Calexico Municipal Code Ch. 8.12 Food Establishments

A. It is unlawful for any person, firm or corporation to operate or conduct a restaurant or food establishment or to sell, offer for sale, distribute or have in possession for sale or distribution any food or drink intended for human consumption in the city unless he or it possesses a permit to do so from the health officer of the city.

B. No permit shall be required of any food processing plant, cannery, or other food establishment licensed by the California State Department of Health, by the Bureau of Meat Inspection of the California State Department of Agriculture, or by the Meat Inspection Division of the United States Department of Agriculture.

C. 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. 466 § 1 (part), 1955: prior code §§ 3601, 3609)

A. The owner, operator, or manager of any restaurant or food establishment existing on the effective date of the ordinance codified in this section shall, within thirty days following the effective date of the ordinance codified in this section, file with the health officer of the city an application seeking authority to continue to operate such restaurant or food establishment.

B. Such application shall be upon a form provided by the health officer and shall require the name of the owner or owners, manager or managers thereof, the location and such other information that the health officer may require for the administration of this chapter.

C. 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.

D. Existing businesses shall be exempt from the permit fee provided in Section 8.12.040.

(Ord. 466 § 1 (part), 1955: prior code § 3602)

Any person, firm or corporation intending to operate a restaurant or food establishment which is not in existence on the effective date of the ordinance codified in this section shall, before opening or operating such establishment, make application to the health officer of the city upon a form as prescribed by Section 8.12.020.

(Ord. 466 § 1 (part), 1955: prior code § 3602.1)

Every application for a permit required by Sections 8.12.010 through 8.12.100, except as provided in Section 8.12.020, 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.

(Ord. 466 § 1 (part), 1955: prior code § 3604)

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. 466 § 1 (part), 1955: prior code § 3603)

A. Notification. 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 purchases or otherwise acquires any such restaurant or food establishment in said area shall immediately notify the city health officer, his assistant or duly authorized representative as to the fact thereof.

B. New Permit Required. 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 8.12.010 through 8.12.100; provided, however, that the health officer may issue a new permit for any restaurant or food establishment upon change of location without fee, providing the owner or manager to whom the permit was issued remains the same; and provided further, that said change of location meets the provisions of this chapter and the laws of the state of California.

(Ord. 495 § 2, 1958: Ord. 466 § 1 (part), 1955: prior code § 3608)

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

(Ord. 466 § 1 (part), 1955: prior code § 3605)

A. Authority. If it is determined by the city 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 of California, the health officer may in his discretion immediately suspend and seize the permit issued to operate said restaurant or food establishment.

B. Correction of Violations. 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 chapter or of the laws of the state of California leading to such suspension and seizure, not to exceed thirty days, or such extension thereof as the health officer authorizes. If such corrections are not made within said period allowed, the health officer shall revoke the permit; provided, however, that when in the opinion of the city health officer any violation constitutes an immediate menace to public health, the health officer shall have the authority summarily to revoke the license and cause said establishment to be closed until such time as the health menace has been abated.

C. Suspension Notice. Whenever a permit has been suspended by the city 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 and shall be punishable as provided in this chapter.

(Ord. 495 § 1, 1958: Ord. 466 § 1 (part), 1955: prior code § 3606)

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. 466 § 1 (part), 1955: prior code § 3606.1)

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 8.12.030 and after having received a new permit to operate.

(Ord. 466 § 1 (part), 1955: prior code § 3607)

It is unlawful for any person, firm or corporation, or agent or employee of any person, firm or corporation, to sell, offer for sale, or distribute, or have in his or its possession for sale or distribution, any food which does not conform to the standards for production, distribution, preparation and sale of food as established in the Food Sanitation Act of the state of California, Statutes of 1907, Chapter 181, page 208, and the amendments thereto.

(Prior code § 3611)

The health officer and all deputies of the health officer are authorized to seize and destroy or denaturize any tainted, diseased, decayed or contaminated meat, fish, fruit, fowl, vegetables, dairy products, or other contaminated food found within the city limits.

(Prior code § 3612)

No food shall be exposed upon any street or sidewalks or upon any open vehicle except food in unbroken original packages, or fruit or vegetables whose whole rind or skin must be removed before eating.

(Prior code § 3621)

All milk, cream, cheese, butter and other dairy products, all meats and meat compounds, and seafood to be eaten without previous cooking, and all pastries, pies, cakes, custards, prepared salads and salad dressings, and all other perishable foods which are ordinarily eaten without cooking, and all bulk confections and candy, with the exception of uncooked fruits and vegetables, shall be kept within a flyproof refrigerator or glassed-in or screened-in showcase, or shall be kept covered at all times by a suitable flyproof cover except when actual sale is being made.

(Prior code § 3622)

All fruit and vegetables must be kept at least eighteen inches above the floor level at all times, or else be protected by a flyproof glass case.

