Placerville Municipal Code Ch. 15 Restaurants and Vending Machines

This chapter is enacted for the purpose of licensing restaurants, itinerant restaurants, food vehicles and vending machines to facilitate enforcement of the California restaurant act 1 , pursuant to the authority conferred by section 28693 of said act. (Ord. 885, 1-17-1963)

The terms defined in article I of the California restaurant act shall have the same meaning when used in this chapter as they are defined in said act, except as otherwise expressly provided herein.

"Temporary food stands" means any food establishment operating for less than ten (10) days, but does not include a restaurant, itinerant restaurant, or vending machine, but includes those food establishments at fairs, carnivals, and other public events of a temporary occupancy. (Ord. 885, 1-17-1963)

Any person, firm or corporation who operates any restaurant, itinerant restaurant, vehicle upon which food or beverage is displayed, sold or offered for sale at retail or given away to the public, or maintains or services any vending machine, as these terms are defined in the California restaurant act, without a valid unexpired and unrevoked permit therefor, issued by the El Dorado County health department, within the city, is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for a term not to exceed six (6) months, or by both such fine and imprisonment. (Ord. 885, 1-17-1963)

Any person desiring to secure a permit required by this chapter shall file an application therefor at the office of the city clerk, in such form as shall be required. The application shall state the name and address of the person who will operate the business for which the permit is sought, the name and address of the owner of the property on which such business is to be conducted, the nature of the business or operation for which the permit is sought, and such other information as the health department may require. (Ord. 885, 1-17-1963)

No permit required by this chapter shall be issued unless and until the fee set forth in the following schedule has been paid therefor to the city clerk:

Upon the issuance of a new permit after revocation of a prior permit, or after a transfer of the business, a new permit fee shall be charged and no refund shall be paid on the prior permit. (Ord. 885, 1-17-1963)

No permit required by this chapter shall be issued unless and until:

(A) An application has been filed therefor.

(B) The permit fee has been paid in full.

(C) An inspection of the restaurant, itinerant restaurant, vehicle vending machine or temporary food stand, as the case may be, has been made by the El Dorado County health department within one year preceding the issuance of said permit and found to comply with the requirements of the California restaurant act.

No permit shall be issued for a new restaurant for which a building permit was required after November 1, 1963, unless the county health department has approved the application for such building permit for compliance with the California restaurant act. (Ord. 885, 1-17-1963)

The permit shall be issued on a form prepared by the health department and shall specify that it shall expire one year after the date of the issue unless sooner revoked, except that temporary food stand permits shall specify the days (not to exceed 10 days) for which it shall be valid unless sooner revoked. Every permit shall state on its face that it may be revoked by written order of the county health officer for any violation of the California restaurant act delivered to the person operating the business or any of his employees. (Ord. 885, 1-17-1963)

In addition to any action authorized by the California restaurant act, the county health officer may revoke the permit issued for any restaurant, itinerant restaurant, vehicle, or vending machine for any violation of the California restaurant act found after his personal inspection of the premises. Any such revocation shall be in the form of a written order dated and signed by the health officer specifying the violations of the restaurant act upon which it is based, posted in a conspicuous place on the premises. The revocation of a permit shall become effective immediately upon posting of the notice of revocation and shall remain in effect until the adjournment of the first regular meeting of city council, at which time such revocation shall expire, unless the revocation has been confirmed by the city council, after hearing thereon, or the city council has continued the revocation in effect by order entered in its minutes, pending further hearings thereon. The health officer shall appear at such hearing of the city council and present evidence and recommendations upon the confirmation of the revocation, and any person aggrieved thereby may appear and present evidence thereon. The notice of revocation shall state the time and the place where the city council will meet for the first hearing upon confirmation, of the revocation and that any party aggrieved by the revocation may appear at said hearing and present evidence thereon. If the revocation of the permit is confirmed by the city council, the restaurant, itinerant restaurant, vehicle or vending machine shall not be operated until a new permit has been issued therefor. If the revocation is not referred to the city council, at the meeting specified above, or the city council, after hearing, refuses to confirm the revocation, the revocation shall expire on adjournment of such meeting of the council, and the original restaurant license issued shall remain in effect. The decision of the city council, made after hearing upon the confirmation of the revocation order shall be final. (Ord. 885, 1-17-1963)

Permits issued pursuant to this chapter may not be transferred and shall automatically expire upon the transfer of the business by the person holding such permit. Upon such transfer, the person acquiring the restaurant, itinerant restaurant, vehicle or vending machine, shall not operate the same unless and until a new permit has been issued therefor by the El Dorado County health department. (Ord. 885, 1-17-1963)

No building permit shall be issued for any building for which a private sewage disposal system must be installed, altered or added to, unless and until the building inspector is satisfied that a sanitation permit has been issued therefor by the El Dorado County health officer or his authorized representative. No building permit shall be issued unless and until the building inspector is satisfied that the construction authorized by the permit will not violate any existing zoning ordinance. No building permit shall be issued for any restaurant unless and until the county health department has approved the application therefor for compliance with the California restaurant act. (Ord. 885, 1-17-1963)