Windsor Municipal Code Art. 2 Food Handling Establishments

For the purpose of this section, the following words and phrases shall have the meaning respectively ascribed to them by the California Uniform Retail Food Facilities Law and Regulations adopted pursuant thereto. In addition thereto:

Food establishment open to the outside air—defined by Section 13650(b) Title 17 of the California Code of Regulations.

Retail dairies—defined by Section 13650(i), Title 17 of the California Code of Regulations.

Roadside stand—defined by Section 13650(k), Title 17 of the California Code of Regulations.

a. No person shall operate in the Town any food facility, roadside stand or food establishment open to the outside air or retail dairy, or any other enterprise or establishment in which food or beverage is offered for sale or sold, and concerning which the Health Officer is required or permitted by State law to conduct periodic inspections or to act in the enforcement of any statute, order, quarantine, rule or regulation prescribed by State law or by a State Officer or department relating to public health, without a valid local health permit.

b. Local health permits shall be issued only after application therefor to the Health Officer, investigation by the Health Officer of compliance by the applicant with all applicable statutes, orders, quarantines, rules or regulations and a finding by the Health Officer that the applicant is in substantial compliance with such laws, rules and regulations and this article.

c. Applications for local health permit shall be in writing on a form approved by the Health Officer and signed by the applicant and shall include the following items of information:

1. Name and address of the applicant;

2. Name and address of the establishment or enterprise for which the permit is sought, including, in the case of multiple locations, the names and addresses of each enterprise or establishment. In the case of mobile food preparation units and vehicles, the location(s) shall be specified and written approval for each such location shall be obtained from the Town Planning Department. The applicant must provide proof of vehicle registration from the State of origin of each food vending vehicle to be permitted. For vending machines, the number and type of vending machines shall be shown on the application or otherwise provided;

3. The general nature of the business of each enterprise or establishment;

4. The number of persons working in each enterprise or establishment on a representative day, being the median number evidenced by social security tax returns during the preceding year;

5. The amount of inspection fee accompanying the application.

6. The date of the application.

d. Each applicant not hereafter specifically exempt shall pay to the Health Officer at the time of filing of application for permit the annual inspection fees as established by the Town Council resolution.

e. Each separate location of business shall be deemed a separate enterprise or food facility for purposes of this article.

f. Upon receipt of the application and fees, the Heath Officer shall investigate the food facility(ies), food establishment open to outside air, roadside stand or retail dairy for which local health permits are sought to determine compliance with this article and with applicable State laws, rules and regulations.

g. The Health Officer shall issue a local health permit to the applicant for each location, food facility, food establishment open to the outside air, retail dairy or roadside stand which is in substantial compliance with the standards. The Health Officer shall not issue a local health permit to the applicant for any location, food facility, food establishment open to the outside air, retail dairy or roadside stand not in substantial compliance with the standards, but shall give the applicant written notice of deficiencies which preclude issuance of the permit. The Heath Officer may issue a conditional permit when so warranted.

h. Local health permits shall be valid until revoked or as conditioned by the Health Officer. Each permit shall be prominently posted in plain public view at the location or upon the equipment for which it was issued. Permits shall not be transferable upon change of ownership.

i. The holder of a valid permit shall make payment to the Health Officer on or before the anniversary date as established at the time of permit issuance, an annual fee as established by resolution of the Town Council. Failure to make such payment shall be considered good cause for permit revocation.

j. The following facilities are subject to this section but are exempt from the annual fees herein provided:

1. Any cafeteria, eating place or other enterprise or establishment operated in or by a school in the public school system or an academically equivalent private school.

2. Any cafeteria, eating place or other enterprise or establishment operated by a public agency, or in a public building or premises, which is supported in whole or in part by taxes.

k. Any temporary food facility operator shall show evidence of payment of the local health permit fee herein required prior to exercising concession privileges at any local fair or carnival or any other place or event.