Milpitas Municipal Code Ch. 2 Food Handling

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

(Ord. 14 (part), 4/20/54)

"Restaurant" means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunch room or cafeteria, labor and construction camp kitchens and dining rooms, public boarding house, club, and any other eating or drinking establishment which sells or offers for sale food to the public, as well as kitchens, box lunch establishment, catering services, barbecue pits in which food or drink is prepared on the premises for sale or distribution elsewhere. The term "restaurant" as used in this ordinance shall also include all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors.

(Ord. 14 (part), 4/20/54)

"Food Establishment" shall mean and include any public or private market, shop, store, delicatessen, candy factory, storehouse, warehouse, cold storage plant, or other plant, or other place, not a public eating or drinking establishment in or about which any food, foodstuffs or provisions are kept, held, sold, prepared or compounded, or offered for sale for human consumption. Such establishments will specifically include but shall not be restricted to: grocery stores and warehouse; candy and confectioners' plants or stores; bakeries; bottling works; food and condiment packers; fruit and vegetable stands; markets or other premises where meat or meat food products, sausage, fish, dressed poultry, rabbit or game are kept, stored, handled, manufactured or offered for sale; ice stations, all food processing or cannery plants of any type.

(Ord. 14 (part), 4/20/54)

"Utensils" includes kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles used in processing, storage, distribution or serving of food or drink.

(Ord. 14 (part), 4/20/54)

"Health Officer" shall mean the Santa Clara County Health Officer, his assistants or authorized deputies acting as the Health Officer of the City of Milpitas.

(Ord. 14 (part), 4/20/54)

It shall be unlawful for any person, firm or corporation to operate or conduct a restaurant or food establishment or to sell, offer for sale, distribute or have in possession for sale or distribution any food or drink intended for human consumption in the City of Milpitas, State of California, 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 California State Department of Health, by the Bureau of Meat Inspection of the California State Department of Agriculture, or by the Meat Inspection Division of the United States Department of Agriculture.

(Ord. 14 (part), 4/20/54)

Application for such permit shall be made in writing to the Health Officer. The Health Officer shall, upon receipt of such application, make or cause to be made, an examination of the premises for which such permit is requested. If, upon examination, the Health Officer, his assistant or his duly authorized representative, shall find such premises and the equipment therein to be in accordance with the laws of the State of California, the requirements of this Chapter, and the rules and regulations of the Health Officer of the City of Milpitas, and not otherwise, the Health Officer shall issue a revocable permit for the conduct of such business. Such permit 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.

(Ord. 14 (part), 4/20/54)

Permit fees shall be as established by the City Health Officer.

(Ord. 14.1, 11/6/73)

The Health Officer is hereby empowered to deny or withhold a permit for which an application has been made, if, in his 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 or are insufficient, unfit or incapable of being used, maintained, or established to comply with this or any other ordinances of the City of Milpitas, or the rules and regulations of the Health Officer or laws of the State of California. If any such permit shall be denied, suspended or revoked by the Health Officer, 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 City of Milpitas, at such establishment.

(Ord. 14 (part), 4/20/54)

The Health Officer may suspend or revoke any permit authorized by this Chapter whenever he finds that the holder of such a permit fails or refuses to comply with the laws of the State of California, this Chapter, or any rules and regulations of the Health Officer.

(Ord. 14 (part), 4/20/54)

Permits for any restaurant or food establishment within the City of Milpitas, shall not be transferable. Every person who shall sell, exchange, give away, abandon, or discontinue any such restaurant or food establishment within the City of Milpitas, and every person who shall purchase or otherwise acquire any such restaurant or food establishment within the City of Milpitas, shall immediately notify the Health Officer, his assistant or his duly authorized representative, as to the fact thereof.

(Ord. 14 (part), 4/20/54)

The Health Officer is hereby authorized to make such additional rules and regulations as may be necessary to secure the proper sanitation of all restaurants or food establishments and for the proper and orderly administration of this Chapter.

(Ord. 14 (part), 4/20/54)

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 he is holding or offering the same for sale.

(Ord. 14 (part), 4/20/54)

The Health Officer, his assistant and his duly authorized representative, are hereby authorized and directed to seize and destroy or denaturize any tainted, diseased, decayed or partially decayed, or unwholesome meat, fish, shellfish, fowl, fruits, vegetables, or other unwholesome food found within the City of Milpitas.

(Ord. 14 (part), 4/20/54)

It shall be unlawful for any person, firm or corporation, or agent or employee of any person, firm or corporation, to sell, offer for sale, distribute or have in possession for sale or distribution in the City of Milpitas, the flesh of any cattle, horse, sheep, lamb, swine, or goat, unless the same bears on each primal part thereof the "Inspected and Passed" stamp of an establishment operating under Federal inspection, State inspection or approved municipal inspection.

(Ord. 14 (part), 4/20/54)

It shall be unlawful for any person, firm or corporation, or agent or employee of any person, firm or corporation, to sell, offer for sale, distribute or have in possession for sale or distribution in the City of Milpitas, any sausage or other meat food product unless the same has been manufactured or prepared in accordance with the laws of the State of California.

(Ord. 14 (part), 4/20/54)