Chapter 5.12 — FOOD HANDLING ACTIVITIES

State Law reference— For statutory provisions authorizing cities to require a local health permit to conduct a restaurant or similar establishment, see e Health & Safety Code Sec. 28693; for provisions authorizing local regulation of bakeries, see Health & Safety Code Sec. 28215.

Unless otherwise specifically provided or required by the context, the following terms have the following indicated meanings in this chapter. Terms not defined in this chapter but defined in the California Health and Safety Code have the meanings given in that code.

A.

"Activity" means every business, occupation, operation, activity, machine, vehicle, or object engaged in or used for the purposes and things regulated under this chapter.

B.

"Area of application" means the entire area within the city boundaries of the City of Clayton.

C.

"Health officer" means the county health officer, acting as the health officer for the city, his medical deputies, and his duly authorized subordinates.

D.

"License year" means March 1st through February 28th (29th).

E.

"Mobile food vendor" means any vehicle, pushcart, trailer, wagon, portable stand or temporary location designed or used or intended to be used, by or for any one or more of, but not limited to, the following persons and/or uses: bakery distributor, fish or meat peddler, food salvage distributor, fruit, nut and/or vegetable distributor, grocery distributor, commercial or industrial catering, food cooking and/or preparation unit, and itinerant restaurant. It includes, but is not limited to, any vehicle, pushcart, trailer, wagon, portable stand or temporary location, from which animal food, bakery products, fish, shell fish, seafood, fruits and nuts, vegetables, meats, poultry, preserves, jelly, relish, milk or any other dairy products, fresh, frozen or non-perishable food or food products, ice cream, shaved ice or yogurt products, ice or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at retail, or are distributed to the consumer.

F.

"Vending machine business" means the activity of selling food or drink by vending machine(s), regardless of the number of machines or locations. (Ord. 131, 1974) (Ord. 458, 2015)

No persons shall conduct, operate, or engage in any activity or object listed in Section 5.12.030, within the area of application, without having a valid, unrevoked, unsuspended public health license therefore.

(Ord. 131, 1974)

The following must be licensed: restaurants, retail food markets, wholesale food markets, food processing establishments, roadside stands, food salvagers, ice plants, peddlers, itinerant restaurants, bakeries, retail food vehicles, food vending machine business, and public swimming pools.

(Ord. 131, 1974)

Licenses required by this chapter are in addition to any other license or permit required within the area of application and do not exempt any person, operation, or premises from sanitary requirements enforced by the health officer.

(Ord. 131, 1974)

A license shall be for not more than one year; none is valid after midnight on February 28th (29th) after its date of effectiveness.

(Ord. 131, 1974)

If a person engages in, conducts, manages, or carries on at the same time more than one licensable activity or object, each such activity or object shall be considered as separate and distinct from the other(s), whether located on the same premises or not.

(Ord. 131, 1974)

A.

Exhibition on Request. Every person required to have a license under this chapter shall show it on request by the health officer.

B.

Fixed Place of Business. Every such person with a fixed location of such activity shall keep such license conspicuously posted therein.

C.

Itinerant and Vehicle. Every such person without a fixed place of such activity shall carry such license with him at all times while so engaged; and the operator of every retail food vehicle shall keep its license in it while it is so used.

(Ord. 131, 1974)

Each food or drink vending machine shall have conspicuously affixed thereon a durable identification plate, setting forth its model number or symbol and its individual identifying serial number.

(Ord. 131, 1974)

Each vending machine shall have similarly affixed a decal or other identification, if furnished by the tax collector, indicating that the required health license fee has been paid for the current license year.

(Ord. 131, 1974)

The operator of a food or drink vending machine activity shall maintain in its principal place of business in the city, or if none, within Contra Costa County, a current record or list by serial number of every machine and its location within the area of application.

(Ord. 131, 1974)

On or before December 1st of each year, each operator of a food or drink vending machine business shall give the tax collector a list of the addresses at which his licensable machines are located, which he intends to license for the following license year.

(Ord. 131, 1974)

Every person owning, conducting or operating any activity for which a license is required under this chapter shall apply for a license to the health officer on a form provided by him.

If the health officer approves the application, he shall so indicate to the tax collector, to whom the applicant shall then pay the required fee and penalty, if any. The tax collector shall issue a public health license when these requirements have been met. Temporary licenses are governed by Section 5.12.190.

(Ord. 131, 1974)

Every public health license shall contain the following information:

A.

Name and address of the licensee;

B.

Nature and location of the licensed activity or object;

C.

If issued for a retail food vehicle, the vehicle identification number or license number;

D.

Date of issuance, and statement of its period of validity or of its invalidity after February 28th (29th) or other specified date;

E.

Statement that it is not transferable between persons, vehicles, objects or places; and

F.

Statement that it is conditioned or compliance with all applicable laws and regulations.

