Chapter 9.40 — RESTAURANT SANITATION

State Law reference— For the statutory provisions authorizing local government units to enforce standards of sanitation and health for restaurants, see Health and Safety Code §28693.

This chapter is known and may be cited as the Sutter Creek Restaurant Ordinance. The following words and phrases, when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section.

A.

"Health officer" when applied includes the director of health, health officer, and any duly authorized deputy, sanitarian, or other agent of the health department of the County of Amador, and shall include duly authorized personnel of the State of California Department of Public Health in the performance of any contract between the State of California and the County of Amador or applicable state law, city ordinance, or state or city rule or regulation or contract in aid thereof.

B.

"Operator" means any person or owner engaged in the dispensation of, or assisting in the preparation of food.

C.

"Owner" or "owners" means those persons, partnerships or corporations who are financially interested in or responsible for the operation of a public eating place.

D.

"Public eating place" means and includes every restaurant, public or private school, lunch room, tea room, soda fountain, buffet, grill room, lunch counter, sandwich stand, dining room, coffee shop, public boarding house, hotel, club, beer parlor, cocktail lounge, labor and construction camp kitchens and dining room, public or private recreation or vacation ranch or camp kitchen or dining room, and every other place where food or drink is prepared to be consumed on the premises, and all kitchens, commissaries and other rooms appurtenant thereto or connected therewith, situated within the city.

E.

"Utensils" includes kitchenware, tableware, glass-ware, cutlery, containers, machinery, implements, receptacles, supplies or other equipment used for storage, preparation, distribution or serving of food or drink.

(Ord. 153 §1, 1968)

The county health officer and his duly authorized deputies or sanitarians or other agents are charged with the enforcement of the provisions of this chapter, and the health officer and his duly authorized deputies or sanitarians or other agents may at all reasonable times enter any public eating place, or any place suspected of being a public eating place, to inspect the premises and utensils, implements, machinery, receptacles, fixtures and other equipment, supplies, articles of food, operatives and employees therein.

(Ord. 153 §2, 1968)

The county health department may adopt and enforce reasonable administrative rules and regulations for the execution of its duties under this chapter.

(Ord. 153 §3, 1968)

It is unlawful to operate or permit to be operated any public eating place without an unrevoked permit issued in accordance with the provisions of this chapter.

(Ord. 153 §4, 1968)

A.

Any person now operating a public eating place without a permit, or intending to operate any public eating place, shall make an application to the health officer upon a form provided by such health officer, giving the names of the owner or owners, manager or managers thereof, the address, location, and other information as the health officer may require for the administration of this chapter and state health laws.

B.

This application shall include a signed statement that such applicant will observe the provisions of this chapter, the rules and regulations of the county health officer, the state health laws and the rules and regulations of the State Department of Public Health.

C.

At the time of submitting plans to the building department for a new or remodeled food establishment, submit to the health department a copy of the proposed plans showing the location of all fixed equipment such as dishwashing facilities, ranges, walk-in refrigeration, service counters, soda fountain and similar items, also show toilet rooms, vestibules, dressing rooms and any other item pertinent to the food establishment. Plans for sewage and water supply must also be submitted.

(Ord. 153 §5, 1968)

Following receipt of the application by the health officer, he shall make or cause to be made an inspection of the premises, and if the provisions of this chapter, the rules and regulations of the Amador County Health Officer, state health laws and the rules and regulations of the State Department of Public Health have been complied with, he shall so certify that fact to the applicant and issue a permit to operate upon a form approved by the health officer; provided, that such permit may be issued by the health officer without making such an inspection if his experience and knowledge of the premises affords him reasonable assurance of compliance with the provisions of this chapter. If the public eating place does not conform to the provisions of this chapter, or rules and regulations of the county health officer, or the state health laws or the rules and regulations of the State Department of Public Health, the health officer shall not issue a permit.

(Ord. 153 §6, 1968)

The certificate of compliance issued by the health officer shall be considered the permit to operate under the provisions of this chapter.

(Ord. 153 §7, 1968)

No permit to operate a public eating place shall be issued to any person until all of the provisions of this chapter, the rules and regulations of the health officer, the state health laws, and the rules and regulations of the State Department of Public Health, as well as all other ordinances of the city in relation to proper location, construction, and equipment of the public eating place, shall have been complied with.

(Ord. 153 §8, 1968)

A permit shall be granted only on the express condition that it shall be subject to revocation or suspension by the health officer upon a showing satisfactory to such health officer of the violation of such permit by the holder, his employee, servant or agent, or any other person acting with his consent or under his authority, or any provision of this chapter or any law of the state or any rule or regulation of the State Department of Public Health regulating public eating places.

(Ord. 153 §9, 1968)

A permit for which application is made, under the provisions of this chapter, may be granted at any time during the year, but all permits granted hereunder shall expire on the thirty-first day of December of the year in which the same became effective.

(Ord. 153 §10, 1968)

Every permit shall be kept posted in a conspicuous place in the establishment, place of business for which the permit is issued under the provisions of this chapter.

(Ord. 153 §11, 1968)

Any permit issued under these provisions shall not be transferable from one location to another, nor from person to person.

(Ord. 153 §12, 1968)

If it is determined by the health officer following any investigation or inspection of any place of business required by the provisions of this chapter to have a permit that the operator, owner or manager has not complied with the provisions of this chapter and all other applicable statutes, ordinances, rules and regulations, particularly the health and sanitary laws and regulations, the health officer shall immediately revoke the permit issued to the operator, which grants permission to operate.

(Ord. 153 §13, 1968)

Should a permit be revoked, and the operator continues to operate, each day of operation shall be a separate and distinct violation of this chapter.

(Ord. 153 §14, 1968)

The owner, operator or manager of any place of business hereunder required to have a permit, in which the permit to operate has been revoked, shall be required to completely correct the conditions upon which the health officer based his reason for revoking the permit, and shall be required to make a new application for a permit as provided for in this chapter in the same manner as for a new place of business. Such application shall include a statement signed by the operator that the condition complained of by the health officer has been completely corrected.

(Ord. 153 §15, 1968)

The city clerk in incorporated areas, or the county clerk in unincorporated areas, after the effective date of the ordinance codified in this chapter, shall not issue any business license to operate a public eating place as defined herein, unless and until a permit shall have been issued by the health officer in accordance with this chapter.

(Ord. 153 §16, 1968)

Any person, firm or corporation who violates any provisions of this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than twenty-five dollars nor more than five hundred dollars, or by imprisonment in the county jail for a term not to exceed six months, or by both such fine and imprisonment.

(Ord. 153 §17, 1968)