7-1 PUBLIC HEALTH LICENSES AND FEES.

a. Purpose; Applicability . Pursuant to Health and Safety Code Section 510, the Town Council 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.

b. Area of Application . Licenses required by this chapter shall be required of every activity described herein, within the limits of the Town of Danville, in which the Health Officer enforces any State Statute, order, quarantine, embargo, rule or regulation relating to public health.

(Ord. #15, §1[4])

As used in this chapter; unless otherwise specifically provided, or required by the context, the following terms have the following indicated meanings, except that terms not defined herein but defined in the California Health and Safety Code have the meanings given in that Code.

Activity shall mean every business, occupation, operation, activity, machine, vehicle or object engaged in or used for the purposes and things regulated hereunder.

Area of application shall mean the geographical area described in subsection 7-1.1a.

Health Officer shall mean the Health Officer, his medical deputies, and his duly authorized subordinates.

Incidental confectionery shall mean activity incidental to the main nonfood business operations (e.g., department, drug, variety or bait stores), for the sale of candy, gum, peanuts or similar confectionery and food or beverage, with less than three hundred fifty ($350.00) dollars retail value of food in stock.

License year shall mean March 1 through February 28 (29).

Retail food vehicle shall mean any vehicle designed or used or intended to be used by or for any one (1) 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 itinerant restaurant. 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.

Septic tank-chemical toilet cleaner shall mean 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.

Small water system shall mean a utility system which furnishes water for domestic purposes to from two (2) through one hundred ninety-nine (199) service connections inclusive and includes “Public Water Systems” as defined in California Health and Safety Code Section 4010.1 and its applicable regulations under Title 22 of the California Administrative Code.

Vending machine business shall mean the activity or selling food or drink by vending machines or locations.

(Ord. #15, §1[4])

a. Public Health License Required . No person shall conduct, operate or engage in any activity or object listed in paragraph b., within the Town of Danville without having a valid, unrevoked, unsuspended public health license therefor.

b. Licensable Activities . The following must be licensed hereunder: 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 businesses, public swimming pools, wiping rag businesses, small water systems, and septic tank-chemical toilet cleaners.

c. Other Licenses and Requirements . Licenses required by this chapter are in addition to any other license or permit required within the Town, and do not exempt any person, operation or premises from sanitary requirements enforced by the Health Officer.

d. Term . Licenses shall be for not more than one (1) year. None is valid after midnight on February 28 (29) after its date of effectiveness.

e. Separate Activities . If a person engages in, conducts, manages or carries on, at the same time, more than one (1) 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.

• f. License Display .

1. Exhibition on Request. Every person required to have a license hereunder shall show it on request by the health officer.

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

3. 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.

g. Vending Machine Operators .

1. 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.

2. Identification Decal. Each such 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.

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

4. Annual Report. On or before December 1 of each year, such 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. #15, §1[4])

a. Application . Every person owning, conducting or operating any activity for which a license is required hereunder 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 paragraph h. of this subsection.

• b. License Content . Every public health license shall contain the following information:

1. Name and address of the licensee;

2. Nature and location of the licensed activity or object;

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

4. Date of issuance, and statement of its period of validity or of its invalidity after February 28 (29) 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.

c. Additional Identification . The Tax Collector, when required or when he deems it necessary hereunder, shall issue with any license further identification in the form of a license plate, decal or gummed sticker to be conspicuously displayed.

d. Notify Health Officer . Within three (3) working days after the initial issuance of a license, the Tax Collector shall give the Health Officer a copy.

e. Renewal License s.

1. Issuance. On or before every January 31, 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.

2. Effective Date and Display. No such 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.

3. Report on Renewals. On every April 1, 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.

f. Lost Licenses and Replacement Vehicles . The Tax Collector, upon receiving a fee of ten ($10.00) dollars, 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.

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

h. Temporary Licenses . The Health Officer may issue a nonrenewable temporary license for activities or objects licensable hereunder for a period of not over thirty-one (31) consecutive calendar days in any license year. The application and other matters regulated by this subsection shall be conformable herewith, except that the Health Officer shall administer them and may regulate and prescribe forms therefor conformable wherewith.

(Ord. #15, §1[4])

a. Blind . The Tax Collector shall issue without fee but on application, a license to any blind person (having not more than ten (10%) percent 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 by the State Bureau of Vocational Rehabilitation that he is a blind person.

b. Charitable or Tax-Supported Institutions . 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 (75%) percent of the net proceeds from such activity inures directly to the benefit of such purposes, and to any tax-supported person.

c. Delivery Vehicles . Vehicles used by a fixed-location food market or restaurant licensed hereunder to deliver food products therefrom need not be separately licensed.

(Ord. #15, §1[4])

a. Square Footage . 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.

b. Temporary License Fees . Temporary license fees are equal to the annual fee, or, in the case of proratable fees, are prorated under paragraph e. of this subsection.

• c. Delinquency, Penalty and Waiver .

1. If any fee required by this chapter is not paid before the delinquency date, it shall be increased by twenty-five (25%)

percent. 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 1; and in the case of temporary licenses, the second day after commencement of the activity in question.

2. With concurrency by the Health Officer, the Tax Collector may waive any penalty incurred without substantial fault by the applicant or licensee and without substantial lessor damage to the Town of Danville.

d. Plans and Inspection Deposits .

1. Deposit Required. The Health Officer shall collect a nontransferable deposit equal to three (3) times the annual fee, for checking plans and inspecting construction or remodeling, for licensable activities other than vehicles and vending machines.

