Tracy Municipal Code Ch. 5.28 Food Handling Establishments

Unless the context otherwise requires, the words and phrases defined in this chapter shall have the meanings respectively ascribed to them.

(a) References to California Restaurant Act. Whenever any words or phrases used in this chapter are not defined in this chapter but are defined in the California Restaurant Act (division 21, chapter 11 of the Health and Safety Code of the State), such definitions are incorporated in this chapter and shall apply to such words and phrases used in this chapter as though set forth in full in this chapter.

(b) Health Officer. "Health Officer" shall mean the Director of Environmental Health of the San Joaquin Department of Environmental Health or any of his or her authorized representatives.

(c) Food handling establishment. "Food handling establishment" shall mean and include every confectionery, grocery, meat market, restaurant, school lunchroom, tearoom, soda fountain, public buffet, grill room, lunch counter, sandwich stand, dining room, coffee shop, boardinghouse, hotel, club, beer parlor, cocktail lounge, and catering establishment or operation in the City which is engaged in the production, preparation for sale, manufacture, packing, storage, sale, or distribution of any food, including, without limitation upon the foregoing, public eating places and mobile vendors, peddlers, and transporters of food operating from or in vehicles.

(d) Permit. "Permit" shall mean a permit for food handling establishment granted pursuant to the provisions of this chapter.

(Ord. 1120 § 7, 2008: prior code § 5-7.01)

It shall be unlawful for any person to operate a food handling establishment in the City without a valid, unsuspended and unrevoked permit therefor issued by the Health Officer as herein provided.

(a) Application for Permit. A permit to operate a food handling establishment shall be issued only upon application therefor directed to the Health Officer and containing such information regarding the applicant, the premises and proposed operation of the food handling establishment as the Health Officer deems necessary for the enforcement of this chapter. All applications shall be in writing, on forms furnished by the Health Officer, dated and signed by the applicant and shall contain the mailing address of the applicant.

(b) Permits. Upon the filing of the application with the Health Officer, the Health Officer shall cause to be made an investigation of the premises upon which the food handling establishment is to be operated and the proposed operation of the same as described in the application, and if the Health Officer determines that the premises and the proposed operation described in the application comply with all applicable laws, ordinances, rules and regulations and will not endanger the public health, he shall issue a permit to applicant. All permits shall be dated, set forth the name of the permittee and describe or identify the premises and operation for which the permit is issued.

(c) Term of Permit. A permit may be granted at any time during the fiscal year, but all permits shall expire on the 30th day of June of the year in which the same became effective. Application for renewal shall be made annually at least thirty (30) days prior to the expiration of the permit.

(d) Permits Not Transferable. Permits shall not be transferable from one permittee to another or from one establishment, location or premises to another.

(e) Display of Permit. Every permit shall be kept posted and displayed in a conspicuous place upon the premises to which it applies.

(f) When Permit is Not Required. No permit is required for wholesalers' vehicles transporting food to food handling establishments.

(g) Compliance With Health Laws. All permits shall require among other things, compliance with all the provisions of this chapter, with the rules and regulations of the Health Officer, with the provisions of Chapter 11, Division 21 of the Health and Safety Code of the State known as the California Restaurant Act, and with all other applicable laws, rules and regulations.

(h) Building Permits. No building permit shall be issued by any agency or department of the City to any person for any proposed construction or alteration of any structure used or proposed to be used as a food handling establishment until the plans therefor have been approved by the Health Officer as being in compliance with the pro-visions of this chapter and the rules and regulations of the Health Officer.

(Prior code § 5-7.02)

(a) Duties of Health Officer. The Health Officer shall have the power to and may adopt, promulgate, amend and rescind uniform rules, regulations and requirements relating to the conduct and operation of food handling establishments not in conflict with the laws of the State that he may deem necessary to protect and preserve the public health.

(b) Violation of rules and regulations. The violation by a permittee of any rule or regulation of the Health Officer applicable to the premises or the operation described in the permit or the violation of any applicable law, rule or regulation shall be grounds for the suspension or revocation by the Health Officer of the permit.

