Lemoore Municipal Code Ch. 5 Food Handling

The following terms used in this Chapter shall have the meanings indicated below:

HEALTH DEPARTMENT or DEPARTMENT: The Kings County Health Department, which acts as the Health Department of the incorporated cities in Kings County pursuant to resolutions made under the provisions of sections 476 and 477 of the Health and Safety Code of the State of California.

HEALTH OFFICER: The County Health Officer or his deputy or assistant duly authorized to act in his behalf in case of his absence or incapacity.

INSPECTOR: A sanitarian, as defined in Health and Safety Code section 517, employed by the Health Department, or the Health Officer or any deputy health officer authorized to inspect premises or equipment for the enforcement of this Chapter.

PREMISES: Includes land, buildings and vehicles wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or on such premises. (1975 Code §8-2.01)

It shall be unlawful for any person or other legal entity to operate, within the incorporated area of the City, any business in which food is prepared, sold or served for public consumption upon the premises or elsewhere, or any food processing or manufacturing plant, or any store, vehicle or facility for the sale, storage or retail or wholesale distribution of foods or beverages without first applying for and receiving a food vending permit for such operation issued by the Health Department under the provisions of this Chapter.

The places of business for which such permits are required shall include, but shall not be limited to, any restaurant, cafe, lunch counter, cafeteria, soda fountain, ice cream parlor, soft drink stand, fruit and vegetable stand, grocery, meat market, baker, popcorn or peanut stand, bottling plant, wholesale warehouse, food vending vehicle and business which service vending machines located in the City, regardless of the location of the facilities from which such vending machines are serviced.

Every applicant for a food vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the location of the food handling business, the character of the business which is proposed to be conducted and such other information as the Health Department may require.

No permit shall be granted, renewed or reinstated unless the Health Department determines, upon making an investigation, that the place of business for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist on the premises which are, or which may be, unsafe, unsanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public, nor shall a permit be granted, renewed or reinstated unless the Health Department determines that the condition of the premises is in accordance with the requirements of all applicable provisions of the California Health and Safety Code, of this Chapter and of all rules and regulations promulgated under Section 3-5-13 of this Chapter and that said premises are capable of being operated in accordance with such laws and regulations.

The fee for the permit under this Chapter shall be ten dollars ($10.00) per year for businesses employing five (5) employees or less, plus one dollar ($1.00) for each employee in excess of five (5).

Permits may be granted at any time during the year and shall expire one year from date of issuance. Each permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued. (1975 Code §8-2.02)

A. Plans and Specifications: Prior to the construction, conversion or alteration of a building for use as a food establishment, or construction or purchase of a model of vehicle not previously under permit to any person in the City, two (2) copies of the plans and specifications therefor shall be submitted to the Health Department. The Health Officer or his authorized deputy shall thereafter issue his certificate stating what modifications, if any, he deems required for compliance with applicable laws and ordinances. (1975 Code §8-2.04)

B. Sanitation Requirements: All businesses and premises for which a permit is required by this Chapter shall be constructed, equipped, operated and maintained so as to comply with the provisions of articles 2 through 6, inclusive, of division 21, chapter 11, Health and Safety Code of the State of California. (1975 Code §8-2.05)

A. Food Handler's Card: It shall be unlawful for any person to engage in the handling, serving, preparation or storage of food or drink in any bakery, butcher shop, restaurant, hotel, fountain, tavern or other eating or drinking place in the City, or in the sanitizing of utensils in any of the foregoing establishments for a period of time longer than fifteen (15) working days, or for any food establishment operator to employ or permit any person to engage in such activities therein for longer than said period of time unless such person holds a food handler's card issued by the Kings County Health Officer. All food handlers' cards shall expire one year from the date of issuance, and a fee of one dollar ($1.00) shall be charged for each card issued.

B. X-Ray Card: As a prerequisite to the issuance of a food handler's card, every person engaged in the aforesaid activities must obtain and have in his possession a current and negative X-ray card which may be obtained without charge from the Kings County Health Department.

