It is the purpose of this Ordinance to authorize the prescription of such fees as will pay the reasonable expenses of the Health Officer incurred as follows:
A. 
Enforcement as to the establishments, businesses or activities for which a health permit of operation is required by this Ordinance;
B. 
Operating health services defined herein for which a permit of operation is not required.
(Ord. 1065, 1982)
This Ordinance is enacted pursuant to §§ 476 and 510 of the Health and Safety Code of the State of California.
(Ord. 1065, 1982)
The Board of Supervisors of the County of Merced hereby determines pursuant to § 510 of the Health and Safety Code of the State of California that the expenses of the Health Officer of this County in the enforcement of statutes, orders, quarantines, rules or regulations prescribed by State Officers or departments relating to the public health which either required or authorize the Health Officer of this County to perform specific acts, are not met by any fees prescribed by the State.
(Ord. 1065, 1982)
The provisions of this Ordinance shall apply within any city in the County when the Governing Body thereof consents to County Health administration for that city pursuant to § 476 of the Health and Safety Code of the State of California; and the schedule of fees authorized by this Ordinance shall be applicable in the area in which the Health Officer of this County enforces any statute, order, quarantine, rule or regulation prescribed by a State Health Officer or department relating to public health.
(Ord. 1065, 1982)
Unless the provisions or the context indicate otherwise, the terms and words defined in this Ordinance shall have meanings as follows:
Bakery:
"Bakery" means any room, building, premises, or place which is used or operated for commercial baking, preparing, manufacturing, processing, or packaging of bakery products. It includes all rooms of a bakery in which bakery products or ingredients are stored or handled.
Cleaning vehicles:
"Cleaning Vehicles" shall mean those vehicles used by persons or firms as described in California Health and Safety Code §§ 25000-25003.
Commissary:
"Commissary" means a food establishment in which food, containers, equipment or supplies are stored or handled for use in vehicles, mobile food preparation units, food carts, or vending machines.
Farmer's market (certified):
A location certified by the county Agricultural Commissioner and operated as specified in Article 6.5 of Title 3 of the California Administrative Code.
Food processing establishment:
"Food Processing Establishment" shall mean any room, building or place or portion thereof, maintained, used or operated for the purpose of commercially storing food, except restaurants.
Food storage warehouse:
"Food Storage Warehouse" shall mean any room, building or place or portion thereof, maintained, used or operated for the purpose of commercially packaging, making, cooking, mixing, processing, and/or bottling.
Food vehicle:
"Food Vehicle" means any motorized or non motorized conveyance or portable food service unit upon which prepackaged food or approved unpackaged food is sold or offered for sale at retail. "Vehicle" does not include a mobile food preparation unit.
Grocery store:
"Grocery Store" means any room, building, or place, or portion thereof, maintained, used, or operated for, or in conjunction with the retail sale of staple food stocks, meats, and other foods, and household supplies by a retail grocer.
Hotel/motel:
"Hotel/Motel" shall mean that term as defined in the Uniform Building Code §§ 409 and 414, and in California Health and Safety Code §§ 17951 and 17961.
Individual water well and/or sewage system certification:
"Individual Water Well and/or Sewage Systems Certification" shall mean the inspection of individual water wells and/or sewage systems to include a water sample for loan certification.
Infectious waste disposal certification:
"Infectious Waste Disposal Certification" shall mean that term as defined in California Administrative Code, Title 17, §§ 400 and 488(d) and California Administrative Code, Title 22, §§ 70005, 72095 and 73951.
Itinerant restaurant:
"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.
Mobile food preparation units:
"Mobile Food Preparation Units" means any vehicle or portable food service unit upon which food is prepared for service, sale or distribution at retail. Mobile food preparation unit shall not include vehicles from which prepackaged food or approved unpackaged food is sold or offered for sale.
New construction/remodeling plans:
"New Construction/ Remodeling Plans" shall mean a review of construction plans for all proposed public swimming pools, sewage systems (including special systems), new food establishments, public water systems, animal confinement, poultry facilities, and subdivision review or the remodeling of said existing facilities for compliance with State and Local regulations.
Open air market:
A food establishment which has one or more sides of the establishment open to the outside air during hours of business, and where over 10% of the floor space is devoted to the storage and sale of packaged foods to consumers.
Produce stands:
"Produce Stands" means a food establishment which has one side open to the outside air during business hours and which sells, offers for sale, or give away only produce or shell eggs, or both.
Public water systems:
"Public Water Systems" shall mean those terms as defined by California Administrative Code, Title 22, § 64411.
