Morgan Hill Municipal Code Ch. 8.04 Restaurants and Food Establishments

This chapter is for the protection of the public health, safety and welfare, and its provisions are to be liberally construed to obtain the beneficial purposes thereof.

(Ord. 74 § 16, 1957)

For the purposes of this chapter, unless the context indicates otherwise, certain words and phrases used in this chapter are defined as follows:

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

B. "Food establishment" means and includes 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 shall specifically include, but shall not be restricted to, grocery stores and warehouses; 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.

C. "Health officer" means the county health officer, his assistants or authorized deputies acting as the health officer of the city.

D. "Restaurant" means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunchroom or cafeteria, labor and construction camp kitchens and dining rooms, public boardinghouse, club and any other eating or drinking 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 chapter also includes all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors.

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

(Ord. 74 § 1, 1957)

It is 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 of the city, state, 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.

(Ord. 74 § 2, 1957)

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, the requirements of this chapter and the rules and regulations of the health officer of the city, 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. 74 § 3, 1957)

The permit fee for conducting a restaurant or food establishment shall be ten dollars per annum, and shall be payable in advance to the health officer upon the first day of January of each year. The permit fee for any portion of the year shall be ten dollars.

(Ord. 74 § 4, 1957)

The health officer is empowered to deny or withhold a permit for which an application has been made, if after investigation he finds that 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 ordinance of the city, or the rules and regulations of the health officer or laws of the state. If any such permit is denied, suspended or revoked by the health officer, it is 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 at such establishment.

(Ord. 74 § 5, 1957)

The health officer may suspend or revoke any permit authorized by the ordinance whenever he finds that the holder of such a permit fails or refuses to comply with the laws of the state, this chapter or any rules and regulations of the health officer.

(Ord. 74 § 6, 1957)

Permits for any restaurant or food establishment within the city, shall not be transferable. Every person, who sells, exchanges, gives away, abandons or discontinues any such restaurant or food establishment within the city, and every person who purchases or otherwise acquires any such restaurant or food establishment within the city, shall immediately notify the health officer, his assistant or his duly authorized representative as to the fact thereof.

(Ord. 74 § 7, 1957)

The health officer when authorized by the city council shall make such additional rules and regulations as may be necessary to secure the propersanitation of all restaurants or food establishments and for the proper and orderly administration of this chapter.

(Ord. 74 § 8, 1957)

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. 74 § 9, 1957)

Every restaurant shall be provided with hot and cold running water under pressure and the same shall be accessible to all rooms in which food is prepared or utensils are washed. The water supply shall be adequate and of the safe, sanitary quality. Hot and cold running water need not be provided if single service utensils are used exclusively.

(Ord. 74 § 11, 1957)

A. Every restaurant shall be provided with adequate and conveniently located toilet facilities on the premises for its employees or operators. There shall be a separate toilet room for each sex.

B. Every food establishment shall be provided with adequate and conveniently located toilet facilities on the premises for its employees or operators. Where both sexes are employed there shall be a separate toilet room for each sex.

C. Toilet rooms in restaurants and food establishments shall be not less than eighteen square feet in area and shall not open into any room or area in which food, drinks or utensils are handled or stored. The doors of all toilet rooms and ante rooms shall be self-closing. Toilet rooms shall be kept in a clean condition and in good repair, well lighted and ventilated to the outside air and effectively screened against insects and free from rodents. Floors shall be of cement, tile laid in cement, vitrified brick or other nonabsorbent material. All sewer drains shall be connected to an approved sewage disposal system, and shall be properly trapped. No toilet room or ante room shall be used for the storage of garments, food products or utensils.

(Ord. 74 § 12, 1957)

Adequate and convenient handwashing facilities shall be provided within or adjacent to toilet rooms, including running water, soap and approved sanitary towels, in all restaurants and food establishments. The use of a common towel is prohibited. No employee or owner shall resume work in a restaurant or food establishment after visiting the toilet without first washing his hands, and legible signs shall be posted in each toilet room directing to this requirement.

(Ord. 74 § 13, 1957)

It is 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, any sausage or other meat food product unless the same has been manufactured or prepared in accordance with the laws of the state.

(Ord. 74 § 15, 1957)

The health officer, his assistant and his duly authorized representatives, are 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.

(Ord. 74 § 10, 1957)

It is unlawful for any person, firm or corporation to sell, offer for sale, distribute or have in possession for sale or distribution in the city, 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. 74 § 14, 1957)

It is unlawful and a willful violation for any person, firm, corporation, or agent or employee of any person, firm, or corporation to violate any provision of this chapter or any rules and regulations made under this chapter.

(Ord. No. 2276 N.S., § 24, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 24, adopted May 2, 2018, amended § 8.04.170 in its entirety to read as herein set out. Former § 8.04.170 pertained to violation—penalty and derived from Ord. 74, § 17, adopted in 1957; and Ord. 1192 N.S., § 8, adopted in 1994.