"Employee"
means any person who works or handles food, with or without pay, in a food-handling establishment or who offers food for sale.
"Food"
includes all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.
"Food-handling establishment"
includes restaurants and food-selling and food-processing establishments. The provisions of this chapter shall not apply to meat-, milk- and poultry-processing establishments, frozen-food lockers, canneries and slaughter houses inspected by federal or state agencies, nor to such other plants and establishments for the packing, treatment and processing of agricultural products and crops of all kinds, including but without limiting the generality of the foregoing plants or establishments for the packing, treating, canning, freezing, dehydrating and other processing and packaging of agricultural products and crops, and the manufacture or other processing of byproducts therefrom, where such plants or establishments and/or the products thereof are subject to inspection by federal and/or state agencies, to insure that such products are in a good and sanitary state and condition and suitable for human consumption and which plants or establishments do not sell or deliver directly to the ultimate consumer.
"Food-selling and food-processing establishment"
means any room, building, vehicle, facility, structure, place or portion thereof, whether stationary, movable, permanent or temporary, which is maintained, used or operated for the purpose of commercially selling, storing, packaging, transporting, making, cooking, mixing, processing, bottling, canning, packing, slaughtering or otherwise preparing or handling food, or vendors servicing vending machines handling unwrapped, unbottled, unpackaged or readily perishable food. This does not include restaurants, tank trucks, fresh-produce trucks, farm trucks or vehicles delivering only non-perishable food products in sealed, wrapped or bottled containers, or vending machines dispensing only bottled beverages or wrapped candy.
"Health officer,"
unless otherwise modified, means the health officer of the city of Brentwood, his or her medical deputies, his or her sanitarians or his or her duly authorized representatives.
"Itinerant food-handling establishment"
means one which operates for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
"Person"
means any individual, firm, copartnership, corporation or association.
"Restaurant"
means any restaurant, coffee shop, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain, vehicle and any other eating or drinking establishment which sells or offers food or drink for sale to the public, as well as kitchens in which food or drink is prepared on the premises for sale or distribution elsewhere.
"Utensils"
includes kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles, supplies or other equipment used for the storage, preparation, distribution or serving of food or drink.
(Ord. 99 §§ 1.1—1.9, 1958; Ord. 156 §§ 1, 2, 1966)
It is unlawful for any person to operate a food-handling establishment in the city of Brentwood without having a valid, unsuspended, unrevoked permit from the health officer, as provided in this chapter. In any establishment where there are separate operations under separate management or ownership, each such operation is required to have a separate permit. Permits must be conditioned on compliance with all laws and regulations applicable to the subject person, premises or operation. Permits shall be issued only on written application, on forms provided by the health officer, containing such information regarding the applicant and the premises or operation involved as he deems necessary to facilitate enforcement of this chapter. Permits shall be dated and contain the name of the permittee and briefly describe or identify the licensed premises or operation.
(Ord. 99 § 2.1, 1958)
Permits shall be valid to and including the last day of the calendar year in which issued, unless sooner suspended or revoked.
(Ord. 99 § 2.2, 1958; Ord. 156 § 3, 1966; Ord. 271, 1976)
No permit shall be issued by any city agency to any person proposing construction or alteration of any structure for use as a food-handling establishment until such plans as relate to this chapter have been approved by the health officer.
(Ord. 99 § 2.6, 1958)
The inspection fees set forth below are required for permits under this chapter, and are due and payable within thirty days from the billing date:
A. 
Food-handling establishments, eight dollars per year:
1. 
Restaurants,
2. 
Food-selling and food-processing establishments;
B. 
Exceptions from the eight-dollar per year fee:
1. 
Incidental food selling, including snack stands and vending machines, incidental to main business operations, with less than one hundred dollars retail value of food in stock, including vending machines, two dollars per year for each location,
2. 
Itinerant food handling, two dollars per booth or vehicle per year:
a. 
Carnivals and fairs,
b. 
Itinerant fruit and/or vegetable peddlers,
3. 
Delivery vehicles, two dollars per vehicle per year: This applies to any vehicle delivering food products directly to the consumer,
4. 
Nonprofit temporary food stands, no fee: This applies to food-handling establishments for fairs, carnivals or special events for nonprofit organizations;
C. 
Inspection fees for operations commencing between annual billing periods shall be as follows:
1. 
Upon the sale or transfer of a food-handling establishment, the permit for its operation shall be void until a new application is approved.
2. 
Inspection fees for operations commencing between annual billing periods shall be prorated on a monthly basis.
(Ord. 99 §§ 3.1—3.4, 1958; Ord. 156 §§ 4—6, 1966)
Every person working or handling food, with or without pay, in any food-handling establishment, must secure a health permit from the health officer within thirty days of the first employment in this city.
(Ord. 99 § 4.1, 1958)
The health permit shall be the negative report of the county health department chest X-ray or a letter from the health officer to the same effect, shall be valid for two years from date of issuance and must be replaced with a new permit prior to the expiration date. This permit must be in the possession of such person and readily available for inspection by the health department.
(Ord. 99 § 4.2, 1958; Ord. 114 § 1, 1961)
It shall be the duty of each manager, operator or owner of any food-handling establishment to employ only persons having a valid health permit. It shall be the employee's duty to have the permit in his or her possession, or immediately accessible, during working hours.
