Pinole Municipal Code Ch. 5.40 Food Handling Establishments

* For statutory provisions pertaining to sanitation of restaurants and/or food handling establishments, see Health and Safety Code § 28250 et seq. ; for statutory provisions pertaining to local rules and regulations of food handling establishments, see Health and Safety Code § 28693.

A. EMPLOYEE. Any person who, with or without pay, works or handles food in a food-handling establishment or who offers food for sale.

B. FOOD. All articles used for food, drink, confectionery, or condiment, whether simple of compound, and all substances and ingredients used in the preparation thereof.

C. FOOD-HANDLING ESTABLISHMENT. Restaurants and food-selling and processing establishments, except that this chapter shall not apply to meat, milk, and poultry processing establishments, frozen food lockers, canneries and slaughterhouses inspected by Federal or state agencies, nor to such other plants and establishments for the packing, treatment and processing of agricultural products and crops of all kinds, including but without limiting the generality of the foregoing plants or establishments for the packing, treating, canning, freezing, dehydrating and other processing and packaging of agricultural products and crops, and the manufacture or other processing of by-products therefrom, where such plants or establishments and/or the products thereof are subject to inspection by Federal and/or state agencies, to insure that such products are in a good and sanitary state and condition and suitable for human consumption and which do not sell or deliver directly to the ultimate consumer.

D. FOOD SELLING AND PROCESSING ESTABLISHMENT. Any room, building, vehicle, facility, structure, or place or portion thereof, whether stationary, movable, permanent or temporary, which is maintained, used or operated for the purpose of commercially selling, storing, packaging, transporting, making, cooking, mixing, processing, bottling, canning, packing, slaughtering or otherwise preparing or handling food, or vendors servicing vending machines handling unwrapped, unbottled or unpackaged or readily perishable food. This does not include restaurants, tank trucks, fresh produce trucks, farm trucks or vehicles delivering only nonperishable food products in sealed, wrapped or bottled containers.

E. HEALTH OFFICER. The Health Officer of the City of Pinole, his or her medical deputies, his or her sanitarians, or his or her duly authorized representatives.

F. ITINERANT FOOD-HANDLING ESTABLISHMENT. One which operates for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.

G. PERSON. Any individual, firm, copartnership, corporation, or association.

H. RESTAURANT. Any restaurant, coffee shop, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain, vehicle and any other eating or drinking establishment which sells or offers food or drink for sale to the public, as well as kitchens in which food or drink is prepared on the premises for sale or distribution elsewhere.

I. UTENSILS. Includes kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles, supplies or other equipment used for the storage, preparation, distribution or serving of food or drink. (Ord. 114 § 1, 1958).

It is unlawful for any person to operate a food-handling establishment in the city of Pinole without having a valid, unsuspended, unrevoked permit from the health officer, as provided in this chapter. In any establishment where there are separate operations under separate management or ownership, each such operation is required to have a separate permit. Permits must be conditioned on compliance with all laws and regulations applicable to the subject person, premises or operation. Permits shall be issued only on written application, on forms provided by the health officer and containing such information regarding the applicant and the premises or operation involved as he or she deems necessary to facilitate enforcement of this chapter. Permits shall be dated and contain the name of the permittee and briefly describe or identify the licensed premises or operation. (Ord. 114 § 2.1, 1958).

Such permits shall be valid for one year from date of issue, unless suspended or revoked before then. (Ord. 114 § 2.2, 1958).

Such permits shall not be transferable from one establishment, location or premises to another. (Ord. 114 § 2.3, 1958).

The permit shall be posted and displayed in a conspicuous place. (Ord. 144 § 2.4, 1958).

No permit is required for vehicles transporting food to food-handling establishments. (Ord. 114 § 2.5, 1958).

No permit shall be issued by any city agency to any person proposing construction or alteration of any structure for use as a food-handling establishment until such plans as relate to this chapter have been approved by the health officer. (Ord. 114 § 2, 1958).

A. The following fees are required for permits hereunder, and are due and payable at the time of making application for the permit, or renewal thereof, and if the renewal fee is not paid within thirty days after due, the permit becomes void:

1. Food-handling establishments, eight dollars per year;

a. Restaurants,

b. Food-selling and processing establishments;

2. Exceptions from eight dollars per year fee:

a. Incidental food selling, two dollars per year; snack stand incidental to main business operation with less than one hundred dollars retail value of food in stock; this does not include vending machines,

b. Itinerant food handling, two dollars per booth or vehicle per year:

i. Carnivals and fairs;

ii. Itinerant fruit and/or vegetable peddlers;

c. Delivery vehicles, two dollars per vehicle per year; this applies to any vehicle delivering food products directly to the consumer,

d. Nonprofit temporary food stands, no fee; this applies to food handling establishments for fairs, carnivals or special event for non-profit organizations.

B. Upon sale or transfer of an establishment the permit therefor shall be void until a renewal application is approved. Either a fee of two dollars shall be paid for the remainder of the license period, or a new annual permit shall be issued, at the option of the applicant. (Ord. 114 § 3, 1958).

A. Every person working or handling food in any food-handling establishment, with or without pay, must secure a health permit from the health officer within thirty days of first employment in this city.

B. Such health permit shall be the negative report of a county health department chest X-ray or a letter from the health officer to the same effect. If shall be valid for one year from date of issuance and must be replaced with a new permit prior to the expiration date. This permit must be in the possession of such person and must be readily available for inspection by the health officer.

