East Palo Alto Municipal Code Art. III Food Establishments and Permit Requirements

As used in this chapter:

"Food establishment" means and includes all restaurants as defined in Section 28522 of the California Health and Safety Code, all "itinerant restaurants" as defined in Section 28523 of the California Health and Safety Code, all "vehicles" as defined in Section 28524 of the California Health and Safety Code, all "vending machines" as defined in Section 28525 of the California Health and Safety Code, all "retail food production and marketing establishments" as defined by Section 28802 of the California Health and Safety Code, and all "bakeries" as defined by Section 28190 of the California Health and Safety Code.

"Health officer" means the Director of Public Health of the City of East Palo Alto City, or his/her duly authorized representative.

"Restaurant" means the same meaning as that defined in Section 28522 of the California Health and Safety Code.

"Retail food vehicle" means and includes all "vehicles" as defined in Section 28524 of the California Health and Safety Code.

"Vending machine" means the same as that defined in Section 28525 of the California Health and Safety Code.

(Prior code § 6-1.301)

It is unlawful for any person to open, operate or engage in the business of operating either:

A. A retail food production and marketing establishment in geographic areas in which the city health officer is responsible for enforcing state statutes, orders, quarantines, rules or regulations relating to public health; or

B. A restaurant; retail food vehicle, vending machine or bakery in the city, unless that person holds a valid permit issued by the city department of health.

(Prior code § 6-1.302)

A. Any person desiring to open a food establishment shall apply in writing for a permit to the department of public health. He/she may not engage in business until his application has been accepted and a permit issued.

B. Any person who is engaged in the operation of a food establishment at the time this chapter becomes effective shall apply for a permit in writing to the department of public health within sixty (60) days following the effective date of this chapter. The department of public health shall grant or deny each application within one hundred twenty (120) days after receipt of the application. Thereafter, it is unlawful for any person to continue to operate such food establishment without having a permit as provided in this chapter.

(Prior code § 6-1.303)

A. If, after investigation, it is determined that the food establishment complies with the requirements of state laws and with the requirements of this chapter, a permit shall be issued by the department of public health and welfare.

B. A permit may be revoked or suspended by the city health officer where he has determined that a violation of state law or a provision of this chapter exists, where he has given written notice to the permittee of such violation, and where the permittee has failed or neglected within a reasonable time after such notice to make the necessary corrections called for therein.

C. Any permittee who feels aggrieved by an action of suspension or revocation of a permit by the city health officer is entitled to a hearing before the city hearing officer and the city health officer shall inform the permittee of this right. Upon receipt of a request for a hearing, the city hearing officer shall set the matter for hearing at the earliest practicable date, but in no event later than fourteen (14) days from the effective date of suspension or revocation. At the hearing, the city hearing officer shall consider the report of the health officer and any evidence presented by the permittee allegedly aggrieved. The city hearing officer may reject, affirm, or modify the health officer's decision, which action shall be final.

D. All permits issued under the provisions of this chapter must be posted on the premises of the business in a conspicuous place.

E. Permits are not transferrable from one business or location to another, or from one person to another.

(Prior code § 6-1.304)

It is unlawful for any person to construct, alter or repair any restaurant, itinerant restaurant, or other food establishment for whose construction, alteration or repair a building permit is necessary until such person has received in writing from the city health officer an approval stating that the plans and specifications for such proposed construction, alteration or repair conform with state health laws and regulations and this code.

(Prior code § 6-1.305)

Upon application to the city building official for a building permit to authorize the construction, alteration or repair of a restaurant, itinerant restaurant, or other food establishment, the owner or operator of such restaurant, itinerant restaurant, or other food establishment shall also submit to the city health officer the plans and specifications for such construction, alteration or repair as well as any other information requested by the city health officer. The city health officer shall within ten days following the receipt of such plans, specifications, and other information, determine whether the proposed construction, alteration or repair complies with the state health laws and this code and shall either approve or reject such proposed construction, alteration or repair. A copy of the health officer's determination shall, upon completion, in every case be forwarded to the building official.

(Prior code § 6-1.306)