Fillmore Municipal Code Ch. 8.02 Public Health Permits and Enforcement

Pursuant to the provisions of Health and Safety Code Section 476, the director of environmental health of the county of Ventura is directed to enforce and observe in the city all orders, quarantine regulations and rules prescribed by the State Department of Public Health, all other rules and regulations issued under the provisions of the Health and Safety Code, the provisions of this chapter, and all statutes now or hereafter enacted relating to public health.

(Ord. 483 § 1 (part), 1976)

(a) "Bakery," commissary," "organized camp," "retail food production and marketing establishment," "public swimming pool," "itinerant restaurant," "restaurant," "vending machine," "ice plant," "selfcontained ice plant," "ice distributor," and "ice distribution vehicle have the meaning assigned for each in the Health and Safety Code.

(b) "Director," as used in this chapter, means the director of environmental health of the county of Ventura and his authorized agents.

(c) "Food vehicle" means any vehicle upon which predominately packaged, ready-to-eat foods are sold or otherwise offered to the public.

(d) "Frozen food vehicle" means any vehicle upon which predominately frozen foods are sold or otherwise offered to the public.

(e) "Mobile food preparation unit," "food establishment open to the outside air," "retail dairy," "retail sales area of grower-seller premises," and "roadside stand" have the meanings assigned for each in Division 4, Chapter 6 of the Ventura County Ordinance Code.

(f) "Perishable food" means any food or beverage capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxications.

(g) "Retail delivery vehicle" means any vehicle upon which exclusively nonperishable foods are carried, sold or otherwise offered to the public. "Retail delivery vehicle" includes "bakery delivery vehicles," as defined in the Health and Safety Code.

(Ord. 483 § 1 (part), 1976)

No person shall engage in the construction or remodeling of a restaurant, bakery, retail food production or marketing establishment, public swimming pool or organized camp facility without having first obtained a "Permit to Construct."

(Ord. 483 § 1 (part), 1976)

Two sets of plans shall be submitted to the director for new construction or remodeling of restaurants, bakeries, retail food production and marketing establishments, public swimming pools and organized camps. Upon approval of the plans a permit to construct will be issued and will be valid for twelve months, or until completion of construction or remodeling, whichever comes first. Upon written request therefor, the director may, for good cause, extend the twelve-month period for an additional period not to exceed twelve months. A permit to construct may be denied unless it appears, upon review of the plans, that applicable state, city and county environmental health requirements will be met. Otherwise the permit shall be granted.

(Ord. 483 § 1 (part), 1976)

No person shall conduct any business, occupation or activity listed in Section 8.02.020(a), (b), (c), (d) and (e) of this chapter, within the city, whether or not at a fixed location, without having first obtained a health permit. The health permit shall be in addition to the permit to construct and to any other license or permit required by the city or any other public jurisdiction. A health permit may be denied if it appears, upon inspection of the premises or otherwise, that applicable state, city or county environmental health requirements will not be met. Otherwise the permit shall be granted. Such permit shall be valid for a period of twelve months from date of issuance and shall be renewable from year to year upon payment, on or before the delinquency date of each such year, of the fee required or upon payment of such fee plus penalties.

(Ord. 483 § 1 (part), 1976)

Either the lessor or the lessee of vehicles defined in Section 8.02.020 (a), (c), (d), (e) and (g) shall obtain a health permit to operate. If the lessor obtains a permit and there is a change in the lessee, the lessor shall notify the director and obtain a new health permit. Operators of vehicles used by a fixed-location business requiring a health permit under this chapter shall not be required to pay a separate permit fee under this section, provided such vehicles are owned by such fixed-location business and are operated by bona fide employees of such fixed-location business.

(Ord. 483 § 1 (part), 1976)

If a person engages in, conducts, manages or carries on at the same time more than one of the activities for which a permit is required by this chapter, he shall be deemed to be engaging in, conducting, managing, or carrying on each such activity separately and apart from each other such activity, whether located on the same premises or not.

(Ord. 483 § 1 (part), 1976)

Application for any permit required by this chapter shall be made on such forms as are prescribed from time to time by the director.

(Ord. 483 § 1 (part), 1976)

A permit may be issued pursuant to this chapter to a corporation duly authorized to transact business in this state, or to a person operating under a fictitious name who has complied with all the provisions of Chapter 5 (commencing with Section 17900) of Part 3 of Division 7 of the Business and Professions Code. Otherwise all such permits shall be issued in the true name of the applicant. Except as above provided, no permittee may operate under any false or fictitious name. A permit issued to a corporation shall designate such corporation by the exact name which appears in the articles of incorporation of such corporation.

(Ord. 483 § 1 (part), 1976)

The county tax collector shall collect the permit fees and penalties as directed by this chapter, when he receives the approved application for a permit from the director.

(Ord. 483 § 1 (part), 1976)

The director shall issue without fee a permit to any individual applicant who otherwise would be entitled to such permit if such person files with the director a certificate by a licensed physician and surgeon or by the Bureau of Vocational Rehabilitation of the Department of Education of the state of California that he has not more than ten percent visual acuity in his better eye, with correction.

