Salinas Municipal Code § 16-20 Same—Same—Operation may be continued pending appeal

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Foodstuffs. Flour, flour products, meat and animal products, produce, groceries, cereals, grain and the products of cereals and grain, poultry, and its products, ice cream, liquid refreshments of any character, or any combination of any one or more of the foregoing.

Food establishment. Any building, room, basement, cellar, structure, stand, establishment, or other place where any food, foodstuffs or food products, liquids or material intended for food or drink for human consumption is prepared, handled, served, sold or offered for sale; provided, however, the term "food establishment" shall not be deemed to include a boardinghouse accommodating less than four boarders at any one time.

Food handler. Any person who engages or serves in any work, occupation, or employment which requires or occasions the handling of any food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of such food or drink.

(Ord. No. 283 (NCS), Art. 7, § 1.)

It shall be unlawful for any person owning, controlling or carrying on as principal or agent in the city, the business or occupation of manufacturing or bottling table water or other beverages, box lunch establishment, bakery establishment, bakery distributor, wholesale candy or confectionery manufacturing, confectionery or soda fountain, fruit stand, wholesale fruit produce, vegetable stand, wholesale vegetable stand, food products establishment, restaurant, lunch stand, retail or wholesale poultry house, poultry peddler, poultry slaughter house, sausage factory, meat market, meat peddler, wholesale meat house, fish market, wholesale fish market, fish peddler, grocery store or wholesale grocery business, tamale parlor, or any business or occupation where fruit, vegetables, meat, fish, food or food products, of any kind, nature or description for human consumption, is sold, or offered for sale, or peddled, or dispensed, without first applying for and securing a permit in writing from the health officer, and no business license shall be issued by any officer of the city until such permit shall first have been obtained.

(Ord. No. 283 (NCS), Art. 7, § 2.)

* For state law as to authority of cities to require a permit to operate any restaurant, etc., see H. & S.C., § 28693. As to licenses generally, see Ch. 19 of this code.

If after an investigation and consideration of any application for a permit required by the preceding section, it shall appear to the health officer that the place, vehicle, business, building or institution conforms to, and that the applicant has complied with, all the sanitary and health laws of the state, this Code and ordinances of the city relevant thereto, the county health officer shall grant the permit applied for.

(Ord. No. 283 (NCS), Art. 7, § 3.)

* For state law as to investigation of restaurants, etc., by the local health officer, see H. & S.C., §§ 28688, 28691.

The health officer in his discretion is empowered to deny or withhold a permit for which an application has been made, if, in his judgment, the building, premises, equipment, apparatus, vehicle, or reasonable facilities for the establishing, maintaining, conducting or operating the business or institution for which a permit is requested, is or are insufficient, unfit or incapable of being used, maintained, or established to comply with this article or any other ordinances of the city or the rules and regulations of the county health officer or laws of the state. If any such permit shall be denied, suspended or revoked by the health officer, it shall be unlawful during the period of such denial, revocation or suspension for any person to sell or traffic in any food or drink products in the city at such establishment.

(Ord. No. 283 (NCS), Art. 7, § 3.)

The health officer shall have the power to suspend or revoke any permit issued pursuant to this article at his discretion upon proof to his satisfaction of a violation by the holder of such permit of this chapter or any ordinance of the city, or law of the state, regulating and establishing standards for the health, comfort, sanitary or hygienic appliance, use or hygienic conduct, arrangement, management or operation of the institutions, or business regulated by this article.

(Ord. No. 283 (NCS), Art. 7, § 3.)

Any such person whose permit issued under the provisions of this article has been suspended or revoked, shall have the right to appeal to the council in writing within three days after notification of such suspension or revocation or within thirty days after the denial thereof, and to be heard by the council with relation thereto at its next regular or regular adjourned meeting, or at a special meeting of the council called for such purpose, and the action of the council upon such appeal shall be final and conclusive with respect to the suspension or revocation of such permit.

(Ord. No. 283 (NCS), Art. 7, § 3.)

In the event that such appeal is taken as hereinabove provided, such business or occupation (where such permit has already been granted) shall not be suspended until the final disposition of such appeal by the council as aforesaid.

(Ord. No. 283 (NCS), Art. 7, § 3.)

Except as otherwise provided, all permits issued by the health officer, as required by this article, shall be valid for the period that the business license of any person is valid unless sooner revoked or suspended, or unless the holder of such permit changes the location of his place of business or sells, assigns, transfers or otherwise disposes of such business or institution or his interest therein for a period of thirty days or more. Upon the expiration of any permit and within seven days thereafter the person trafficking in, conducting or operating such business or institution shall apply for and secure a renewal of the permit in the manner provided for by this article. All permits issued shall be kept posted in a conspicuous place of the business vehicle or institution of such permit holder.

(Ord. No. 283 (NCS), Art. 7, § 4.)

It shall be unlawful for the owner of any food establishment to refuse admission into such establishment to the health officer or his assistants, in the lawful performance of their duties.

(Ord. No. 283 (NCS), Art. 7, § 5.)

(a) Every food establishment shall be maintained in a clean and sanitary condition at all times.

(b) It shall be unlawful for any person to engage in the business or conduct of any food establishment in the city, unless such food establishment shall have convenient toilet rooms, lavatories and wash rooms for each sex, separate and apart from the rooms where food is served or prepared. The doors of such toilet rooms and lavatories shall be tight fitting and automatically closing and shall not open into any kitchen or room where food is prepared or stored. The windows and other openings of such toilet rooms shall be properly screened, and such toilet rooms and lavatories shall be properly ventilated as prescribed by the plumbing code.

(c) Lavatories and wash rooms shall be adjacent to toilet rooms and shall be supplied with soap, running water and individual towels and shall be maintained in a clean and sanitary condition.

(d) All persons who handle any food or food products, liquids or drink for human consumption, or the material from which food is prepared, before beginning work and immediately after visiting a toilet and resuming work, shall wash their hands and arms thoroughly with soap in clean water.

(e) It shall be unlawful for any person to sell, offer for sale, or expose in any place where the public is admitted, within five feet of any public street, alley or place, any fruit or vegetables, unless the same shall be and at all times remain not less than two feet above the floor or ground or in closed showcases.

(Ord. No. 283 (NCS), Art. 7, § 6.)

The use or the exposure for use of any glass, cup, spoon, fork, or other utensil used for the public sale or dispensing of liquids, beverages, drinks, food, or other refreshments after having been once so used, is declared to be dangerous to public health, and unlawful unless the articles or utensils shall have been previously sterilized by the use of steam, scalding water, or by chlorine bath.

(Ord. No. 283 (NCS), Art. 7, § 7.)

* For state law as to requirements for dishwashing procedure in restaurants, see H. & S.C., §§ 28559 to 28563.

It shall be unlawful for any person to carry, convey, or transport, or cause to be carried, conveyed or transported, through or along any public streets or alleys in the city any bread, cakes, pastries, meats, or other easily contaminated food stuffs intended for human consumption in any boxes, baskets, containers, wagons, trucks, or vehicles which are open or unenclosed, or which in any manner, by reason of not being thoroughly covered, enclosed, or protected, will permit or allow such foodstuffs to be exposed, or liable to be exposed, to dust, flies, insects, filth or other contamination. All portions of all boxes, baskets, containers, wagons, trucks, or vehicles which may come in contact with any such foodstuffs while the same are being carried, conveyed, or transported shall, at all times, be kept and maintained in a clean and sanitary condition.

(Ord. No. 283 (NCS), Art. 8, § 3.)