Modesto Municipal Code Art. 1 Sanitary Regulations

For the purpose of this article, the term "Health Officer" shall mean the public health authority of the City, or his duly authorized representative.

(Ord. 724-N.S., § 1)

The Health Officer, or such representatives as he/she may authorize, shall be responsible for the enforcement of the provisions of this title insofar as they relate to health and sanitation, and are authorized to issue a written notice to appear, pursuant to the provisions of Penal Code Section 853.6, whenever they have reasonable cause to believe that a violation of this title has been committed in their presence. The Public Works Director shall be responsible for enforcing the provisions of these regulations insofar as they relate to the functions and duties of his/her department. Any enforcement officer, so named, shall have the right to enter any and all premises for the purposes of determining the sanitary condition thereof, if there are reasonable grounds to believe that the violation of these regulations is occurring; and any person denying or obstructing such entry shall be guilty of a misdemeanor and subject to the penalty provided by this Code.

(Ord. 724-N.S., § 2, amended by Ord. 388-C.S., Ord. 1742-C.S., § 1, Ord. 3129-C.S., § 1, and Ord. 3365-C.S., § 1, effective 12-9-04)

It shall be unlawful for any person owning, controlling or carrying on as principal or agent or otherwise in the City the business of manufacturing, processing, distributing, storing or selling of any food, beverage or any other product intended or offered for human consumption without first applying for and securing a permit in writing to do so from the Health Officer.

It shall be unlawful for any person to own, to control or to carry on as a principal, agent or otherwise in the City the business of a hotel, a motel, an apartment house, a lodging house and/or a rooming house accommodating more than five (5) boarders or tenants, without first applying for and securing a permit in writing so to do from the Health Officer. Any permit issued under the requirements of this section shall not be transferred or sold.

(Ord. 724-N.S., § 3, amended by Ord. 388-C.S., effective 6-30-60)

Any person intending to operate or conduct any place of business herein required to have a permit shall, before opening or operating such place of business, or engaging in such occupation, make application to the Health Officer upon a form provided by such Health Officer, giving the name of the owner and/or manager thereof, the location thereof and such other information as the Health Officer may require for the effective administration of this article. Said application shall include a statement that such applicant will observe the provisions of the laws of the City and any rule or regulation provided by the statutes and laws of the State.

Immediately following receipt of said last-mentioned application by the Health Officer, he shall make, or cause to be made, an inspection of the premises; and if the provisions of the laws of the City and all rules or regulations provided by the statutes and laws of the State have been complied with, he shall so certify that fact to the applicant and issue a permit to operate and conduct said business or to engage in such occupation upon a form approved by said Health Officer.

(Ord. 724-N.S., § 5)

No permit to operate or conduct such place of business or engage in such occupation shall be issued to any person until all of the provisions of this Code and rules or regulations provided by the statutes and laws of the State have been fully complied with.

Every permit issued hereunder shall recite and bear on its face the date upon which said permit shall become effective.

Every permit shall be kept posted in a conspicuous place in or on the establishment where such business is operated or conducted or such occupation is carried on for which the permit is issued.

(Sec. 6, Ord. 724-N.S.)

The Health Officer shall make periodic inspections of all places of business or of occupations operating under a permit issued as required by this article. If he finds that any holder of a permit is violating any of the provisions of this Code or any rule or regulation provided by the statutes and laws of the State, or the rules and regulations of the Health Officer, the Health Officer shall serve a notice in writing on the holder of such permit, either in person or by registered mail, ordering and directing such permit holder to place the said building, premises, equipment, apparatus, vehicle or reasonable facilities for the establishment, maintaining, conducting or operating the business or institution for which a permit is issued, in a condition so as to comply with the laws of the City and/or any rule or regulation provided by the statutes and laws of the State, within a reasonable time after serving said notice as aforesaid. Said period of time within which to comply with the terms of said notice shall be fixed by the Health Officer as, in his discretion, he shall determine, and in no event to exceed ten (10) days from the date of the service of said notice.

If, within the period of time fixed by the Health Officer in said notice, a permit holder fails or neglects or refuses to comply with the terms and demands of said notice, the Health Officer shall immediately suspend said permit issued to said permit holder; and said holder of said permit shall immediately cease to do and/or perform any of the acts, or exercise and/or enjoy any of the rights or privileges granted to him/her under and by virtue of said permit until the Health Officer examines into the matter of the suspension of said permit as set forth in this article. The Health Officer shall have the right to revoke said permit after conducting a hearing on the matter if he finds that the holder of a permit has not complied with the provisions of this chapter.

(Sec. 7, Ord. 724-N.S., amended by Ord. 388-C.S., effective 6-30-60)

The Health Officer, within not less than three (3) nor more than seven (7) days after the service of notice of suspension of said permit, shall fix a time and place for a hearing when he shall examine into the matter of said suspension of said permit. The Health Officer, in his discretion, may continue to enforce the suspension of such permit for such period of time as he may deem necessary under all of the circumstances of the case.

(Sec. 8, Ord. 724-N.S., amended by Ord. 388-C.S., effective 6-30-60)

The owner, operator or manager of any place of business required by this article to have a permit (and where said permit to operate as hereinabove provided, has been revoked) shall be required to completely correct and remedy the objectionable conditions upon which said Health Officer based his reason for suspending or revoking said permit; and in such case said permit holder shall be required to make a new application for a permit as hereinabove provided.

Such new application shall include a statement by the applicant for such new permit that the condition theretofore complained of by the Health Officer has been completely remedied and corrected.

(Sec. 9, Ord. 724-N.S.)

Any permit, for which application is made under the provisions of this article, may be granted at any time during the year. All permits shall be valid for one (1) year after the date issued at which time they shall expire.

(Sec. 10, Ord. 724-N.S., amended by Ord. 388-C.S., effective 6-30-60)

The holder of any permit provided for by the terms of this article which is subject to automatic expiration one (1) year following its date of issuance shall, if he desires to continue to operate or conduct such business or engage in such occupation for which the original permit was issued, make application for renewal of said permit within thirty (30) days following its expiration.

Provided, that in the event said owner, operator or manager of such business, or person engaged in such occupation, has not, prior to filing said new application for renewal of permit, and/or subsequent thereto violated any of the provisions of this Code, then his right to operate and conduct such business or engage in such occupation shall not be affected or terminated until such application for renewal of permit has been acted upon by the Health Officer, or such renewal of said permit has been denied by the Health Officer.

(Ord. 724-N.S., § 11, amended by Ord. 388-C.S., effective 6-30-60)

It shall be unlawful for any person to prepare, dispense or serve food or drink in any public eating place in which any eating or drinking utensils used in such public eating place are not cleaned, washed and sanitized by means of a three-compartment noncorrosive metal sink with a metal drainboard or a mechanical dishwasher of a type approved by the Health Officer.

(Ord. 724-N.S., § 12, amended by Ord. 388-C.S., effective 6-30-60)

All markets and food-handling establishments shall provide a space on the premises for the holding, storage or disposing of garbage and swill. The standards of space enclosure shall be determined by the Health Officer and the Chief Building Official.

(Added by Ord. 388-C.S., effective 6-30-60)