(Ord. 131, 1974)

The tax collector when required or when he deems it necessary under this chapter shall issue with any license further identification in the form of a license plate, decal or gummed sticker to be conspicuously displayed.

(Ord. 131, 1974).

Within, three (3) working days after the initial issuance of a license, the tax collector shall give the health officer a copy.

(Ord. 131, 1974)

A.

Issuance. On or before every January 31st, the tax collector may send to each person who obtained a license during the license year a bill (invoice) for the appropriate license fee for the following year. He shall

promptly send the licensee a fee receipted license when the fee is paid. This "receipt" is merely the "Fee Paid" copy of the license.

B.

Effective Date and Display. No license is valid or issuable until the required license fee is received by the tax collector, including penalty unless the fee is received or postmarked before the effective (delinquency) date. The licensee shall display the fee-receipted license, or shall make it available for objects or machines.

C.

Report on Renewals. On every April 1st, or as soon as practicable thereafter, the tax collector shall notify the health officer of the names of those persons who have, and who have not, renewed their licenses.

(Ord. 131, 1974).

The tax collector, upon receiving a fee of ten dollars ($10.00), may issue a new license to a licensee who shows that his license has been lost or stolen, or who owns or operates a retail food vehicle which replaces a formerly licensed vehicle.

(Ord. 131, 1974)

The auditor shall refund to a licensee all moneys erroneously collected if the licensee files a proper claim demonstrating this to the auditor.

(Ord. 131, 1974)

The health officer may issue a nonrenewable temporary license for activities or objects licensable under this chapter for a period of not over thirty-one (31) consecutive calendar days in any license year. The application and other matters regulated by Sections 5.12.120 through 5.12.180 shall be conformable, except that the health officer shall administer them and may regulate and prescribe forms therefore conformable herewith.

(Ord. 131, 1974)

The tax collector shall issue without fee, but on application, a license to any blind person (having not more than ten percent (10%) visual acuity in the better eye without correction) who otherwise would be entitled to such license, and who files with his application a certificate signed by a licensed physician or application a certificate signed by a licensed physician or by the State Bureau of Vocational Rehabilitation that he is a blind person.

(Ord. 131, 1974)

The tax collector shall issue, without fee, but on application approved by the health officer, a license to any person which conducts a licensable activity exclusively for religious or charitable purposes if at least seventy-five percent (75%) of the net proceeds from such activity inures directly to the benefit of such purposes, and to any tax-supported person.

(Ord. 131, 1974)

Vehicles, used by a fixed location food market or restaurant licensed under this chapter to deliver food products therefrom, need not be separately licensed.

(Ord. 131, 1974)

Where license fees are based on square footage, this refers to the area occupied by, attendant to, and in support of the licensable activity or object.

(Ord. 131, 1974)

Temporary license fees are one-fourth (1/4) of the annual fee of five dollars ($5.00), whichever is greater.

(Ord. 131, 1974)

If any fee required by this chapter is not paid before the delinquency date, it shall be increased by twenty- five percent (25%). The delinquency date is, in the case of initial applications, the thirty-second calendar day after commencement of the activity; in the case of license renewals, March 1st; and in the case of temporary licenses, the second day after commencement of the activity in questions.

(Ord. 131, 1974)

The health officer shall collect a fee, equal to the annual fee, for checking plans and inspecting construction or remodeling for licensable activities other than vehicles, roadside stands, and vending machines.

(Ord. 131, 1974)

Unless otherwise provided when an activity is first licensed to commence during a license year, the fee shall be prorated as follows, but never to less than five dollars ($5.00): The full annual fee if it starts during March through May; three-fourths (3/4) if during June through August; one-half (1/2) if during September through November; and one-fourth (1/4) if during December through February.

(Ord. 131, 1974)

Bakery license fees are based on square foot area, as follows: less than one thousand (1,000), forty dollars ($40.00); one thousand to two thousand nine hundred ninety-nine (1,000—2,999), eighty dollars ($80.00); three thousand to five thousand nine hundred ninety-nine (3,000—5,999), one hundred dollars ($100.00); six thousand (6,000) or more, one hundred twenty dollars ($120.00).

(Ord. 131, 1974)

Food processing establishment license fees are the same as for bakeries.

(Ord. 131, 1974)

Wholesale food market license fees are the same as for bakeries.

(Ord. 131, 1974)

Retail food production and marketing establishment license fees are the same as for bakeries.

(Ord. 131, 1974)

Restaurant license fees are based on patron seating capacity, as follows: less than fifty (50), forty dollars ($40.00); fifty to one hundred forty-nine (50—149), eighty dollars ($80.00); one hundred fifty to two hundred ninety-nine (150—299), one hundred dollars ($100.00); three hundred (300) or more, one hundred twenty dollars ($120.00). In computing the seating capacity of a restaurant with drive-in service shall count as two (2) patron seats.

(Ord. 131, 1974)

Itinerant restaurant license fees are twenty dollars ($20.00), not proratable.

