For the purpose of this chapter, the following words and phrases are defined, and shall be construed as set out in this section, unless it shall be apparent from the context that they have a different meaning.
Whenever any words or phrases used in this chapter are not defined in this section but are defined in State acts, laws or codes, the definitions in such acts, laws or codes are incorporated in this chapter as though set forth in this section in full and shall apply to such words and phrases used but not defined in this section.
"Food and drink establishment"
means any building, room or portion thereof, where food or drink intended for human consumption is cooked, mixed, prepared, served, sold, offered for sale, or given away at a fixed place or location.
"Food concession"
means any person or organization who engages in the business or practice of serving food or drink at public events, circuses, fairs, or demonstrations for periods of less than one week duration. It also includes food demonstrators engaged in offering or serving without charge to the consumer, unpackaged bulk food to the public for the purpose of publicizing, advertising or promoting the sale of food, food products or food equipment. Food demonstrators shall not include any person operating a food vehicle that is otherwise under a public health permit and for which a valid permit has been obtained.
Food market, retail.
"Retail food market" means any retail delicatessen, retail fruit and vegetable market, retail fish market, grocery store, retail meat market, retail packaged food store, or a combination of the above, or any place, or establishment where bakery products, meats, fish, shellfish, seafood, poultry, preserves, jelly, relish, creamed cheese, fruit, vegetables, or any other foods or food products, or beverages whether in bulk, canned, wrapped, bottled, packaged, or in any other form, are sold or kept for sale at retail for consumption on premises other than where sold. Retail food market, however, shall not include any "food salvager" as defined in this chapter.
"Food processing establishment"
means any room, building, or place, or portion thereof, maintained, used or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, canning, packaging, or otherwise preparing or handling food or drink; provided, however, that for fee purposes the term "food processing establishment" shall not include an establishment otherwise specifically mentioned in this chapter.
Food vehicle, retail.
"Retail food vehicle" means any bakery distributor vehicle, fish peddler vehicle, food salvage distributor vehicle, fruit and vegetable vehicle, grocery distributor vehicle, industrial catering vehicle, itinerate restaurant vehicle, independent ice distributor vehicle, independent milk distributor vehicle, or the combination of the above, or any vehicle not a processor-owned delivery vehicle from which animal food, bakery products, fish, shellfish, seafood, fruit, vegetables, meats, poultry, preserves, jelly, relish, milk or any other dairy products, food or food products, ice, or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at retail, or are distributed to the consumer. Vehicles used by a fixed location food market or restaurant having a valid license under this chapter to deliver food products from the licensed establishment to other locations shall not be required to have a separate permit under this chapter.
"Food vending machine"
means any self-service device offered for public use, which upon the insertion of coins or tokens, or by other means dispenses unit servings of food, or drink, either in bulk, cups, or in packages, without the necessity of replenishing the device between each vending operation. For the purposes of this chapter, however, "food vending machine" shall not include vending machines that dispense, exclusively, bottled drinks, gum, candy or other not readily perishable food when it is determined by the Health Officer that such vending machines do not require routine inspection for the protection of the public health. "Food vending machine location" means the room, enclosure, space, or area where one or more vending machines are installed or operated.
"Health Officer"
means the duly appointed City Health Officer or duly authorized representative. The County Health Officer and duly appointed representatives may be appointed by the City Council to function as the City Health Officer.
"Restaurant"
means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, temporary refreshment stand, soda fountain, private school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including veterans club, boardinghouse, or guesthouse, 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. "Restaurant" does not include vending machines, vehicles, cooperative arrangement by employees who purchase food or beverage 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 does 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 receive donations of food, food products or beverages 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.
(Ord. 56 § 6-1.01, 1982)
It is unlawful for any person, firm, or corporation to sell, offer for sale, distribute, or have in possession for sale or distribution any food or drink intended for human consumption in any food or drink establishment, restaurant, food market, retail food processing establishment, or retail food vehicle, as defined in Section 6-1.01, unless possessing a valid permit to be obtained in the manner provided by this chapter. The permit shall be displayed prominently in or upon the place of business for which it is issued, or in the case of a retail food vehicle, shall be carried by the driver.
(Ord. 56 § 6-1.02, 1982)
A food establishment may be ordered closed by the Health Officer when that establishment is operating without a valid health permit.
(Ord. 56 § 6-1.03, 1982)
All applications for permits shall be on a form supplied by the Health Officer and shall be accompanied by payment of the fees as established by resolution of the City Council.
