Soledad Municipal Code Ch. 8.04 Health Permits for Certain Businesses

This chapter does not apply to any business, facility or activity that is subject to regulation under the California Uniform Retail Food Facilities Law, being Division 22 (commencing with Section 27500) of the California Health and Safety Code, except to the extent that regulation by a local agency is authorized under the provisions of Section 27503 of the Health and Safety Code.

(Added during 1986 codification)

"Health officer," as used in this chapter, means the county health officer, or his designated representative.

(Amended during 1986 codification; prior code § 10-6 (part))

It is unlawful for any person, firm or corporation owning, controlling or carrying on as principal or agent in the city, the business or occupation of public laundry, manufacturing or bottling table water or other beverages, box lunch establishment, bakery establishment, bakery distributor, wholesale candy or confectionery manufacturing, confectionery or soda fountain, fruit stand, wholesale fruit produce, food products establishment, restaurant, lunch stand, retail or wholesale poultry house, poultry peddler, poultry slaughterhouse, sausage factory, meat market, meat peddler, wholesale meat house, fish market, wholesale fish market, fish peddler, public bathhouse, barbershop, beauty shop, grocery store or wholesale grocery business, without first applying for and securing a permit in writing from the health officer, and no business license shall be issued by any officer of the city until the permit has first been obtained.

(Prior code § 10-6 (part))

If after an investigation and consideration of any application for a permit required by Section 8.04.030 it appears to the health officer that the place, vehicle, business, building or institution conforms to, and that the applicant has complied with, all the sanitary and health laws of the state, this code and ordinances of the city relevant thereto, the health officer shall grant the permit applied for.

(Prior code § 10-7)

The health officer, in his discretion, is empowered to deny or withhold a permit for which an application has been made, if, in his judgment, the building, premises, equipment, apparatus, vehicle, or other facilities for the establishing, maintaining, conducting, or operating the business or institution for which a permit is requested is or are insufficient, unfit or incapable of being used, maintained, or operated in a safe and sanitary manner without endangering the public health, safety, and general welfare, or if said building, premises, equipment, apparatus, vehicle or other facilities fail to comply with all applicable laws, rules and regulations of governmental authorities relating to public health and sanitation, including those set forth in this chapter or elsewhere in this code.

(Amended during 1986 codification: prior code § 10-8)

The health officer may suspend or revoke any permit issued pursuant to this chapter at his discretion upon proof to his satisfaction of a violation by the holder of the permit of this chapter or any other ordinance of the city, or law of the state, regulating and establishing standards for public health, comfort, sanitation and hygiene in the conduct, arrangement, management or operation of the businesses and institutions regulated by this chapter. It is unlawful, during the period of any such suspension, or after any such revocation, for any person to engage in any business, occupation or activity in the city for which such permit is required.

(Amended during 1986 codification: prior code § 10-9)

Any person whose permit issued under the provisions of this chapter has been suspended or revoked has the right to appeal to the council in writing within three days after notification of such suspension or revocation or within thirty days after the denial thereof, and to be heard by the council with relation thereto at its next regular or regular adjourned meeting, or at a special meeting of the council called for such purpose, and the action of the council upon such appeal shall be final and conclusive with respect to the suspension or revocation of the permit.

(Prior code § 10-10)

In the event that an appeal is taken as provided in Section 8.04.070, the business or occupation (where the permit has already been granted) shall not be suspended until the final disposition of the appeal by the council as provided in Section 8.04.070.

(Prior code § 10-11)

Except as otherwise provided, all permits issued by the health officer, as required by this chapter, are valid for the period that the business license of any person is valid unless sooner revoked or suspended, or unless the holder of the permit changes the location of his place of business or sells, assigns, transfers or otherwise disposes of such business or institution or his interest therein for a period of thirty days or more. Upon the expiration of any permit, and within seven days thereafter, the person trafficking in, conducting or operating such business or institution shall apply for and secure a renewal of the permit in the manner provided for by this chapter. All permits issued shall be kept posted in a conspicuous place of the business vehicle or institution of the permit holder.

(Prior code § 10-12)

The health officer or his designated representative, or any peace officer, has a right to make an inspection to enforce the provisions of this chapter or other applicable law by entering into any building or upon any property within the city when that person has reasonable cause to believe that there exists in any building and/or upon any property any violation of this chapter or other applicable law or regulation relating to public health and sanitation; provided, that:

A. If the building and/or property be occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor; and if the building and/or property is unoccupied, he shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building and/or property and request entry, explaining his reasons therefor;

B. If entry into the building or upon the property is refused, the health officer or his designated representative, or any peace officer, shall obtain an inspection warrant pursuant to the provisions of Code of Civil Procedure Sections 1822.50—1822.57, for the entry and inspection of the building and/or property;

C. Notwithstanding the preceding provisions of this section, if the health officer or his designated representative, or any peace officer, has reasonable cause to believe that the building and/or the property is contaminated or unsanitary, or in violation of this chapter or any other applicable law or regulation relating to public health and sanitation, by reason of which there is an unsafe or dangerous condition requiring immediate inspection to safeguard the public health or safety, he shall have the right to immediately enter and inspect the building and/or property, and may use any reasonable means required to effect such entry and make the inspection, whether the building and/or property is occupied or unoccupied and whether or not permission to inspect has been obtained. If the building and/or property is occupied, he shall first present proper credentials to the occupant and request entry, explaining his reasons therefor.

(Added during 1986 codification)