Chula Vista Municipal Code Ch. 8.08 Health and Sanitation

FOOD HANDLERS’ PERMITS*

Sections:

***** For statutory authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code

§ 37101; for statutory authority for localities to prescribe fees to pay for local enforcement of state health laws, see Health and Saf. Code § 510.

No person shall sell, offer for sale, barter, trade or give away any food or beverage, and no person shall permit the same to be done, from any establishment unless such establishment has a valid public health permit, which permit has not been revoked or suspended. (Ord. 855 § 2; prior code § 15.6).

Every person applying for a permit shall file with the health department a written application which shall set forth the name and address of the applicant; a description of the premises wherein or whereon it is proposed to conduct the establishment; the type and nature of the establishment proposed; and such other information as the board of health by rule may require. Every applicant for a permit shall pay to the health officer the annual inspection fee established by this chapter at the time of making such an application. (Ord. 855 § 2; prior code § 15.7).

Upon the filing of the application and the payment of the required fee, it shall be the duty of the health officer to investigate the information contained in the application and the sanitary conditions of, in, and about the establishment, and to determine whether or not such establishment conforms to the requirements of this chapter, the California Restaurant Act, the rules of the board of health and the rules and regulations of the State

Board of Health. The health officer shall grant the permit if such establishment is sanitary and does conform with such laws and such rules and regulations; otherwise, he shall deny such application. The health officer shall send, deliver or give written notice of such grant or denial to the applicant within five days following such grant or denial. A permit for which application is made pursuant to this chapter may be granted at any time during the year. (Ord. 855 § 2; prior code § 15.8).

A person aggrieved by the denial to him of a permit or by the revocation of a permit pursuant to CVMC 8.08.050 may appeal from such denial to the City Manager in the manner set forth in Chapter 1.40 CVMC. (Ord. 2718 § 1, 1998; Ord. 855 § 2; prior code § 15.9).

A permit shall be granted only on the express condition that it is subject to revocation or suspension upon a showing satisfactory to the health officer of the violation by the permittee, his employee, servant or agent, or any other person acting with his consent or under his authority, of any provision of this chapter, the California Restaurant Act, rules of the board of health, or rule or regulation of the State Board of Health. (Ord. 855 § 2; prior code § 15.10).

A separate permit shall be required for each place of business, concession or vehicle used by permittee. (Ord. 855 § 2; prior code § 15.11).

A. Except as otherwise specifically provided in this chapter, every person applying for a permit under the provisions of this chapter shall at the time of making application for such permit pay a fee, the exact amount which shall be determined by the county of San Diego and kept on record by the county department of health services and on file in the office of the City Clerk of the City. In any case where the applicant has failed for a period of 30 days to file the application and obtain the required permit, license or registration, there shall be added to and collected with the required fee a penalty as established by the county of San Diego and kept on record by the county department of health services. The imposition or payment of the penalty imposed by this section shall not prohibit the imposition of any other penalty prescribed by this chapter or a criminal prosecution for violation of this chapter. Institutions exempt from real property assessments and taxation are exempt from paying the fees established by this section.

B. Establishment Plan Review. Every applicant for a permit or license required by this chapter shall, prior to obtaining a building permit, opening a new establishment, or upon remodeling an old establishment, submit to the health officer a plan of the proposed establishment, detailing all equipment, materials and facilities necessary to comply with the California Restaurant Act or Retail Marketing Act, whichever applies, and all applicable City ordinances or regulations, accompanied by the appropriate fee to cover the cost of review. The health officer shall review the plans and specifications and shall determine whether they are in accordance with the requirements of law. (Ord. 2218 § 1, 1987; Ord. 2042 § 1, 1983; Ord. 1996 § 1, 1982; Ord. 1930 § 1, 1981; Ord. 1638 § 1, 1975; Ord. 1236 § 1; Ord. 855 § 2; prior code § 15.12).

