Long Beach Municipal Code Ch. 8.44 Food Facilities

Footnotes:

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Editor's note— ORD-26-0011 § 3(Exh. C), adopted May 5, 2026, repealed the former Ch. 8.44 §§ 8.44.010—8.44.230, and enacted a new Ch. 8.44 as set out herein. The former Ch. 8.44 pertained to similar subject matter and derived from ORD-24-0002 §§ 9—12, 2024; ORD-11-0030 § 3, 2011; Ord. C-6056 §§ 1, 2, 1984; and Prior code §§ 5510—5510.21, 5520.3, and 5520.4.

A. "Dealer" means and includes any person who sells or offers for sale, dispenses or delivers food at wholesale or retail, whether from a fixed place of business or otherwise, and includes the owner, agent, employee and servant.

B. "Food" means a raw, cooked, or processed edible substance, ice, beverage, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.

C. "Food handler" as defined in the California Health and Safety Code.

D. "Food Facility" as defined in the California Health and Safety Code.

E. "Mobile Food Facility" means any vehicle used in conjunction with a commissary or other permanent food facility which food is sold or distributed at retail, as defined by the California Health and Safety Code. For the purpose of the Mobile Food Facility ordinance and subsequent revisions, if any, Mobile Food Facilities are distinct from non-motorized sidewalk vending, which is regulated by the California Safe Sidewalk Vending Act (SB 946) and the City's Sidewalk Vending Ordinance (LBMC Chapter 5.73).

(ORD-26-0011 § 3(Exh. C), 2026)

No person shall operate, maintain, or conduct any temporary or permanent food facility, mobile food facility, or food operation without first complying with the requirements of this Chapter and applicable provisions of the California Health and Safety Code.

(ORD-26-0011 § 3(Exh. C), 2026)

A. No license or permit to operate any food facility or food operation in the City shall be issued or renewed or transferred by the Tax Collector unless such food facility or operation is first inspected by the Health Officer or designee.

B. Upon application being made to the Tax Collector for a license to operate a food facility or operation, or a renewal of either such license, the tax collector shall refer the application to the Department of Health and Human Services. The Health Officer or designee shall make or cause to be made an investigation of such applicant and the place where and the manner in which such food facility or operation is being operated and conducted. If the Health Officer or designee determines that the applicant conforms to the provisions of this Chapter and to the other provisions of this Code, and to all applicable State laws and statutes he shall authorize the Tax Collector to issue or renew the license, and the tax collector shall issue, renew or transfer such license; otherwise, the Health Officer or designee shall deny the application and the Tax Collector shall not issue, renew or transfer the license. The Health Officer or designee shall make his recommendation to the Tax Collector within ten (10) days after the filing of the application with the Tax Collector.

(ORD-26-0011 § 3(Exh. C), 2026)

No person shall engage in, offer, hold, or carryon the business of any type of Food Facility or Food Operation in the City without first having obtained a health permit as provided in this Chapter and the California Health and Safety Code. Any food facility proposing to remodel, make structural or operational changes, change its menu in a way that affects food preparation, or reopen after being out of business for more than six (6) months must submit plans to the Health Officer or designee for review and approval prior to beginning any work or resuming operations. These plans must include detailed information about the proposed modifications, equipment, layout, and food preparation processes to ensure compliance with all applicable health and safety regulations. Approval from the Health Officer or designee must be obtained before construction, remodeling, or operational changes take place.

(ORD-26-0011 § 3(Exh. C), 2026)

Every person desiring to carry on or conduct the business of any food facility or food operation in the City shall make a written application to, and upon forms furnished by, the Health Officer or designee. Such application shall be verified and state the name and address of the applicant, the address at which the business is proposed to be carried on, a brief description of the nature of the business, products to be prepared or sold, equipment, method of operations, name under which, driver's license number, phone number and email.

(ORD-26-0011 § 3(Exh. C), 2026)

The Health Officer or designee shall make or cause to be made an investigation of the applicant and the proposed place of business or Mobile Food Facility and the manner in which the food facility or Mobile Food Facility is to be conducted, and if they find that all provisions of the California Health and Safety Code have been complied with, they shall issue the permit; otherwise, the application for permit shall be denied. Such permits shall be good for one (1) year from date of issuance and shall be annually renewed in the same manner as that provided for the securing of a new permit. Such permits shall be nontransferable and nonassignable.

