shall be given written notice in clear and concise language of the conditions and terms of his permit. The listing of any deficiencies as conditions of a permit, or the issuing of a permit without conditions, shall not preclude the requirement of correction by the permittee of any deficiencies which may be discovered subsequently.

(Ord. No. 4080, § 1, 5-6-14)

Public health permits issued under the provisions of this chapter shall not be transferred, assigned or set over by the permittee to any other person or entity. All public health permits shall refer to and be limited to the establishment, business or activity applied for. If such establishment, business or activity is conducted upon a particular site, location or address, such permit shall not be transferable to any other site, location or address. The permittee shall notify the Enforcement Agency before any change in ownership is to be made or any change, alteration or modification is made in the operation, the equipment or the building of any such establishment, business or activity.

(Ord. No. 4080, § 1, 5-6-14)

All public health permits shall be posted on the premises of the establishment, business or activity in a conspicuous place in public view.

(Ord. No. 4080, § 1, 5-6-14)

(a) Any permit holder who violates a provision of the Retail Food Code (California Health and Safety Code section 113700 et seq.), or any provision of this chapter, or Chapter 18B, may have his or her public health permit suspended or revoked by the Enforcement Agency in accordance with the procedure set forth in the Retail Food Code.

(b) Any permit holder who operates or maintains an establishment, business or activity listed in Section 18A-7 without a permit, or with a permit that has been suspended or revoked, may be charged with an infraction punishable by imposition of the following fines:

1. Upon a first conviction, a fine of one hundred dollars ($100.00);

2. Upon a second conviction of violating Section 18A-7 within the twelve (12) month period immediately preceding the commission of the current violation, a fine of two hundred dollars ($200.00);

3. Upon a third conviction of violating Section 18A-7 within a twelve (12) month period immediately preceding the commission of the current violation, a fine of five hundred dollars ($500.00).

(c) Each and every day or portion thereof that a permit holder continues to operate or maintain an establishment, business or activity without a permit shall constitute a separate offense and may be charged and punished separately without awaiting conviction of any prior violation.

(d) Any violation which may be otherwise charged and punishable as an infraction pursuant to subsection (a) may be charged and punishable as a misdemeanor if the defendant has been convicted of three (3) or more violations within the previous twelve (12) month period.

(e) Any establishment, business or activity listed in Section 18A-7 that operates in violation of the provisions of this chapter is hereby determined to constitute a public nuisance, and may be abated in any manner provided for by law.

(Ord. No. 4080, § 1, 5-6-14)