Fremont Municipal Code Art. II Food Establishment Permits

No person shall establish, construct, enlarge, improve, or reconstruct any food establishment, except a food vending vehicle or vending machine, without first submitting to the health officer, in triplicate, plans, specifications and other information as may be required by the health officer to determine compliance with this chapter; provided, that where any such establishment, improvement, enlargement, construction or reconstruction is subject to the provisions of the building code or the plumbing code of the city of Fremont (Chapters 15.10 and 15.20), zoning ordinance (Title 18), or other provisions of this code, the information required herein may accompany or be included within any plans, specifications or other information submitted in connection with the application of said building code or other said provisions of this code, with three extra copies of such plans, specifications and other information, provided by applicant, to be submitted to the health officer by the applicant or the building official or other appropriate official of the city. In cases where a new food establishment is proposed, the submission required herein may be accompanied by an application for a food establishment permit required pursuant to Section 8.50.090 before a new food establishment is opened for business; provided, that until the health officer makes an inspection and investigation required pursuant to Section 8.50.150 or Article V of this chapter, any approval or conditional approval of such plans, specifications, or other information shall not be final or binding upon the health officer or city in connection with the granting of an original food establishment permit or renewal thereof, until such inspection or investigation is completed and a final determination is made by the health officer that the provisions of this chapter have been complied with. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4200.)

No person shall open or engage in the business of operating a food establishment in the city without having a valid food establishment permit granted and issued by the health officer, which permit has not expired or been suspended or revoked. A permit may be granted and issued at any time. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4201.)

(a) Every person applying for an original annual food establishment permit, each renewal thereof, and each temporary permit, pursuant to the provisions of this article, shall at the time of making application for the permit pay the following inspection fees:

(1) For each food establishment, other than a food vending vehicle, food delivery vehicle, or vending machine, $10.00.

(2) For one or two food vending vehicles or food delivery vehicles under the same ownership or management, $10.00.

(3) For each food vending vehicle or food delivery vehicle in excess of two under the same ownership or management, $5.00.

(4) For each vending machine which is a food establishment, $2.00.

The above fees are cumulative; the applicant for a food establishment permit with a fixed place of business within the city, such as a restaurant, market, bakery or plant used to prepare food, shall pay not only the fees prescribed in subsection (a)(1) of this section, but also any other fees required pursuant to subsections (a)(2), (3), and (4) of this section; where more than one food establishment is located upon the same premises, such as a grocery, meat market and bakery within one “super market,” each such food establishment shall pay the fee prescribed for each such food establishment. In addition, other fees are required in certain situations pursuant to other provisions of this chapter.

(b) Permit holders which are institutions exempt from real property assessments and taxation are exempt from paying the fees established herein.

(c) Where there has been a failure to file the required application within the 30-day period specified in this article for an original annual or temporary permit or renewal of an annual permit, and the opening of a new food establishment has commenced (in the case of an original annual or temporary permit) or the operation of an existing food establishment has continued (beyond the expiration of an existing valid annual or temporary permit), without the required permit being granted, there shall be added to and collected with the inspection fees required herein a penalty equal to 10 percent of the fees or $1.00, whichever is the greater; and for each additional 30-day period or fraction thereof, after the expiration of the first 30-day period, that there is a failure to file such application and without such permit having been granted, an additional penalty in said amount shall be added and collected with the inspection fees. The imposition or payment of the penalty imposed by this section shall not be deemed to excuse the operation of a food establishment without the required permit or prevent the imposition of any other penalty prescribed by this chapter or other provision of law. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4202.)

(a) Thirty days or more before a new food establishment is proposed to be opened for business, a written application for an annual food establishment permit shall be filed with and obtained from the health officer; provided, that where the health officer finds that his/her duties and responsibilities will not be disrupted and that other applicants which have filed within the time required will not be delayed in being reviewed by the health officer, the health officer may excuse the late filing of an application. (A “new” food establishment shall mean not only the initial construction or opening of a food establishment but shall also mean the continued operation or reopening of a food establishment business which is or had been operating under a permit previously granted pursuant to this chapter but which is intended to be operated under a new permit holder or where the original permit has expired without being renewed or has been revoked.)

(b) The application shall set forth the following items of information:

(1) The name of the food establishment under which it is intended to do business and to be known to the public, and, where applicable, the address and telephone number of the food establishment;

(2) The names and addresses of all the persons who are the legal owners of the food establishment (the individual, sole proprietor, corporate, partnership or other legal name of all the fee title owners, lessors, lessees, sublessees, franchisors, franchisees and other persons which have a legal interest in the ownership and possess some degree of management control of the food establishment);

(3) The names, home addresses and telephone numbers of the managers or operators of the food establishment to whom notices may be sent or communicated by the health officer;

(4) A description of the location and premises wherein or whereon it is proposed to conduct the food establishment;

(5) The type and nature of the food establishment proposed (including the plans and specifications which may be required pursuant to Section 8.50.080 if such have not been previously submitted and approved pursuant to said section);

(6) The date the food establishment is proposed to be opened for business; and

(7) Such other information as may be required by the health officer in order to carry out the purposes of this chapter.

(c) The application shall be signed by at least one person who is a legal owner that has authority from all other legal owners, if any, to apply for the permit. The operator or manager of the food establishment shall not be an applicant or permit holder unless such person is also a legal owner and has signed the application.