(Ord. 56 § 6-1.04, 1982)
In the case of a new business requiring a permit under Section 6-1.02, or a transfer of ownership of an existing business, fees shall be prorated on a quarterly basis for the remaining part of the permit year; provided, however, no fee shall be reduced or prorated to an amount less than five and no/100ths ($5.00) Dollars.
(Ord. 56 § 6-1.05, 1982)
A 50% penalty shall be added to the applicable fee for failure to make application for yearly renewal within 30 days from the date of expiration of the prior permit, or for failure to apply for a permit before opening for business in the case of a new business, transfer of ownership or seasonal operation.
(Ord. 56 § 6-1.06, 1982)
The fee schedule in Section 6-1.04 shall not apply to any nonprofit organization of a religious, political, philanthropic, civic improvement, social or educational nature, except that this fee schedule shall apply to all such organizations whose principal reason for existence is to engage in the activities of a food establishment.
(Ord. 56 § 6-1.07, 1982)
Health permits issued pursuant to the provisions of this chapter shall not be transferable from one person, firm, or corporation to another person, firm, or corporation or from one location to another location.
(Ord. 56 §6-1.08, 1982)
The Health Officer shall investigate and issue such permit when the place of business conforms to the laws of the State, and the provisions contained in this chapter. Inspections shall be based upon the provisions of Division 21 of the California Health and Safety Code and on rules and regulations of the State Board of Public Health and subsequent modifications thereof.
(Ord. 56 § 6-1.09, 1982)
Such permit shall be in force for the calendar year in which issued unless revoked for cause. Renewal of permits shall be applied for and issued in the same manner as for original issuance.
(Ord. 56 § 6-1.10, 1982)
The Health Officer, with the approval of the City Council, may establish such rules or regulations as may be necessary for the proper and orderly administration of the provisions hereof.
(Ord. 56 § 6-1.11, 1982)
(a) 
Permits shall be refused by the Health Officer upon a finding that any provision of any health law of the State, or any of the provisions of this chapter have not been complied with.
(b) 
A permit may be immediately suspended, and the food establishment, or any portion thereof, may be ordered closed or inoperable by the Health Officer for violation of any provisions of this title when, in his or her opinion, the danger to public health is so imminent, immediate and threatening as not to admit of delay. In the event of such suspension, the holder shall be given an opportunity for an office hearing before the Health Officer within 48 hours of the time of suspension. Upon conclusion of the office hearing, the Hearing Officer may decide to:
(1) 
Dismiss the charges and reinstate the permit; or
(2) 
Reinstate the permit conditioned upon correction of the health violation; or
(3) 
Revoke the permit.
(c) 
If, in the opinion of the Health Officer, the danger to public health is not so imminent, immediate and threatening as to admit of delay, the Health Officer shall send a notice of violation to the permittee and seek to achieve compliance informally by means of a correction schedule and reasonable inspections. If, as a result of subsequent inspection, it is determined that the permittee has failed to comply with the schedule and correct the noticed deficiencies, the Health Officer shall send a notice to determine whether or not the permit should be revoked. Upon conclusion of the office hearing, the Heating Officer may decide to:
(1) 
Dismiss the charges; or
(2) 
Establish a correction schedule; or
(3) 
Revoke the permit.
(d) 
All office hearings referred to in this section shall be conducted in accordance with procedures adopted by the Health Department. The applicant or permittee may call and examine witnesses, introduce exhibits, question health officials and opposing witnesses on any matter relevant to the issue, and may rebut evidence against him or her. The hearing shall not be conducted according to technical rules relating to procedure, evidence or witnesses. All relevant evidence shall be admitted. The Health Officer shall insure that an informal record of the proceedings is maintained.
(e) 
Whenever the issuance of a permit is refused, or a permit is revoked and the required office hearing has been held the applicant or permittee may appeal from the action of the Health Officer to the City Council by filing a notice of appeal with the City Clerk within 10 days of the action by the Health Officer. The matter shall be set for hearing before City Council at the earliest possible date and reasonable notice of the time and place shall be given to the applicant or permittee and to the Health Officer. The City Council shall hear the evidence offered by the applicant or permittee and the Health Officer and shall forthwith decide the issue. Unless the City Council rescinds the Health Officer's action by a majority vote, his or her decision shall be deemed affirmed.
The decision of the City Council shall be final.
