8.32 — HEALTH PERMITS

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

"Caterer" means a person who operates from a permitted food establishment and who transports food on an occasional and temporary basis to a location or locations within the City to provide the food for a special function, occasion or event.

"Commercial agricultural operation" means the use of any property to house or raise animals, fowl, or plants for consumption or other use wherein the animals, fowl, plants, or their byproducts are not entirely used or consumed on that property or by the persons occupying the property. This definition shall also include such operations as kennels, holding pens, and stables.

"Commissary" means a retail food establishment in which food, containers, equipment, or supplies are stored or handled for use in mobile food facilities, mobile food preparation units, stationary mobile food preparation units, or vending machines.

"Food" means any raw or processed substance, ice, beverage, including water, or ingredient intended to be used as food, drink, confection, or condiment for human or animal consumption.

"Food processing establishment" means any room, building, or place, or portion thereof, maintained, used or operated for the purpose of commercially packaging, making, cooking, baking, mixing, processing, bottling, canning, packing, packaging, slaughtering, salvaging, or otherwise preparing or handling food, including ice for human consumption; except retail food facilities, food warehouses, and wholesale food vehicles.

"Food vending machine" means any self-serving device offered for public use which, upon the insertion of coins or tokens, or by other means, dispenses unit servings of food or beverage either in bulk, cups, or packages without the necessity of replenishing the device between each vending operation. For the purpose of this chapter, however, food vending machines shall not include vending machines which dispense, exclusively, bottled or canned beverages, gum, candy, or other nonpotentially hazardous food when it is determined by the Health Officer that such vending machines do not require routine inspection for the protection of public health.

"Food vending machine business" means any person who installs, maintains, and replenishes one or more food vending machines at one or more locations within the City.

"Food warehouse" means any place, building, structure, room or portion thereof, where food is commercially distributed, stored, or held for transfer. "Food warehouse" does not include food processing establishments or retail food facilities.

"Garment manufacturing establishment" means any place, building or structure, room or portion thereof, where apparel and other garments and accessories are cut, sewed, or made from fabrics and similar materials, or stamped or dyed by the piece. Such apparel includes: suits, coats, work clothing, and other furnishings; outerwear, undergarments, hats, caps, and millinery; fur goods and miscellaneous apparel and accessories. Garment manufacturing establishment includes pattern makers and cutters.

"Health Department" or "Department" means the City Department of Environmental Health.

"Health Officer" means the City Health Officer, or duly authorized representative. The duties of the Health Officer are those set forth in the Health and Safety Code of the State. Whenever a power is granted to or a duty imposed upon the Health Officer in this chapter, the power may be exercised or the duty performed by a duly authorized representative of the Health Officer, unless this chapter expressly provides otherwise.

"Laundry" means any room, building, place, or portion thereof, maintained, used, or operated for the purpose of commercially laundering clothing, articles for personal wear, household linens, rags, or materials used for domestic, commercial, or industrial purposes.

"Laundry vehicle" means any vehicle used in whole or in part for the transportation of clothing, linens, rags, or other materials to or from a commercial laundry by such laundry or by the operator of an independent laundry business.

"Liquid waste pumping vehicle" means any vehicle used in whole or in part for the transportation of waste liquids, including, but not limited to, sewage, industrial by-products, waste water, and the cleanings from septic tanks, cesspools, chemical tanks, chemical toilets, sewage seepage pits, sewage clarifiers, sumps, and similar sewage interceptors.

"Location" means a building, a group of contiguous or adjacent buildings occupied by a single company, or a single parcel of unimproved property.

"Massage business" means a business as defined in Section 5.44.020.

"Mobile food facility" means any conveyance used in conjunction with the service of a commissary or other approved facility upon which prepackaged food or approved nonprepackaged food is sold or offered for sale at retail. Mobile food facility does not include a mobile food preparation unit.

"Mobile food preparation unit" means any vehicle in which unpackaged food is cooked or prepared, processed, wrapped, handled, packaged, or portioned for service, sale, or distribution at retail or given away to the public in the City.

