Cupertino Municipal Code Ch. 9.04 Restaurants and Food Establishments\

* For statutory provisions regarding health requisites for restaurants, see Health and Safety Code §§ 28686 et seq.; for health requirements for retail food production and marketing establishments, see Health and Safety Code §§ 28820 et seq.

A. “Food” includes all articles used for food, drink, confectionary or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

B. “Restaurant” or “food establishment” means any coffee shop, cafeteria, short order café, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunch or cafeteria, labor and construction camp kitchens and dining rooms, public boarding house, club, and any other eating or drinking establishment which sells or offers for sale food to the public, as well as kitchens, box lunch establishments, barbecue pits, bakeries and all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors. However, this chapter shall not apply to “retail food production and marketing establishments” as defined in Section 28802 of the California Health and Safety Code.

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

(Ord. 580, § 1, 1973; Ord. 4, Art. I, 1955)

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 Health Officer and paying the permit fee required to be paid by this chapter. No permit shall be required of any food processing, cannery or other food establishment licensed 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.

(Ord. 4, Art. 2 § 1, 1955)

Application for such permit shall be made in writing to the Health Officer. The Health Officer 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, his assistant or his duly authorized representative finds such premises and the equipment therein to be in accordance with the laws of the state of California, the requirements of this chapter, and the rules and regulations of the Health Officer and not otherwise, the Health Officer 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.

(Ord. 4, Art. 2 § 2, 1955)

The permit fee for conducting a restaurant or food establishment shall be ten dollars per year, and shall be payable upon the first day of January of each year.

(Ord. 4, Art. 2 § 3, 1955)

The Health Officer 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 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 ordinances of the City, or the rules and regulations of the Health Officer or laws of the state of California. If any such permit is denied, suspended or revoked by the Health Officer, 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 establishment.

(Ord. 4, Art. 2 § 4, 1955)

The Health Officer may suspend or revoke any permit authorized by this chapter whenever he finds that the holder of such a 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.

(Ord. 4, Art. 2 § 5, 1955)

Permits for any restaurant or food establishment within the City shall not be 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 Health Officer, his assistant or his duly authorized representative, as to the fact thereof.

(Ord. 4, Art. 2 § 6, 1955)

The Health Officer 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.

(Ord. 4, Art. 2 § 7, 1955)

The presence, in or about the place of business of any person dealing in food, or in or about any vehicle 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.

(Ord. 4, Art. 2 § 8,1955)

The Health Officer, his assistant and his duly authorized representative, are authorized and directed to seize and destroy or denaturize any tainted, diseased, decayed or partially decayed, or unwholesome meat, fish, shellfish, fowls, fruits, vegetables, or other unwholesome food found within the City.

(Ord. 4, Art. 2 § 9, 1955)

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 municipal inspection.

(Ord. 4, Art. 2 § 10, 1955)

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

(Ord. 4, Art. 2 § 11, 1955)

Any person who violates the provisions of this chapter shall be guilty of an infraction and upon conviction thereof shall be punished as provided in Chapter 1.12.

(Ord. 1179, § 2 (part), 1982; Ord. 4, Art. 2 § 13, 1955)