(Ord. 56 § 6-1.12, 1982)
No business license shall be issued for any food or drink establishment by the City for which a valid permit is required by this chapter or any other ordinance of the City, until such person, firm, or corporation, or agent, or employee of such person, firm, or corporation can show possession of a valid permit from the City Health Officer.
(Ord. 56 § 6-1.13, 1982)
The floors of every food and drink establishment shall be of smooth cement, smooth-surfaced wood or other impermeable surface, so laid and constructed as to be even and free from cracks and holes. The side walls and ceilings shall be well constructed of smooth-finished, cleanable material without cracks or crevices therein or shall be well plastered, and finished with a smooth light-colored surface.
(Ord. 56 § 6-1.14, 1982)
If, for sanitary reasons, the Health Officer deems it necessary, the walls and ceilings shall be painted with a light-colored paint at least once a year.
(Ord. 56 § 6-1.15, 1982)
Every building, room or portion thereof used as or for a food or drink establishment shall be well ventilated by means of windows, or skylights with louvers, or mechanical ventilation effectively used and operated. Every food and drink establishment shall be adequately lighted by natural or artificial light so that all parts of such establishment may be readily seen. No person shall sleep in any room used for the preparation, storage or serving of food.
(Ord. 56 § 6-1.17, 1982)
Every hood over a kitchen range shall be of metal equipped with a grease lip and ventilated with an approved ventilator or ventilating flue, so arranged, constructed and maintained as to carry off all odors to the outside air and kitchens shall be so ventilated as to insure good ventilation therefor, and freedom from any obnoxious, objectionable or offensive odors.
(Ord. 56 § 6-1.18, 1982)
No wooden sinks or wooden sinks lined with metal, shall be used in any food and drink establishment. All sinks shall be at least two compartments, made of metal or porcelain and with attached metal drain boards. All sinks used for dish and glass washing in any food and drink establishment shall be supplied with hot and cold running water. All meat markets, bars, and all other food producing or distribution establishments shall be supplied with hot and cold running water.
(Ord. 56 § 6-1.19, 1982)
Refuse trays in all restaurants and eating establishments shall be made of metal or other impervious materials, and drain pipes from such trays shall be of metal and shall be kept in a clean and sanitary condition.
(Ord. 56 § 6-1.20, 1982)
No parrots, dogs, cats or other animals shall be kept or permitted in any establishment where the foods mentioned in this chapter are kept, sold or dispensed.
(Ord. 56 § 6-1.21, 1982)
Every food and drink establishment shall be provided with adequate water closet facilities for each sex in separate compartments, well-lighted and ventilated to the outside air. Floors of water closet compartments shall be of smooth-finish cement, tile or other impervious material. No water closet compartment shall have direct communication with any kitchen, room or any place where food or drink is prepared, stored or served unless it shall be separated therefrom by means of a properly lighted vestibule with ceiling height partitions and a fulllength solid-panel, self-closing door. All water closet fixtures, compartments, and vestibules shall be kept in good order and repair and free from any accumulation of rubbish, waste matter or other material, and shall not be used as a storeroom for foodstuffs.
(Ord. 56 § 6-1.22, 1982)
Every establishment shall be provided with suitable wash-basins or lavatories with an adequate supply of running hot and cold water, soap, and clean individual towels, and shall be conveniently located in the dressing rooms or adjacent to the water closets.
(Ord. 56 § 6-1.23, 1982)
Every establishment shall be provided with suitable, well-lighted dressing rooms, for the employees or other persons working therein, for the changing and/or hanging of wearing apparel. Dressing rooms shall be separated from the kitchen, dining or storeroom by ceiling height partitions.
(Ord. 56 § 6-1.24, 1982)
It is unlawful for any person, firm or corporation to sell, expose or offer for sale any article of food prepared for human consumption, which article of food is cooked, smoked or otherwise prepared and intended for human consumption without further cooking, washing or other preparation, unless such article or articles of food are covered or enclosed by glass or with some other approved substance or material in such a manner as to prevent the handling of any such article or articles of food by any person or persons other than the person or persons selling or offering or exposing for sale, and to prevent any such article or articles of food from coming in contact with any flies, insects, vermin, or other deleterious, unwholesome or unhealthy substance or commodities.
(Ord. 56 § 6-1.25, 1982)
No owner, operator or employee of any food or drink establishment shall use or permit the use of any sugar container designed for use of patrons of any such establishment which is not so enclosed as to make it impossible to insert a spoon or other item of tableware therein; provided, however, that nothing contained in this section shall apply to the use of cube or lump sugar where the same is wrapped in paper or cellophane or other protective covering.
