San Leandro Municipal Code Art. 1 Permits for Food Establishments

It shall be unlawful for any person to operate a "restaurant," "itinerant restaurant," "vehicle," "retail food production and marketing establishment" or "bakery" (hereinafter collectively referred to as "food establishments"); as those terms are respectively defined in Health and Safety Code Sections 28552, 28523, 28524, 28802 and 28190 in the City of San Leandro unless he or she has a permit issued by the Alameda County Health Officer. A permit shall be issued if the applicant complies with the applicable provisions of State law and local ordinances.

The permit shall be posted in a conspicuous place in the food establishment.

Any permit issued pursuant to this ordinance may be suspended or revoked for good cause by the County Health Officer. "Good Cause" means a violation of any of the applicable provisions of State law or local ordinances.

When the County Health Officer suspects a violation of the applicable provisions of State law or local ordinance has occurred he or she shall issue and serve upon the permittee a notice setting forth in clear and concise language the acts or omissions with which the permittee is charged and informing the permittee of his or her right to a hearing.

At any time within the 15 day period after service of such notice, the permittee may request a hearing before the County Health Officer to show cause why his or her permit should not be suspended or revoked. A failure to request a hearing within such 15 day period shall be deemed a waiver of the right to such hearing. The decision of the County Health Officer shall be final.

Notwithstanding the other provisions of this Article, whenever the County Health Officer finds insanitary or other conditions in a food establishment which, in his or her judgment, constitute an imminent and substantial hazard to the public health, he or she may, without prior notice, issue a written notification to the permittee citing such insanitary or other conditions and specifying the corrective action to be taken, and order all food service operations to be immediately discontinued. Any permittee to whom such an order is issued shall comply immediately therewith, but upon written petition to the County Health Officer, shall be afforded a hearing before the County Health Officer within five days.