Tiburon Municipal Code Ch. 10 Food and Food Establishments

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Employee. Any person working in a food establishment, whether with or without pay, who handles food during any phase of its storage, preparation, manufacture, distribution, serving or display, or who comes in contact with food equipment, utensils or machinery. (The owner of a food establishment, if engaged in food handling, is subject to the same requirements as any other person so engaged.)

Food. All articles used for human consumption as food, drink, confectionery, or condiment, whether simple or compound.

Food establishment. Any building, room, stand, vehicle, enclosure, place, space or area where any cooked or uncooked article of food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, distributed, served or displayed; except, that private dwellings in which food is handled by and for only the occupants of those dwellings and their household guests are not included in this definition.

Health officer. The health officer of the county, or his authorized representative.

(Ord. No. 19, § 1)

It is unlawful for any person to operate any food establishment within the town without a valid certificate issued by the county health officer or his authorized representative. Such certificate shall be displayed prominently in the place of business for which it is issued.

(Ord. No. 19, § 2)

* As to business licenses generally, see ch. 4 of this Code.

No certificate to operate a food establishment shall be issued until all of the provisions of this chapter and of the California Restaurant Act, and all of the rules and regulations of the state board of public health have been complied with. The certificate shall expire six months after date of issuance. A certificate is not transferable upon change of ownership of a food establishment.

(Ord. No. 19, § 2; Ord. No. 121 N.S., § 1)

A certificate under this chapter may be suspended by the health officer for violation of any provision of this chapter, but not until after the holder has been given an opportunity for a hearing before the health officer. After the hearing a reasonable time shall be allowed by the health officer for correction of the violations. During that correctional period the certificate may be suspended and the food establishment may be ordered closed during the suspension if the health officer deems such action necessary for the protection of the public health. The suspension shall be lifted if full compliance with sanitary requirements is obtained at the end of the time allowed; if compliance is not obtained, the certificate shall then be revoked.

(Ord. No. 19, § 2)

Inspections under this chapter shall be based upon provisions of the California Restaurant Act and on rules and regulations of the state board of public health and subsequent modification thereof.

(Ord. No. 19, § 2)

After the issuance of any certificate under this chapter, and during the full life of such certificate, no person shall be employed in such food establishment except those whom the health officer shall have cleared or approved at the time of such certification, or other personnel who shall have been certificated or approved by him thereafter, but prior to commencing work.

(Ord. No. 19, § 2.1)