2. Charge; Refund. Actual costs shall be charged against the deposit at an hourly rate(s) to be established annually before November 30 by the Auditor-Controller, plus an administrative fee of twenty-five (25%) percent of the deposit. If the deposit is exhausted before final approval by the Health Officer, or if the balance is not sufficient to cover anticipated remaining costs, the Health Officer shall collect from the applicant an additional deposit equal to three (3) times the annual fee (or such lesser amount as the Health Officer deems adequate) to cover said costs before any further review or inspection is made. Failure to pay the additional deposit within ten (10) days following receipt of written notification shall void all prior approvals, and any further construction or activity shall be deemed unlawful. If the deposit is not exhausted, upon final approval by the Health Officer, the balance shall be refunded to the depositor.

3. Time Limit. A plans approval is valid for only six (6) months unless work has begun. If work has not commenced within such time, the actual costs plus the additional twenty-five (25%) percent administrative fee shall be charged against the deposit. Resubmission of plans and deposit shall conform with sub- paragraphs d, 1. and d, 2. of this subsection.

4. Penalties. Any person violating this section by failing to submit plans, obtain necessary inspections and approvals or make deposits, or by commencing or continuing construction or remodeling in violation hereof, shall pay triple the fee as a penalty and remain subject to other applicable penalties and enforcement procedures.

5. Approval Limits. The approval of plans and specifications shall not prevent the Health Officer from thereafter requiring correction of errors in such plans and specifications, or from preventing construction, installation and operations being carried out thereunder when in violation of this Code and/or other applicable laws.

e. Prorating Fees . 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 ten ($10.00) dollars: 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.

f. Bakery . Bakery license fees are based on square foot area as follows: less than two thousand (2,000), eighty ($80.00) dollars; two thousand (2,000) through five thousand nine hundred ninety-nine (5,999), one hundred twenty ($120.00) dollars; six thousand (6,000) or more, one hundred sixty ($160.00) dollars.

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

• h. Wholesale Food Market . Wholesale food market license fees are the same as for bakeries.

i. Retail Food Production and Marketing Establishment . Retail food production and marketing establishment license fees are the same as for bakeries.

j. Restaurants, Tavern, Cocktail Lounges, Snack Bars .

1. Restaurant license fees are based on patron seating capacity, as follows: less than fifty (50), eighty ($80.00) dollars; fifty (50) to one hundred forty-nine (149), one hundred twenty ($120.00) dollars; one hundred fifty (150) or more, one hundred sixty ($160.00) dollars. Banquet room seating capacity is excluded in accordance with the Health Officer’s regulations.

2. Tavern, cocktail lounge and snack bar license fees are sixty ($60.00) dollars, and drive-in, take-out and catering commissary license fees are one hundred twenty ($120.00) dollars; all regardless of seating capacity.

k. Itinerant Restaurant . Itinerant restaurant license fees are forty ($40.00) dollars, not proratable.

l. Vehicles and Peddlers .

1. A non-proratable license fee of forty-eight ($48.00) dollars is payable for every retail food vehicle from which food is served, and for every location for every mobile food preparation unit.

2. A non-proratable license fee of forty ($40.00) dollars is payable for every other retail food vehicle, and for every peddler of food.

m. Roadside Stand . A roadside stand license fee is forty-eight ($48.00) dollars, not proratable,

n. Food Vending Machine . Food vending machine license fees are forty-eight dollars for one (1) through four (4) machines, plus an additional eight ($8.00) dollars for each machine over four (4), which are not proratable.

o. Food Salvager . A food salvager license fee is two hundred forty ($240.00) dollars.

• Food Demonstrator . A food demonstrator license fee is forty ($40.00) dollars, not proratable.

• Ice Plant . An ice plant license fee is eighty ($80.00) dollars.

• Public Swimming Pool . A public swimming pool license fee is one hundred twenty ($120.00) dollars.

• Wiping Rag Business . A wiping rag business license fee is eighty ($80.00) dollars.

• Small Water System . A small water system license fee is as follows:

u. Incidental Confectionery . An incidental confectionery license fee is forty-eight ($48.00) dollars, non-proratable.

v. Septic Tank-Chemical Toilet Cleaner . A septic tank-chemical toilet cleaner license fee is eighty ($80.00) dollars, proratable, and twenty-five ($25.00) dollars for each vehicle, non-proratable.

(Ord. #15, §1[4])

a. General . The provisions of this subsection control in the absence of contrary provisions of State or County law particularly applying to one (1) or more licensable activities hereunder; however, violations of this chapter are also subject to criminal and/or civil enforcement procedures like all other violations of this Code.

b. Administration and Regulation . The Health Officer shall administer this chapter. The Health Officer himself may promulgate regulations carrying out these provisions, including prescribing application and identification forms.

c. Temporary Suspension .

1. Complaint. When a written complaint is filed with or by the Health Officer or one (1) 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 paragraph f.

2. Period. 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.

d. Emergency Suspension .

1. Health Danger. After making a written finding that the public health is endangered by some person or licensable activity, the Health Officer or one (1) 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.

2. 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 on 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 paragraph f. below.

e. Revocation . The Health Officer or one (1) of his medical deputies may revoke and confiscate a license 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. He makes a written finding that correction of the situation is impracticable and that the public health is endangered. He may post notice of this action in a conspicuous place.

• f. Hearings .

1. The Health Officer 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.

2. Conduct. The Health Officer or one (1) 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.

3. Decision. The Health Officer or the medical deputy shall make his written decision within fourteen (14) days after;

• (a) The hearing’s close; or

• (b) His receipt of the Hearing Officer’s recommendations; and he shall promptly notify the licensee thereof.

• g. Appeals . Appeals are governed by Section 1-8.

(Ord. #15, §1[4])