(Ord. 1120 § 8, 2008: prior code § 5-7.03)

(a) Suspension. Whenever the Health Officer finds that the terms of any permit are being violated or that the public health is endangered by any act, condition or operation upon the premises or in connection with the operation for which a permit is granted, he may order the immediate cessation of, abatement of or action to correct such act, operation, or condition, and he may order the suspension of the permit applicable to such premises or operation. The suspension of a permit is in addition to and is not limited by or in derogation of any other authority or power which the Health Officer may have under any statute, law, rule or regulation. The notice of suspension shall set forth the grounds for the suspension. In the event of suspension of a permit, the Health Officer may cause the removal of the permit from the premises and may post a notice of such suspension in a conspicuous place upon the premises.

(b) Effective Date of Suspension. No suspension shall be effective until the Health Officer has made a written finding that the public health is endangered by some act, operation or condition existing upon the premises or in connection with the operation for which the permit therefor was issued, and until such time as a notice of suspension stating the grounds for such suspension is posted upon the premises for which the permit was granted, or a copy thereof is personally served upon the permittee or is deposited in the United States Mail in a sealed envelope, postage prepaid, addressed to the permittee at the address given in his application, or at his last known business or residence address as the same appears in the records of the City.

(c) Hearing Upon Suspension or Order. Any permittee whose permit has been suspended by order of the Health Officer or who has been ordered by the Health Officer to cease, abate or correct an act, operation or condition shall be given a hearing by the Health Officer within three (3) days following service of written notice signed by the permittee and served upon the Health Officer and requesting such hearing. At such hearing the Health Officer shall consider all evidence presented and shall either withdraw, amend, or continue the order or the suspension in full force and effect.

(d) Term of Suspension. At such time as the act, condition or operation described in the order of suspension is corrected and the Health Officer finds that the public health is no longer endangered as a result of the operation of the food handling establishment, the suspension order shall be withdrawn by the Health Officer and the permit reinstated.

(Prior code § 5-7.04)

(a) Hearing. A permit issued pursuant to this chapter may be revoked upon a hearing being had before the Health Officer as in this chapter provided. Written notice of any proposed revocation of a permit shall be served upon the permittee not less than ten (10) days prior to the date of the hearing upon such revocation either by personal service upon the permittee or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to the permittee at the address given in his application or at his last known business or residence address as the same appears in the records of the City. The notice of the hearing upon the proposed revocation shall state, among other things, the following:

(1) The name of the permittee and reference to the permit in question;

(2) The proposed revocation and the grounds therefor; and

(3) The time when and the place where the hearing before the Health Officer shall be held.

All hearings upon proposed revocations shall be had not less than ten (10) days nor more than thirty (30) days after the giving of the notice of the hearing of the proposed revocation.

(b) Revocation by Health Officer. Upon the hearing upon the proposed revocation of the permit, the Health Officer, if he finds that the continued operation of the food handling establishment described in the permit endangers the public health, may revoke the permit upon such terms and conditions as in the exercise of sound discretion he may determine, or he may dismiss the proceedings and reinstate the permit. In the event that the permit is revoked, the Health Officer shall cause a notice of the revocation to be posted in a conspicuous place upon the premises for which the permit was granted and a copy thereof to be personally served upon the permittee or deposited in the United States Mail in a sealed envelope, postage prepaid, addressed to the permittee at the address given in his application, or at his last known business or residence address as the same appears in the records of the City.

(Prior code § 5-7.05)

(a) Appeals from orders, suspension or revocation. Appeal may be taken from any order of the Health Officer or suspension or revocation of a permit by the Health Officer following the appeal procedures required by San Joaquin County.

(b) Action upon appeal. Upon the hearing of any appeal, the Board of Trustees of the San Joaquin Local Health District may affirm, modify or revoke the order, suspension or revocation of the Health Officer from which the appeal was taken, and may reinstate the permit.

(Ord. 1120 § 9, 2008: prior code § 5-7.06)

Any person violating any of the provisions of this chapter or knowingly or intentionally misrepresenting to the Health Officer or any of his representatives any material facts in procuring a permit shall be guilty of a misdemeanor.

(Prior code § 5-7.07)