(Prior code § 3623)

Vegetables, fruits or other products when delivered to establishments shall not be left upon the sidewalk any longer than is absolutely necessary to take them inside the establishment.

(Prior code § 3624)

A. All milk, cream, buttermilk, and fruit and vegetable juices shall be kept in the original container.

B. All milk, cream, buttermilk, ice cream, and all meats and fish, except smoked or preserved meats and fish, and uncanned fruit and vegetable juices shall be kept refrigerated at all times at temperatures not higher than fifty degrees Fahrenheit, except when actual sale is being made.

(Prior code § 3625)

All dishes, glassware and eating utensils used in the service of food or drink in any place where food is sold, offered for sale, or distributed shall be washed with soap and water and sterilized after each serving by the use of chlorine, or by boiling, or by the use of live steam.

(Prior code § 3631)

All equipment used in the preparation or serving of food shall be maintained at all times in a clean and sanitary condition.

(Prior code § 3632)

The use of chipped or cracked glassware, dishes, enamelware, pottery, secondhand cans (gunboats), etc., is strictly prohibited.

(Prior code § 3633)

A. No wooden sinks, or wooden sinks lined with metal, shall be used in any food establishment.

B. Specifications. All sinks shall be at least two-compartment, made of metal and with attached metal drainboards.

C. Water for Dishwashing. All sinks used for dishwashing in restaurants and eating establishments shall be supplied with hot and cold running water.

(Prior code §§ 3641—3643)

All meat markets, bars, and all other food producing or distributing establishments, shall be supplied with hot and cold running water.

(Prior code § 3644)

Refuse trays in all restaurants and eating establishments shall be made of metal or other impervious material. Drain pipes from such trays shall be of metal or other nonabsorbent material and shall be kept in a clean and sanitary manner.

(Prior code § 3645)

A. All food and eating establishments must have proper flytight metal garbage cans.

B. All garbage cans used inside in places where food is produced, sold, manufactured, prepared for sale or distribution shall be emptied daily and kept in a clean and sanitary manner.

(Prior code §§ 3651, 3652)

A. Precautions Required. All persons owning, operating or employed at any restaurant, hotel, store or place where food is kept, handled, or sold shall take all possible precautions to prevent the harboring, breeding and spread of rodents.

B. Ratproofing and Fly Control. All such premises shall be properly ratproofed and fly-controlled.

(Prior code §§ 3661, 3662)

No dogs, cats or parrots shall be kept or permitted in any establishment where foods mentioned in this chapter are kept, sold or dispensed. Guide dogs for the blind and dogs used by duly licensed private patrol service operators while acting within the scope of such employment are exempted from this section.

(Ord. 718 § 3, 1978: prior code § 3671)

The proprietor and employees of any food establishment shall submit to a physical examination whenever it is deemed necessary or advisable by the health officer or by any of his deputies.

(Prior code § 3682)

All persons employed or engaged in handling and selling food or food products, as defined in this chapter, shall wear clean, washable aprons, smocks or other outer clothing and shall be clean as to their person and method of handling food or food products.

(Prior code § 3681)

Conspicuous signs shall be posted requiring employees to comply with the provisions of California Health and Safety Code Section 28686.

(Ord. 718 § 4, 1978: prior code § 3696)

All establishments where food is prepared, handled, stored or sold shall be provided with adequate toilet facilities for each sex employed, conveniently located, but not opening directly into any room where food is prepared, handled, stored or sold.

(Prior code § 3691)

A. Floors and Drains. Toilet and lavatory floors shall be of concrete construction with floor drains connected to the city sewer system or other approved sewer system.

B. Finish of Walls and Ceilings. The walls and ceilings of all toilets and lavatories shall be plastered or covered with other nonabsorbent material and painted with a light-colored washable paint.

C. Light and Ventilation. Each toilet room and lavatory shall have adequate natural or artificial light and shall have adequate ventilation to the outside of the building.

D. Vent in Lieu of Window. In the event that an outside window cannot be provided for ventilation, a vent of at least ten inches in diameter or its equivalent shall be provided for each toilet room.

E. Doors. Toilet room doors shall be self-closing.

F. Cleaning of Toilet Facilities. Toilets and lavatories shall be cleaned at least once every twenty-four hours.

G. Running Water. Hot and cold running water shall be provided in each toilet room and lavatory.

H. Soap and Towels. Each lavatory and toilet shall be provided with either liquid or powdered soap and individual paper towels.

I. Use by Nonemployees. Toilet rooms and lavatories must be used by the employees only, except in emergencies.

(Prior code §§ 3692—3695, 3697—3699)

Retail food production and marketing establishments are exempted from the provisions of this chapter.

(Ord. 718 § 2, 1978: prior code § 3601)