San Luis Obispo County Municipal Code Ch. 8.04 Retail Food Facilities

Footnotes:

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Editor's note— Ord. No. 3468, §§ 1—17, adopted April 5, 2022, in effect, repealed ch. 8.04, §§ 8.04.010—8.04.400 and enacted a new ch. 8.04 as set out herein. Former ch. 8.04 pertained to food and drink establishments and derived from §§ 7-001—7.003 of the prior code; Ord. 920, § 1, adopted 1967; Ord. 943, § 1(part), adopted 1967; Ord. 1498, § 1, adopted 1975; Ord. 1528, § 1, adopted 1975; and Ord. 1904, § 1, adopted 1978.

Part 7 of Division 104 of the California Health and Safety Code (sections 113700 et seq.), also referred to as the California Retail Food Code ("CRFC") was signed into law on May 15, 2006 (SB 144 - Runner). The CRFC became effective on July 1, 2007 and requires that there be uniform statewide food safety standards for retail food facilities (section 113705). These sections provide that a local enforcement agency shall have primary enforcement responsibility for the state and local standards in its jurisdiction.

The purposes of this chapter are to clarify and explain: (1) The CRFC for local implementation where necessary; (2) The environmental health services division's role in enforcing state food safety standards for retail food facilities; and (3) implementation of a permit and cost recovery fee system for certain businesses and activities that are subject to the CRFC. This chapter does not override any local land use requirement or limitation.

(Ord. No. 3468, § 2, 4-5-22)

Any words or phrases used in this chapter shall have the meanings ascribed to them in the California Retail Food Code ("CRFC").

"Director" means the director of the environmental health services division and their duly authorized environmental health specialists designated by the health officer to administer this part.

(Ord. No. 3468, § 3, 4-5-22)

The environmental health services division of the public health department shall be the local enforcement agency for the CRFC and the regulations adopted in this chapter.

(Ord. No. 3468, § 4, 4-5-22)

(a) It is unlawful for any person or entity to operate a food facility without a valid permit which has not been suspended or revoked. The environmental health services division shall investigate and issue such permit when the person or entity operating the food facility conforms to the laws of the State of California, and the provisions contained herein, including the payment of all applicable fees. Inspections shall be based upon the provisions of the CRFC.

(b) A separate permit shall be required for each place of business, concession, or vehicle used by permittee.

(c) Any person or entity aggrieved by the denial of a permit may appeal such denial in accordance with Section 8.04.110.

(Ord. No. 3468, § 5, 4-5-22)

(a) In addition to taking any legal action authorized by law to compel a facility owner or operator to cease operating without a permit, the director may post a notice of closure at or on a food facility operating without a permit, advising the public that the facility does not have a permit to sell, serve, dispense, store, or otherwise handle food.

(b) The director may also post a notice of closure on a food facility:

(1) When the director orders the facility to close due to an imminent health hazard that the food facility does not immediately correct.

(2) When the director suspends or revokes the facility's permit.

(c) No person other than the director shall remove a notice posted by the director pursuant to this section.

(Ord. No. 3468, § 6, 4-5-22)

All applications for permits shall be on a form supplied by the environmental health services division and shall be accompanied by payment of an annual permit fee as established by resolution of the board of supervisors.

(Ord. No. 3468, § 7, 4-5-22)

In the case of a new business requiring a permit under Section 8.04.020, or a transfer of ownership of an existing business, fees shall be prorated on a quarterly basis for the remaining part of the permit year; provided, however, no fee shall be reduced or prorated to an amount less than the hourly rate approved under Section 8.04.030.

(Ord. No. 3468, § 8, 4-5-22)

The director may require that each mobile food facility have an annual certification inspection at a location designated by the environmental health services division. A certification sticker shall be provided once the operator has successfully passed inspection and submitted proof of an approved commissary and paid any applicable fees. Failure of the operator to have and pass a certification inspection during the designated time period, when required, is subject to a fee up to fifty percent of the cost of the permit and closure until a permit and certification sticker are obtained.

