Camarillo Municipal Code Ch. 9.20 Public Health Permits and Enforcement

The purposes of this chapter are to establish a permit system for activities subject to state statutes, orders, quarantines, rules or regulations and city ordinances relating to environmental health; and to provide for the collection of fees necessary to pay reasonable expenses resulting from the enforcement thereof as authorized by Sections 480, 481,482 and 1155.6(d) of the California Health and Safety Code.

(Ord. 389 § 1 (part), 1978.)

Pursuant to the provisions of Health and Safety Code Sections 476, 477 and 1155.6, the director of environmental health of the county is directed to enforce and observe in the city all orders, quarantine regulations and rules prescribed by the State Department of Public Health, all other rules and regulations issued under the provisions of the Health and Safety Code, the provisions of this chapter and all statutes now or hereafter enacted relating to environmental health and sanitation services.

(Ord. 389 § 1 (part), 1978.)

For the purposes of this chapter, certain words and phrases should be construed as set forth in this section unless it is apparent that a different meaning is intended:

A. "Bakery," "organized camp," "retail food production and marketing establishment," "public water system," "itinerant restaurant," "restaurant," "vending machine location," "ice plant," "self-contained ice plant," "ice distributor," and "ice distribution vehicle" have the meanings assigned for each in the California Health and Safety Code.

B. "Commissary" means any food processing establishment as defined in Section 28280.1 of the California Health and Safety Code which purveys food exclusively for sales or distribution from vehicles required to have a permit under the provisions of this chapter.

C. "Director," as used in this chapter, means the director of environmental health of the county and his duly authorized agents.

D. "Food vehicle" means any vehicle from which packaged, perishable foods are sold or otherwise offered to the public.

E. "Food vendor" means any person who sells or distributes food to the public by means other than those defined in this section.

F. "Frozen food vehicle" means any vehicle upon which predominantly frozen foods are sold or otherwise offered to the public.

G. "Mobile food preparation unit," "food establishment open to the outside air," "retail dairy," "retail sales area of grower-seller premises," and "roadside stand" have the meanings assigned for each in Title 17 of the California Administrative Code.

H. "Perishable food" means any food or beverage capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxications.

I. "Person," as used in this chapter, means individual, partnership, joint venture, association, trust, corporation, or municipal corporation.

J. "Public swimming pool" includes "swimming pools," "pools," "wading pools," "special use pools," and "temporary training pools" as defined in Section 7774 of Title 17, California Administrative Code. This definition shall not include private pools which are maintained by an individual exclusively for the use of his family and friends.

K. The term "retail delivery vehicle" means any vehicle from which exclusively non-perishable foods are carried, sold or otherwise offered to the public.

L. The term "tax collector" means the Ventura County Treasurer-Tax Collector, Public Administrator.

M. The terms "vending machine," "septic tank pumper," "food demonstrator," and "medical research institution" shall have the meaning assigned for each in Division 4, Chapter 6 of the Ventura County Ordinance Code.

(Ord. 389 § 1 (part), 1978.)

No person shall engage in the construction or remodeling of a restaurant, bakery, commissary, food establishment open to the outside air, retail dairy, roadside stand, retail food production and marketing establishment, public swimming pool, or public water system, without having first obtained a permit to construct. A retail sales area of a grower-seller premises may be constructed without a permit to construct if no permits for the structure are required by the building department.

(Ord. 389 § 1 (part), 1978.)

Two sets of plans shall be submitted to the director for new construction or remodeling of restaurants, bakeries, commissaries, retail sales areas of grower-seller premises, retail dairies, roadside stands, food establishments open to the outside air, retail food production and marketing establishments, and public swimming pools. Upon approval of the plans, a permit to construct will be issued and will be valid for twelve months, or until completion of construction or remodeling, whichever comes first. Upon written request therefor, the director may, for good cause, extend the twelve-month period for an additional period not to exceed twelve months. A permit to construct may be denied unless it appears, upon review of the plans, that applicable state, county and city environmental health requirements will be met, otherwise the permit shall be granted.

(Ord. 389 § 1 (part), 1978.)

No person shall conduct any business, occupation or activity listed in subsections A, B, D, E, F, G, J, K and M of Section 9.20.030 within the city, whether or not at a fixed location, without having first obtained a health permit. The health permit shall be in addition to the permit to construct and to any other license or permit required by the city or any other public jurisdiction. A health permit may be denied if it appears, upon inspection of the premises or otherwise, that applicable state, county and city environmental health requirements will not be met, otherwise the permit shall be granted. Such permit shall be valid for a period of twelve months from date of issuance and shall be renewable from year to year upon payment, on or before the delinquency date of each such year, of the fee required, or upon payment of such fee plus penalties. The paid period of a health permit shall not be affected by any period of suspension imposed by the director pursuant to the provisions of Section 9.20.220, 9.20.230 or 9.20.240.

