Article 413-3.2 — General Provisions

Pursuant to Health and Safety Code Section 101325, the board determines:

(1)

That the expenses of the health officer, in the enforcement of statutes, orders, quarantines, embargoes, rules and regulations, prescribed by state officers and departments relating to public health, are not met by

any fees prescribed by the state; and

(2)

That the fees prescribed herein will help pay the health officer's reasonable expenses incurred in such enforcement.

(Ords. 2002-48 § 3, 93-58 § 2, 74-1 § 1 (part), 1974: see also Health & Saf. Code § 4010.8).

Permits required by this chapter shall be required of every activity described herein, within the unincorporated area of the county and within any city in which the county health officer enforces any state statute, order, quarantine, rule or regulation relating to public health.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

Environmental health permits for food facilities shall serve as valid permits to operate as provided in Section 113920 of the California Health and Safety Code. To the extent that the fees imposed pursuant to Chapter 413-3 are fees authorized under Section 113920 of the California Health and Safety Code, these fees are hereby imposed pursuant to Section 113920.

(Ords. 2002-48 § 4, 93-58 § 2, 85-27 § 1).

Article 413-3.4. Definitions

(a)

Unless otherwise specifically provided, or required by the context, the following terms have the following meanings in this chapter.

(b)

Terms not defined herein but defined in the California Health and Safety Code have the meanings given in that code.

(Ords. 93-58 § 2, 74-1 (part), 1974).

"Activity" means every business, occupation, operation, activity, machine, vehicle or object engaged in or used for the purposes and subjects regulated herein.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

"Area of application" means the geographical area described in Section 413-3.206.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

"Health officer" means the county (city) health officer and the health officer's duly authorized deputies and subordinates.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

"Incidental retail food market" means activity incidental to a main nonfood business operation (e.g. department, drug, variety, and bait stores), for the sale of candy, gum, peanuts, chips, or similar confectionery, and non-potentially hazardous food and beverages, with either (1) less than one hundred square feet of floor space (including aisles and walk areas) devoted to the incidental activity, or (2) less than six hundred dollars retail value of food in stock.

(Ords. 93-58 § 2, 74-79 § 1).

"Permit year" for retail food vehicles, mobile food preparation units, septic tank-chemical toilet cleaner vehicles, and vending machines, means January 1st through December 31st. "Permit year" for all other activities means March 1st through February 28th (29th).

(Ords. 2002-48 § 5, 93-58 § 2, 74-1 § 1 (part), 1974).

"Retail food vehicle" means any vehicle designed or used or intended to be used by or for any one or more of the following persons and/or uses: bakery distributor, fish peddler, food salvage distributor, fruit and/or vegetable distributor, grocery distributor, industrial catering, mobile food preparation unit, and temporary food facility. It includes any vehicle from which animal food, bakery products, fish, shellfish, seafood, fruits, vegetables, meats, poultry, preserves, jelly, relish, milk or any other dairy products, food or food 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.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

"Small water system" means a utility system which furnishes water for domestic purposes to from two through one hundred ninety-nine service connections inclusive and includes "Public Water System" as defined in California Health and Safety Code Section 116275 and its applicable regulations under Title 22 of the California Code of Regulations.

(Ords. 2002-48 § 6, 93-58 § 2, 81-56 § 2, 74-79 § 2: H. & S.C. §§ 4010 ff).

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

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

"Septic tank-chemical toilet cleaner" means a person engaged in the business of cleaning septic tanks, individual sewage systems, holding tanks, pit privy, cesspools or seepage pits, or of providing or cleaning chemical toilets.

(Ords. 93-58 § 2, 78-43 § 1).

Article 413-3.6. Permit Requirements

No person shall conduct, operate or engage in any activity or object listed in Section 413-3.604, within the area of application, without having a valid, unrevoked, unsuspended environmental health permit therefor.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

An environmental health permit is required for all of the following: food establishments, vending machine businesses, taverns, cocktail lounges, bars, snack bars, commissaries, cart commissaries, food catering, special events food booths, school cafeterias, itinerant food facilities, retail food markets, roadside food stands, food salvagers, retail food vehicles, mobile food preparation units, bakeries, incidental retail food markets, certified farmers' markets, septic tank-chemical toilet cleaners, public swimming pools and/or spas, small water systems, wiping rag businesses, and medical waste generators.

(Ord. 2002-48 § 7, 93-58 § 2, Ords. 89-56 § 3, 85-28 § 2, 84-37 § 2, 78-43 § 1, 74-79 § 3, 74-1).

Permits 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.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

Permits shall be effective for not more than one year. No permit for retail food vehicles, mobile food preparation units, septic tank-chemical toilet cleaner vehicles, or vending machines is valid after midnight on December 31st of the year it is effective. No other permit is valid after midnight on February 28th (29th) after its effective date.