(Ord. 483 § 1 (part), 1976)

Excepting operators of organized camps, as defined in Health and Safety Code Section 18897, any applicant who is eligible for exemption from real property taxes under Revenue and Taxation Code Section 214, who conducts exclusively for charitable purposes an activity for which a permit is required by this chapter and from which there is to be derived no personal benefit through the distribution of profits, or payment of excessive charges or compensation, and any applicant wholly supported by tax revenues, shall not be charged any fee for any such permit. Facts-showing entitlement to the exemption shall be stated by affidavit filed with the director.

(Ord. 483 § 1 (part), 1976)

Where the director finds that a permit (whether in the form of a tag, plate, paper or card, sticker, or otherwise) has been lost, he shall issue a duplicate permit to the owner thereof upon payment of a fee in the amount provided for by this chapter.

(Ord. 483 § 1 (part), 1976)

Permits are not transferable from one person to another nor by the same person from one business location to another; provided, however, that a permit issued to a partnership may be transferred upon a reorganization of the partnership by addition or departure of a partner, if the partnership, as reorganized, applies for such transfer in the same manner as for a new permit and pays the transfer fee as provided in this chapter.

(Ord. 483 § 1 (part), 1976)

Every person having a permit under the provisions of this chapter and engaging in a business or activity at a fixed place of business shall keep such permit posted and exhibited in public view while in force. Such person engaging in a business or occupation and not having a fixed place of business shall carry such permit with him at all times while engaging in the business, occupation, or activity for which it was granted.

(Ord. 483 § 1 (part), 1976)

The director shall issue an appropriate metallic tag or gummed sticker for each vehicle or machine under permit at the time the permit is issued. The permittee shall keep such tag or sticker affixed to each vehicle or machine in a conspicuous place at all times. Where the applicant for such permit owns more than one vehicle or more than one machine, the director shall issue but one permit form which shall set forth, in addition to the information required, the number of vehicles or machines under permit for which the permit fee has been paid and tags or stickers have been issued.

(Ord. 483 § 1 (part), 1976)

If the director determines that any of the provisions of this chapter or of applicable statutes, quarantine orders, rules or regulations is not being complied with in the city, he may issue and serve upon the permittee a notice of intended suspension or revocation setting forth in clear and concise language the acts and omissions with which the permittee is charged and specifying the provision violated. The said notice shall specify a date and time not more than fifteen days following its service upon the permittee and place of hearing before the director or his agent designated in the notice, and shall be served on the permittee at least five days prior to the hearing. The permittee shall attend such hearing and may show cause, if any, why the permit should not be suspended or revoked. The director may, on his own motion or upon good cause shown by the permittee, continue any such hearing by giving notice to the permittee of the time and place of the continued hearing. At the close of the hearing or at any time within ten days thereafter, the director shall order such disposition of the permit, within the terms of the original or any amended notice of intended suspension or revocation, as he deems proper and such order in writing shall be served upon the permittee. The order of suspension or revocation shall be effective from the time of such service. If the permittee should fail to appear at any such noticed hearing or continued hearing, the director may make all such orders as he might make if the permittee were present.

(Ord. 483 § 1 (part), 1976)

In the event that the director determines that the immediate suspension of a permit issued under the provisions of this chapter is necessary in the interest of public health or safety, he shall suspend the permit by serving upon the permittee a notice of suspension effective forthwith, setting forth in clear and concise language the acts or omissions with which the permittee is charged and stating the right to an appeal hearing.

(Ord. 483 § 1 (part), 1976)

At any time within the fifteen-day period after a permit has been suspended or revoked pursuant to the provisions of Section 8.02.190, the permittee may, on a form provided by the director, request in writing an appeal hearing before the director. Failure to request an appeal hearing within fifteen days after the permittee has received notice of suspension or revocation shall be deemed a waiver of the permittee's right to such hearing. Upon the receipt of a request for an appeal hearing filed in accordance with the provisions of this section, the director shall schedule such hearing with fifteen days and notify the permittee in writing of the date, time and location of the appeal hearing at least five days prior to the hearing. The permittee shall attend such hearing and may show cause, if any, why the permit should be reinstated. The director may, on his own motion or upon good cause shown by the permittee, continue any such hearing by giving notice to the permittee of the time and place of the continued hearing. At the close of the hearing or any time within 10 days thereafter, the director shall order such final disposition of the permit as he deems proper and such order in writing shall be served on the permittee. The order of reinstatement, suspension or revocation shall be effective from the time of such service. If the permittee should fail to appear at any such noticed hearing or continued hearing, the director may make all such orders as he might make if the permittee were present.

(Ord. 483 § 1 (part), 1976)

No person shall conduct any business, occupation or activity requiring a permit to construct or health permit after said permit has been suspended or revoked by the director pursuant to the provisions of this chapter.

(Ord. 483 § 1 (part), 1976)

Notwithstanding any other provisions of this code relating to violations as infractions, any person who violates any provision of this chapter is guilty of a misdemeanor. Each offense shall be punishable by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term not exceeding six months, or by both such fine and imprisonment. Each day such offense continues shall constitute a separate offense.

(Ord. 483 § 1 (part), 1976)

All fees and charges provided for in this chapter shall be as fixed by resolution of the council from time to time.

(Ord. 483 § 1 (part), 1976)