(Ord. 389 § 1 (part), 1978.)

Either the lessor or the lessee of all vehicles defined in subsections A, C, D, F, G and M of Section 9.20.030 shall obtain a health permit to operate. If the lessor obtains a permit and there is a change in the lessee, the lessor shall notify the director and obtain a new health permit. The director may exempt from permit requirements vehicles operated by owners of restaurants and retail food production and marketing establishments if said vehicles are used exclusively for deliveries of packaged foods. No such exemptions may be granted for food vehicles which hold or transport perishable foods for periods longer than one hour.

(Ord. 389 § 1 (part), 1978.)

A. If a permittee engages in, conducts, manages or carries on at the same time more than one of the activities for which a permit is required by this chapter, he shall be deemed to be engaging in, conducting, managing, or carrying on each such activity separately and apart from each other activity, whether located on the same premises or not.

B. A restaurant, retail food production and marketing establishment, or other establishment having a valid health permit shall not be required to obtain an ice distributor's permit for ice distribution activities conducted on the premises.

(Ord. 389 § 1 (part), 1978.)

Application for any permit required by this chapter shall be made on such forms as are prescribed by the director.

(Ord. 389 § 1 (part), 1978.)

Upon receipt of the application and following approval of the director, the director shall forward one copy to the county tax collector for collection of the permit to construct or health permit fee, and one copy to the city license collector for information to assist in collection of the business license tax.

(Ord. 389 § 1 (part), 1978.)

A permit may be issued pursuant to this chapter to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code. Otherwise, all such permits shall be issued in the true name of the applicant. Except as provided, in this section no permittee may operate under any false or fictitious name. A permit issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.

(Ord. 389 § 1 (part), 1978.)

A. If the applicant for a permit under this chapter shows to the satisfaction of the director that because a business or occupation or other activity is of a seasonal nature, or because of statutory or ordinance regulations, or because of termination or loss of lease, or because of acquisition by the public of the premises on which the occupation or business or other activity is situated, or because of similar reasons, such business, occupation or activity can only be carried on for a limited period of time, not more than three-quarters' of a year, a permit fee shall be the following fractions of the annual fee:

B. License fees of twenty-five dollars or less shall not be prorated.

C. A public swimming pool which operates more than three months of the year shall not be considered a seasonal activity.

(Ord. 389 § 1 (part), 1978.)

The director shall issue without fee a permit to any individual applicant who otherwise would be entitled to such permit if such person files with the tax collector a certificate by a licensed physician and surgeon or by the Bureau of Vocational Rehabilitation of the Department of Education of the state that he has not more than ten percent visual acuity in his better eye, with correction.

(Ord. 389 § 1 (part), 1978.)

Excepting operators of organized camps, as defined in the Health and Safety Code, Section 18897, any person exempt from taxation under Section 501(c) of the Internal Revenue Code, or Section 23701 (a, b, d, e, f, g) and 23701(L) of the Revenue and Taxation Code who conducts exclusively for charitable purposes an activity for which there is to be derived no personal benefit through distribution of profits or payment of excessive charges or compensation, shall not be charged any fee for permits required by this chapter.

(Ord. 389 § 1 (part), 1978.)

A. Persons exempt from permit fees under the provisions of Section 9.20.140 shall file acceptable evidence showing entitlement to such exemption with the tax collector within twenty days following application for permit; otherwise, no permit fee exemption shall be granted. Acceptable evidence of exempt status means a copy of an appropriate tax exemption letter prepared by the Internal Revenue Service or State Franchise Tax Board.

B. In lieu of an appropriate tax exemption letter from the Internal Revenue Service or State Franchise Tax Board, a declaration on a form prescribed by the tax collector attesting to the nonprofit or charitable status of the permittee will be accepted if the permittee is exempt under Section 501(c) of the Internal Revenue Code or Section 23701 (a, b, d, e, f, g) and Section 23701(L) of the Revenue and Taxation Code.

(Ord. 389 § 1 (part), 1978.)

Any permit applicant wholly supported by tax revenues shall not be charged a fee for any permit required by this chapter.

(Ord. 389 § 1 (part), 1978.)

The tax collector shall collect the permit fees and penalties as directed by this chapter, when he receives the approved application for a permit from the director and perform such other duties as are by this chapter prescribed.

(Ord. 389 § 1 (part), 1978.)

Where the director finds that a permit (whether in the form of a tag, plate, paper or card, sticker, or otherwise) has been lost, he shall issue a duplicate permit to the owner thereof upon payment of a fee in the amount provided for by this chapter.

(Ord. 389 § 1 (part), 1978.)

