Chapter 9.36

MISCELLANEOUS HEALTH REGULATIONS

Sections:

• 9.36.010 Return of merchandise - Prohibited when.

• 9.36.020 Return of merchandise - Nonreturnable articles designated.

• 9.36.030 Samples of medicines - Distribution prohibited - Exception.

• 9.36.040 Medicines - Distribution without permit prohibited.

• 9.36.050 Medicines - Permit and affidavit required before distribution.

• 9.36.060 Medicines - Grounds for denial of permit.

• 9.36.070 Laundries - Floor requirements.

• 9.36.080 Laundries - Employees to be free of disease.

• 9.36.090 Rendering establishments - Regulations.

• 9.36.110 Vehicle lots - Sanitation and dustproofing.

• 9.36.120 Construction operations - Toilet facilities required.

• 9.36.130 Privies and cesspools prohibited - Exception.

• 9.36.140 Police to report violations.

• 9.36.150 Health effects warnings: Spanish and Vietnamese.

No person doing a retail business and who has sold and delivered to any person any of the merchandise in the respective classes set forth in Section 9.36.020 shall accept the return of any of the merchandise so sold and delivered, or intermingled with other goods, or resell said goods so sold and delivered to another person, except that nothing

contained herein shall be construed to prohibit the return or intermingling of merchandise sold and delivered to any person that is defective, or has been delivered through mistake. (Prior code § 5212.2.)

The classes of merchandise prohibited in Section 9.36.010 are as follows:

• A. Mattresses, blankets, sheets, comforters, pillows and other bedding;

• B. Heating pads and metal hot-water bottles, stockings made of rubber, reducing rollers, water bags and other rubber goods for personal use;

• C. Combs, hairbrushes, toothbrushes, barrettes, bath brushes, powder puffs, lipsticks, compacts, broken packages of powder, creams, rouges;

• D. Corsets, brassieres, underwear, union suits, bloomers, bathing suits, clothing, and apparel which has been worn;

• E. Articles made of hair, and veils.

• (Prior code § 5212.3.)

No person shall travel from place to place within the city for the purpose of carrying for free distribution, for advertising or any other purpose, except at a drug store or pharmacy having a regular established place of business in the city, any drugs or medicines, compounded or uncompounded, for external or internal use, or samples thereof. (Prior code § 5212.11.)

No person shall travel from place to place within the city for the purpose of carrying for sale, or exchange, or giving away any drugs or medicines, compounded or uncompounded, for external or internal use, without a permit from the health officer to do so.

(Prior code § 5212.8.)

T9:113

SAN JOSÉ CODE

§ 9.36.050

Prior to the granting of the permit described in Section 9.36.040 by the health officer, the person applying for such permit, or the manufacturer, maker or compounder of such drug or medicine, shall file with the health officer an affidavit, properly executed before a notary public or other officer authorized to administer oaths, which affidavit shall set forth the names and percentages of each and every active ingredient of such drug or medicine, and the percentage of total inert ingredients, and shall in particular set forth the name and percentage of each and every narcotic or habit-forming drug or poison or alcohol. (Prior code § 5212.9.)

If such drug or medicine contains alcohol in excessive quantities, or any poison, or any narcotic or habit-forming drug, no permit shall be issued. (Prior code § 5212.10.)

No public laundry, washhouse or clothescleaning establishment shall wash or clean any clothing or article or cloth, in any room the floor of which is not constructed of cement, concrete or other suitable nonabsorbent, waterproof and watertight material. Such floor shall be properly drained and connected with the public sewer. (Prior code § 5212.6.)

No person afflicted with any communicable disease shall be permitted to work in any public laundry, washhouse or clothes-cleaning establishment.

(Prior code § 5212.7.)

• A. No person shall operate any place or establishment for rendering or reducing any tallow,

• lard or other animal or vegetable fat or substance within the city, except in conformity with uniform regulations of the health officer.

• B. All rendering, reducing, heating or steaming of the substances herein specified shall be performed in steam-tight kettles or containers in such a manner as to entirely condense, decompose, deodorize or destroy any odors, vapors or gaseous products.

(Prior code § 5212.5.)

Every operator of any lot used to park, store, maintain or load and unload vehicles shall keep such lot in a clean and sanitary condition at all times, and shall so treat the surface of the ground upon which the lot is located as to effectively prevent the blowing or drifting of dust and the tracking of material by vehicles therefrom. (Prior code § 5212.16.)

Adequate sanitary toilet facilities shall be made available for workers on all construction operations. Whenever privies must necessarily be installed to comply with the provisions of this section, they shall be constructed in accordance with specifications of the health officer, and shall be maintained at all times in a sanitary condition and flyproofed. Upon failure to comply with this section, the superintendent of the building department is empowered to require discontinuance of all construction operations. (Prior code § 5212.15.)

No privy vault, cesspool or reservoir into which any privy, water closet, toilet, stable, sink or other receptacle of sewage or liquid refuse is drained, shall be maintained upon any premises within the city where connection to the street sewer is practicable, except as provided in Section 9.36.120. (Prior code § 5212.14.)

T9:114

HEALTH AND SAFETY

§ 9.44.018

Police officers of the city, while on duty, shall note all violations of laws or ordinances pertaining to public health and sanitation which may come to their attention, shall notify at once any person violating any sanitary law or ordinance to cease such violations, and shall promptly report to the health officer the exact location and nature of such violation, and the name of the person committing the violation.

(Prior code § 5212.1.)

• A. Any person who operates, manages, leases, rents, owns, or who is responsible for the dayto-day operation of a business establishment offering for sale or distribution alcoholic beverages including, without limitation, beer, malt beverages, wine and distilled spirits, and who, pursuant to Section 25249.6 of the California Health and Safety Code, displays warning signs or notices in English with respect to the health effects of alcoholic beverages, shall also display such warning signs or notices in Spanish and Vietnamese.

• B. Signs and notices in Spanish and Vietnamese required by this section shall be of the same size, color, typeface, and shall be placed at the same locations as warning notices displayed in English.

• (Ord. 23314.)