Restaurant:
"Restaurant" means any coffeeshop, cafeteria, short-order 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, sells, or offer 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 itinerant restaurants, vending machines, vehicles, 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, or private homes; nor shall the term "restaurant" include churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic 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 fundraising 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.
Special sewage systems inspection:
"Special Sewage Systems Inspection" shall mean that term as defined in the Department of Health, Division of Environmental Health Minimum Requirements for On-Lot Sewage Disposal Systems and Merced County Ordinance No. 1044, § 702.
Swimming pool:
"Swimming Pool" shall mean that term as defined by California Administrative Code, Title 22, Chapter 20, Article 1, § 65501.
Temporary food facility:
"Temporary Food Facility" means a food facility operating out of temporary facilities approved by the enforcement officer at a fixed location for a period of time not to exceed 14 days in any 90 day period in conjunction with a single event or celebration.
Underground storage tank:
Underground storage tank shall mean any one or combination of tanks, including pipes connected, thereto, which is used for the storage of hazardous substances and which is substantially or totally beneath the surface of the ground as defined in California Health and Safety Code, Division 20, Chapter 6.7.
Vending machine:
"Vending Machine" means any self-service device which, upon insertion of a coin, or token, or by similar means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation, but not including devices dispensing peanuts, wrapped candy, gum, or ice exclusively.
Water vending machine:
Any self-service device which, upon insertion of a coin, coins or token or up-on receipt of payment by other means, dispenses unit servings of water in bulk without the necessity of refilling the machine between each operation or any device from which any operator or consumer dispenses unit servings of water in bulk as defined in California Health and Safety Code, § 4040.
Hazardous material generator:
Any person, by site, whose act or process produces hazardous waste identified or listed in Article 9 or 11 of California Administrative Code, or whose act first causes a hazardous waste to become subject to regulation.
Hazardous material business plan:
Any business as defined by Health and Safety Code § 25501 which must submit a plan to meet the requirements of Health and Safety Code, Chapter 6.95 commencing with § 25500.
Organized camp:
any site with program and facilities established for the primary purposes of providing an outdoor group living experience with social, spiritual, educational, or recreational objectives for five days or more during one or more seasons of the year.
Class III landfill:
Any landfill meeting the requirements of California Administrative Code, Title 23 for disposal of non-hazardous solid waste.
Small quantity generator:
Means a medical waste generator that generates less than 200 pounds per month of medical waste.
Common storage facility:
Means any designated accumulation area maintained in accordance with Division 20, chapter 6.1 of the California Health and Safety Code, used by small quantity generators otherwise operating independently, for the storage of medical waste for collection by a registered hazardous waste hauler.
Transfer station:
Means any offsite location where medical waste is loaded, unloaded, or stored during the normal course of transportation of the medical waste.
Large quantity generator:
Means a medical waste generator that generates 200 or more pounds per month of medical waste.
Sludge:
Sludge means any residue excluding grit or screenings, removed from waste water, whether in a solid, semi-solid or liquid form. Sludge as used in Merced County Code excludes sewage sludge that is sold or given away in a bag or similar enclosure for home use.
Agricultural material composting operation:
means an operation that processes green and animal materials derived from agricultural commodities, additives, and/or amendments into compost. "Agricultural Material Composting Operation" does not include activities excluded from regulation in § 17855. "Agricultural Material Composting Operations" include operations that use clean green material, as defined in Subdivision (k) of this section, if the clean green material portion does not exceed the agricultural commodities portion of active compost on-site annually.
Animal material composting facility:
is a facility that processes animal material and additives and amendments into compost. A facility that composts green material in addition to animal material shall be considered an animal material composting facility. "Animal Material Composting Facility" does not include activities excluded from regulation in § 17855, and operations that constitute "Agricultural Material Composting Operation."
Green material composting operation or facility:
is an operation or facility that processes only green material and additives and amendments into compost. "Green material Composting Operation or Facility" does not include an "Agricultural Material Composting Operation."
Sewage sludge composting facility:
is a facility that processes only sewage sludge and additives and amendments into compost product. A facility that composts animal material, or green material, in addition to sewage sludge shall be considered a sewage sludge composting facility.
Mixed solid waste composting facility:
is a facility that processes mixed solid waste into compost. A facility that composts sewage sludge, animal material, or green material, in addition to mixed solid waste, shall be considered a mixed solid waste composting facility.
Research composting operation:
means a composting operation, that is not-for-profit, and is operated for the purpose of gathering research information on composting.
