Cypress Municipal Code § 13-1 Definitions

The following terms used in this article shall have the meanings indicated below; provided, however, said definitions shall also include any amendments or changes made to referenced sections of the California Health and Safety Code after January 1, 1991:

"Certified farmers' market"

shall be as defined in Section 27512 of the California Health and Safety Code.

"Commissary"

shall be as defined in Section 27513 of the California Health and Safety Code.

"Food establishment"

shall be as defined in Section 27520 of the California Health and Safety Code.

"Food facility"

shall be as defined in Section 27521 of the California Health and Safety Code.

"Food processing establishment"

shall be as defined in Section 28280.1 of the California Health and Safety Code.

"Health department or department"

shall mean the Orange County Health Care Agency.

"Health officer"

shall mean the county health officer or his or her deputy.

"Inspector"

shall mean an environmental health specialist, as defined in Health and Safety Code Section 517, employed by the health department, or the health officer or any deputy health officer authorized to inspect premises or equipment for the enforcement of this article.

"Mobile food preparation unit"

shall be as defined in Section 27526 of the California Health and Safety Code.

"Open-air barbecue facility"

shall be as defined in Section 27528.5 of the California Health and Safety Code.

"Person"

shall be as defined in Section 27530 of the California Health and Safety Code.

"Premises"

shall include land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or food facilities or on such premises.

"Produce stand"

shall be as defined in Section 27533 of the California Health and Safety Code.

"Restricted food service transient occupancy establishment"

shall be as defined in Section 27535.5 of the California Health and Safety Code.

"Satellite food distribution facility"

shall be as defined in Section 27536.5 of the California Health and Safety Code.

"Temporary food facility"

shall be as defined in Section 27538 of the California Health and Safety Code.

"Vehicle"

shall be as defined in Section 27540 of the California Health and Safety Code.

"Vending machine"

shall be as defined in Section 27541 of the California Health and Safety Code.

"Vending machine business"

shall mean the business of selling food or beverages by means of vending machines, regardless of the number of locations at which the vending machines are located.

(Ord. No. 882, § 1, 4-13-92)

(a) It shall be unlawful for any person to operate any food facility, vending machine business, food processing establishment, or any other food handling business governed by this article, without first applying for and receiving a food vending permit issued by the health department under the provisions of this article.

(b) Every applicant for a food vending permit shall file with the health department a written application which shall state the name and address of the applicant, the character and location of the activity for which a permit is required under this article and such other information as the health department may require. Applicants for a permit to operate a mobile food preparation vehicle shall, in addition, provide a list of three service stops which shall include the address or exact location and time of each stop.

(c) A permit may be issued when investigation has determined that the proposed facility and its method of operation will conform to all applicable laws and regulations. A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity approved and, unless suspended or revoked, for the time period indicated.

(d) Any permit may be suspended or revoked for a violation of any application provisions of law or regulation. Any food facility, vending machine business, food processing establishment, or any other food handling business governed by this article, for which the permit has been suspended or revoked shall close and remain closed until the permit has been reinstated or until a new permit has been issued.

(e) Permits may be granted at any time during the year. A permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued.

(Ord. No. 882, § 1, 4-13-92)

A person proposing to build or remodel a food facility, vending machine business, food processing establishment, or any other food handling business governed by this article, shall submit three copies of the complete plans and specifications to the department for review and approval pursuant to the applicable requirements of the California Health and Safety Code. The health officer may thereafter issue a certificate stating what modifications, if any, are required for compliance with applicable laws and ordinances.

(Ord. No. 882, § 1, 4-13-92)

A permit issued under this article or its predecessor may be suspended or revoked under the procedure set forth in this article for any of the following reasons:

(a) Violation of state law;

(b) Violation of this article;

(c) Violation of the rules and regulations adopted pursuant to this article; or

(d) Upon a recommendation by the health officer.

(Ord. No. 882, § 1, 4-13-92)

When any laws, this article, or rules and regulations have been violated, an inspector may serve written notice thereof entitled "Notice of Violation," specifying:

(a) The acts or omissions with which the permittee is charged.

(b) The provision or provisions violated thereby.

(c) The corrective steps required.

(d) The date by which all such corrections must be completed, allowing a reasonable period therefor.

(e) That the permittee has a right to a hearing upon written request or that a mandatory hearing has been scheduled.

(f) That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the health department does not receive notice that all such corrections have been made before 9:00 a.m. of the date specified under subsection (d) above, the permit will be subject to suspension or revocation from that time until all violations have been corrected.

(Ord. No. 882, § 1, 4-13-92)

(a) The hearing shall be held by the health officer or his or her duly authorized representative who is a qualified environmental health specialist as defined in Section 517 of the Health and Safety Code and registered as provided in Section 529 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measure taken.

(b) The permit holder shall have the right to a hearing, if requested, on all violations listed in the notice. A written request for a hearing shall be made by the permittee within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this fifteen-day period to expedite the permit suspension or revocation process.

(c) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action.

(d) At the conclusion of the hearing, the hearing officer shall issue a written notice of decision to the permittee within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension, or that the permit has been revoked.

(e) The health officer may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any of the requirements of the applicable laws, rules and regulations.

(Ord. No. 882, § 1, 4-13-92)