San Marcos Municipal Code Art. I Definitions and General Provisions

The City Council enacts the following regulations and standards, under the authority of Section 28693 of the California Restaurant Act, and finds that they are more strict than those of the California Restaurant Act. The Health Officer shall enforce the provisions of this chapter as well as the California Restaurant Act.

Any word or phrase used in this chapter and not defined in this chapter shall be given the meaning established for such word or phrase by the California Restaurant Act or, if not there defined, the common and ordinary meaning required by the context in which it is used. Whenever in this chapter the following terms are used they shall have the meaning ascribed to them in this chapter:

(a)

Approve, approved, or approval means the approval of the Health Officer, or the State Department of Public Health, as a result of tests or investigations or by reason of accepted principles of public health and sanitation.

(b)

California Restaurant Act means Chapter 11 of Division 21 of the Health and Safety Code of the State.

(c)

Establishment means any restaurant; itinerant restaurant; food-vending machine, other than a vending machine which dispenses wrapped nonperishable solid foods or which dispenses bottled or canned liquid foods or beverages other than milk, ice cream, milk products, or other perishable food or beverages, or which exclusively dispenses peanuts, wrapped candy, chewing gum, or ice; grocery; pet shop; food market; meat or fish market; bakery; confectionery; delicatessen; food or portable liquid packing or bottling plant; plant or room used to prepare any food or beverage product whatsoever that is dispensed by machine, whether or not such food or beverage product is perishable and whether or not such dispensing machine is a vending machine as defined in the California Restaurant Act; temporary or permanent food or beverage concession; winery; package liquor store; or any other place in the City where food or beverages are prepared for sale, sold, stored, distributed, or displayed for sale. Establishment does not include a wholesale delivery truck used exclusively to transport previously inspected and packaged, canned or bottled foods or beverages, or any combination thereof, and does not include a retail delivery truck used exclusively to transport previously inspected and packaged, canned or bottled milk, water, or groceries, or any combination thereof, nor does it include any wholesale or retail delivery truck transporting any food or beverage product other than or in addition to the aforementioned types of products.

(d)

Food or beverage means food, as defined in Section 26450 of the California Health and Safety Code.

(e)

Food-vending vehicle means any vehicle as defined in Section 670 of the Vehicle Code, or any mobile unit howsoever propelled, upon or from which any food or beverage is vended, displayed, or given away.

(f)

Health Officer means the Director of Public Health and any regularly appointed sanitarian or employee or the Department of Health Services.

(g)

Perishable means, with respect to food and beverage products, those products which support or are conducive to the growth of pathogenic microorganisms; perishable food and beverage products include, but are not limited to, fresh, cured, prepared, or packed meat or meat products, seafood or seafood products, custard and/or cream pies and pastries, wrapped or unwrapped sandwiches, salads, and milk or milk products.

(h)

Permit means the public health permit.

(i)

Provided by law means authorized or required by this Code, the San Diego County Code, the California Restaurant Act and other applicable State laws, and the rules or regulations of the State Department of Public Health.

(j)

Retail delivery truck means any vehicle used for the transportation of food or beverage products which is not a wholesale delivery truck as defined in subsection (k) of this section, and includes a vehicle used to service vending machines.

(k)

Wholesale delivery truck means a vehicle that delivers food or beverage products from a producer or distributor to a consumer, retailer or wholesaler pursuant to orders therefore previously obtained. Wholesale delivery truck does not include a vehicle from which selling is done directly by a driver, salesman, or other person.

It is unlawful for any person to do any acts prohibited in this chapter; to maintain any establishment contrary to the provisions of this chapter; or to sell, offer for sale, barter, trade or give away any food or beverage, or permit the same to be done, without complying with the requirements provided by law.

Any establishment or activity which is found by the Health Officer to be unsanitary or a menace to the public health or which is in violation of this chapter or of the California Restaurant Act is declared to be a public nuisance. The Health Officer is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety, the Health Officer is authorized and empowered to summarily abate such nuisance by any reasonable means. Otherwise, the Health Officer shall inaugurate proceedings in accordance with Section 1.12.010 or shall seek a court order abating the nuisance. Nothing contained in this Code shall be deemed to limit the right and duty of the Health Officer to take immediate action in the interests of the public health, safety, and welfare. The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law.

The Health Officer is authorized and empowered to enforce the provisions of this chapter and to inspect such activities as are regulated in this chapter for the purpose of determining health conditions of such activities. No person shall obstruct or interfere with the Health Officer in the performance of these duties. The Health Officer shall be empowered to make arrests and issue citations pursuant to Penal Code Sections 836.5 and 853.6 for violations of this chapter.