Los Gatos Municipal Code Art. II Operating Permit

(a) No person shall operate or conduct a restaurant or food establishment or sell, offer for sale, distribute or have in possession for sale or distribution any food or drink intended for human consumption in the Town, unless possessing a permit to do so from the Health Officer and paying the permit fee required to be paid by this chapter. No permit shall be required of any food processing, cannery or other food establishment licensed by the State Department of Health, by the Bureau of Meat Inspection of the State Department of Agriculture or by the meat inspection division of the United States Department of Agriculture.

(b) The presence, in or about the place of business of any person dealing in food, or in or about any vehicle used by any such person for the delivery of the same, of any food, shall be prima facie evidence of intent on the part of such person to sell the same and of the fact that such person is holding or offering the same for sale.

(Code 1968, § 13-2)

Application for the permit required by this article shall be made in writing to the Health Officer.

(Code 1968, § 13-3)

The Health Officer, upon receipt of an application for a permit under this chapter, shall make or cause to be made an examination of the premises for which such permit is requested.

(Code 1968, § 13-4)

If, upon examination, the Health Officer shall find the premises for which a permit under this chapter is desired, and the equipment therein, to be in accordance with the laws of the State, the requirements of this chapter and the rules and regulations of the Health Officer, and not otherwise, the Health Officer shall issue a revocable permit for the conduct of such business.

(Code 1968, § 13-6)

The Health Officer is empowered to deny or withhold a permit for which an application has been made under this article if, in the Health Officer's judgment, the building, premises, equipment, apparatus or reasonable facilities for the establishing, maintaining, conducting or operating the business or institution for which a permit is requested, is insufficient, unfit or incapable of being used, maintained or established to comply with this chapter, or any other ordinances of the Town, or the rules and regulations of the Health Officer or laws of the State. If any such permit is denied, suspended or revoked, it shall be unlawful during the period of such denial, revocation or suspension for any person to sell or traffic in any food or drink products in the Town at such establishment.

(Code 1968, § 13-8)

The Health Officer may suspend or revoke any permit issued pursuant to this article whenever the Health Officer finds that the holder of such permit fails or refuses to comply with the laws of the State, this chapter, or any rules and regulations of the Health Officer.

(Code 1968, § 13-9)

Every permit under this article shall be issued annually for the calendar year and shall not be transferable. Renewal of permits shall be applied for and acted upon in the same manner as original permits.

(Code 1968, § 13-7)