Daly City Municipal Code Ch. 8.04 Food Establishments

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Building standards" means the standards specified in all building codes and regulations of the city.

B. "Food establishment" means all restaurants; fish markets or stands; vegetable markets or stands; meat markets; horsemeat markets selling horsemeat intended for human consumption; poultry markets or stands; grocery stores; delicatessens; food, drink or confection vending vehicles, including canteen service; food, drink or confection vending machines; industrial cafeterias; places where organizational dinners, bake sales or other food programs are given and where food is intended for sale or distribution to the public; and all other establishments or devices where food, drink or confections are sold or offered for sale or distribution to the public, whether such establishments are permanent, mobile or temporary. Such term shall not include any wholesale establishment manufacturing, processing or storing food, drink or confections, or the delivery vehicles thereof, not engaged in selling or offering for sale such food, drink or confection to the public.

C. "Health officer" means the director of public health and welfare of the county, or his duly authorized representative.

D. "Restaurant" means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, confectionery, catering service and any other eating or drinking establishment which sells or offers for sale food or drink to the public, regardless of whether such food or drink is for consumption on or off the premises.

E. "Vending machine" means any coin-operated mechanical device from which food or drink is dispensed or offered for sale to the public.

F. "Vending vehicle" means any vehicle from which food or drink is sold or offered for sale to the public, not including delivery vehicles used to transport food or drink from a store having a valid food permit as required by this chapter to a customer's home or a vehicle transporting food or drink from a wholesale establishment to a retail outlet.

G. "Zoning standards" means all ordinances and zoning regulations of the city.

(Prior code § 13-1)

There is established a board of review composed of the county director of public health and welfare, a member of the city council and such other person as may be designated by resolution of the city council.

(Prior code § 13-2)

The county department of public health and welfare is authorized to issue rules and regulations in order to administer and carry out the purposes of this chapter.

(Prior code § 13-3)

All food, drink or confection displayed, offered for sale or given to the public from any food establishment shall be prepared either on premises licensed under this chapter or approved by the county department of public health and welfare.

(Prior code § 13-4)

No live animal, fowl, rodent or animal pets shall be kept or allowed in any food establishment where food or beverage is stored, displayed, prepared or served; except that this section shall not apply to dogs being used by the blind. At least two signs shall be posted in conspicuous places at each food establishment to this effect.

(Prior code § 13-5)

No notice or classification posted by the health officer shall be removed without the special approval of the health officer.

(Prior code § 13-6)

All food in food establishments that is potential media for growth of bacteria, or is otherwise subject to spoilage by reason of lack of refrigeration, shall be kept under refrigeration during the time it remains in such food establishment.

(Prior code § 13-7)

Sterilizing agents and compatible type detergents approved by the county department of public health and welfare shall be used in all food establishments requiring washing and sterilization of equipment. The concentration of these agents and detergents to be used shall be those approved by such department.

(Prior code § 13-8)

The minimum ceiling height in any food establishment shall be not less than eight feet from the floor.

(Prior code § 13-9)

Floors of food establishments shall be of cement, tile laid in cement, vitrified brick or other nonabsorbent material.

(Prior code § 13-10)

All trash of food establishments shall be stored in enclosures so as to prohibit it being scattered over the ground. The enclosure shall be maintained in a reasonably clean and sanitary condition.

(Prior code § 13-11)

All restaurants shall have a three-compartment sink for the purpose of carrying out proper washing, rinsing and sterilization of dishes, glasses and equipment. All other food establishments requiring washing facilities shall have at least a two-compartment sink.

(Prior code § 13-12)

It is unlawful for any person to open, operate or engage in the business of operating a food establishment in the city without having a valid permit therefor issued by the county department of public health and welfare.

(Prior code § 13-13)

Applications for the permit required by this chapter shall be in writing to the county department of public health and welfare in such form as it shall prescribe.

(Prior code § 13-14)

No owner or proprietor having complete control of a food establishment shall be required to have more than one permit for the operation of each place of business; provided, however, that owners or operators of food, drink or confectionery vending machines not otherwise conducting a food establishment shall pay one dollar for each such vending machine not to exceed the total sum of five dollars; and provided further, that where more than one permit fee is applicable as prescribed in this chapter, the highest permit fee shall be the fee assessed.

(Prior code § 13-15)

Fees for the permit required by this article shall be charged as provided in Section 8.04.170 to cover the cost of any inspections required and for the enforcement of this chapter.

(Prior code § 13-15)

The fees to be paid for any permit required by this chapter for each food establishment shall be as follows:

Restaurants (except taverns, catering services, and bars).

Seating capacity of 1 to 20 .....$ 5.00

Seating capacity of 21 to 50 .....7.50

Seating capacity of over 50 .....10.00

Taverns, bars and drinking establishments.

Seating capacity of 1 to 5 .....$ 5.00

Seating capacity of 6 to 20 .....7.50

Seating capacity over 20 .....10.00

(Each thirty inches of lineal length of bar or counter shall be considered as one seat)

Catering service .....5.00

Delicatessen .....5.00

Fish market or stand .....5.00

Food, drink or confection vending machines, each .....1.00

Grocery store .....5.00

Horsemeat market .....5.00

Meat market .....5.00

Poultry market .....5.00

Vegetable market or stand .....5.00

Fruit market or stand .....5.00

Food, drink, or confection vending vehicles .....5.00

Food establishments in public schools .....No fee

Food establishments not specifically listed .....5.00

(Prior code § 13-17)

New food establishments opening on or after July first of any year shall pay one-half of the specified fee for the remainder of that calendar year.

(Prior code § 13-18)

Schools, churches and charitable organizations exempt from the payment of real property taxes under the laws of the state are exempt from the payment of fees for issuance of a permit required by this chapter.

(Prior code § 13-19)

If, after investigation, it is determined that any food establishment applying for a permit under this chapter complies with the requirements of state laws, local zoning and building requirements and the requirements of this chapter, and after payment of the fees specified in this chapter, such permit shall be issued by the county department of public health and welfare.

(Prior code § 13-20)

Permits under this chapter shall be issued on a calendar year basis.

(Prior code § 13-21)

Permits issued pursuant to this chapter are not transferable from one business or location to another, or from one person to another.

(Prior code § 13-22)

All permits issued pursuant to this chapter shall be posted on the premises of the permittee in a conspicuous place.

(Prior code § 13-23)

Any food establishment failing to obtain a renewal of a permit required by this chapter by February fifteenth shall be penalized in the amount of fifty percent of the regular permit fee, which shall be in addition to that prescribed by Section 8.04.170.

(Prior code § 13-24)

A permit issued pursuant to this chapter may be revoked or suspended by the board of review if it determines that a violation of any state law, local zoning or building code or provisions of this chapter exists; that a written notice has been issued to the permittee by the inspection division of the county department of public health and welfare specifying such violation; and that the permittee has failed or neglected to make necessary corrections within a reasonable time after receiving such notice.

(Prior code § 13-25)