(Ord. 56 § 6-1.26, 1982)
It is unlawful for any person, firm or corporation owning, conducting, operating or maintaining any food or drink establishment in the county to sell or offer for sale or to serve, or to cause or permit to be served for food, to or for any person, any article of food which has been previously served to any person, or which has been returned from the table, except the following: unbroken rolls, muffins, buns, crackers, undamaged fruits, olives, pickles, sugar, syrup, condiments, and the like articles necessary for the general service on restaurant or lunch stands, table or counter.
(Ord. 56 § 6-1.27, 1982)
All custard and cream filled pastries shall be kept refrigerated at all times at a temperature not higher than 50 degrees Fahrenheit, except when actual sale is being made. The apparatus used in filling pastries shall be made of metal or rubber and cleaned before each use by means of boiling water or live steam or other suitable methods.
(Ord. 56 § 6-1.28, 1982)
All fruits and vegetables must be kept at least eighteen (18") inches above the floor level at all times, or else be protected by wood, metal or glass cases. Vegetables, fruits, or other products, when delivered to establishments, shall not be left upon the sidewalk any longer than is absolutely necessary.
(Ord. 56 § 6-1.30, 1982)
All floors, walls, ceilings, stairs, or shelves, furniture equipment, utensils, foods-area ways, yards, alleys, water closets, dressing rooms, plumbing fixtures in or in connection with any food or drink establishment shall at all times be kept in good order and repair and be maintained in a clean, sanitary condition and free from all kinds of vermin, rubbish, debris or filth.
(Ord. 56 § 6-1.31, 1982)
No article or utensil shall be used in the preparation of any food that has been previously used for any unclean purpose, nor shall any chipped, cracked or broken cups, saucers, plates, or glasses be used in the serving of patrons of any food or drink establishments.
(Ord. 56 § 6-1.32, 1982)
Iceboxes or refrigerators shall be scrubbed with hot water and some cleansing agent at least once each week and shall be kept in good order and repair, clean and sanitary at all times, and shall be properly drained.
(Ord. 56 § 6-1.34, 1982)
Metal receptacles with tight-fitting covers for garbage and rubbish shall be provided. The contents shall be removed regularly and they shall be kept in good order and repair and thoroughly cleaned after emptying.
(Ord. 56 § 6-1.35, 1982)
No food shall be prepared in an unclean manner, nor shall any article or material be used in making or preparing of any food or drink that is spoiled, decayed, contaminated or unwholesome, or that does not comply with the laws of the State and the provisions of this chapter against adulteration.
(Ord. 56 § 6-1.36, 1982)
No food or food articles intended for human consumption shall be kept or prepared in any room or place where any drugs or chemicals are mixed, prepared, compounded, or used, or kept in unsealed, open or broken containers or receptacles.
(Ord. 56 § 6-1.37, 1982)
In every place where food or drink is prepared, sold or offered for sale, all eating or drinking utensils such as knives, forks, spoons, cups, saucers, plates, bowls and glasses shall, after being used, be cleaned and sterilized by:
(a) 
First removing all particles of food or foreign substances:
(b) 
Then thoroughly being washed in clean, hot water to which has been added a sufficient amount of soap or other cleansing agent;
(c) 
Then being rinsed in hot water near the boiling point.
(Ord. 56 § 6-1.38, 1982)
Drinking glasses shall be thoroughly washed and sterilized by:
(a) 
Emptying the unconsumed liquids or "dregs" into a separate slop-hopper or sink;
(b) 
Thoroughly washing the glass in warm water to which has been added a sufficient amount of cleansing detergent to dissolve and remove all grease, lipstick or foreign matter;
(c) 
Immersing the glass in a clean solution of water to which has been added an amount of chlorine to equal at least two hundred parts per million at all times, or by use of other chemical sterilizing agents approved by the County Health Department in suitable amounts;
(d) 
Not rinsing glasses with clear water after once sterilizing in chlorine solution. It is not permissible to place glasses, dishes, utensils, or similar articles on towels.
(Ord. 56 § 6-1.39, 1982)
Refrigerator pipes and suspended pipes shall be properly protected so as to prevent condensation from dropping into or on any foodstuffs or any receptacle or apparatus used in the preparation of food.
(Ord. 56 § 6-1.40, 1982)