Napa County Municipal Code Ch. 8.04 Retail Food Facilities

Pursuant to California Health and Safety Code Section 113700 et seq., the board of supervisors:

A. Determines that its expenses in the enforcement of statutes, orders, quarantines, embargoes, rules and regulations, prescribed by state offices or departments relating to retail food facilities, are not met by any fees prescribed by the state; and

B. Adopts the ordinance codified in this chapter in order to pay the reasonable expenses of its enforcement officer in such enforcement.

(Ord. 1233 § 4, 2004: Ord. 795 § 1 (part), 1985: prior code § 5000)

(Ord. No. 1369, § 5, 3-13-2012)

As used in this chapter:

"Delinquency date" means the day of the initial commencement of an activity, or the day for which a permit is required for renewal.

"Director" means the director of planning, building and environmental services and the director's designated deputies, assistants and employees.

"Food salvager" means any person who sells, displays, offers or gives for sale, or who reclaims for sale, or otherwise distributes any damaged or salvaged or reclaimed food or beverage, including but not limited to cans, bottles, packages or bulk, food in damaged containers, or containers subjected to fire, water or chemical damage or contamination. This shall be in addition to any other license required by this chapter.

"Minor remodel" means a remodel for which the cost of construction and equipment does not exceed fifteen thousand dollars, as determined by the director.

"Take-out" means the packaging or wrapping of prepared food for immediate consumption off the premises of a permitted activity.

(Ord. 1252 § 2, 2005: Ord. 1104 § 3, 1996; Ord. 910 § 2, 1989; Ord. 795 § 1 (part), 1985: prior code § 5002)

(Ord. No. 1369, § 6, 3-13-2012; Ord. No. 1379, § 29, 1-29-2013)

Adoption of California Retail Food Code. The California Retail Food Code, commencing at Section 113700 of the Health and Safety Code, is hereby incorporated in and made a part of this chapter by reference, the same as if such sections were set out verbatim herein.

(Ord. 1252 § 3, 2005: Ord. 1233 § 5, 2004: Ord. 910 § 1, 1989: Ord. 795 § 1 (part), 1985: prior code § 5001)

(Ord. No. 1369, § 7, 3-13-2012)

The director shall administer the provisions of this chapter. The director may promulgate necessary rules and regulations not otherwise in conflict with this chapter and other laws in order to effect its purpose.

(Ord. 795 § 1 (part), 1985: prior code § 5003)

A food facility shall not open for business without a valid permit issued pursuant to this chapter.

(Ord. 795 § 1 (part), 1985: prior code § 5004)

Any permit required by this chapter shall be in addition to any other permit or license required by law, and shall be subject to full compliance with, and in addition to, any other obligation imposed by law.

(Ord. 795 § 1 (part), 1985: prior code § 5006)

Application for a permit shall be made to the director, on a form provided by the director. A permit shall be issued to the applicant only upon payment of the appropriate fee, including penalties, and upon compliance with all other applicable laws, rules and regulations.

(Ord. 795 § 1 (part), 1985: prior code § 5008)

An application for a permit authorizing the activities regulated by this chapter, or for plan review, shall be accompanied by that fee established by resolution of the board of supervisors.

(Ord. 906 § 4, 1989: Ord. 837 § 9, 1987: Ord. 795 § 1 (part), 1985: prior code § 5014)

All permits issued under this chapter, except temporary food facility and occasional event permits, shall be valid for one year from date of issue.

(Ord. 1252 § 4 (part), 2005: Ord. 795 § 1 (part), 1985: prior code § 5009)

The director shall issue a permit to replace one which has satisfactorily been shown to have been lost or stolen.

(Ord. 795 § 1 (part), 1985: prior code § 5013)

On or before thirty days from permit expiration, the director shall mail to each person who obtained or renewed a license during that year, a notice and bill for the renewal of such permit.

(Ord. 795 § 1 (part), 1985: prior code § 5011)

The decision of a hearing officer to suspend or revoke a permit shall be final. An aggrieved party may obtain review of the decision of the hearing officer by filing a petition for review with the Superior Court of California, County of Napa, a unified court, in accordance with the provisions set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6.

(Ord. No. 1369, § 8, 3-13-2012)

Division II. Nuisances on Private Property