Low-temperature geothermal well:
means a well drilled to discover, evaluate, produce, or utilize low-temperature geothermal fluids where the fluids will be used for their heat value.
(Ord. 1065, 1982; Ord. 1214, 1986; Ord. 1241, 1987; Ord. 1371, 1991; Ord. 1455, 1993; Ord. 1537, 1995)
No person shall maintain any of the following establishments, businesses or activities without a valid Health Permit of operation:
A. 
Restaurant
B. 
Grocery Store
C. 
Bakery
D. 
Food Processing Establishment
E. 
Food Storage Warehouse
F. 
Mobile Food Preparation Unit
G. 
Itinerant Restaurant
H. 
Vending Machines
I. 
Food Vehicle
J. 
Produce Stand
K. 
Commissary
L. 
Temporary Food Facility
M. 
Public Swimming Pool
N. 
Hotel/Motel
O. 
Public Water System
P. 
Cleaning Vehicle
Q. 
Infectious Waste Disposal Certification
R. 
Underground Storage Tank
S. 
Organized Camp
T. 
Agricultural Waste Disposal Site
U. 
Employee Housing
V. 
Water Vending Machines
W. 
Open Air Market
X. 
Farmers Market (certified)
Y. 
Hazardous Material Generator
Z. 
Hazardous Material Business Plans
AA. 
Class III Landfill
BB. 
Small Quantity Generator
CC. 
Common Storage Facility
DD. 
Transfer Station
EE. 
Large Quantity Generator
FF. 
Sludge Application
HH. 
Agricultural Material Composting Operation
II. 
Animal Material Composting Facility
JJ. 
Green Material Composting Operation/ Facility
KK. 
Sewage Sludge Composting Facility
LL. 
Mixed Solid Waste Composting Facility
MM. 
Research Composting Operation
NN. 
Low Temperature Geothermal Well
(Ord. 1065, 1982; Ord. 1214, 1986; Ord. 1241, 1987; Ord. 1371, 1991; Ord. 1455, 1993; Ord. 1537, 1995)
No person shall maintain a business or activity listed in § 9.42.060 for which a valid Health Permit of Operation is required without displaying such permit in a conspicuous place at such place of business or activity.
(Ord. 1065, 1982)
No person shall make a material change of conditions in any establishment, business, or activity listed in § 9.42.060 without making application for new Health Permit of Operation.
(Ord. 1065, 1982)
Any person required to apply for and obtain a permit under the provisions of this Ordinance shall prepare and submit to the Health Officer an application for such Permit on forms provided for the purpose by the County. Each application shall be accompanied by the fees prescribed by the Health Department Fee Ordinance, as approved by the Board of Supervisors. Such fees are non-refundable.
(Ord. 1326, 1990)
The Health Officer shall cause an investigation to be made of the facts stated in the application, and of the establishment, business, or activity for which the application is made. If the Health Officer finds that the applicant is in compliance with the standards specified by this Ordinance, the Health Officer shall order the issuance of the Health Permit of Operation. If he finds that compliance with such standards can be obtained by the applicant, the Health Officer may issue a Permit subject to reasonable conditions. If he finds that the applicant cannot comply with the standards specified by the Ordinance, the Health Officer shall deny the Permit of Operation.
(Ord. 1065, 1982)
The term of the Health Permit of Operation is one year from January 1st to December 31st of each year; every Health Permit of Operation issued pursuant to the provisions of this Ordinance shall terminate on December 31st following the date of issuance. Permits may be granted at any time during the calendar year and shall remain in force until December 31st of the same year unless sooner suspended or revoked for cause, and no Permit shall be granted unless the applicant pays such fees as the Board of Supervisors may establish by the Health Department Fee Ordinance, unless otherwise deemed exempt from such fees.
(Ord. 1326, 1990)
All decisions, determinations, and actions of the Health officer as to applications for Health Permits of Operation may be appealed by the applicant to the Board of Supervisors. The decision of the Health Officer shall be final, unless appealed to the Board of Supervisors within 10 working days after such decision is rendered in writing and notice of the same is given to the applicant by certified mail.
(Ord. 1065, 1982)
Appeals from decisions of the Health Officer shall be made in writing and shall specify and set forth the grounds for the appeal and shall be filed by the appellant with the Clerk of the Board of Supervisors. The Board shall set the matter for hearing no later than 30 days after such filing, and shall give the appellant and the Health Officer no less than 15 days written notice of such date of hearing. Upon hearing the appeal, the board of supervisors shall grant the Health Permit of Operation upon conditions, if it is found that the establishment, business, or activity applied for meets the standards prescribed by this ordinance. If such establishment, business or activity fails to meet the standards prescribed by this ordinance, the Board shall deny the application. The Board, for good cause shown, may impose other conditions or requirements for such Health Permit of Operation.
