Chapter 7.48 — FOOD HANDLING ESTABLISHMENTS

"Bakery" means any room, building, premises or place which is used or operated for commercial baking, preparing, manufacturing, processing, or packaging of bakery products. It includes all rooms of a bakery in which bakery products or ingredients are stored or handled.

"Catering service" is a restaurant or other food establishment where food is prepared on the premises for serving elsewhere.

"Cocktail lounge, bar, or tavern" is a restaurant or portion thereof which is operated for the primary purpose of serving beverages.

"Employee" means any person working in a food establishment covered by this chapter.

"Establishment," as used in this chapter, means any restaurant, itinerant restaurant, retail food production or marketing place, bakery or any other place in the county where food or beverage is stored, prepared, or displayed for sale.

"Food handling establishment" as referred to in this chapter, means any room, building, place or portion thereof maintained, used or operated as a wholesale or retail food production or marketing establishment, restaurant, itinerant restaurant, bakery or any other type of establishment which sells, stores or handles food.

"Food or beverage" includes all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof for human consumption.

"Food processing establishment" means any premises used for the processing of foods for human consumption, whether for wholesale or retail sale.

"Food vehicle" is any vehicle or mobile unit upon which food or beverage is prepared, displayed, served, sold or given away, but not including food wholesale delivery vehicles. Includes or may be the same as "itinerant restaurant" or "Mobile food facility."

"Hawker" is limited to an itinerant food stand for the sale of produce and raw, nonprocessed agricultural food products.

"Health officer" means the health officer of the Inyo County health department, or his duly authorized representative.

"Itinerant food stand" is limited to a temporary premises where only pre-prepared, prewrapped, packaged and ready-to-eat foods and beverages are served.

"Itinerant restaurant" means any restaurant, operating from temporary facilities, which prepares, serves, offers for sale, or gives away food or beverage.

"Peddler" is any person or persons who sell food or beverages from a nonstationary location.

"Permit" means the public health permit to operate.

"Person" means any individual, partnership, firm or corporation.

"Restaurant" means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club, including veterans' club, boardinghouse, guest house, 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.

"Retail food production and marketing establishment," as used in this chapter, means any room, building, or place, or portion thereof, maintained and used or operated for or in conjunction with, the retail sale of food or preparation of food. This is to include grocery stores, meat markets, delicatessens, confectioneries, liquor stores, or any other type of establishment which sells, stores or handles food.

"Separate activity" means any additional secondary food activity carried out under the same ownership and/or management and normally within the same premises as the primary activity.

"Wholesale food establishment" is any food handling establishment or place where food is received, stored, repackaged or handled, and distributed for retail sale elsewhere or for wholesale sale on the premises.

(Ord. 251 § 1, 1974; Ord. 526 § 1, 1984; Ord. 1309, 9/3/2024)

It is the intent of this chapter to establish procedures to regulate food handling establishments pursuant to the California Health and Safety Code, which includes the California Restaurant Act, Retail Food Production and Marketing Establishments Law, Bakery Sanitation Law and all other applicable laws.

(Ord. 251 § 1, 1974)

It is unlawful for any person to do any of the following unless he has a valid permit issued by the health officer:

• A. Construct any establishment covered by this chapter;

• B. Construct any additions to or engage in the major remodeling of any establishment covered under this chapter;

• C. Operate, occupy, rent, lease, or sublease any establishment covered by the provisions of this chapter conducting any of the following activities:

  1. Bakery,

  2. Retail food establishment,

  3. Restaurant,

  4. Itinerant restaurant,

5. Any establishment which prepares, sells, stores or handles food.

(Ord. 251 § 1, 1974)

• A. Permit to Construct or Remodel. Any person constructing or engaging in the major remodeling of any establishment covered under this chapter shall first obtain authorization for such construction from the health officer.

• B. Permit to Operate.

  1. Existing Establishments. The owner, operator or manager of any establishment covered by this chapter, herein required to have a permit, in existence at the time the ordinance codified herein becomes effective, shall, prior to April 1, 1974, file with the health officer an application, upon a form provided by the health officer, to continue to conduct the same upon approval of the health officer. The application form approved by the health officer shall secure such information as is necessary for the administration of this chapter. Following receipt of the application by the health officer, the health officer shall make or cause to be made an inspection of the premises, and if the provisions of all local and state laws and regulations have been complied with, he shall so certify that fact to the applicant and issue a permit to operate, upon a form approved by the health officer.

