Chapter 6.08 — REGULATION OF PRIVATE INSTITUTIONS

* For provisions regarding institutional occupancy see Chapter 17.46.

Unless the context otherwise requires, these definitions shall control in the construction of the provisions of this chapter, as follows:

(1)

"Food" includes all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

(2)

"Food establishments" means and includes any public or private market or shop, store, delicatessen, candy factory, storehouse, warehouse, cold storage plant, or other plant, or other place, not a public eating or drinking establishment in or about which any food, foodstuffs or provisions are kept, held, sold, prepared, or compounded, or offered for sale for human consumption. Such establishments will specifically include but shall not be restricted to grocery stores and warehouses, candy and confection plants or stores, bakeries, bottling works, food and condiment packers, fruit and vegetable stands, markets or other premises where meat or meat food products, sausage, fish, dressed poultry, rabbit, or game are kept, stored, handled, manufactured or offered for sale, ice stations, and all food processing or cannery plants of any type.

(3)

"Restaurant" means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunchroom or cafeteria, labor and construction camp kitchen and dining room, public boardinghouse, club, and any other eating or drinking establishment which sells or offers for sale food to the public, as well as kitchen, box lunch establishment, catering service and barbecue pit in which food or drink is prepared on the premises for sale or distribution elsewhere. The term "restaurant" as used

in this chapter also includes all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors.

(4)

"Utensils" includes kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles used in processing, storage, distribution or serving of food or drink.

(Prior code §§ 5300-5300.4).

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 possessing a permit to do so from the city health officer, or such other person who may be hereafter designated, and paying the fee required to be paid by this chapter. No permit shall be required of any food processing, cannery or other food establishment licenses 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.

(Prior code § 5301).

Application for such permit shall be made in writing to the health officer, or such other person who may be hereafter designated. The health officer, or such other person who may be hereafter designated, shall upon receipt of such application, make or cause to be made, an examination of the premises for which such permit is requested. If, upon examination, the health officer, or such other person who may be hereafter designated, his assistant or his duly authorized representatives, shall find such premises and the equipment therein to be in accordance with the laws of the state of California, and the requirements of this chapter, and such rules and regulations as may be hereafter adopted by the city council, and not otherwise, the health officer, or such other person who may hereafter be designated, shall issue a revocable permit for the conduct of such business. Such permit shall be issued annually for the calendar year and shall not be transferable. Renewal of permits shall be applied for and acted upon in the same manner.

(Prior code § 5302).

The regulatory permit fee for conducting a restaurant or food establishment shall be as established by resolution of the City Council.

(Prior code § 5303).

(Ord. No. 2132, § 18, 8-30-2010, eff. 7-1-2011)

The health officer, or such other person as may be hereafter designated, is empowered to deny or withhold a permit for which an application has been made if, in his judgment the building, premises, equipment, apparatus or reasonable facilities for the establishing, maintaining, conducting or operating the business or institution for which a permit is requested, is or are insufficient, unfit or incapable of being used, maintained, or established to comply with this or any other regulations of the city, or laws of the state of California. If any such permit is denied, suspended or revoked by the health officer, or such other person who may be hereafter designated, it is unlawful during the period of such denial, revocation or suspension for any person to sell or traffic in any food or drink products in the city at such establishments.

(Prior code § 5304).

Permits for any restaurant or food establishment within the city are not transferable. Every person who sells, exchanges, gives away, abandons, or discontinues any such restaurant or food establishment within the city and every person who purchases or otherwise acquires any such restaurant or food establishment within the city shall immediately notify the city health officer, or such other person who may be hereafter designated, his assistant or his duly authorized representative, as to the fact thereof.

(Prior code § 5305).

The health officer, or such other person who may be hereafter designated, may suspend or revoke any permit authorized by this chapter whenever he finds that the holder of such permit fails or refuses to comply with the laws of the state of California, this chapter or any rules and regulations of the health officer, or such other person who may be hereafter designated.

(Prior code § 5306).

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

(Prior code § 5307).

It is unlawful for any person, firm or corporation or agent or employee of any person, firm or corporation, to sell, offer for sale, distribute or have in possession for sale or distribution in the city, the flesh of any cattle, horse, sheep, lamb, swine or goat, unless the same bears on each primal part thereof the "Inspected and Passed" stamp of an establishment operating under federal inspection, state inspection or approved municipal inspection.

(Prior code § 5308).

It is unlawful for any person, firm or corporation, or agent or employee of any person, firm or corporation to sell, offer for sale, distribution or have in possession for sale or distribution in city, any sausage or other meat food product unless the same has been manufactured or prepared in accordance with the laws of the state of California.

(Prior code § 5308.1).

The health officer, or such other person who may be hereafter designated, his assistant and duly authorized representative, are authorized and directed to seize and destroy or denaturalize any tainted, diseased, decayed or partially decayed or unwholesome meat, fish, shellfish, fowl, fruits, vegetables, or other unwholesome food found within the city.

(Prior code § 5309).

The health officer, or such other person who may be hereafter designated, is authorized to make such additional rules and regulations as may be necessary to secure the proper sanitation of all restaurants or food establishments and for the proper and orderly administration of this chapter.

(Prior code § 5310).

(a)

It is unlawful for any person, firm or corporation to violate any provision, or fail to comply with any mandatory requirement of this chapter. Except as otherwise provided in subsection (b) of this section, any entity violating any provision, or failing to comply with any mandatory requirement of this chapter is guilty of an infraction, and upon conviction shall be punished by a fine of not more than one hundred dollars.

(b)

Notwithstanding any provision to the contrary, any person, firm or corporation committing any act made unlawful pursuant to subsection (a) of this section shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than one thousand dollars and/or imprisonment of not more than six months, if any of the following circumstances exist:

(1)

The violation was committed wilfully or with knowledge of its illegality;

(2)

The violator does not cease, or otherwise abate the violation after receiving notice of such violation;

(3)

The violator has previously been convicted of violating the same provision of this title within two years of the currently charged violation; or

(4)

The provision violated specifies that such violation shall be a misdemeanor.

(c)

Each person, firm or corporation violating any provision, or failing to comply with the mandatory requirements of this chapter shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued, or permitted by such person, firm or corporation, and shall be punishable as provided in this section.

(Ord. 1693 § 3(B), 1988).