Article 7-25

SALE OF FOOD

Sections:

For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise:

(a) Food means all articles used for food, drink, confectionary, or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

(b) Food establishment means any public or private restaurant, market, shop, store, delicatessen, warehouse, cold storage plant or other plant or place in or about which any food is kept, held, sold, prepared, compounded or offered for sale for human consumption. Such establishments shall specifically include, but shall not be restricted to, bakeries, bottling works, food and condiment packers, fruit and vegetable stands, markets and any other premises where food products are kept, stored, handled, manufactured or offered for sale, ice stations and all food processing or cannery plants of any type.

(c) Health Officer means the County Director of Public Health or any other person duly authorized to act in his behalf.

(d) Mobile canteen means any vehicle or other mobile unit purveying, for immediate human consumption, foods that have been cooked, mixed, blended, compounded or prepared in establishments permitted for that purpose only and under an approved local, State or federal inspection service.

(e) Other mobile units means any vehicle, truck, trailer, cart, wagon, dray, conveyance or structure not firmly fixed to a permanent foundation which does not specifically require a license to operate by the State Department of Motor Vehicles.

(f) Processed meats means any meat or meat food product that has been canned, potted, cased, cooked, cured or otherwise prepared for human consumption under the inspection, and carrying the brand, of an official meat inspection service approved by the Bureau of Meat Inspection of the State Department of Agriculture. This definition does not include fresh meat, cased fresh ground meat, fish or poultry of any kind.

(g) Processing includes cooking, mixing, blending, compounding or the preparation of foods for human consumption.

(h) Restaurant means any eating or drinking establishment which sells or offers for sale to the public any food for immediate human consumption, and includes any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunchroom or cafeteria, labor and construction camp kitchens, dining rooms, public boardinghouse, box lunch establishments, catering services and barbecue pits in which food or drink is prepared on the premises for sale or distribution elsewhere. The term shall also include all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors.

(i) Utensils means kitchenware, tableware, glassware, cutlery, containers, machinery, implements and receptacles used in processing, storage, distribution or serving of food or drink.

(j) Vehicle means any automobile, truck, trailer or other conveyance requiring a license from the State Department of Motor Vehicles.

The duty and authority to enforce the provisions of this Article are hereby delegated to the County, to be performed by the Health Officer and his authorized representatives.

7-25.030 Food establishments.

(a) Permit required. No person shall operate a food establishment in the City or sell, offer for sale,

(Saratoga Supp. No. 43, 7-18)

134.5

7-25.030

distribute or have in his possession for sale or distribution in the City any food or drink intended for human consumption unless possessing a permit to do so from the Health Officer.

(b) Application for permit; inspection of premises. Application for a permit under this Section shall be made in writing to the Health Officer on such form as he may prescribe. The Health Officer shall, upon receipt of such application, make or cause to be made an examination of the premises for which such permit is requested.

(c) Issuance or denial of permit. If, upon examination of the premises for which application for a permit is made, the Health Officer shall find such premises, buildings, and the equipment and apparatus therein to be in accordance with the laws of the State, the requirements of this Article and the rules and regulations of the Health Officer, he shall issue a permit for the conduct of such business. Such permit shall be issued annually for the calendar year. The Health Officer is hereby empowered to deny or withhold a permit for which an application has been made if, in his judgment, the requirements of State law or this Article are not met.

(d) Permit fees. The fee for issuance of a permit under this Section shall be such amount, and payable at such time, as established by resolution of the Board of Supervisors.

(e) Transferability of permit. No permit for any food establishment within the City shall be transferable.

(f) Suspension or revocation of permit. The Health Officer may suspend or revoke any permit authorized by this Section whenever he finds that the holder of such a permit fails or refuses to comply with the laws of the

134.6

(Saratoga Supp. No. 43, 7-18)

7-25.100

milk, buttermilk or other dairy products sold, designed or advertised as certified shall be conspicuously marked with the name of the commission certifying it and certifying the milk from which such cream, skimmed milk and other dairy product is obtained.

(c) Guaranteed raw milk. Guaranteed raw milk is market milk which conforms to the following minimum requirements:

(1) The health of the cows and goats shall be determined at least once each month by an official representative of a milk inspection service approved or established by the Director of the State Department of Agriculture.

(2) It shall be produced on dairy farms which score not less than ninety percent on the dairy farm scorecard.

(3) It shall be bottled on the premises where produced and delivered in containers having the pouring lip completely protected from contamination.

(4) Itshallbecooledimmediatelyafterbeingdrawn from the cow or goat to fifty degrees Fahrenheit or less, and so maintained until delivered to the consumer, at which time it shall contain no more than 10,000 bacteria per milliliter.

(5) It must be sold to the customer within thirty hours after production and labeled to indicate the date of sale to the consumer. All persons who come in contact with the guaranteed raw milk must exercise scrupulous cleanliness and not be afflicted with any communicable disease or in a condition to disseminate the germs of any communicable disease liable to be conveyed by milk. The absence of such germs in all such persons shall be determined by bacteriological and physical examination by the County Health Department or other person or laboratory approved in writing by the Health Department, conducted at the time of employment and every six months thereafter in a manner approved by the Health Officer.

decayed, or partially decayed or unwholesome meat, fish, shellfish, fowl, fruits, vegetables or other unwholesome food found within the City.

(a) No person, or agent or employee of any person, shall sell, offer for sale, distribute or have in his possession for sale or distribution in the City, any sausage or other meat food product, unless the same has been manufactured or prepared in accordance with the laws of the State.

(b) No person, or agent or employee of any person, shall sell, offer for sale, distribute or have in his possession for sale or distribution in the City, the flesh of any cattle, horse, sheep, lamb, swine or goat, unless the same bears on each primal part thereof, the "Inspected and Passed" stamp of an establishment operating under federal inspection, state inspection or approved municipal inspection.

The violation of any provision contained in this Article shall constitute a misdemeanor and a public nuisance, subject to the penalties as set forth in Chapter 3 of this Code.

The Health Officer is hereby authorized to make such rules and regulations, in addition to those contained in this Article, as in his opinion will best serve the public interest.

The Health Officer is hereby authorized and directed to seize and destroy or denaturize any tainted,

137

(Saratoga Supp. No. 42, 12-17)

Article 7-30

NOISE CONTROL

Sections:

7-30.010 Purposes of Article. 7-30.020 Definitions. 7-30.030 Exemptions. 7-30.040 Noise standards. 7-30.050 Repealed. 7-30.051 Leaf blowers. 7-30.060 Exceptions for specific activities. 7-30.070 Exhaust fans. 7-30.080 Authority to require noise study. 7-30.090 Exception permits. 7-30.100 Violations of Article; enforcement; penalties.