Stanislaus County Municipal Code Ch. 6.48 Restaurants

A. "Food or beverage" includes all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof for human consumption.

B. "Itinerant" restaurant means any restaurant, operating from temporary facilities, serving, offering for sale, selling or giving away food or beverage and includes, but is not limited to, a restaurant where only wrapped sandwiches or other wrapped and packaged, ready-to-eat foods are served, and any mobile unit on which food is prepared and served.

C. "Person" means natural person, club, including veterans' club, firm, corporation, partnership, organization, association or political subdivision.

D. The word "restaurant" as used in this chapter means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, itinerant restaurant, vehicle, private and public school cafeteria or eating establishment, in-plant or employee eating establishment, whether private or public, organization, club, including veterans' club, boardinghouse, guest house, or political subdivision, which gives, sells, or offers for sale, food to the public, guests, patrons, members or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering function.

E. "Vehicle" means any vehicle upon which food or beverage is displayed, sold or offered for sale, or given away.

(Prior code §7-20 thru §7-24)

It is declared unlawful for any person to engage in the business of conducting a restaurant within the county without first having obtained, and thereafter keeping posted in a conspicuous place on the premises for which it is issued, an unexpired permit to conduct such business as in this chapter provided.

(Prior code §7-25)

Any person desiring a permit to conduct a restaurant in the county shall file with the health officer of the county, or his authorized representative, an application in writing requesting that a permit be issued to the person therein named. Plans for any new restaurant construction and remodeling shall be submitted to the health officer, or his authorized representative, for approval. Such application shall be upon a form supplied by the health officer, and shall state that if the permit is granted, the applicant shall conform to and comply with all requirements of this chapter.

(Prior code §7-26)

Immediately upon receipt of such application, the health officer, or his authorized representative, shall investigate the premises on which it is proposed to conduct the business and determine whether the same and the equipment used or to be used therein comply with the rules and regulations prescribed by this chapter and with the laws of the state pertaining to restaurants, and if satisfied that the premises and equipment comply with such rules and regulations and laws, he shall issue a permit to the applicant to conduct the business. The permit, when issued, shall be kept posted in a conspicuous place on the premises for which it is issued, and no permit shall be transferable from one person to another.

(Prior code §7-27)

Each permit issued by the health officer of the county for conduct of a restaurant shall expire at the end of twelve calendar months from the date of issuance thereof, or at such time as the person to whom the permit was issued ceases to conduct the restaurant, whichever first occurs.

(Prior code §7-28)

Any permit to conduct a restaurant may be revoked by the health officer of the county in the event that he determines that any of the regulations contained in this chapter have been violated, whereupon the permit shall be surrendered to the health officer. Any person whose permit has been revoked by the health officer as provided in this section, may appeal to the board of supervisors by filing a written notice of appeal within ten days of such act of revocation, with the clerk of the board of supervisors. At its next regular meeting following the filing of a notice of appeal, the board of supervisors shall fix a time and place for hearing the appeal, and the clerk shall provide notice of the hearing to the appellant and to the health officer. At the hearing, the board of supervisors may receive evidence and inquire into the revocation and shall have power in its discretion to restore the permit, or affirm the act of the health officer in revoking the permit. Any restaurant, the permit for which has been revoked by the health officer, shall remain closed pending the hearing of any appeal and decision thereon by the board of supervisors.

(Prior code §7-29)

Any person operating a restaurant within the county shall be governed by the following regulations. The violation of any regulation shall be and constitute grounds for revocation of the permit to conduct said business within the county:

A. Regulation No. 1. Statutes. Any person operating a restaurant shall meet and comply with all requirements of the California Food Sanitation Act and the California Restaurant Act and all other laws of the state pertaining to restaurants and the premises on which the same are conducted.

B. Regulation No. 2. Equipment. Any piece of equipment or any fixture in any restaurant which has deteriorated to such an extent as to be no longer satisfactory shall be replaced promptly by equipment deemed satisfactory by the health officer.

C. Regulation No. 3. Hood. Each cooking stove, griddle, or fat fryer used in connection with the restaurant business must have an approved power ventilation system. Hoods, where used, must have an area at least twenty-five percent greater than the area of the stove, griddle or fat fryer and must lead to a forced air ventilating flue.

D. Regulation No. 4. Sink. Wherever utensils are washed and chemically sanitized, a three compartment, smooth surfaced sink of noncorrodible material must be provided which must have smooth metal supports, corrugated metal drain board and smooth metal splash board extending the full length of the sink and drain board. Provided, however, that a two compartment sink described as above shall be acceptable wherever proper facilities for hot water sanitation are available. Provided, further, that mechanical dishwashing machines approved by the health officer and sinks constructed of material approved by the health officer may be used.

Metal lined wood for sinks and drain boards is prohibited; likewise, wood or metal lined wood are prohibited for use as soiled dish receptacles.

E. Regulation No. 5. Lavatory Facilities. Adequate and convenient handwashing facilities shall be provided within or adjacent to toilet rooms, including hot and cold running water, soap and approved sanitary towels.

F. Regulation No. 6. Plumbing. Every plumbing fixture must be provided with running water. Plumbing fixtures from which wastes are discharged must be properly trapped and each trap must be effectively vented and these fixtures must be connected to an approved sewerage system.

G. Regulation No. 7. Refrigeration. Frozen foods must be properly refrigerated so as to assure their preservation. Every cold room and every ice box refrigerator must be held at a temperature below fifty degrees Fahrenheit. Cream pies must be kept under refrigeration. Waste water from any ice box, refrigerator or from any pump, must not be discharged onto the ground, but into a sink which is properly plumbed, as in Regulation No. 6.

H. Regulation No. 8. Display or Storage. Fruits, vegetables and all other foods must not be openly displayed or stored lower than eighteen inches above the level of the floor. Dirt floors are prohibited in any storage room.

I. Regulation No. 9. First Aid Instructions. At all times during which a restaurant is serving food, instructions on first aid to persons choking on food shall be posted in a conspicuous place.

J. Regulation No. 10. First Aid Training. At all times during which a restaurant is serving food, there shall be on the premises at least one person having in his possession a card issued by the health officer showing that within two years prior thereto such person received instruction concerning first aid for persons choking on food.

K. Regulation No. 11. Approved Managers. At all times that food is being served, a restaurant shall have on the premises a manager, or other person in charge, who shall have in his possession a certificate of approval issued by the health officer. Certification will require training in basic sanitary food handling practices, knowledge of state laws pertaining to food handling, and management responsibilities. The health officer shall establish criteria and be responsible for all instructions pursuant to this requirement.

L. Regulation No. 12. Use of Sanitizing Agents. Each restaurant shall be equipped with equipment to test the effectiveness of the chemical sanitizing agent being used for sanitizing purposes within the restaurant. The manager or other person in charge shall be familiar with the type of chemical in use, its method of application, and test procedures.

(Prior code §7-30)