C. Additional Requirements: In addition to the said X-ray examination, the Health Officer may, as a prerequisite to the issuance of a food handler's card, impose any other requirement including physical or other tests and examinations which may be necessary for the protection of the public health. The Health Officer shall not give any treatment required for any condition revealed by such examination or such tests, and the said Kings County Health Department shall not be responsible in any manner for the cost of such treatments. (1975 Code §8-2.03)

It shall be a violation of this Chapter for any person to deny or hinder entry by an inspector for the purpose of inspecting any of the premises described in Section 3-5-2 of this Chapter, or any portion thereof; and in such event, the inspector may forthwith suspend the food vending permit issued for the premises. (1975 Code §8-2.10)

A. Notice of Violation: When any of the aforesaid laws, this Chapter, or rules and regulations have been violated, an inspector may serve written notice thereof entitled "Notice of Violation", specifying:

• 1. The acts and conditions constituting each violation;
• 2. The provision or provisions violated thereby;
• 3. The corrective steps required;

4. The date by which all such corrections must be completed allowing a reasonable period therefor;

5. That the permittee has a right to a hearing, upon request, and

6. That if no hearing is requested and if the Health Department does not receive notice that all such corrections have been made before nine o'clock (9:00) A.M. of the date named under paragraph 4 above, the permit will be suspended from that time until such violations are corrected. (1975 Code §8-2.07)

B. Hearing: The permit holder shall have the right to a hearing on all violations listed in the notice. The permit shall, however, be suspended unless the Department receives from the permit holder, before nine o'clock (9:00) A.M. of the date specified under subsection A4 above, a written or oral request for a hearing or notice that all violations have been corrected as specified.

The hearing shall be held by the Health Officer or his duly authorized representative who is a qualified sanitarian as defined in section 517 of the Health and Safety Code and registered as provided in section 519 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measures taken.

The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall either:

• 1. Suspend the permit until it is corrected, or
• 2. Extend the time or modify the measures to be taken for correction before suspension, or
• 3. Declare that the violation has been corrected so as to comply with the applicable law, or
• 4. Declare that there was no violation. (1975 Code §8-2.08)

A. Suspensions:

1. A permit issued under this Chapter or its predecessor may be suspended, under the procedure set forth herein, for any of the following reasons:

a. Violation of State law,

b. Violation of this Chapter,

c. Violation of the rules and regulations adopted pursuant to Section 3-5-13 of this Chapter, or

d. Upon a recommendation for revocation of the permit, pending a hearing thereon. (1975 Code §8-2.06)

2. Whenever an inspector finds unsanitary or other conditions in the operation of any food establishment which, in his judgment, constitute an immediate and substantial hazard to the public health, he shall issue a written notice to the permit holder or person in charge of the premises as provided in subsection 3-5-10A of this Chapter, except that, instead of the matter specified under paragraph 3-5-10A6, it shall state that the permit is immediately suspended and shall set forth the substance of the following sentence: Any person to whom such an order is issued shall immediately comply therewith; but, upon request made to the inspector who orders the suspension, or to the Health Officer or his authorized representative, either personally or by telephone or in writing, he shall be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request. (1975 Code §8-2.11)

B. Revocation for Repeated Violations: If there shall have been three (3) or more notices of violation issued within the twelve (12) month period immediately preceding the current violation as to the premises in question as provided in subsection 3-5-10A of this Chapter, and not overruled upon hearing, the order of the person conducting the hearing or, if no hearing is held, of the inspector, who is responsible for the third such notice, shall recommend to the Health Officer whether or not the permit shall be revoked as provided below. If it is so recommended, the permit may be ordered suspended forthwith by the Health Officer, pending the hearing on such proposed revocation.

Upon such a recommendation for revocation by the person conducting the hearing, the permit in question may be revoked by the Health Officer after hearing, upon his finding that such violations were serious enough and showed such lack of responsibility towards the public health as to require such revocation to protect the public health. (1975 Code §8-2.09)

When any permit is first suspended hereunder, or when any premises governed hereby as defined in Section 3-5-2 of this Chapter shall have been closed for business and left in an unsanitary condition, the Health Department shall have the power to insure that the premises are closed down in a manner which will not endanger the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable to remedy the condition of the premises, the owner of the premises shall be notified of the unsanitary condition and shall be required to take such remedial action as may be necessary to alleviate such condition. (1975 Code §8-2.12)

The health officer may adopt and enforce rules and regulations necessary to administer this chapter, including regulations pertaining to:

A. Forms for applications, permits and notices.

B. Forms and procedures for hearing upon the granting.

C. Inspections of premises and reporting thereon. (1975 Code §8-2.13)

A. This chapter shall not apply to cigar stands or other places of business or vehicles where no food of any kind is sold, other than candy, or soft drinks received and sold in sealed containers, nor to vehicles engaged in the delivery of food products to wholesale or retail establishments for resale. (1975 Code §8-2.02)

B. This chapter shall not apply to 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 or to the general public at occasional fundraising events for consumption on or off the premises at which the food, food products or beverages are served or sold if the service or sale of such food, food products or beverages does not constitute a primary purpose or function of the club or association and if no employee or member is assigned full-time to care for or operate equipment used in such arrangement. (1975 Code §8-2.02)

C. This chapter shall not apply to the lawful conduct of permittees acting pursuant to section 5-2-5 of this code. (Ord. 8906, 9-19-1989)