Permits are not transferable from one person to another, nor by the same person from one business location to another; provided, however, that a permit issued to a partnership by addition or departure of a partner, if the partnership, as reorganized, applies for such transfer in the same manner as for a new permit and pays the transfer fee as provided for in this chapter.

(Ord. 389 § 1 (part), 1978.)

Every person having a permit under the provisions of this chapter and engaging in a permitted business or activity at a fixed place of business shall keep such permit posted and exhibited in public view while in force. Such person engaging in a business or occupation and not having a fixed place of business shall carry such permit with him at all times while engaging in the business, or activity for which it was granted.

(Ord. 389 § 1 (part), 1978.)

The director shall issue an appropriate tag or sticker for each vehicle or vending machine under permit at the time the permit is issued. The permittee shall keep such tag or sticker affixed to each vehicle or machine in a conspicuous place at all times. Where the applicant for such permit owns more than one vending machine, the director shall issue but one permit form which shall set forth, in addition to the information required, the number of machines under permit for which the permit fee has been paid and tags or stickers have been issued.

(Ord. 389 § 1 (part), 1978.)

If the director determines that any of the provisions of this chapter or of applicable statutes, quarantine orders, rules or regulations are not being complied with within the city, he may issue and serve upon the permittee a notice of intended suspension or revocation setting forth in clear and concise language the acts and omissions with which the permittee is charged and specifying the provision violated. The notice shall specify a date and time, not more than fifteen days following its service upon the permittee, and place of hearing before the director or his agent designated in the notice, and shall be served on the permittee at least five days prior to the hearing. The permittee shall attend such hearing and may show cause, if any, why the permit should not be suspended or revoked. The director may, on his own motion or upon good cause shown by the permittee, continue any such hearing by giving notice to the permittee of the time and place of the continued hearing. At the close of the hearing or at any time within ten days thereafter, the director shall order such disposition of the permit, within the terms of the original or any amended notice of intended suspension or revocation, as he deems proper, and such order in writing shall be served upon the permittee. The order of suspension or revocation shall be effective from the time of such service. If the permittee should fail to appear at any such noticed hearing or continued hearing, the director may make all such orders as he might make if the permittee were present.

(Ord. 389 § 1 (part), 1978.)

In the event that the director determines that the immediate suspension of a permit issued under the provisions of this chapter is necessary in the interest of public health or safety, he shall suspend the permit by serving upon the permittee a notice of suspension effective forthwith; setting forth in clear and concise language the acts or omissions with which the permittee is charged and stating the permittee's rights to an appeal hearing.

(Ord. 389 § 1 (part), 1978.)

At any time within the fifteen-day period after a permit has been suspended or revoked pursuant to the provisions of Section 9.20.230, the permittee may, on a form provided by the director, request in writing an appeal before the director. The request for an appeal must be accompanied by an administrative fee in an amount set by city council resolution. Failure to request an appeal hearing within fifteen days after the permittee [has] received notice of suspension or revocation shall be deemed a waiver of the permittee's right to such hearing. Upon the receipt of a request for an appeal hearing filed in accordance with the provisions of this section, the director shall schedule such hearing within fifteen days and notify the permittee in writing of the date, time and location of the appeal hearing at least five days prior to hearing. The permittee shall attend such hearing and may show cause, if any, why the permit should be reinstated. The director may, on his own motion or upon good cause shown by the permittee, continue any such hearing by giving notice to the permittee of the time and place of the continued hearing. At the close of the hearing or any time within ten days thereafter, the director shall order such final disposition of the permit as he deems proper and such order in writing shall be served on the permittee. The order of reinstatement, suspension or revocation shall be effective from time of such service. If the permittee should fail to appear at any such noticed hearing or continued hearing, the director may make all such orders as he might make if the permittee were present.

(Ord. 950 § 5, 2002: Ord. 389 § 1 (part), 1978.)

No person shall conduct any business, occupation or activity requiring a permit to construct or health permit after said permit has been suspended or revoked by the director pursuant to the provisions of this chapter.

(Ord. 389 § 1 (part), 1978.)

The fees for itinerant restaurants shall be the same as those for restaurants.

(Ord. 389 § 1 (part), 1978.)

The fee for food vendors shall be the same as the fee for food demonstrators.

(Ord. 389 § 1 (part), 1978.)

The fees for retail sales areas of grower-seller premises, food establishments open to the outside air, roadside stands of grower-seller premises food establishments open to the outside air, roadside stands and retail dairies shall be the same as fees applicable to retail food production and marketing establishments.

(Ord. 389 § 1 (part), 1978.)

The fees for public water systems shall be the same as fees applicable to water purveyors.

(Ord. 389 § 1 (part), 1978.)

All fees and fee penalties provided for in this chapter shall be identical to those fixed by resolution of the Ventura County board of supervisors for establishments operating in the unincorporated areas of the county.

(Ord. 389 § 1 (part), 1978.)