(ORD-26-0011 § 3(Exh. C), 2026)

A. The Health Officer or designee shall periodically conduct inspections of all places in the City where food is given away, prepared, stored, or sold to determine whether they comply with the requirements of this Chapter and other applicable laws or whether the activities on the premises constitute a public health hazard.

B. A food facility may be found to be a public health hazard where it is maintained in an unhealthful, unsafe or unsanitary condition. An unhealthful, unsafe or unsanitary condition exists where the location has faulty plumbing or any other condition resulting in sewage or wastewater discharge into any area not designed and intended to carry or hold such sewage or wastewater discharge; no hot water, no water; infestation by rodents, vermin or vectors; no means of sanitizing multi-use utensils; filthy premises or related or similar conditions.

(ORD-26-0011 § 3(Exh. C), 2026)

A. The City Health Officer or designee hereby finds and determines that any food facility which constitutes a public health hazard as defined in Section 8.44.061 is a public nuisance which should be abated.

B. If the City Health Officer or designee finds a food facility or food operation to constitute a public health hazard, the City Health Officer or designee shall order permit suspension and the business shall close and discontinue all operations immediately until the conditions creating a public health hazard have been cured and health permit is reinstated.

(ORD-26-0011 § 3(Exh. C), 2026)

All Mobile Food Facilities shall prominently display a valid city health permit and any required business license in a location that is clearly visible to the public at all times during operation. The permit and license shall be maintained in good condition and shall be presented upon request to any authorized enforcement officer or regulatory official.

(ORD-26-0011 § 3(Exh. C), 2026)

Whenever the Health Officer or designee determines from examination or inspection of any food facility or food operation Mobile Food Facility that the holder of any permit issued under the provisions of this Chapter has violated any of the provisions of this Code, California Health and Safety Code or any of the laws of the State regarding food facilities or food operation or the sale, preparation or distribution of food, they may serve a written notice upon the permittee to appear before the Health Officer or designee to show cause why the permit shall not be suspended. Such notice shall contain a brief statement of the alleged violation, and the time and place of hearing, which shall be held within ten (10) days after the receipt of notice. The permittee may appear in person or with counsel and present such evidence as he may desire regarding the alleged violation and show cause why the permit shall not be suspended or revoked. The Health Officer or designee shall receive such information, evidence and testimony as may concern the circumstances of the alleged violation, and the formal rules of evidence shall not apply. If the Health Officer or designee determines that any of the provisions of this Chapter or any other provisions of the California Health and Safety Code regarding food facilities or food operation are being violated, the health permit may temporarily be suspended, provided any such suspension period shall not exceed ninety (90) days. Reinstatement of suspended license shall not be affected unless the act, default or omission which was the grounds for suspension has been remedied prior to the time of reinstatement.

(ORD-26-0011 § 3(Exh. C), 2026)

Whenever any permit has been revoked under the terms of this Chapter, no other application for a permit to carry on a similar business by the permit holder shall be considered for a period of one (1) year from the date of such revocation.

(ORD-26-0011 § 3(Exh. C), 2026)

No person shall conduct any hotel, restaurant, cafe or other place where food is sold, served or offered for sale or service, to the public, upon orders therefor, without having displayed thereat a menu, bill of fare or other device, showing to the patrons thereof, the time of ordering food, the price of each kind of food and each combination of foods offered for sale or service thereat.

(ORD-26-0011 § 3(Exh. C), 2026)

No person shall conduct any cafeteria, or other place where food is sold, served or offered for sale or service to and in view of the public, without having conspicuously displayed immediately adjacent to each kind of such food and each combination of foods a card, tag or other device showing to the patrons thereof, at the time of ordering food, the price thereof.

(ORD-26-0011 § 3(Exh. C), 2026)

No operator, employee, or licensee shall operate, work in, or be employed in any Food Facility if, in the opinion of the Health Officer or designee, the individual is affected with, or is a carrier of, any communicable or infectious disease that may be transmitted through food or food contact.

Any person exhibiting symptoms of illness, including but not limited to vomiting, diarrhea, fever, jaundice, sore throat with fever, infected wounds, or other conditions that may contaminate food, equipment, or utensils, shall be excluded from food preparation, food handling, and service activities until such condition has resolved or the individual has been medically cleared as determined by the Health Officer.

All operators and employees shall comply with the applicable employee health and hygiene requirements of the California Health and Safety Code, Division 104, Part 7 and shall immediately report any such illness or condition to the permit holder or person in charge.

The Health Officer may require medical clearance or take other necessary actions to protect public health.

(ORD-26-0011 § 3(Exh. C), 2026)