Portola Valley Municipal Code Ch. 5.36 Food Establishments

For the purpose of this chapter the words set out in this section shall have the following meanings:

A. "Building standards" means the standards specified in all building codes and regulations of the town which are enforced by the county building department, or any building department acting for the town.

B. "Food establishment" includes: all restaurants; fish markets or stands; vegetable markets or stands; meat markets; horsemeat markets selling horsemeat intended for human consumption; poultry markets or stands; grocery stores; delicatessens; food, drink or confection vending vehicles, including canteen service; food, drink or confection vending machines; industrial cafeterias; establishments or places where organizational dinners, bake sales or other food programs are given and where food is intended for sale or distribution to the public; and all other establishments or devices where food, drink or confections are sold or offered for sale or distribution to the public, whether such establishments are permanent, mobile, or temporary. "Food establishment" shall not include or be construed to mean any wholesale establishment manufacturing, processing, or storing food, drink, or confections, or the delivery vehicles thereof, not engaged in selling or offering for sale such food, drink or confection to members of the public or any retail food production and marketing establishment as defined in Section 28802 of the Health and Safety Code of the state.

C. "Health officer" means the health officer of the town, who is the director of public health and welfare of the county, or his duly authorized representative.

D. "Restaurant" means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, confectionery, catering service, and any other eating or drinking establishment which sells or offers for sale food or drink to the public, and regardless of whether such food or drink is for consumption on or off the premises.

E. "Vending machine" means any coin-operated mechanical device from which food or drink is dispensed or offered for sale to members of the public.

F. "Vending vehicle" means any vehicle from which food or drink is sold or offered for sale to the public, but does not include delivery vehicles used to transport food or drink from a store having a valid food permit to a customer's home, or a vehicle transporting food or drink from a wholesale establishment to a retail outlet.

G. "Zoning standards" means all ordinances and zoning regulations of the town.

(Ord. 1983-194 § 6, 1983; Ord. 1965-32 § 1, 1965)

It is unlawful for any person, firm or corporation to open, operate or engage in the business of operating a food establishment in the town without having a valid permit issued by the county department of public health and welfare.

(Ord. 1965-32 § 2, 1965)

A. Any person, firm, or corporation desiring to open a food establishment after February 26, 1965, shall apply in writing for a permit to the county department of public health and welfare, and shall obtain a permit before engaging in business.

B. Any person, firm or corporation who is engaged in the operation of a food establishment on February 26, 1965, shall apply for a permit in writing to the county department of public health and welfare within sixty days following February 26, 1965. The department of public health and welfare shall grant or deny each application within one hundred twenty days after receipt of the application. Thereafter, it shall be unlawful for any person, firm or corporation to continue to operate such food establishment without having a permit as provided in this chapter.

(Ord. 1965-32 § 3, 1965)

There is established a board of review composed of the director of public health and welfare, the superintendent of health, and a member of the town planning commission.

(Ord. 1965-32 § 4 (b), 1965)

If after investigation it is determined that the food establishment complies with the requirements of state laws, local zoning and building requirements, and with the requirements of this chapter, and after payment of the fees hereinafter specified in this chapter, a permit shall be issued by the department of public health and welfare.

(Ord. 1965-32 § 4 (a), 1965)

A permit may be revoked or suspended by the board of review if it determines that a violation of any state law, local zoning or building code, or provisions of this chapter exists, that a written notice has been issued to the permittee by the inspection division of the department of public health and welfare specifying the violation and that the permittee has failed or neglected to make necessary corrections within a reasonable time after receiving such notice.

(Ord. 1965-32 § 4 (c), 1965)

All permits issued under the provisions of this chapter must be posted on the premises of the business in a conspicuous place.

(Ord. 1965-32 § 4 (d), 1965)

Permits are not transferable from one business or location to another or from one person, firm or corporation, to another.

(Ord. 1965-32 § 4 (e), 1965)

Permits will be issued on a calendar year basis.

(Ord. 1965-32 § 4 (f), 1965)

No notices or classification posted by the health officer shall be removed without the special approval of the health officer.

(Ord. 1965-32 § 4 (g), 1965)

Permit fees shall be charged as provided in this chapter to cover the cost of the inspections required and for the enforcement of this chapter.

