Hercules Municipal Code Art. 2 Permits

It shall be unlawful for any person to operate a food handling establishment in the City without having a valid, unsuspended, unrevoked permit from the Health Officer, as provided in this Chapter. In any establishment having separate operations under separate management or ownership, each operation shall be required to have a separate permit. Permits shall be conditioned on compliance with all laws and regulations applicable to the subject person, premises or operation. Permits shall be issued only on written application on forms provided by the Health Officer and containing such information regarding the applicant and the premises or operation as the Health Officer deems necessary for the enforcement of this Chapter. Permits shall be dated, shall contain the name of the permit holder, and shall briefly describe or identify the licensed premises or operation.

Such permits shall be valid for one (1) year from date of issue, unless suspended or revoked before then.

Such permits shall not be transferable from one establishment, location or premises to another.

Such permits shall be posted and displayed in a conspicuous place.

No permit is required for vehicles transporting food to foodhandling establishments.

Fees as set by Resolution of the City Council are required for permits hereunder. Such fees are due and payable at the time of application for the permit or renewal thereof and if the renewal fee is not paid within thirty (30) days after due, the permit shall become void.

Upon the sale or transfer of an establishment, the permit therefor shall be void until a renewal application is approved. Either a fee in the amount of Two and no/100 ($2.00) Dollars shall be paid for the remainder of the license period, or a new annual permit shall be issued, at the option of the applicant. Inspection fees for operations commencing between annual billing periods shall be prorated on a monthly basis.

Every person working or handling food in any food handling establishment, with or without pay, shall secure a health permit from the Health Officer within thirty (30) days of first employment in the City. Such health permit shall be the negative report of the County Health Department chest x-ray or a letter from the Health Officer to the same effect. The permit shall be valid for two (2) years from the date of issuance and shall be replaced with a new permit prior to the expiration date. The permit shall be in the possession of such person during working hours and shall be readily available for inspection by the Health Officer.

It shall be the duty of each manager, operator or owner of any food handling establishment to employ only persons having a valid health permit.

Exemptions from the permits or fees required by this Chapter shall not constitute exemptions from the sanitary requirements set forth in this Chapter.

Whenever the Health Officer shall make a written finding that the public health is endangered by some act, omission or condition regulated by this Chapter, in connection with any premises or operations licensed pursuant to this Chapter, he may order the immediate cessation of such act, abatement of such condition, or action to correct such condition, and may order the temporary emergency suspension of the permit applicable thereto and its removal from such person or premises, and may post notice of such action in a conspicuous place on the premises. Such emergency suspension shall be in addition to, and not limited by nor in derogation of, any other authority or power which the Health Officer may have under present statutes or regulations. Such emergency suspension, as distinct from any other action authorized by law, shall be effective for a period of five (5) days including the first day upon which the permit was suspended. Any activity regulated by this Chapter shall be unlawful during the period of emergency suspension. At the end of such period, or sooner if the Health Officer finds that the public health is no longer endangered, the permit shall become valid again unless a hearing shall be ordered pursuant to the provisions of this Chapter.

Whenever a written complaint is filed with the Health Officer that some applicable law or regulation is being violated by any person, premises or operation required to be licensed, the Health Officer may order a hearing and after hearing may suspend such permit for not more than ninety (90) days, or until he is assured of compliance with the applicable laws or regulations, whichever is less, and may post notice of such action in a conspicuous place on the licensed premises. At the end of such period, when the Health Officer is satisfied of compliance, the permit shall become valid again. Any activity regulated by this Chapter shall be unlawful during the period of suspension.

A permit may be revoked and confiscated when it has been suspended once and violations of this Chapter or other applicable laws or regulations, or acts or omissions endangering the public health, continue, or when the Health Officer makes a written finding that correction of the situation is impracticable and that the public health is endangered thereby. The Health Officer may post notice of such action in a conspicuous place.

In the case of hearings under Section 5-3.211 of this Chapter, notice shall be written and delivered to the person involved or in charge of the premises or operations at least forty-eight (48) hours before the hearing. Other hearings shall be preceded by written notice, personally delivered, or mailed to the person to whom the permit was issued at the latest address on file with the Health Officer not less than five (5) days nor more than fifteen (15) days prior to the hearing date. The hearings shall be held in the City Hall unless some other location is specified in the notice. The hearings shall be conducted by the Health Officer himself or by his medical deputy in charge. Hearings shall not be continued or postponed for longer than ten (10) days from the original date without the consent of the permittee.

Appeals may be taken from the results of any hearing to the Council by a written notice of appeal stating fully the matters or action appealed from and the grounds for the appeal. Such notice shall be filed with the City Clerk within fifteen (15) days after the action appealed from. The Council shall schedule the appeal for hearing within thirty (30) days of the filing of the notice of appeal.