Ceres Municipal Code Ch. 02 Regulation of Restaurants

Whenever used in this chapter, unless a different meaning clearly appears from the context:

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

Itinerant restaurant means any restaurant operating from temporary facilities serving, offering for sale, selling or giving away food or beverage and includes, but is not limited to, a restaurant where only wrapped sandwiches or other wrapped and packaged, ready-to-eat foods are served, and any mobile unit on which food is prepared and served.

Restaurant means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, itinerant restaurant, vehicle, private and public school cafeteria or eating establishment, in-plant or employee eating establishment, whether private or public, organization, club, including veteran's club, boardinghouse, guest house, or political subdivision which gives, sells or offers for sale, food to the public, guests, patrons, members or employees, as well as kitchens in which food is prepared on the premises for service elsewhere, including catering functions.

Stanislaus County Health Officer means the designated Health Officer for the City.

Vehicle means any vehicle upon which food or beverage is displayed, sold or offered for sale, or given away.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

It is declared unlawful for any person to engage in the business of conducting a restaurant within the City without first having obtained, and thereafter keeping posted in a conspicuous place on the premises for which it is issued, an unexpired permit to conduct such business, as provided in this chapter.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Any person desiring a permit to conduct a restaurant in the City shall file with the Health Officer, or his authorized representative, an application in writing requesting that a permit be issued to the person therein named. Plans for any new restaurant construction and remodeling shall be submitted to the Health Officer, or his authorized representative, for approval. Such application shall be upon a form supplied by the Health Officer, and shall state that if the permit be granted, the applicant shall conform to and comply with all requirements of this chapter.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Immediately upon receipt of an application for a restaurant permit, the Health Officer, or his authorized representative, shall investigate the premises on which it is proposed to conduct the business and determine whether the premises and the equipment used or to be used therein comply with the rules and regulations prescribed by this chapter, and with the laws of the state of California pertaining to restaurants. If satisfied that the premises and equipment comply with such rules and regulations and laws, he shall issue a permit to the applicant to conduct the business. The permit, when issued, shall be kept posted in a conspicuous place on the premises for which it is issued, and no permit shall be transferable from one person to another.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Each permit issued by the Health Officer for conduct of a restaurant shall expire at the end of 12 calendar months from the date of issuance thereof, or at such time as the person to whom such permit was issued ceases to conduct said restaurant, whichever shall first occur.

(Ord. No. 2020-1055, § 1, 1-27-2020)

Any permit to conduct a restaurant may be revoked by the Health Officer in the event that he shall determine that any of the regulations contained in this chapter have been violated, whereupon said permit shall be surrendered to the Health Officer. Any person whose permit has been revoked by the Health Officer, as herein provided, may appeal to the City Council by filing a written notice of appeal with the City Clerk within ten days of such act of revocation. At its next regular meeting following the filing of a notice of appeal, the City Council shall fix a time and place for hearing the appeal, and the Clerk shall provide notice of the hearing to the appellant and to the Health Officer. At the hearing, the City Council may receive evidence and inquire into the revocation and shall have power in its discretion to restore the permit or affirm the act of the Health Officer in revoking said permit. Any restaurant, the permit for which has been revoked by the Health Officer, shall remain closed pending the hearing of any appeal and decision thereon by the City Council.

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)

Any person operating a restaurant within the City shall be governed by the following regulations. The violation of any of these regulations shall be and constitutes grounds for revocation of the permit to conduct said business within the City.

A. Regulation No. 1, statutes. Any person operating a restaurant shall meet and comply with all requirements of the "California Restaurant Act" and all other laws of the State of California pertaining to restaurants and the premises on which the same are conducted.

B. Regulation No. 2, equipment. Any piece of equipment or any fixture in any restaurant which has deteriorated to such an extent as to be no longer satisfactory for use, shall be replaced promptly by equipment deemed satisfactory by the Health Officer.

C. Regulation No. 3, hood. Each cooking stove, griddle or fat fryer used in connection with the restaurant business must have an approved power-ventilation system. Hoods, where used, must have an area at least 25 percent greater than the area of the stove, griddle or fat fryer, and must lead to a forced-air ventilating flue.

D. Regulation No. 4, plumbing. Every plumbing fixture must be provided with running water. Plumbing fixtures from which wastes are discharged must be properly trapped, each trap must be effectively vented, and these fixtures must be connected to an approved sewerage system.

E. Regulation No. 5, health requirements. No person shall handle or serve food or drink in any restaurant or sanitize any of the utensils or dishes in any restaurant, for a period of time in excess of 30 days, unless such person shall have in his possession a Stanislaus County Health Department tuberculosis clearance card.

F. Regulation No. 6, first aid instructions. At all times during which a restaurant is serving food, instructions on first aid to persons choking on food shall be posted in a conspicuous place.

G. Regulation No. 7, first aid training. At all times during which a restaurant is serving food, there shall be on the premises at least one person having in his possession a card issued by the Stanislaus County Health Officer showing that, within two years prior thereto, such person received instruction concerning first aid for persons choking on food.

H. Regulation No. 8, approved managers. At all times that food is being served, a restaurant shall have on the premises a manager, or other person in charge, who shall have in his possession a certificate of approval issued by the Health Officer. Certification will require training in basic sanitary food handling practices, knowledge of State laws pertaining to food handling, and management responsibilities. The Health Officer shall establish criteria and be responsible for all instructions pursuant to this requirement.

I. Regulation No. 9, use of sanitizing agents. Each restaurant shall be equipped with equipment to test the effectiveness of the chemical sanitizing agent being used for sanitizing purposes within the restaurant. The manager or other person in charge shall be familiar with the type of chemical in use, its method of application, and test procedures.

J. Regulation No. 10, compliance with any and all State and federal laws. Each and all restaurants within the City of Ceres jurisdiction shall adhere to any/all applicable laws mandated by the State of California with regard to proper disposal and recycling requirements such as but not limited to; mandatory commercial recycling pursuant to section 42649 of the Public Resources Code, mandatory organics recycling pursuant to AB 1826 Chesbro (chapter 727, Statutes of 2014), and California's Short-Lived Climate Pollutant Reduction Strategy pursuant to SB 1383 Lara (chapter 395, Statutes of 2016).

(Ord. No. 2020-1055, § 1, 1-27-2020; Ord. No. 2021-1066, 6-14-2021)