For the purposes of this chapter, the following terms shall be defined as follows:
"Food" or "beverage"
means and includes all articles used, for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof for human consumption.
"Itinerant restaurant"
means any restaurant, operating from temporary facilities, serving, 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.
"Person"
means natural person, club, including veterans' club, firm, corporation, partnership, organization, association or political subdivision.
"Restaurant"
means any coffee chop, cafeteria, short order café, luncheonette, tavern, sandwich stand, soda fountain, itinerant restaurant, vehicle, private and public school cafeteria or eating establishment, in-plant or employee eating establishment, whether private or public, organization, club, including veterans' club, boardinghouse, guest house, or political subdivision, which gives, sells or offers for sale, food to the public, guests, patrons, members or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering function.
"Vehicle"
means any vehicle upon which food or beverage is displayed, sold or offered for sale, or given away.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
It is declared unlawful for any person to engage in the business of conducting a restaurant within the city without first having obtained, and thereafter keeping posted in a conspicuous place on the premises for which it is issued, an unexpired permit to conduct such business as provided in this chapter.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Any person desiring a permit to conduct a restaurant in the city shall file with the health officer of Stanislaus County, or his or her authorized representative, an application in writing requesting that a permit be issued to the person therein named. Plans for any new restaurant construction and remodeling shall be submitted to the health officer, or his or her authorized representative, for approval. Such application shall be upon a form supplied by said health officer, and shall state that if the permit be granted, the applicant shall conform to and comply with all requirements of this chapter.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Immediately upon receipt of such application, the health officer, or his or her authorized representative, shall investigate the premises on which it is proposed to conduct said business and determine whether the same and the equipment used or to be used therein, comply with the rules and regulations prescribed by this chapter and with the laws of the state pertaining to restaurants, and if satisfied that said premises and equipment comply with such rules and regulations and laws, he or she shall issue a permit to the applicant to conduct such business. Said permit, when issued, shall be kept posted in a conspicuous place on the premises for which it is issued, and no permit shall be transferable from one person to another
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Each permit issued by the county health officer for conduct of a restaurant shall expire at the end of twelve calendar months from the date of issuance thereof, or at such time as the person to whom such permit was issued ceases to conduct said restaurant, whichever shall first occur.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Any permit to conduct a restaurant may be revoked by the county health officer in the event that he or she determines that any of the regulations contained in this chapter have been violated, whereupon said permit shall be surrendered to said health officer. Any person whose permit has been revoked by the health officer as herein provided, may appeal to the city council by filing a written notice of appeal within ten days of such act of revocation, with the city clerk and ex officio clerk of the city council. At its next regular meeting following the filing of a notice of appeal, the city council shall fix a time and place for hearing such appeal, and the clerk shall provide notice of said hearing to the appellant and to the health officer. At the hearing, the city council may receive evidence and inquire into such revocation and shall have power in its discretion to restore such permit, or affirm the act of the health officer in revoking said permit. Any restaurant the permit for which has been revoked by the health officer, shall remain closed pending the hearing of any appeal and decision thereon by the city council.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)
Any person operating a restaurant within the city shall be governed by the following regulations. The violation of any said regulation shall be and constitute grounds for revocation of the permit to conduct said business within the city:
A. 
Regulation No. 1—Statutes. Any person operating a restaurant shall meet and comply with all requirements of the California Food Sanitation Act and the California Restaurant Act and all other laws of the state pertaining to restaurants and the premises on which the same are conducted.
B. 
Regulation No. 2—Equipment. Any piece of equipment or any fixture in any restaurant which has deteriorated to such an extent as to be no longer satisfactory for use shall be replaced promptly by equipment deemed satisfactory by the county health officer.
C. 
Regulation No. 3—Hood. Each cooking stove, griddle, or fat fryer used in connection with the restaurant business must have an approved power ventilation system. Hoods, where used, must have an area at least twenty-five percent greater than the area of the stove, griddle, or fat fryer and must lead to a forced air ventilating flue.
D. 
Regulation No. 4—Sink. Wherever utensils are washed and chemically sanitized, a three-compartment, smooth surfaced sink of noncorrodible material must be provided which must have smooth metal supports, corrugated metal drain-board and smooth metal splash board extending the full length of the sink and drainboard; provided, however, that a two-compartment sink described as above shall be acceptable wherever proper facilities for hot water sanitization are available; provided further, that mechanical dishwashing machines approved by the health officer and sinks constructed of material approved by the health officer may be used. Metal-1ined wood for sinks and drainboards is prohibited. Likewise, wood or metal1ined wood is prohibited for use as soiled-dish receptacles.
E. 
Regulation No. 5—Lavatory Facilities. Adequate and convenient hand-washing facilities shall be provided within or adjacent to toilet rooms, including hot and cold running water, soap and approved sanitary towels.
F. 
Regulation No. 6—Plumbing. Every plumbing fixture must be provided with running water. Plumbing fixtures from which wastes are discharged must be properly trapped and each trap must be effectively vented and these fixtures must be connected to an approved sewerage system.
G. 
Regulation No. 7—Refrigeration. Frozen foods must be properly refrigerated so as to assure their preservation. Every cold room and every ice box or refrigerator must be held at a temperature below fifty degrees Fahrenheit. Cream pies must be kept under refrigeration. Wastewater from any ice box, refrigerator or from any pump, must not be discharged onto the ground, but into a sink which is properly plumbed, as in Regulation No. 6.
H. 
Regulation No. 8—Display or Storage. Fruits, vegetables and all other foods must not be openly displayed or stored lower than eighteen inches above the level of the floor. Dirt floors are prohibited in any storage room.
I. 
Regulation No. 9—Health Requirements. No person shall handle or serve food or drink in any restaurant or sanitize any of the utensils and/or dishes in any restaurant for a period of time in excess of thirty days unless such person shall have in his or her possession a negative X-ray card showing and indicating that within one year prior thereto his or her chest had been X-rayed and that such person was then free from tuberculosis.
(Ord. 70-5 §1(5)(part), 1970; Ord. 79-6 Art. I §A(part), 1979; Ord. 79-17 §1(part), 1979)