Willits Municipal Code Ch. 8.04 Restaurants

The ordinance codified in this chapter shall be known as and may be referred to in all proceedings as the "City of Willits Restaurant Ordinance."

(Ord. 71-11 § 1).

The ordinance codified in this chapter is enacted pursuant to Section 28693 of the Health and Safety Code of the state for the purpose of protecting the public health, and regulating certain kinds of business transacted and carried on in the incorporated territory of the city, county of Mendocino, state of California.

(Ord. 71-11 § 2).

For the purposes of this chapter, the following terms are defined as set out in this section:

A. "Itinerant restaurant" means any restaurant, operating from temporary facilities, servicing, 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.

B. "Restaurant" means any coffeeshop, cafeteria, shortorder cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including veterans' club, boardinghouse, guesthouse, or political subdivision, which gives, furnishes, 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.

C. "Vehicle" means any vehicle upon which food or beverage is displayed, sold, or offered for sale at retail, or given away to the public, but not including bakery delivery vehicles which are used exclusively to carry bakery products in sealed packages which are subject to the provisions of Section 28208, or Sections 28209 and 28210 of the Health and Safety Code of the state.

(Ord. 71-11 §3).

It is unlawful for any person, firm or corporation, or any servants or employee thereof, to maintain or operate a restaurant, itinerant restaurant or vehicle in which food is prepared for sale, manufactured, packed, stored or otherwise disposed of for human consumption or any food products which are sold, or otherwise disposed of for human consumption within the city without having first obtained a permit therefor from the health officer, or his duly authorized representative of the city. Said health officer shall not issue such permit unless and until the applicant has complied with all laws and regulations of the state and all ordinances of the city relative to the maintenance, operations and construction of any of the businesses and establishments mentioned in this section which the applicant proposes to operate and maintain. Said permit, when issued, shall be kept displayed in a prominent place on the premises of the person, firm or corporation to whom or to which it is issued. Such permit is not transferable.

(Ord. 71-11 §4).

Complete plans for new construction or remodeling must be submitted to, and approved by, the health officer before any work is started. Such plans must include location of all equipment, partitions, hoods, plumbing detail, ventilation detail, floor and ceiling detail, detail of water supply or description, detail of sewage disposal and description of refuse disposal methods, and other pertinent data.

(Ord. 71-11 §5).

Any permit issued pursuant to this chapter may be suspended by the health officer for a maximum of ten days upon violation of this chapter, and in the event of serious violation or repeated violations, such permit may be revoked by the health officer. Notice of the hearing for revocation of the permit shall be given in writing by the health officer and shall state grounds of the complaint and the time and place of hearing. Such notice shall be mailed to the permittee, by first class mail, at least five days prior to the date set for hearing. Any person, firm, or corporation dissatisfied with the action of the health officer in revoking a permit may, within a period of ten days after receipt of notice of the revocation, file with the city clerk, a notice of intent to appeal. In the event of appeal, the city council shall, within thirty days of filing the notice of intent to appeal, hear and determine the matter, and notice thereof shall be given in the same manner as in the case of the original hearing. The permit shall be suspended pending the decision of the city council, and such decision shall be final and conclusive.

(Ord. 71-11 §6).

This chapter shall not apply to 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 equipment used in such arrangement, private homes, churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civil improvement, social, political, or educational nature, which purchase food, food products, or beverages or which receive donations of food, food products, or beverages, for service without charge to their members or for service or sale at a reasonable charge to their members or to the general public at occasional fund-raising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full time to care for or operate equipment used in such arrangement. These arrangements are exempt from the provisions of this chapter requiring the procurement of a permit or the payment of any fees thereof.

(Ord. 71-11 §7).