(Ords. 2002-48 § 8, 93-58 § 2, 74-1 § 1 (part), 1974).

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

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

(a)

Exhibition on Request. Every person required to have a permit hereunder shall show it to the health officer upon request.

(b)

Fixed Place of Business. Every person with a fixed location for a permitted activity shall keep the permit conspicuously posted therein.

(c)

Temporary Food Facility and Vehicle. Every person without a fixed place for a permitted activity shall carry the permit at all times while so engaged; and the operator of every retail food vehicle shall keep its permit in the vehicle while it is so used.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

(a)

Identification Plate. 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.

(b)

Identification Decal. Each such machine shall have similarly affixed a decal or other identification, furnished by the health officer, indicating that the required environmental health permit fee has been paid for the current permit year.

(c)

List of Machines. The operator of a food or drink vending machine activity shall maintain in its principal place of business a current record or list by serial number of every such machine and its location within the area of application.

(d)

Annual Report. On or before November 1st of each year, the operator of a food or drink vending machine activity shall give the health officer a list of the addresses where the machines for which the operator intends to obtain permits for the following permit year, are located.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

Any person violating any provision of this chapter or who fails to obtain and retain at all times while conducting business, a valid, unrevoked, unsuspended environmental health permit, shall pay triple the applicable fee as a penalty. This penalty is in addition to other fees, penalties, and enforcement procedures.

(Ords. 93-58 § 2).

Article 413-3.8. Issuance of Permits

Every person owning, conducting or operating any activity for which a permit is required hereunder shall apply for a permit to the health officer, on a form provided by the health officer, and pay the appropriate application fee. If the health officer approves the application, the applicant will be notified in writing. The health officer shall issue an environmental health permit when all applicable requirements have been met. Temporary permits are governed by Sections 413-3.814 and 413-3.1222.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

Every environmental health permit shall contain at least the following information:

(1)

Name and address of the permittee;

(2)

Nature and location of the permitted activity or object;

(3)

If issued for a retail food vehicle, mobile food preparation unit or septic tank-chemical toilet cleaner vehicle, the vehicle identification number and license number;

(4)

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

(5)

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

(6)

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

(Ords. 2002-48 § 9, 93-58 § 2, 74-1 § 1 (part), 1974).

When it is deemed necessary, the health officer will issue with any permit, further identification in the form of a decal or gummed sticker to be conspicuously displayed. Decals issued for retail food vehicles shall be affixed on the left rear panel of the appropriate vehicle.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

(a)

Issuance.

(1)

Vending Machines. On or before every November 30th, the health officer may send to each person who obtained an environmental health permit for a vending machine during the permit year, a bill (invoice) for the appropriate permit fee for the following year.

(2)

Retail Food Vehicles, Mobile Food Preparation Units, and Septic Tank-Chemical Toilet Cleaner Vehicles. On or before every November 30th, the health officer may send to each person who obtained an environmental health permit for a retail food vehicle or mobile food preparation unit or septic tank-chemical toiler cleaner vehicle during the permit year, a notice of inspection of the retail food vehicle or mobile food preparation unit or septic tank-chemical toilet cleaner and a bill (invoice) for the appropriate permit fee for the following year. No permit for a retail food vehicle or mobile food preparation unit or septic tank-chemical toilet cleaner will be issued or renewed unless and until the vehicle is presented to the health officer, or the health officer's designee, for inspection.

(3)

All Other Activities. On or before every January 31st, the health officer may send to each person who obtained an environmental health permit during the permit year, a bill (invoice) for the appropriate permit fee for the following year. The permittee will be mailed or provided with a fee-receipted permit when the fee is paid and all necessary inspections are passed.

(b)

Effective Date and Display. No permit is valid or issuable unless and until the required permit fee, together with any penalties, is received by the health officer or postmarked before the effective (delinquency) date and all required inspections are passed. The permittee shall display the fee-receipted permit or shall make it available upon demand in the case of objects and machines.

(c)

Reports on Renewals.

(1)

Vending Machines. On every February 1st, or as soon as practicable thereafter, the health officer, or the health officer's designee, shall compile a list of the names of those vending machine permittees who have, and who have not, renewed their vending machine permits.

(2)

All Other Activities. On every April 1st, or as soon as practicable thereafter, the health officer, or the health officer's designee, shall compile a list of the names of those permittees who have, and who have not, renewed their permits.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 2002-48 § 10, 93-58 § 2, 74-1 § 1 (part), 1974).