"Offal vehicle" means any vehicle used in whole or in part for the transportation of offal, tankage, blood, feathers, bones, hides, pelts, or similar animal, fish or fowl by-products to or from locations within the City.

"Person" means any individual, company, firm, corporation, association, business, trust, joint venture or group or combination and acting as a unit; or, any employee, officer or any other kind of representative thereof acting either under personal appointment or pursuant to law, or any successor in interest thereto.

"Rendering plant" means an establishment where one or more of the following items is cooked, melted down, extracted, clarified, or otherwise processed to produce oil, tallow, grease, fertilizer, or animal feed; carcasses of animals or fowl, dead animals or fowl, fish, blood, offal, bones, meat, animal or vegetable fat, feathers, food scraps or waste and other animal, fowl, or fish byproducts.

"Rendering plant" shall not include an establishment exclusively producing fats, oils, lard, or similar products for human consumption; nor, a rendering process in connection with and incidental to a slaughterhouse, abattoir, packing plant, or similar establishment producing food for human consumption.

"Restaurant" means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, in-plant or employee eating establishments, or any other eating establishment, organization, or club, which gives, sells, or offers for sale, food to the public, guests, patrons, or employees; as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. The term "restaurant" shall not include vending machines, retail or wholesale food vehicles, food processing establishments, food warehouses, retail food markets, private homes, private clubs, churches, or cooperative arrangements by employees who purchase food or beverages for their own consumption and where no employee is assigned full-time to care for or operate the equipment used in such an arrangement.

"Retail food market" means any room, building, place, or portion thereof, maintained, used, or operated where food products, whether in bulk, canned, wrapped, bottled, or in any other form, are sold or kept for sale at retail for consumption on a premises other than where sold.

"Retail food production establishment" means any room, building, place, or portion thereof, maintained, used or operated for the processing or retail sale of food, except restaurants, retail food markets, wholesale food processing establishments, and food warehouses.

"Temporary event organizer" means the person or organization that is in control of any community event at which one or more temporary food facility operates.

"Temporary food facility" means a food facility operating out of temporary facilities approved by the Health Officer at a fixed location for a period of time not to exceed 25 consecutive or nonconsecutive days in any 90 day period in conjunction with a single, weekly, or monthly community event, as defined in the California Health and Safety Code.

"Waste" means all putrescible and nonputrescible solid, semi-solid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal wastes, and other discarded wastes.

"Waste collection business" means any person who engages in the business of operating one or more waste collection vehicles.

"Waste collection vehicle" means any vehicle used in whole or in part to convey solid or mostly solid waste to a waste disposal site, transfer station, or processing facility from a location or locations in the City. Waste collection vehicle shall not include a vehicle operated by a company in the City to convey waste from its place of business to a waste disposal site, transfer station, or processing facility or a vehicle used by a private individual to convey waste from the individual's home to a waste disposal site, transfer station, or processing facility, or a vehicle used by a governmental agency.

"Waste collection vehicle yard" means the premises of a waste collection business where waste collection vehicle(s) and/or waste container(s) are stored, serviced, or maintained.

"Waste disposal site" means any site, facility, or location which is used or maintained for the final disposal of waste.

"Waste processing facility" means any site, facility, or location which is used or maintained for the temporary storage and re-use, recycling, reduction, separation, treatment, recovery, conversion, or incineration of waste. Waste processing facility shall not include a company which is recycling waste material produced as a result of its own manufacturing process; provided, that such waste remains on the premises where produced until reused.

"Waste transfer station" means any site, facility, or location which is used or maintained for the temporary storage of waste until conveyed to a waste processing facility or disposal site. Waste transfer station shall not include a person or company in the City that temporarily stores waste produced on the premises; provided, such waste is stored for less than seven days.

"Water supply utility" means a water distribution system furnishing or supplying water to five or more places of human habitation or occupancy in the City where such places are served by an integrated pipe system owned or operated by the supplier, but shall not mean any water distribution system owned and operated by any governmental entity.

"Wholesale food vehicle" means any vehicle from which food, whether in bulk, canned, wrapped, bottled, packaged, or any other form, is sold or kept for sale at wholesale, is distributed to a retailer, or is transported to or from locations within the City, but shall not include a vehicle from which food is sold, kept for sale, or directly distributed to the consumer.