(Ord. 1065, 1982)
Health Permit of Operation issued under the provisions of this ordinance shall not be transferred, assigned, or set over by the Permit to any other person except by approval of the Health Officer upon application and payment of a transfer fee. All Health Permits of Operation issued under the provisions of this ordinance shall refer to and be limited to the establishment, business, or activity applied for. If such establishment, business, or activity is conducted upon a particular site, location, address or from a particular vehicle, such Permit shall not be transferable to any other site, location, address or vehicle.
(Ord. 1065, 1982)
Any Permit of Operation issued pursuant to this ordinance may be revoked by the Health Officer upon a finding of the Health Officer that:
A. 
The Permittee has violated a condition of the Permit of Operation; or
B. 
Due to a change of circumstances and conditions, the continuance of the establishment, business, or activity is hazardous to the public health, welfare, or safety; or
C. 
The applicant for the Permit of Operation made a material misrepresentation of fact; or
D. 
The establishment, business, or activity is maintained in violation of the standards described by this Ordinance.
Revocation of a Permit of Operation takes effect 10 days after written notice is sent to the permittee by certified mail of such revocation and the grounds or reasons therefore.
(Ord. 1065, 1982)
A permittee may appeal a decision of the Health Officer to revoke a Permit to the Board of Supervisors. The decision of the Health Officer shall be final, unless appealed to the Board of Supervisors before the revocation takes effect. An appeal shall stay the revocation taking effect pending an appeal hearing. An appeal shall be made in writing and shall be filed by the Permittee with the Clerk of the Board of Supervisors. The Board shall set the matter for hearing no later than 15 days after such filing and give the Permittee and the Health Officer no less than 10 days written notice of such date of hearing. Upon hearing the appeal, the Board shall uphold the revocation of the Permit of Operation if it finds that any of the grounds set forth in § 9.42.150 of this ordinance exist or have occurred. The Board shall rescind the revocation if it finds that none of such grounds for revocation exist or have occurred. If the Board of Supervisors upholds the revocation, such revocation shall become effective forthwith.
(Ord. 1065, 1982)
A. 
General Standards: Applications for the issuance of Health Permit of Operation and revocation of Health Permit of Operation shall be determined in accordance with the standards prescribed by any statute, order, quarantine, rule or regulation prescribed by a State Officer or department relating to public health or by this Ordinance.
B. 
Specific Standards: The standards for the following activities shall include:
1. 
Food Establishment: Those specified, for food establishments by Chapter 4 of Division 22 of the California Health and Safety Code (California Uniform Retail Food Facilities Law, commencing with § 27500). Food establishments include but are not limited to restaurants, bakeries, grocery stores, commissaries, food processing establishments, food storage warehouses, etc.
2. 
Food Facility: Those specified for food facilities by Chapter 4 of Division 22 of the California Health and Safety Code (California Uniform Retail Food Facilities Law, commencing with § 27500). Food facilities include, but are not limited to food establishments, vehicles, vending machines, produce stands, satellite food distribution facility, mobile food preparation unit, etc.
(a) 
Identification of Vending Machines:
(1) 
Each vending machine shall have affixed thereon, in an accessible place, an identification plate made of durable material setting forth the model number or symbol of the machine and the serial number identifying each machine.
(2) 
In addition, there shall be affixed to each vending machine or food vehicle a decal or other identification tag furnished by the Health Officer indicating that the required health certificate fee has been paid for the current year.
3. 
Public Swimming Pool: Those specified for such pools by Article 1 of Chapter 1 of Division 20 of the Health and Safety Code of the State of California (commencing with § 24100). Those specified for such pools in the California Administrative Code, Title 22, Chapter-20, Articles 1, 2, and 3 (commencing with § 65501), and Title 24, Chapter 290 (commencing with § 2-9001).
4. 
Motel/Hotel: Those specified by Article 1 of Chapter 5 of Division 13 of the Health and Safety Code, commencing with § 17960, and the Uniform Building Code, §§ 409 and 414.
5. 
Public Water System: Those specified by Title 22 of the California Administrative Code, § 64411.
6. 
Underground Storage Tanks: Those specified by California Health and Safety Code, Division 20, Chapter 6.7 and California Administrative Code, Title 23, Subchapter 16.
7. 
Employee Housing: Those specified by California Health and Safety Code beginning with § 17000.
