San Mateo County Municipal Code Ch. 5.68 Food Establishments

(a) The term "food establishment" includes all "restaurants" as defined in Section 28522 of the California Health and Safety Code, all "itinerant restaurants" as defined in Section 28523 of the California Health and Safety Code; all "vehicles" as defined in Section 524 of the California Health and Safety Code; all "vending machines" as defined in Section 28525 of the California Health and Safety Code; all "retail food production and marketing establishments" as defined by Section 28802 of the California Health and Safety Code; and all "bakeries" as defined by Section 28190 of the California Health and Safety Code.

(b) "Health Officer" means the Director of the Health System of San Mateo County, or his or her duly authorized representative.

(c) The term "restaurant" shall have the same meaning as that defined in Section 28522 of the California Health and Safety Code.

(d) The term "retail food vehicle" includes all "vehicles" as defined in Section 28524 of the California Health and Safety Code and all "itinerant restaurants" as defined in Section 28523 of the California Health and Safety Code.

(e) The term "vending machine" has the same meaning as that defined in Section 28525 of the California Health and Safety Code.

(Prior code § 5540.1; Ord. 1099, 02/15/55; Ord. 1201, 01/08/57; Ord. 2324, 07/08/75; Ord. 3308, 03/12/91; catchline editorially created, 6/94; Ord. 4438, 09/09/08)

It shall be unlawful for any person to open, operate, or engage in the business of operating either (a) a retail food production and marketing establishment in geographic areas in which the County Health Officer is responsible for enforcing state statutes, orders, quarantines, rules or regulations relating to public health; or (b) a restaurant, retail food vehicle, vending machine or bakery in unincorporated areas of the County, unless that person holds a valid permit issued by the County Health System.

(Prior code § 5540.2; Ord. 1099, 02/15/55; Ord. 2324, 07/08/75; Ord. 3308, 03/12/91; Ord. 4438, 09/09/08)

(a) Any person desiring to open a food establishment shall apply in writing for a permit to the Health System. He may not engage in business until his Application has been accepted and a permit issued.

(b) Any person who is engaged in the operation of a food establishment at the time this chapter becomes effective shall apply for a permit in writing to the Health System within sixty (60) days following the effective date of this chapter. The Health System shall grant or deny each Application within one hundred twenty (120) days after receipt of the Application. Thereafter, it shall be unlawful for any person to continue to operate such food establishment without having a permit as herein provided.

(Prior code § 5540.3; Ord. 1099, 02/15/55; Ord. 1907, 06/18/68; Ord. 2324, 07/08/75; Ord. 3308, 03/12/91; Ord. 4438, 09/09/08)

(a) If, after investigation, it is determined that the food establishment complies with the requirements of state laws and with the requirements of this chapter, a permit shall be issued by the Health System.

(b) A permit may be revoked or suspended by the County Health Officer where he has determined that a violation of state law or a provision of this chapter exists, where he has given written notice to the permittee of said violation, and where said permittee has failed or neglected with a reasonable time after such notice to make the necessary corrections called for therein.

(c) Any permittee who feels aggrieved by an action of suspension or revocation of a permit by the County Health Officer is entitled to a hearing before the County Hearing Officer and the County Health Officer shall inform the permittee of this right. Upon receipt of a request for a hearing, the County Hearing Officer shall set the matter for hearing at the earliest practicable date, but in no event later than fourteen (14) days from the effective date of suspension or revocation. At said hearing, the County Hearing Officer shall consider the report of the Health Officer and any evidence presented by the permittee allegedly aggrieved. The County Hearing Officer may reject, affirm, or modify the Health Officer's decision, which action shall be final.

(d) All permits issued under the provisions of this chapter must be posted on the Premises of the business in a conspicuous place.

(e) Permits are not transferable from one business or location to another, or from one person to another.

(Prior code § 5540.4; Ord. 1099, 02/15/55; Ord. 1201, 01/08/57; Ord. 2324, 07/08/75; Ord. 3308, 03/12/91; Ord. 4438, 09/09/08)