Monterey Municipal Code Art. 1 Health Permits

The provisions of this Article shall be enforced by any duly authorized employee or agent of the City and by the duly appointed representative of the County Department of Public Health. (Ord. 3674 § 5, 2023. Formerly 19-90)

a.No person, whether principal or agent, shall engage in the processing, manufacture, packing, preparing or selling, whether at wholesale or retail, including the vending by machines, any food or beverage for human consumption without first obtaining a health permit.

b.No person, whether principal or agent, shall engage in the business of a public laundry, barbershop, laundromat, beauty shop, bathhouse or tattoo parlor without first obtaining a health permit. (Ord. 3674 § 5, 2023. Formerly 19-91)

Applications for such permits shall be made in writing to the health officer, giving such information as he may require to carry out the purposes of this Article. If, after investigation, the health officer finds that the applicant and his place of business conform to all of the relevant sanitation and health laws and regulations of the state and City, he shall issue such permit for the specific place where such business is to be carried on. (Ord. 3674 § 5, 2023. Formerly 19-92)

Upon proof to his satisfaction of the violation by the permittee of any of such laws or regulations, the health officer may temporarily suspend or may revoke such permit. No person whose permit has been suspended or revoked shall continue to engage in or carry on the business for which the permit was granted, unless and until, in the case of suspension, such permit has been reinstated by the health officer. (Ord. 3674 § 5, 2023. Formerly 19-93)

a.All permits issued pursuant to this Article shall be kept posted by the permittee in a conspicuous place in the permittee’s place of business.

b.If any such permit is suspended or revoked, it shall be surrendered to the health officer upon his demand. (Ord. 3674 § 5, 2023. Formerly 19-94)

For the purposes of Sections 7-1.01 through 7-1.04, the term “health officer” shall mean the duly appointed representative of the County Department of Public Health. (Ord. 3674 § 5, 2023. Formerly 19-95)

No permit issued under this Article shall be transferable from person to person, nor shall it be valid for any other location than that for which it was issued. (Ord. 3674 § 5, 2023. Formerly 19-96)

a.Any person whose application for a permit has been denied or whose permit has been suspended or revoked may appeal such determination to the City Council.

b.Such appeal must be submitted to the City Clerk not later than thirty (30) days after notification of such denial, suspension or revocation. If no appeal is filed within thirty (30) days, the determination shall be final.

c.Upon receipt of an appeal, the City Clerk shall set the matter on the agenda of the next regular or adjourned meeting of the City Council; provided, that such meeting shall be at least ten (10) calendar days after receipt of such appeal. At least five (5) calendar days prior to the hearing, the City Clerk shall mail notice of such hearing to the person filing the appeal and to the health officer making such determination.

d.When any appeal is made from the action of the health officer suspending or revoking a permit, the filing of the written appeal shall operate to stay the suspension or revocation until final disposition of the appeal by the City Council. (Ord. 3674 § 5, 2023. Formerly 19-97)

Whenever the state requires a permit which, in the opinion of the health officer, substantially meets the requirements for permits to be issued under this section, such permit shall be deemed to comply with this Article. The determination by the health officer that such permit does not meet the requirements of this section shall be appealable in the same manner as set forth in Section 7-1.07. (Ord. 3674 § 5, 2023. Formerly 19-98)

Any fees required by the County for the issuance, renewal, inspection or other activities of the health officer in connection with the issuance and maintenance of health permits shall be applicable to the permits granted pursuant to this Article. Any such fees collected shall be the property of the County to defray the cost of administration of this Article. (Ord. 3674 § 5, 2023. Formerly 19-99)

Any person who violates the provisions of this Article shall be guilty of a misdemeanor. Such penalties are nonexclusive and shall not prohibit or prevent the City from concurrently or separately pursuing any other remedy at law. (Ord. 3674 § 5, 2023. Formerly 19-100)