Petaluma Municipal Code Ch. 8.08 Food ESTABLISHMENTS1

1 Editor’s Note: For statutory provisions authorizing local government units to enforce standards of sanitation

and health for restaurants, see Health and Safety Code §28693.

A. "Health oPcer" means the health oPcer of this city or his authorized representative.

B. In the construction of this chapter all words shall have the meanings as provided in the Health and Safety

Code of the State of California and in particular the California Restaurant Act.

(Ord. 960 NCS §1; prior code §12.1.)

The health oPcer shall administer and enforce the provisions of this chapter in addition to the provisions of state

law herein concerned and the rules and regulations promulgated by the state department of public health

thereunder. (Ord. 960 NCS § 1; prior code § 12.1.)

No person shall operate in this city any restaurant, itinerant restaurant, food vending vehicle, vending machine,

delicatessen, bakery, grocery, market, food or beverage drive-in or stand, food processing establishment, or any

other enterprise or establishment in which food or beverage is oQered for sale or sold, and concerning which the

health oPcer is required or permitted by state law to conduct periodic inspections or to act in the enforcement of

any statute, order, quarantine, rule or regulation prescribed by state law or by a state oPcer or department

relating to public health, without a valid local health permit. (Ord. 960 NCS §1; prior code § 12.2.)

Local health permits shall be issued only after application therefor to the health oPcer, investigation by the health

oPcer of compliance by the applicant with all applicable statutes, orders, quarantines, rules or regulations, and a

Nnding by the health oPcer that the applicant is in substantial compliance with such laws, rules and regulations

and this chapter. (Ord. 960 NCS § 1; prior code §12.3(a).)

Applications for local health permit shall be in writing on a form approved by the health oPcer and signed by the

applicant and shall include the items of information following:

A. Name and address of the establishment or enterprise for which the permit is sought, including, in the case of

multiple locations, the names and addresses of each enterprise or establishment;

B. Name and address of the applicant;

C. The general nature of the business of each enterprise or establishment;

D. The number of persons working in each enterprise or establishment on a representative day, being the

median number evidenced by social security tax returns during the preceding year;

E. The calendar year for which the permit or permits are sought;

F. The amount of inspection fee accompanying the application;

G. The date of the application.

(Ord. 960 NCS §1; prior code § 12.3(b).)

Each applicant shall pay the annual inspection fee or fees established by this chapter. So long as the health oPcer

of the county of Sonoma acts in the capacity of the health oPcer of this city the aforesaid fees shall be paid

directly to the county of Sonoma. (Ord. 1012 NCS §1; Ord. 960 NCS §1; prior code §12.4(a).)

Each itinerant restaurant, each food vending vehicle, each vending machine and each separate location of

business shall be deemed a separate enterprise or establishment for purposes of this chapter. (Ord. 1012 NCS §1;

Ord. 960 NCS §1; prior code §12.4(b).)

The city council may from time to time establish inspection fees for local health permits by resolution. (Ord. 1439

NCS §1, 1980; Ord. 1012 NCS §1; Ord. 960 NCS §1; prior code § 12.4(c).)

Upon receipt of the application and fees, the health oPcer shall investigate the enterprises or establishments for

which local health permits are sought to determine compliance with this chapter and with applicable state laws,

rules and regulations. (Ord. 960 NCS §1; prior code §12.5.)

The health oPcer shall issue a local health permit to the applicant for each location, enterprise or establishment

which is in compliance with such standards. The health oPcer shall not issue a local health permit to the applicant for any location, enterprise or establishment not in compliance with such standards, but shall give the applicant

written notice of deNciencies which preclude issuance of the permit. (Ord. 960 NCS § 1; prior code §12.6(a).)

Local health permits shall be valid for the calendar year in which issued plus thirty days. Each permit shall be

prominently posted in plain public view at the location or upon the equipment for which it was issued. Permits

shall not be transferable. (Ord. 960 NCS § 1; prior code §12.6(b).)

Permits shall be renewed upon application of the permittee during the Nrst thirty days of each calendar year. Each

application for renewal shall be in like form as an original application, but shall have the word "renewal" printed in

the lower right-hand corner of the Nrst page thereof. Each application for renewal shall be accompanied by the

fees herein Nxed. The health oPcer shall investigate and issue or deny a permit upon receipt of an application for

renewal in like manner as upon an original application. The Nling of an application for renewal of local health

permits shall automatically extend the term of the current permit issued for the location enterprise or

establishment until the date of notice of issuance or denial of a new permit. (Ord. 960 NCS §1; prior code § 12.6(c).)

In the event of a denial by the health oPcer of a permit as required by this chapter for any reason other than

nonpayment of the required fees or failure to Nle a proper application, the applicants may appeal in writing to the

city council from the decision of the health oPcer. The city council shall hold a public hearing at their next regular

meeting; provided, such meeting is at least ten days from the receipt of such written appeal by the city clerk. The

health oPcer shall appear at the hearing and render his report to the city council. At the conclusion of the hearing

or any continuance thereof, the city council may aPrm the action of the health oPcer, reverse the action of the

health oPcer, or take such other action as the city council deems appropriate. (Ord. 960 NCS § 1; prior code

§ 12.7.)