"Wiping rag" means any cloth, rag, or towel, used for any or all of the following purposes:

1. Wiping and cleaning the surfaces of machinery, machines, tools, locomotives, engines, motor cars, automobiles, cars, carriages, windows, furniture, and surfaces of articles, appliances, and engines in factories, shops, steamships, and steamboats.

• Generally for cleaning in industrial employment.

3. Used by mechanics and workmen for wiping soil, grease, and other grime incident to their employment from their hands and bodies.

"Wiping rag business" means any place, building or structure, room or portion thereof, where wiping rags other than new materials, are processed, sorted, cut, washed, and/or cleaned for delivery, rental, or sale.

(Prior code §§ 13.1, 13.6)

It is unlawful for any person or other legal entity to operate, within the City, any of the following businesses or vehicles without first applying for and receiving a health permit for such business or vehicle from the health department. Such health permit shall be in addition to any other license or permit required by the City or by any other public jurisdiction.

• A. Caterer.

• B. Commercial agricultural operation.

• C. Commissary.

• D. Food processing establishment.

• E. Food vending machine business.

• F. Food warehouse.

• G. Garment manufacturing establishment.

• H. Laundry.

• I. Laundry vehicle.

• J. Liquid waste pumping vehicle.

• K. Massage business.

• L. Mobile food facility.

• M. Mobile food preparation unit.

• N. Offal vehicle.

• O. Rendering plant.

• P. Restaurant.

• Q. Retail food market.

• R. Retail food production establishment.

• S. Temporary event organizer.

• T. Temporary food facility.

• U. Waste collection business.

• V. Waste collection vehicle yard.

• W. Waste disposal site.

• X. Waste processing facility.

• Y. Waste transfer station.

• Z. Water supply utility.

• AA. Wholesale food vehicle.

• BB. Wiping rag business. (Prior code § 13.7)

The City Council shall establish by resolution health permit inspection fees for the various types of businesses and vehicles which require a health permit as specified in Section 8.32.020. (Prior code § 13.8)

If a person shall engage in, conduct, manage or carry on at the same time more than one of the activities for which a health permit is required by this chapter, he or she shall be deemed to be engaged in, conducting, managing or carrying on each such activity separately and apart from the other such activity, whether located on the same premises or not, except in those cases specifically mentioned in this chapter. (Prior code § 13.9)

Every person applying for a health permit shall file, on a form prescribed by the Health Department, a written application which shall set forth the name and address of the applicant, the location and character of the business and such other information as the Health Officer may require. Every applicant for a permit shall pay to the City Clerk the inspection fee as established by Section 8.32.030 at the time of making such application. (Prior code § 13.10)

Upon the filing of an application for a health permit and the payment of the required fee, it shall be the duty of the Health Officer to investigate the information contained in the application and the sanitary condition in and about the establishment, place of business, vehicle or food vending machine to determine whether or not such business, vehicle or machine conforms to applicable requirements of local ordinances, the California Health and Safety Code, State statutes and rules or regulations promulgated thereunder. The Health Officer shall grant the permit if the business, vehicle or machine is being operated in a sanitary manner and does conform with such laws and rules and regulations; otherwise, he or she shall deny such application. The Health Officer shall send, deliver or give written notice of such grant or denial to the applicant within five days following such grant or denial. A permit for which application is made pursuant to this chapter may be granted at any time during the year. (Prior code § 13.11)

No person shall make any false, misleading or fraudulent statement or misrepresent any facts in any application for a health permit required to be filed with the Health Officer of this City. In addition to any other penalties provided by this chapter, such conduct shall be grounds for suspending or revoking any permit issued to such person. (Prior code § 13.13)

A health permit issued pursuant to this chapter shall expire on the 30th day of June of the year for which it is issued, and each such permit shall be renewed annually. Application for the renewal shall be made to the Health Officer. At the time application is made, there shall be paid to the City Clerk the annual fee established by the City Council. Annual health permit fees are due and payable June 30th of each year. Penalty shall be imposed in the manner prescribed in Section 8.32.090 for delinquent fees.