(Ord. 131, 1974)

A.

A nonproratable license fee of twenty-four dollars ($24.00) is payable for every retail food vehicle from which food is served.

B.

A nonproratable license fee of twenty dollars ($20.00) is payable for every other retail food vehicle, and for every peddler of food.

(Ord. 131, 1974)

A roadside stand license fee is twenty-four dollars ($24.00), not proratable.

(Ord. 131, 1974)

Food vending machine license fees are twenty-four dollars ($24.00) for one through four (4) machines, plus an additional four dollars ($4.00) for each machine over four (4), which are not proratable.

(Ord. 131, 1974)

A food salvager license fee is one hundred twenty dollars ($120.00).

(Ord. 131, 1974)

A food demonstrator license fee is twenty dollars ($20.00), not proratable.

(Ord. 131, 1974)

An ice plant license fee is forty dollars ($40.00).

(Ord. 131, 1974)

A public swimming pool license fee is sixty dollars ($60.00).

(Ord. 131, 1974)

The provisions of this section and Sections 5.12.420 through 5.12.490 control in the absence of contrary provisions of state, county or city law, particularly applying to one or more licensable activities under this chapter. However, violations of this chapter are also subject to criminal and/or civil enforcement procedures like all other violations of city ordinances.

(Ord. 131, 1974)

The health officer shall administer this chapter. The health officer himself may promulgate regulations carrying out these provisions, including prescribing application and identification forms.

(Ord. 131, 1974)

A.

Complaint. When a written complaint is filed with or by the health officer or one of his medical deputies that some applicable law or regulation is being violated by any person or licensable activity, he may order a hearing pursuant to Section 5.12.460 through 5.12.480.

B.

Period of Suspension. After hearing, he may suspend the license for not more than ninety (90) calendar days, or until he is assured of compliance with applicable laws and regulations, whichever period is shorter; and he may post notice of this action in a conspicuous place. At the end of the shorter period the license becomes valid again.

(Ord. 131, 1974)

A.

Health Danger. After making a written finding that the public health is endangered by some person or licensable activity, and health officer or one of his medical deputies may order the immediate cessation of the activity, abatement of the condition, or action to correct the condition, and he may order the emergency suspension of the license and its removal from the person or premises, and he may post notice of this action in a conspicuous place. Emergency suspension is in addition to, and not limited by nor in derogation of, any other authority or power which the health officer may have under this or other laws or regulations.

B.

Period. Each emergency suspension, as distinct from any other authorized action, is effective for not more than seven (7) calendar days, including the first day or which the license is suspended. At the end of that period, or sooner if a finding is made that the public health is no longer endangered, the license becomes valid again, unless a hearing is ordered pursuant to Sections 5.12.460 through 5.12.480.

(Ord. 131, 1974)

The health officer or one of his medical deputies may revoke and confiscate a license if:

A.

It has been suspended once after hearing; and

B.

Violations of this chapter or other applicable laws or regulations or acts or omissions endangering the public health continue; and

C.

He makes a written finding that correction of the situation is impracticable and that the public health is endangered.

The health officer may post notice of this action in a conspicuous place.

(Ord. 131, 1974)

The health officer or one of his medical deputies shall give written notice of the hearing to the licensee or the person involved or in charge of the premises or operation, delivered or mailed to the latest address on file with him, at least seventy-two (72) hours before the hearing for emergency suspensions, and at least five (5) days before the hearing for temporary suspensions. The notice shall specify:

A.

The hearing date, time and place (not more than fourteen (14) days thereafter);

B.

The reasons for the hearing; and

C.

The licensee's rights to correct, comply with, or desist from the cited reasons and/or show cause against suspension of the license.

(Ord. 131, 1974)

The health officer or one of his medical deputies shall conduct the hearing, or he may have the county hearing officer conduct it and recommend back to him a suggested disposition of the matter. Hearings may not be postponed or continued longer than ten (10) days from the original date without the consent of the licensee.

(Ord. 131, 1974)

The health officer or the medical deputy shall make his written decision within fourteen (14) days after (1) the hearing's close, or (2) his receipt of the hearing officer's recommendations; and he shall promptly notify

the licensee thereof.

(Ord. 131, 1974)

An appeal may be taken from the results of any hearing to the city council by written notice of appeal, stating fully the matters or action appealed from and the grounds for appeal, which must be filed with the city clerk within fifteen (15) days from the action appealed from. The city council must then schedule the appeal for hearing within thirty (30) days of the filing of the notice of appeal. The fee for filing an appeal shall be fifteen dollars ($15.00) and the decision of the city council after appellant has had an opportunity to be heard shall be final and conclusive.

(Ord. 131, 1974)

Any person who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both fine and imprisonment. Each such person is guilty of a separate offense for each day during any portion of which any violation of the provisions of this chapter is committed, continued or permitted by such person and is punishable therefore as provided in this chapter.

(Ord. 131, 1974).