(Ord. 99 § 4.3, 1958)
A. 
When food-service openings to the outside are used in restaurants they shall have an area not exceeding two hundred seventy square inches with a maximum width of eighteen inches and a maximum height of fifteen inches. Triangular wide-base openings with a height not exceeding twenty-four inches are allowed. Additional service openings must be separated by a minimum of three feet.
B. 
Such openings shall be closable, at least with a wire screen of not coarser than sixteen mesh, when not in use. Each opening shall be further protected by overhead fans, or internal positive pressure which would produce an outward air flow of at least seventy-five linear feet per minute as measured by a standard velometer or have a system of duct work such that the discharge of air produces this outward flow of air through the opening.
(Ord. 99 § 5.3, 1958)
A. 
Every establishment where fresh meat, poultry and fish are cut shall be provided with a two-compartment metal sink with metal drain boards located conveniently to the meat, poultry and fish department, with an adequate supply of hot and cold water under pressure. Such sink is to be used exclusively for washing utensils commonly used by meat cutters.
B. 
This section does not apply to those establishments in existence before April 10, 1958, which have a single-compartment sink which effectively meets the requirements of this chapter and any other applicable statutes, ordinances, rules and regulations governing the sanitization of utensils. When such sink is replaced, it must meet the requirements of this chapter.
(Ord. 99 § 5.4, 1958; Ord. 156 § 7, 1966)
A. 
All readily perishable food must be maintained at either forty degrees Fahrenheit or lower or at one hundred forty degrees Fahrenheit or higher when in storage, on display or in transit. Accurate Fahrenheit thermometers, suitable for measuring temperatures of food, shall be conspicuously affixed to food storage equipment, where possible, or shall be available at every establishment. Waste water from refrigeration equipment in fixed establishments shall be disposed of into an approved sanitary sewage disposal system through an indirect connection. Except for properly handled game, only food intended to be sold or served to the public shall be kept in refrigerated storage cabinets.
B. 
The following items are determined to be readily perishable: custard and cream-filled pastries, both real and synthetic; prepared salads with dressing; sandwiches using mayonnaise or salad dressing in the filling; and precooked meat, poultry and fish products which are not hermetically sealed.
(Ord. 99 § 5.5, 1958; Ord. 156 § 8, 1966)
Where the health officer him or herself or his or her medical deputy in charge, makes a written finding that the public health is endangered by some act, omission or condition regulated under this chapter, in connection with any premises or operation licensed under this chapter, he may order the immediate cessation of such act, or abatement of such condition, or action to correct such condition, and may order the temporary emergency suspension of the permit applicable thereto and its removal from the person or premises and may post notice of such action in a conspicuous place. Such emergency suspension is in addition to and not limited by nor in derogation of any other authority or power which the health officer may have under present statutes or regulations. Such emergency suspension, as distinct from any other action authorized by law, is effective for a period of five days, including the first day upon which the permit is suspended. Any activity during that period which is regulated by this chapter is unlawful. At the end of that period, or sooner if a similar finding is made that the public health is no longer endangered, the permit becomes valid again unless a hearing is ordered pursuant to this chapter.
(Ord. 99 § 6.1, 1958)
Where a written complaint is filed with the health officer that some applicable law or regulation is being violated by any person, premises or operation required to be licensed under this chapter, the health officer may order a hearing, and after the hearing may suspend the permit for not more than ninety days or until he is assured of compliance with the applicable laws or regulations, whichever is less, and may post notice of such action in a conspicuous place. At the end of said period, or when the health officer is satisfied of compliance, the permit becomes valid again. Any activity during that period which is regulated by this chapter is unlawful.
(Ord. 99 § 6.2, 1958)
A permit may be revoked and confiscated where it has been suspended once and violations of this chapter or other applicable laws or regulations, or acts or omissions endangering the public health continue, and where the health officer him or herself or his or her medical deputy in charge, makes a written finding that correction of the situation is impracticable and that the public health is endangered thereby. The health officer may post notice of such action in a conspicuous place.
(Ord. 99 § 6.3, 1958)
In the case of hearings under Section 8.04.180, notice must be written and delivered to the person involved in or in charge of the premises or operation at least forty-eight hours before the hearing. Other hearings must be preceded by written notice, personally delivered or mailed to the person to whom the permit was issued at the latest address on file with the health officer not less than five nor more than fifteen days prior to the hearing date. The hearings shall be held in the City Hall unless some other location is specified in the notice. The hearings shall be conducted by the health officer him or herself or his or her medical deputy in charge. Hearings may not be continued or postponed for longer than ten days from the original date without the consent of the permittee.
(Ord. 99 § 6.4, 1958)
Appeals may be taken from the results of any hearing to the city council by a written notice of appeal stating fully the matters or action appealed from, and the grounds for the appeal, which must be filed with the city clerk within fifteen days of the action appealed from. The city council must then schedule the appeal for hearing within thirty days of the filing of the notice of appeal.
(Ord. 99 § 6.5, 1958)
This chapter is not intended to regulate the sanitation of retail food production and marketing establishments.
(Ord. 99 § 6.7, 1958; Ord. 271, 1976)