A permit issued pursuant to this chapter shall expire on the one-year anniversary date of the date of issuance and each such permit shall be renewed annually. Application for the renewal shall be made, to the health officer. At the time application is made, there shall be paid to the health officer the annual fee prescribed by CVMC 8.08.070, which annual fee is due and payable each year. The annual fee, if unpaid, is delinquent 30 days following the date it is due and thereafter a penalty shall be imposed in the manner prescribed in CVMC 8.08.070. (Ord. 1767 § 1, 1977; Ord. 855 § 2; prior code § 15.13).

Notwithstanding the provisions of CVMC 8.08.080, the health officer may issue permits pursuant to this chapter for less than a one-year period during the 1978 calendar year for purposes of conversion to year-round issuance. Such permits shall expire on the date assigned by the health officer and shall be renewed as provided in CVMC 8.08.080. The fee paid for a permit being converted to year-round issuance shall be reduced by an amount equal to one-twelfth of the total annual permit fee for each month less than one year for which the permit is issued. The reduction specified in this section shall be applicable; provided, the permit fee is paid prior to the date the penalties become due on such fee. (Ord. 1767 § 1, 1977).

A permit is not transferable from one person or one place to another, and shall be deemed voided if removed from the place or location specified in the written application and in the permit. (Ord. 855 § 2; prior code § 15.14).

The board of health, by regulation, may adopt a scorecard for the grading of establishments undergoing inspection. No permit shall be issued to any establishment scoring less than 80 percent on the scorecard. Each establishment shall maintain standards of sanitation and health sufficient to score 80 percent on the scorecard at all times. If upon inspection any establishment shall fail to attain a score of 80 percent, due written notice shall be served on the applicant for the permit. The notice shall list the deficiencies and state that such deficiencies must be corrected within 30 days, at which time a reinspection will be made. An establishment failing to comply with the written notice, or failing to attain a score of 80 percent on the reinspection, shall immediately close and remain closed until a score of at least 80 percent is achieved on a reinspection by the department.

The health officer shall issue an alphabetical grade card to each restaurant inspected, which grade card shall be displayed at all times while the restaurant is open to the public. Restaurants scoring 90 percent or more on the scorecard shall receive an “A” grade card; those scoring 80 to 89.5 percent shall receive a “B” scorecard; those scoring below 80 percent shall receive a “C” scorecard. (Ord. 855 § 2; prior code § 15.15).

Every health permit and/or alphabetical grade card issued shall be kept posted in a conspicuous place in the establishment for which the permit is issued. The health officer shall prescribe the location in or on the establishment where such permit shall be kept posted. Alphabetical grade cards shall be posted in the front window of the establishment so as to be clearly visible to patrons entering the establishment, or in a display case mounted on the outside of the front door, or in a display case mounted on the outside front wall of the establishment, within five feet of the front door, or in some other location clearly visible to patrons entering the establishment, which has been approved by the health officer. The alphabetical grade card shall be protected from damage by weather conditions and shall not be defaced, marred, or camouflaged or hidden so as to prevent the general public from observing it. (Ord. 1930 § 1, 1981; Ord. 855 § 2; prior code § 15.16).

All farmers or ranchers may dispose of fruits, vegetables and farm produce actually produced on their ranches, farms or property; a permit will be issued therefor without charge; provided, that each and every provision of this code regulating the type of produce to be sold or distributed is complied with, that the sale or distribution of such produce or food is not made or done within the right-of-way of any public street or highway in the county, and that the produce is sold from the property on which it is grown. (Ord. 855 § 2; prior code § 15.17).

In the isolated or rural districts where running water, electricity or other modern conveniences are not available, a special permit may be issued if in the opinion of the health officer such is advisable and is consistent with the preservation of the public health and safety. All such special permits shall be revocable for any cause which affects the public health and safety. (Ord. 855 § 2; prior code § 15.18).

Repealed by Ord. 2718 § 1, 1998.

Repealed by Ord. 2718 § 1, 1998.