8. 
Organized Camp: Those specified by California Health and Safety Code commencing with § 18897.
9. 
Agricultural Waste Disposal Permit: Those specified in Merced County Code, § 9.08.110.
10. 
Open Air Market Permit: Those specified by California Administrative Code, Title 17, commencing with § 13650.
11. 
Farmers Market (certified) Those specified by California Health and Safety Code, Chapter 4, commencing with § 27500.
12. 
Hazardous Material Generators: Those specified by California Administrative Code, Title 22, commencing with § 66001.
13. 
Hazardous Material Business Plan: Those specified by California Health and Safety Code commencing with § 25500.
14. 
Landfills: Those specified for class III landfills in California Administrative Code, Title 23 commencing with § 2510.
15. 
Small Quantity Generators, Common Storage Facilities, Transfer Stations and Large Quantity Generators: Those specified by California Health and Safety Code, Division 20, Chapter 6.1 commencing with § 25015.
16. 
Sludge Application: Those specified by Merced County Code Chapter 9.52 commencing with § 9.52.010.
17. 
Agricultural Material Composting Operation: Those specified by California Code of Regulations, Title 14, Division 7, Chapter 3.1.
18. 
Animal Material Composting Facility: Those specified by California Code of Regulation, Title 14, Division 7, Chapter 3.1.
19. 
Green material Composting Operation/ Facility: Those specified by California Code of Regulations, Title 14, Division 7, Chapter 3.1.
20. 
Sewage Sludge Composting Facility: Those specified by California Code of Regulations, Title 14, Division 7, Chapter 3.1.
21. 
Mixed Solid Waste Composting Facility: Those specified by California Code of Regulations, Title 14, Division 7, Chapter 3.1.
22. 
Research Compost Operation: Those specified by California Code of Regulations, Title 14, Division 7, Chapter 3.1.
23. 
Low Temperature Geothermal Well: Those specified by California Code of Regulations, Title 14, Division 4, § 1920.1(j).
(Ord. 1065, 1982; Ord. 1214, 1986; Ord. 1241, 1987; Ord. 1371, 1991; Ord. 1455, 1993; Ord. 1537, 1995)
Health services for which non-refundable fees may be charged therefor that do not require a Health Permit of Operation are as follows:
A. 
Sewage Systems (including special types), individual water well and sewage system loan certifications, specimen collection, hazardous material investigation.
B. 
New construction/remodeling plans: Sewage systems, restaurant, bar, grocery store, public swimming pools, public water systems, animal confinement facilities, poultry facilities, subdivision review, and E.I.R. review.
C. 
Laboratory analysis; and
D. 
Clinical services.
(Ord. 1065, 1982; Ord. 1214, 1986)
A. 
Fees shall not exceed the cost, direct or indirect, of performing the public health services.
B. 
The Health Officer may waive fees for service when it is determined that such fees would deter the patient/client from receiving services and therefore have an adverse impact on the general public health.
C. 
Fees shall be set on a "per unit" or "per service" basis.
D. 
Fees shall be set on any premises with multiple food establishments operating under the same ownership, and shall pay the following fees: 100% of annual fee for the type establishment with the highest prescribed fee, and 70% of each remaining fee. Itinerant restaurants, mobile food preparation units, or retail food vehicles shall not be included as multiples and shall pay the standard fees.
E. 
Exemptions: Any charitable or non-profit organization which is exempt from payment of income taxes by the Internal Revenue Code and any person or organization which is wholly supported by tax revenues, are exempt from payment of permit fees if the organization operates less than 12 days per year. No such fee exempt person or organization shall operate without a valid Health Permit of Operation.
F. 
Duplicate Permits/Late Fees/Transfer Fees. Deleted by Ord. 1537,
(Ord. 1065, 1982; Ord. 1214, 1986; Ord. 1278, 1988; Ord. 1326, 1990; Ord. 1537, 1995)
Any person violating any of the provisions of or failing to comply with any of the mandatory requirements of this chapter is guilty of an infraction, and is subject to the penalties set forth in Chapter 1.28 of this Code, except that a third, and any subsequent, violation occurring within a year of the first may be charged as a misdemeanor and subject to the penalties in Chapter 1.28.
(Ord. 1065, 1982; Ord. 1371, 1991)
The operation of any business or activity that is listed in this ordinance, in violation of the provisions and standards of this ordinance is hereby determined to constitute a public nuisance. The maintenance and operation of any such business or activity declared to be a public nuisance may be abated in any manner provided for by law.
(Ord. 1065, 1982)