C. It shall be the duty of each manager, operator or owner of any food-handling establishment to employ only persons having a valid health permit. It shall be the employee's duty to have the permit in his or her possession, or immediately accessible, during working hours. (Ord. 114 § 4, 1958).

A. All food handling establishments must comply with all applicable statutes, ordinances and rules and regulations of Federal, state and local agencies.

B. Exemption from permit or fee under this chapter does not constitute exemption from sanitary requirements set forth in this chapter.

C. When food service openings to the outside are used in restaurants they shall have an area not exceeding two hundred seventy square inches with a maximum width of eighteen inches and maximum height of fifteen inches. Triangular wide base openings with height not exceeding twenty-four inches are allowed. Additional service openings must be separated by a minimum of three feet. Such openings shall be closeable, at least with a wire screen of not coarser than sixteen mesh, when not in use. Each opening shall be further protected by overhead fans, or internal positive pressure which would produce an outward air flow of at least seventy-five linear feet per minute as measured by a standard velometer or have a system of duct work such that the discharge of air produces this outward flow of air through the opening.

D. Every establishment where fresh meat is cut shall be provided with a two-compartment, metal sink, with metal drain boards located conveniently to the meat department, with an adequate supply of hot and cold water under pressure. Such sink is to be used exclusively for washing utensils commonly used by meat cutters. This section does not apply to those establishments in existence before the effective date of the ordinance codified in this chapter having a single compartment sink which effectively meets the requirements of this chapter and any other applicable statutes, ordinances and rules and regulations governing the sanitation of utensils. When such sink is replaced, it must meet the requirements of this chapter.

E. All establishments and vehicles must maintain refrigeration at fifty degrees Fahrenheit or below for storage and transportation of food products which the health officer determines to be readily perishable. Such determinations shall be made only after duly noticed public hearings by the health officer, and shall be promulgated by him or her and filed with the City Clerk. “Readily perishable” includes but is not limited to canned goods and bakery products requiring refrigeration. Waste water from refrigeration equipment in fixed establishments shall be disposed of into an approved sanitary sewage disposal system by means of an indirect connection. With the exception of properly handled game, only food intended to be sold or served to the public is to be kept in such refrigerated storage cabinets.

F. If at any time a person working in any food-handling establishment is found by the health officer to be handling food in a manner dangerous to public health, the health officer shall have authority to require such person to attend a course of instruction which shall be provided free by the health officer, or to discontinue food handling, or both. (Ord. 114 § 5, 1958).

Where the health officer, himself or herself, or his or her medical deputy in charge, makes a written finding that the public health is endangered by some act, omission, or condition regulated under this chapter, in connection with any premises or operation licensed under this chapter, he or she may order the immediate cessation of such an act, or abatement of such condition, or action to correct such condition, and may order the temporary emergency suspension of the permit applicable thereto and its removal from the person or premises and may post notice of such action in a conspicuous place. Such emergency suspension is in addition to and not limited by nor in derogation of any other authority or power which' the health officer may have under present statutes or regulations. Such emergency suspension as distinct from any other action authorized by law, is effective for a period of five days, including the first day upon which the permit is suspended. Any activity during that period which is regulated by this chapter is unlawful. At the end of that period, or sooner, if a similar finding is made that the public health is no longer endangered, the permit becomes valid again, unless a hearing is ordered pursuant to this chapter. (Ord. 114 § 6.1, 1958).

Where a written complaint is filed with the health officer that some applicable law or regulation is being violated by any person, premises or operation required to be licensed under this chapter, he or she may order a hearing, and after hearing may suspend the permit for not more than ninety days or until he or she is assured of compliance with the applicable laws or regulations, whichever is less, and may post notice of such action in a conspicuous place. At the end of the ninety-day period, or when the health officer is satisfied of compliance, the permit becomes valid again. Any activity during that period which is regulated by this chapter is unlawful. (Ord. 114 § 6.2, 1958).

A permit may be revoked and confiscated where it has been suspended once and violations of this chapter or other applicable laws or regulations, or acts or omissions endangering the public health continue, and where the health officer, himself, or his or her medical deputy in charge makes a written finding that correction of the situation is impracticable and that the public health is endangered thereby, and the health officer may post notice of such action in a conspicuous place. (Ord. 114 § 6.3, 1958).

In the case of hearings under Section 5.40.110, notice must be written and delivered to the person involved or in charge of the premises or operation at least forty-eight hours before the hearing. Other hearings must be preceded by written notice, personally delivered or mailed, to the person to whom the permit was issued at the latest address on file with the health officer not less than five nor more than fifteen days prior to the hearing date. The hearings shall be held in the city hall, unless some other location is specified in the notice. The hearings shall be conducted by the health officer himself or his or her medical deputy in charge. Hearings may not be continued or postponed for longer than ten days from the original date without the consent of the permittee. (Ord. 114 § 6.4, 1958).

Appeals may be taken from the results of any hearing to the City Council by a written notice of appeal stating fully the matters or action appealed from, and the grounds for the appeal, which must be filed with the City Clerk within fifteen days of the action appealed from. The City Council must then schedule the appeal for hearing within thirty days of the filing of the notice of appeal. (Ord. 114 § 6.5, 1958).

All restaurants as described herein shall provide restrooms with clean toilet facilities for patrons in accordance with the minimum plumbing facilities as set forth in Appendix C of the Uniform Plumbing Code. (See Section 15.06.010.) (Ord. 558 § 2, 1993).

Any violation of the provisions of this chapter is a misdemeanor, and constitutes a separate offense on each day committed. (Ord. 114 § 6.6, 1958).