(Ord. 1965-32 § 5 (a), 1965)

The fees required to be paid for any permit required by this chapter for each food establishment shall be as follows:

Restaurants (except taverns, catering services and bars)

Seating capacity of 1 to 20 .....$5.00

Seating capacity of 21 to 50 .....7.50

Seating capacity of over 50 .....10.00

Taverns and bars

Seating capacity of 1 to 5 .....5.00

Seating capacity of 6 to 20 .....7.50

Seating capacity of over 20 .....10.00

(Each thirty inches of lineal length of bar or counter shall be considered as one seat)

Catering service .....5.00

Delicatessen .....5.00

Fish market or stand .....$5.00

Food, drink or confection vending machine, each .....1.00

Grocery store .....5.00

Horsemeat market .....5.00

Meat market .....5.00

Poultry market .....5.00

Vegetable market or stand .....5.00

Fruit market or stand .....5.00

Food, drink, or confection vending vehicles .....5.00

Food establishments in public schools .....No fees

Food establishments not specifically listed .....5.00

(Ord. 1965-32 § 5 (b), 1965)

No owner or proprietor having complete control of a food establishment as defined in Section 5.36.010 shall be required to have more than one permit for the operation of each place of business; provided, however, that owners or operators of food, drink, or confectionery vending machines not otherwise conducting a food establishment as defined in Section 5.36.010 shall pay one dollar for each such vending machine not to exceed the total sum of five dollars; provided further, that where more than one permit fee is applicable the higher or highest permit fee shall be the fee assessed.

(Ord. 1965-32 § 5 (c), 1965)

New establishments opening on or after July 1st of any year, shall pay one-half of the specified fee for the remainder of that calendar year.

(Ord. 1965-32 § 5 (d), 1965)

Schools, churches and charitable organizations exempt from the payment of real property taxes under the laws of the state are exempt from the payment of fees for issuance of a permit under the provisions of this chapter.

(Ord. 1965-32 § 5 (e), 1965)

No live animal, fowl, rodent or animal pets shall be kept or allowed in any food establishment where food or beverage is stored, displayed, prepared or served, except that this section shall not apply to dogs being used by the blind. At least two signs shall be posted in conspicuous places at each food establishment to this effect.

(Ord. 1965-32 § 6 (a), 1965)

The minimum ceiling height in any food establishment shall be not less than eight feet from the floor.

(Ord. 1965-32 § 6 (b), 1965)

Floors shall be of cement, tile laid in cement, vitrified brick or other non-absorbent material.

(Ord. 1965-32 § 6 (g), 1965)

All food, drink or confection displayed, offered for sale or given to the public from any food establishment must be prepared either on premises licensed hereunder or approved by the department of public health and welfare.

(Ord. 1965-32 § 6 (h), 1965)

All food in food establishments that is potential media for growth of bacteria, or is otherwise subject to spoilage by reason of lack of refrigeration, must be kept under refrigeration during the time it remains in such food establishment.

(Ord. 1965-32 § 6 (c), 1965)

Sterilizing agents and compatible type detergents approved by the department of public health and welfare must be used in all establishments requiring washing and sterilization of equipment. The concentration of these agents and detergents to be used must be that approved by the department.

(Ord. 1965-32 § 6 (d), 1965)

All trash shall be stored in enclosures so as to prohibit its being scattered over the ground. The enclosure shall be maintained in a reasonably clean and sanitary condition.

(Ord. 1965-32 § 6 (e), 1965)

All restaurants shall have a three-compartment sink for the purpose of carrying out proper washing, rinsing and sterilization of dishes, glasses and equipment. All other food establishments requiring washing facilities shall have at least a two-compartment sink.

(Ord. 1965-32 § 6 (f), 1965)

This chapter shall in no way prohibit an owner or operator of a farm or ranch who erects or maintains a stand on his farm or ranch from selling fruit or vegetables raised or grown on the premises, so long as proper building, zoning and sanitary regulations are observed.

(Ord. 1965-32 § 7, 1965)

The county department of public health and welfare is authorized to issue rules and regulations in order to administer and carry out the purposes of this chapter.

(Ord. 1965-32 § 8, 1965)

Any establishment failing to obtain a renewal of permit by February 15th, will be penalized in the amount of fifty percent of the regular permit fee, which shall be in addition to the specified fee shown in Sections 5.36.120 through 5.36.150.

(Ord. 1965-32 § 9, 1965)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding five hundred dollars, or by imprisonment in the county jail not exceeding ninety days, or by both such fine and imprisonment, and every day upon which a violation continues shall be deemed a separate offense and punishable as such.

(Ord. 1965-32 § 10, 1965)