(d) The person or persons signing the application shall have, without regard to number, the status of applicant and shall be deemed to be the permit holder if the application is granted and issued. If more than one person signs the application as the permit holder, a single addressee and address shall be specified in the application to whom and where official notices to the permit holder may be given. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4203.)

An application for a nonrenewable temporary permit not exceeding 14 days may be filed pursuant to Section 8.50.110 except that the application shall also state the inclusive dates of the proposed operation. If the permit holder who has obtained a temporary permit desires to continue operation of the food establishment beyond the date set forth in the application and approved by the health officer, or to resume operation at some later date or dates, a new temporary permit shall be applied for and obtained for each 14-day or lesser period of operation, or an annual permit shall be applied for and obtained pursuant to said Section 8.50.110. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4204.)

An original annual permit issued pursuant to Section 8.50.110 shall expire one year from the date on which the permit was issued. If the permit holder desires to continue in the business of operating the food establishment, the permit shall be renewed annually or until the operation of the food establishment is terminated. Application for renewal shall be made by the permit holder to the health officer not less than 30 days prior to the expiration of such permit, accompanied by the required fees; provided, that the health officer may excuse the late filing of an application on the same basis as for an original annual permit. Any change in the information contained in the original application or last prior application for renewal, and such other information as may be required by the health officer in order to carry out the purposes of this chapter, shall be set forth in the application for renewal. (Ord. 770 § 1, 3-24-70. 1990 Code § 4-4205.)

A food establishment permit is not transferable from one location (whether a fixed place of business or itinerant restaurant or food vending vehicle, food delivery vehicle or vending machine or other type of food establishment) to another location or from the permit holder to another person except that a transfer of the permit may be allowed among and between the legal owners of the food establishment listed on the original permit application, provided an application for such transfer is filed with the health officer, including such information as the health officer requires and which will enable him/her to readily find, in his/her sole and final discretion, that the type and nature of the food establishment and the management control thereof will not change, as a result of such transfer, to an extent which requires an investigation and inspection which should be made only in connection with an application for a new original food establishment permit; a fee of $2.00 shall be paid for each such transfer of a food establishment permit. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4206.)

(a) Upon the filing of an original application for a food establishment and the payment of the required fees, the health officer shall investigate the information contained in the application and the premises of the food establishment, and determine whether or not the food establishment conforms with the requirements of this chapter.

(b) Upon the filing of an application for renewal of an original permit and the payment of the required fees, the health officer may, in his/her discretion (provided the information contained in the application conforms with the requirements of this chapter) either (1) investigate the premises of the food establishment as in the case of an original permit application or in connection with the regular annual inspection pursuant to Article V of this chapter, or (2) if no violations of the requirements of this chapter have been found by the health officer at the food establishment for the last six months prior to the filing of the application for renewal, postpone such investigation of the premises until the next regular annual inspection, or cause for other investigation occurs, pursuant to said Article V.

(c) After making the necessary investigation the health officer shall grant and issue the permit if the food establishment is sanitary and otherwise conforms with the requirements of this chapter; otherwise, he/she shall deny such application; provided, that if the health officer finds that the food establishment is sanitary and otherwise conforms with the requirements of this chapter but the health officer is informed by the chief building official or other appropriate city official that the food establishment does not comply with the building code, plumbing code, zoning ordinance or other provisions of this code, the permit may be, at the discretion of the health officer, either denied without prejudice, or action thereon may be suspended for a stated period, not to exceed 90 days, at the conclusion of which the permit shall be denied without prejudice if such compliance with said provisions of this code has not been obtained.

(d) The health officer shall give written notice of the grant or denial of the food establishment application to the applicant. The health officer shall give such notice of grant or denial or suspension of action, in connection with applications for annual permits, not later than on the thirtieth day after the application is filed (accompanied by the required fees) for an original annual permit or renewal thereof. In connection with applications for temporary food establishment permits, the health officer shall give such notice not later than on the tenth day after the application is filed (accompanied by the required fees). Notice of the grant or denial of an application as to which action has been suspended as aforesaid shall be given within five days following expiration of the aforesaid stated period.

(e) If the application is denied, the health officer shall include a statement in the notice thereof that an opportunity for an administrative hearing before the health officer will be provided if a written request by the applicant is filed with the health officer within 10 days of such notice.

(f) If, upon the conclusion of all administrative and appeal proceedings provided in this chapter, the application is denied, no part of the fees paid shall be refunded.

(g) Every permit granted shall be subject to the express condition that it is subject to revocation or suspension upon findings made by the health officer of a violation of any provision of this chapter by the permit holder, operator, manager, employee, servant, agent, or any other person acting with the consent or under the authority of the permit holder or operator or manager of the food establishment.

(h) If the permit is granted, the permit holder or manager or operator shall inform the health officer of any subsequent changes or proposed changes in the information contained in the application. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4207.)

Every food establishment permit issued shall be kept posted in a conspicuous place in or on the food establishment for which the permit is granted. The health officer may prescribe on the permit, or by subsequent written notice, the location in or on the food establishment where such permit shall be kept posted. The permit shall not be defaced or marred, or camouflaged or hidden so as to prevent the general public from observing it. The permit may be deemed voided if removed from the location specified on the permit or subsequent written notice. A duplicate permit shall be obtained from the health officer by the permit holder (or on his/her behalf by the manager or operator) of the food establishment for any valid permit which has been defaced, marred, lost, stolen or misplaced; a fee of $2.00 shall be paid for each such duplicate permit. (Ord. 770 § 1, 3-24-70; amended during 2012 reformat. 1990 Code § 4-4208.)