(Prior code § 13.14)

After receiving written notice from the Health Officer, any person who fails for a period of 30 days to file an application and obtain a health permit required by this chapter there shall be added to and collected with the permit or other fees, a penalty equal to 10% of the permit fee that is delinquent for 30 calendar days. For each additional month or fraction thereof in which a delinquency continues, an additional 10% penalty shall be collected. In no event shall the total penalty exceed 60% of the permit fee. The imposition or payment of the penalty imposed by this section shall not prevent the imposition of any other penalty prescribed by any local ordinance or a criminal prosecution for violation of this chapter. (Prior code § 13.15)

All health permits for persons engaged in or carrying on a business requiring such a permit shall be on an annual or a daily basis only, and no refunds shall be granted to any such person who terminates his or her business in the City before the expiration date of the health permit. (Prior code § 13.16)

The Health Officer may designate a specific time and place for vehicle owners or operators to deliver their vehicles for inspection to assure compliance with applicable laws prior to renewal of annual health permits. Failure to deliver the vehicle to the designated place within the designated time will result in a penalty equal to 50% of the health permit fee. This penalty is in addition to any other applicable fees and penalties. (Prior code § 13.17)

Following payment of the health permit fee if the Health Officer denies the health permit for failure of the business owner or operator to comply or for a vehicle owner/operator to deliver a vehicle for inspection or reinspection, a service charge equal to 35% of the health permit fee will be deducted from the health permit fee refund. (Prior code § 13.18)

The Health Officer may, when he or she deems necessary, issue in conjunction with any health permit required by this chapter further identification in the form of a license plate, decal or gummed sticker.

(Prior code § 13.19)

Each health permit required by this chapter shall be posted in a conspicuous place in or on the establishment or vehicle for which it is issued. (Prior code § 13.20)

Persons operating a food vending machine business, subject to a health permit as required by this chapter, shall affix upon each food vending machine in a conspicuous place a statement substantially in the following form:

This vending machine is operated by:

____________________ (Name of operator)

____________________ (Place of business of operator)

____________________ (Telephone number of operator)

(Prior code § 13.21)

The Health Officer is hereby authorized to adopt reasonable rules and regulations governing those businesses and vehicles specified in Section 8.32.020. Such rules and regulations shall be effective only after approval thereof by the City Council. Upon such approval by the City Council, the rules and regulations shall have the same force and effect as other provisions of this chapter.

(Prior code § 13.22)

No person shall refuse, resist or attempt to resist the entrance of the Health Officer into any railway car, stage, vehicle, building, room, lot or other place or portion thereof in the City in the performance of his or her duty or shall refuse to obey any lawful order of the Health Officer made in the performance of his or her duties within the power conferred upon him or her by State law or by this chapter.

(Prior code § 13.23)

• A. Any health permit issued pursuant to this chapter may be suspended for good cause by the Health Officer. Good cause, for the purpose of this chapter, shall constitute violations of any of the provisions of local ordinances or State laws or the regulations promulgated thereunder. Before a health permit may be suspended, the Health Officer shall issue and serve upon the permittee a written notice setting forth in clear and concise language:

  1. The violations with which the permittee is charged.

  2. The date upon which the violations shall be corrected.

  3. That the permittee has the right to a hearing upon request.

  4. That if the violations are not corrected and if no hearing is requested by the date specified in subsection (A)(2), the permit shall be suspended until all such violations are corrected.

• B. The permittee, upon request, shall have the right to appear at a hearing before the Health Officer or designated representative to show cause why the permit should not be suspended. The Health Officer shall at the conclusion of the hearing make a written order stating either:

  1. That the permit is suspended until the violations are corrected.

  2. That the time for correction is extended.

  3. That the violations have been corrected.

4. Declaring that there were no violations.

(Prior code § 13.24)

At any time within 30 days after a permit has been suspended, the permittee may appeal the action of the Health Officer. The appeal agency, for this chapter, shall be the City Council. A failure to appeal within 30 days shall be deemed a waiver of the right to appeal. (Prior code § 13.25)

Every violation of this chapter is hereby declared to be a public nuisance. (Prior code § 13.26)