(Ord. No. 3468, § 9, 4-5-22)

(a) Renewal of the permit is deemed complete when the appropriate fee established under Section 8.04.030 is paid. Late payment fees as set forth in the county fee schedule shall be added to the applicable fee for failure to renew the permit by the permit expiration date as set forth in the permit.

(b) A late payment fee as set forth in the county fee schedule shall be added to the applicable fee for failure to apply for a permit before opening for business in the case of a new business, transfer of ownership, or seasonal operation.

(Ord. No. 3468, § 10, 4-5-22)

(a) The county may recover the cost of enforcement activities when they are not otherwise regulated by a permit as a health regulated business. The county may also recover any reasonable costs that it may incur in connection with the collection of such fees. The total amount of cost recovery may be assessed when the director has issued an official inspection report requiring correction of a condition found to exist.

(b) The responsible person or entity may appeal the total amount of cost recovery or any portion thereof pursuant to the hearing and appellate process outlined in Section 8.04.110.

(Ord. No. 3468, § 11, 4-5-22)

The fee schedule in Section 8.04.030 shall not apply to any nonprofit organization of a religious, political, philanthropic, civic improvement, social or educational nature, except that this fee schedule shall apply to all such organizations whose principal reason for existence is to engage in the activities of a retail food facility.

The applicant shall submit proof to the director of the applicant's nonprofit status and good standing to do business in California.

(Ord. No. 3468, § 12, 4-5-22)

(a) A hearing may be requested within fifteen days after receiving: (1) notice that the environmental health services division proposes to deny, suspend or revoke a food facility permit; (2) notice that the environmental health services division will temporarily close a food facility due to an imminent health hazard or suspension or revocation of the food facility permit; or (3) notice of an invoice for cost recovery pursuant to Section 8.04.055. The director shall schedule a hearing within fifteen days of receiving the request for hearing. The hearing officer shall be an environmental health services division employee at the supervisor level or higher who was not involved in the underlying decision being appealed.

(b) Within fifteen days of receiving notice of the hearing officer's decision, an appeal hearing may be requested before the health officer. The environmental health services division must schedule this appeal hearing within fifteen days of receiving the appellant's request to appeal. Filing a request to appeal shall stay the decision of the environmental health services division hearing officer, unless the hearing officer determined that an imminent health hazard required closure of the facility.

(c) Upon receiving notice of the health officer's decision, the appellant may seek a final appeal hearing by filing written notice of final appeal, including the basis for appeal, with the director within fifteen days of receiving notice of the health officer's decision. The director shall schedule a final appeal hearing within thirty days of receipt of the notice of final appeal. The director shall send, by certified mail, notice to the appellant of the date, time and location of the appeal hearing at least seven days before the appeal hearing date. The director shall select a hearing officer not employed by the San Luis Obispo County Health Agency to preside over the appeal hearing. Filing a notice of final appeal shall continue to stay the decision of the environmental health services division hearing officer, unless the hearing officer determined that an imminent health hazard required closure of the facility.

(d) At all hearings described by this Section 8.04.110, the parties and their authorized representative may present such facts and evidence, and written or oral arguments as is necessary and appropriate. The standard of proof shall be preponderance of the evidence.

(e) For all hearings described by this Section 8.04.110, the hearing officer shall issue a written decision within fourteen days of the hearing. The hearing officer's written decision for the final appeal hearing shall advise of the right to appeal the written decision pursuant to California Government Code section 53069.4(b) within twenty days from the date of service of the final written decision and shall advise of the alternative method to seek judicial review pursuant to California Code of Civil Procedure section 1094.5 within ninety days from the issuance of the written decision.

(Ord. No. 3468, § 14, 4-5-22)

No business license shall be issued by the county for any food facility for which a valid permit is required by this chapter until such person or entity or employee of such person or entity can show possession of a valid permit from the environmental health services division for which the business license is required.

(Ord. No. 3468, § 15, 4-5-22)

The willful reopening of a food facility after receipt of a notice of closure is punishable as a misdemeanor.

(Ord. No. 3468, § 11, 4-5-22)