The health officer, upon receiving an application fee, may provide a copy of a permit to a permittee who indicates that the permittee's permit has been lost or stolen.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

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

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

The health officer may issue a nonrenewable and nontransferable temporary permit for activities or objects permitted hereunder for a period of not more than thirty-one consecutive calendar days in any permit year. The application process and other matters regulated by this article shall apply to temporary permits and permittees.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

Article 413-3.10. Exemptions

413-3.1002 - Blind.

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

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

413-3.1004 - Charitable or tax-supported institutions.

The health officer shall issue without fee but on application, a permit to any person who conducts an activity requiring a permit exclusively for religious or charitable purposes if at least seventy-five percent of the net proceeds from such activity inures directly to the benefit of such charitable purposes.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

413-3.1006 - Veterans.

The health officer shall issue, without fee but on application, a permit to any honorably-discharged veteran. The veteran must be the sole owner of the business or activity or a co-owner with other honorably- discharged veteran(s) and must not sell alcoholic beverages.

(Ord. 93-58 § 2).

413-3.1008 - Fee exception only.

The exemptions provided by this article are for environmental health permit fees only and do not exempt these applicants from any application, inspection, reinspection, plan review fees or penalties, or miscellaneous fees for service.

(Ord. 93-58 § 2).

413-3.1010 - Delivery vehicles.

Vehicles used by a fixed-location food market or restaurant permitted hereunder to deliver food products therefrom do not need separate permits.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

Article 413-3.12. Permit Fees

413-3.1202 - Square footage.

Where permit fees are based on square footage, this refers to the area occupied by, attendant to, and in support of the activity or object requiring an environmental health permit.

(Ords. 93-58 § 2, 7-1 § 1 (part), 1974).

413-3.1204 - Temporary permit fees.

Temporary permit fees are equal to the annual fee, or, in the case of proratable fees, are prorated under Section 413-3.1210.

(Ords. 93-58 § 2, 74-79 § 4, 74-1).

413-3.1206 - Delinquency, penalty and waiver.

(a)

If any fee required by this chapter is not paid before the delinquency date, it shall be increased by twenty- five percent. The delinquency date is: In the case of initial applications, the thirty-second calendar day after commencement of the approved activity; in the case of permit renewals for activities other than vending machines, septic tank-chemical toilet cleaner vehicles, retail food vehicles, and mobile food preparation units, March 1st; in the case of permit renewals for vending machines or septic tank-chemical toilet cleaner vehicles or retail food vehicles or mobile food preparation units, January 1st; and in the case of temporary permits, the first day after commencement of the activity in question.

(b)

An additional penalty of forty percent of the fee will be imposed for any fee that remains unpaid for more than sixty days after the delinquency date.

(c)

In addition to the above delinquent penalties, the delinquent permittee is also subject to one hundred percent of the administrative, legal, and collection costs and/or charges.

(d)

The health officer may waive any penalty incurred without substantial fault by the applicant or permittee and without substantial lessor damage to the county or city.

(Ords. 2002-48 § 11, 93-58 § 2, 74-79 § 5, 74-1).

413-3.1208 - Plans and inspection deposits.

(a)

Fee Required. The health officer shall collect a plan review fee for checking plans for and inspecting the construction or remodeling of a food facility specified in Section 413-3.604 or a public swimming pool as defined in Health and Safety Code section 116025. Plan review fee amounts will be established by resolution of the board of supervisors.

(b)

Time Limit; Refunds. An approval of food facility plans or public swimming pool plans is valid unless the building permit issued for the food facility or public swimming pool expires. If no inspections have occurred and the building permit expires before work begins under the permit, the portion of the plan review fee attributable to the cost of inspections will be refunded upon the applicant's written request.

(Ord. No. 2014-12, § II, 12-2-14; Ords. 93-58 § 2, 78-88, 76-46, 74-1).

413-3.1210 - Prorating fees.

(a)

If an annual operating permit is first issued for an activity that commences operation after March 1 of the permit year, the permit fee shall be paid as follows, unless otherwise provided in this section. If the activity commences operation during the period March through May, the full permit fee shall be paid. If the activity

commences operation during the period June through August, three-quarters of the permit fee shall be paid. If the activity commences operation during the period September through November, one-half of the permit fee shall be paid. If the activity commences operation during the period December through February, one-fourth of the permit fee shall be paid.

(b)

If a permitted activity ceases operation or is transferred to another person before the end of a permit year, the permittee is eligible for a refund of a portion of the annual operating permit fee that was paid, unless otherwise provided in this section. If the permitted activity ceases operation or is transferred to another person during the period March through May, three-fourths of the permit fee is available for refund. If the permitted activity ceases operation or is transferred to another person during the period June through August, one-half of the permit fee is available for refund. If the permitted activity ceases operation or is transferred to another person during the period September through November, one-fourth of the permit fee is available for refund. No refunds will be made if a permitted activity ceases operation or is transferred to another person during the period December through February. If a permittee is eligible for a refund, a refund will be issued only upon the permittee's timely written request. Refund requests must be submitted within thirty calendar days after a permitted activity ceases operation or is transferred to another person. Refund requests must include the following evidence in a form acceptable to the health officer: The date the permitted activity ceased operation or was transferred to another person, and in the case of transfers, the name, address and telephone number of the transferee.