  2. New Establishments. Any person, firm, or corporation intending to operate any establishment covered by this chapter shall, before opening or operating such an establishment make application to the health officer upon a form provided by such health officer. The application form approved by the health officer shall secure such information as is necessary for the administration of this chapter. Following receipt of the application by the health officer, the health officer shall within seven days make or cause to be made an inspection of the premises, and if the provisions of all local and state laws and regulations have been complied with, he shall so certify that fact to the applicant and issue a permit to operate, upon a form approved by the health officer.

• (Ord. 251 § 1, 1974)

• A. Duration of Permits. Permits to operate shall be issued annually by the health officer and cover the period of one year from the date of issuance.

• B. Placement of Permit. Permits for construction and operation shall be posted in a conspicuous place in the establishment.

• C. Permit Effective Date. Every permit issued hereunder shall bear on its face as "effective date" the date upon which said permit shall become effective.

• D. Separate Activities. If a person engages in, conducts, manages, or carries on at the same time more than one of the activities specified in subsection 7.48.030C, for which a public health permit is required by this chapter, a separate permit shall be procured for each activity, whether located on the same premises or not.

• E. Permit Not Transferable. Any permit issued under the provisions hereof is not transferable from one person to another person, or from one location to another.

• (Ord. 251 § 1, 1974)

A permit fee will not be required for nonprofit organizations pursuant to Section 28522 of the California Restaurant Act.

(Ord. 251 § 1, 1974; Ord. 526 § 2, 1984)

If it be determined by the health officer following any investigation or inspection of any place or business required by the provisions of this chapter to have a permit, that the operator, owner or manager has not complied with local or state laws and regulations promulgated thereunder, particularly the health and sanitary laws and regulations, the health officer shall immediately revoke the permit issued to the operator. (Ord. 251 § 1, 1974)

The owner, operator, or manager of any place of business hereunder required to have a permit, in which the permit to operate has been revoked, shall be required to completely correct the condition upon which the health officer based his or her reason for revoking the permit, and shall be required to make a new application for permit as provided in Section 7.48.040. Such application shall include a statement signed by the operator that the condition complained of by the health officer has been completely corrected. (Ord. 251 § 1, 1974)

At any time within a fifteen-day period after revocation or denial of a permit, the permittee may request a hearing in writing before the health officer to show cause why his or her permit should not have been revoked or denied.

A failure to request a hearing within fifteen days shall be deemed a waiver of a right to such a hearing. The health officer may call a hearing for investigating any violations that are applicable. (Ord. 251 § 1, 1974; Ord. 526 § 3, 1984)

The health officer may develop rules and regulations for the purpose of administering this chapter.

(Ord. 251 § 1, 1974)

It shall be the responsibility of the county health officer to administer and enforce provisions of this chapter. (Ord. 251 § 1, 1974)

Every applicant applying for a permit, either for an existing establishment or a new establishment, or for renewal of a permit previously revoked, or an expired permit under the provisions of this chapter, shall at the time of making the application pay a permit and inspection fee.

The fees required under this chapter shall be established under separate ordinance.

A request for a duplicate permit to operate shall be made in writing to the Inyo County health department within ten days after the destruction, loss or defacement of a permit to operate. A fee of two dollars shall be paid for issuing a duplicate permit to operate.

A fifty percent penalty shall be added to each of the foregoing fees for failure to pay the annual renewal fee thirty days after date of expiration of permit.

The foregoing fees shall be paid to the Inyo County health department who shall deposit said fees with the county treasurer. All such fees shall be credited to the county general fund. (Ord. 251 § 1, 1974; Ord. 526 § 4, 1984)

It is a misdemeanor to operate without a valid permit. Each day's operation without such a permit is a separate violation.

Any person violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than five hundred dollars, or by imprisonment in theCounty Jail for not more than six months, or by both such penalties. (Ord. 251 § 1, 1974)