Fremont Municipal Code Art. I General Provisions

This chapter may be referred to and cited as the “food establishment ordinance” of the city of Fremont. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4100.)

(a) The regulations and other standards of sanitation, health and hygiene for food establishments enacted in this chapter are adopted pursuant to the authority of Section 28693 of the California Restaurant Act (Cal. Health & Safety Code Division 21, Chapter 11). The city council finds that such regulations and other standards are more strict than those of the California Restaurant Act.

(b) The city council may, by resolution, adopt administrative rules and regulations to carry out the purposes of this chapter.

(c) The health officer shall enforce and administer the regulations and other standards of this chapter, as well as any provisions of the California Restaurant Act and state rules and regulations adopted thereunder which are not the subject of or covered by the regulations and other standards of this chapter.

(d) For the purposes of this chapter, any reference in the provisions of this chapter to compliance with or enforcement or violation of the provisions thereof shall be deemed to include reference to, and to require compliance with and enforcement of, not only the specific regulations and other standards set forth in or adopted pursuant to the provisions of this chapter, but also to said provisions of the California Restaurant Act and state rules and regulations adopted thereunder. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4101.)

Any word or phrase used in this chapter and not defined herein shall be given the meaning established for such word or phrase by the California Restaurant Act or, if not there defined, the definition of such word or phrase, if any and if not in conflict with the aforesaid, established pursuant to Chapter 1.10, or the common and ordinary meaning required by the context in which it is used. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

“Food delivery vehicle” means any vehicle as defined in Cal. Veh. Code § 670, or any mobile unit howsoever propelled, which is used for the wholesale or retail transportation or delivery of foods or beverages, except a vehicle used exclusively to transport or deliver foods or beverages which have been packaged, canned or bottled and which have been previously inspected by a regulatory governmental agency.

“Food establishment” means any and each restaurant, itinerant restaurant, food vending vehicle, food delivery vehicle, vending machine which dispenses perishable foods and beverages which are not bottled or canned, grocery, food market, meat or fish market, bakery, confectionery, delicatessen, ice plant, food or potable liquid packing or bottling plant, plant or room used to prepare any food or beverage product whatsoever that is dispensed elsewhere by machine (whether or not such food or beverage product is perishable and whether or not such dispensing machine is a vending machine), temporary or permanent food or beverage concession, winery, package liquor store which dispenses foods or beverages, or any other place in the city where food or beverages are prepared for sale, sold, stored, distributed, displayed for sale, served or given away.

“Food vending vehicle” means any vehicle as defined in Cal. Veh. Code § 670, or any mobile unit howsoever propelled, upon or from which any food or beverage is vended, displayed or given away.

“Health officer” means the county health officer or any other person regularly exercising the duty of health officer for the city, and their duly authorized agents; the health officer is the “local health officer” defined in Section 28535 of the California Restaurant Act.

“Perishable” means, with respect to food and beverage products, those products which support or are conducive to the growth of pathogenic micro-organisms such as fresh, cured, prepared or package meat or meat products, seafood or seafood products, custard and/or cream pies and pastries, wrapped or unwrapped sandwiches, salads, and milk or milk products.

“Restaurant” means any coffeeshop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including veterans’ club, boardinghouse, guesthouse, or political subdivision, which gives, sells, or offers for sale food to the public, guests, patrons, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. The term “restaurant” shall not include itinerant restaurants, vending machines, food delivery vehicles, cooperative arrangements by employees who purchase food or beverages for their own consumption and where no employee is assigned full time to care for or operate equipment used in such arrangement, or private homes; nor shall the term “restaurant” include churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages or which receive donations of food, food products, or beverages, for service without charge to their members, or for service or sale at a reasonable charge to their members, but does include service or sale of food or beverages to the general public for consumption on or off the premises at which the food, food products, or beverages are served or sold. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4102.)

(a) As declared by Section 1.15.040, any food establishment or activity which is found by the health officer to be a menace to the public health or safety or welfare and which is in violation of any provision of this chapter is a public nuisance. The health officer is authorized and empowered to take such action consistent with the law as is necessary to abate any such public nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety or welfare because of any such violation, the health officer is authorized and empowered to summarily abate such nuisance by any reasonable means.

(b) If no such immediate action is necessary to abate any such violation, the health officer shall inaugurate appropriate proceedings in accordance with Articles V, VI and VII of this chapter, or injunction proceedings through the city attorney upon authorization by the city manager or city council, or by misdemeanor prosecution in accordance with Sections 1.15.010 et seq.

(c) No person shall obstruct or interfere with the health officer in the performance of his/her duties of administering or enforcing the provisions of this chapter.

(d) The police and other appropriate officials of the city shall cooperate with the health officer in the enforcement of the provisions of this chapter.

(e) The remedies authorized herein are not exclusive, but are cumulative to other remedies provided by law. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4103.)

The health officer shall submit an annual report to the city manager outlining the accomplishments achieved and the major problems encountered in carrying out the purposes of this chapter. The health officer shall also submit any other information as directed by the city council or city manager. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4104.)

The health officer may require any person engaged in the operation or management of a food establishment to attend an available and approved course of instruction in food handling and such physical and other tests and examinations as he/she may deem necessary for protection of public health. The failure of any such person to attend and successfully complete such course of instruction may be cause for the suspension or revocation of a food establishment permit pursuant to Articles VI and VII of this chapter. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4105.)

Any notice required to be given by the health officer, in regard to a particular food establishment, pursuant to any provision of this chapter, shall be deemed to have been properly served, in regard to such food establishment, when either (a) such notice has been delivered personally to the permit holder of the food establishment, or to the manager or operator or other person in charge of the food establishment, or (b) such notice has been sent by certified mail, return receipt requested, to the last known address of the permit holder, and, if different than on the application filed with the health officer for the permit to operate the food establishment, or as indicated on supplemental information filed with the health officer. The health officer may, in his/her discretion, personally communicate with or send copies of any such notice to any one or more of the other persons, if any, listed on the permit application or who are otherwise known to the health officer as having some property interest in, or some management control over the operation of, the food establishment. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4106.)