(c)

This section does not apply to an activity whose permit year commences January 1 and ends December 31 under section 413-3.412.

(Ord. No. 2014-12, § III, 12-2-14; Ords. 93-58 § 2, 78-43 § 1, Ord. 74-1 (part), 1974).

413-3.1212 - Fees.

The board may, by resolution and from time to time, prescribe fees for the application, issuance, and renewal of environmental health permits.

(Ords. 93-58 § 2).

413-3.1214 - Miscellaneous fees for service.

A service charge shall be charged for services not otherwise covered by fees in this chapter, including but not limited to consultation services, plan reviews of existing permitted activities, food equipment evaluations and reviews, site evaluations, investigations, and other requests related to services for which a fee is not otherwise provided. The service charge shall be prescribed by the board by resolution and may be amended by the board by resolution from time to time.

(Ord. 93-58 § 2).

413-3.1216 - Violation reinspection fee.

In the event that a permittee is directed by the health officer to make changes and/or corrections in a food facility or other activity requiring a permit hereunder, for the purpose of bringing the food facility or activity into compliance with the provisions of this chapter and/or state law, the health officer shall charge the permittee a reinspection fee for each and every reinspection performed by the health officer after the first inspection following the direction to correct, until the necessary changes and/or corrections are made. The reinspection fee shall be prescribed by the board by resolution and may be amended by the board by resolution from time to time.

(Ord. 93-58 § 2).

Article 413-3.14. Enforcement

413-3.1402 - General.

The provisions of this article control in the absence of contrary provisions of state or county law particularly applying to one or more permitable activities hereunder; however, violations of this chapter are also subject to criminal and/or civil enforcement procedures as are all other violations of this code.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

413-3.1404 - Administration and regulation.

The health officer shall administer this chapter. The health officer may promulgate regulations carrying out these provisions, including, but not limited to, prescribing application and identification forms.

(Ords. 93-58 § 2, 74-1 (part), 1974).

413-3.1406 - Temporary suspension.

(a)

Complaint. When a written complaint is filed with or by the health officer or one of the health officer's deputies that some applicable law or regulation is being violated by any person or permitable activity, the health officer may order a hearing pursuant to Section 413-3.1412.

(b)

Period. After hearing, the health officer may suspend the permit until the health officer is assured of compliance with applicable laws and regulations, and the health officer may post notice of this action in a conspicuous place.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

413-3.1408 - Emergency suspension.

(a)

Health or Safety Danger. After making a written finding that the public health or safety is endangered by some person or permitable activity, the health officer or one of the health officer's deputies may order the immediate cessation of the activity, abatement of the condition, or action to correct the condition, and the

health officer may order the emergency suspension of the permit and its removal from the person or premises; and the health officer 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 calendar days, including the first day on which the permit is suspended. At the end of that period, or sooner if a finding is made that the public health or safety is no longer endangered, the permit becomes valid again, unless a hearing is ordered pursuant to Section 413-3.1412.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

413-3.1410 - Revocation.

The health officer or one of the health officer's deputies may revoke and confiscate a permit if:

(1)

It has been suspended once after hearing; and

(2)

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

(3)

The health officer makes a written finding that correction of the situation is impracticable and that the public health is endangered. The health officer or the health officer's designee may post notice of this action in a conspicuous place.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

413-3.1412 - Hearings.

(a)

Notice. The health officer shall give written notice of the hearing to the permittee or the person involved or in charge of the premises or operation, delivered or mailed to the latest address on file. The notice shall specify:

(1)

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

(2)

The reasons for the hearing; and

(3)

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

(b)

Conduct. The health officer or one of the health officer's deputies shall conduct the hearing, or the health officer may have the county hearing officer conduct it and recommend to the health officer a suggested disposition of the matter. Hearings may not be postponed or continued longer than ten days from the original date without the consent of the permittee.

(c)

Decision. The health officer or the health officer's subordinate or deputy shall make a written decision within fourteen days after:

(1)

The hearing's close; or

(2)

The health officer's receipt of the hearing officer's recommendations; and the health officer shall promptly notify the permittee thereof.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ords. 93-58 § 2, 74-1 § 1 (part), 1974).

413-3.1414 - Appeals.

Appeals are governed by Chapter 14-4.

(Ords. 93-58 § 2, 74-1 § 1 (part), 1974).