"Food"
as referred to in this chapter means all articles used for
human consumption as food, drink, confectionery, or condiment, whether
simple or compound.
(Ord. 522 § 1A, March 28, 1962)
"Food establishment"
as referred to in this chapter means any building, room,
stand, vehicle, enclosure, place, space, or area where any cooked
or uncooked article of food is stored, prepared, manufactured, processed,
wrapped, canned, packed, bottled, distributed, served, or displayed
excepting that private dwellings in which food is handled by and for
only the occupants of those dwellings and their household guests are
not included in this definition.
(Ord. 522 § 1B, March 28, 1962)
"Health officer"
as referred to in this chapter means the health officer of
Marin County, or his/her authorized representative.
(Ord. 522 § 1C, March 28, 1962)
"Person"
as referred to in this chapter means an individual, firm,
corporation, partnership, club, association, or organization.
(Ord. 522 § 1D, March 28, 1962)
"Employee"
as referred to in this chapter means any person working in
a food establishment, whether with or without pay, who handles food
during any phase of its storage, preparation, manufacture, distribution,
serving, or display, or who comes in contact with food equipment,
utensils, or machinery. (The owner of a food establishment, if engaged
in food handling, is subject to the same requirements as any other
person so engaged.)
(Ord. 522 § 1E, March 28, 1962)
It is unlawful for any person to operate any food establishment
within the incorporated area of Mill Valley without a valid certificate
issued by the county health officer or his/her authorized representative.
Such certificate shall bear the date of expiration and shall be displayed
prominently in the place of business for which it is issued. No certificate
to operate such place of business shall be issued until all the provisions
of this chapter and of Division 21 of the California Health and Safety
Code and all rules and regulations of the State Board of Public Health
have been complied with. A certificate is not transferable upon change
of ownership of a food establishment.
A permit may be immediately suspended by the health officer
for violation of any provision of this chapter when in his or her
opinion the danger to public health is so imminent, immediate or threatening
as not to admit of delay. In the event of such suspension, the holder
shall be given an opportunity for a hearing before the health officer
within 48 hours of the time of suspension. After the hearing, a reasonable
time shall be allowed by the health officer for correction of the
violation.
If, in the opinion of the health officer, the danger to public
health is not so imminent, immediate and threatening as not to admit
of delay, the health officer shall notify the holder of the health
officer's intention to suspend the permit within a specified period
of time if the condition is not corrected. No such suspension shall
take effect, however, until the holder has been given an opportunity
for a hearing before the health officer. During that period of suspension
and/or correction, the food establishment or any portion thereof may
be ordered closed or inoperable if the health officer deems such action
necessary for the protection of the public health. The suspension
shall be lifted if full compliance with health and sanitary requirements
is obtained. If compliance is not obtained at the end of the time
allowed, the permit shall then be revoked.
(Ord. 522 § 2, March 28, 1962; Ord. 797 § 1, June 4, 1973)
After the issuance of any certificate hereunder, and during
the full life of such certificate, no person shall be employed in
such food establishment except those whom the health officer shall
have cleared or approved at the time of such certification, or other
personnel who have been certificated or approved by him or her thereafter,
but prior to commencing work.
(Ord. 522 § 2.1, March 28, 1962)
If any section, subsection, sentence, clause or phrase of this
chapter is for any reason held to be invalid or unconstitutional,
such decision shall not affect the validity of the remaining portions
of the chapter. The City Council of the City of Mill Valley declares
that it would have passed this chapter and each section, subsection,
sentence, clause, and phrase thereof, irrespective of the fact that
any one or more sections, subsections, sentences, clauses, or phrases
be declared unconstitutional.
(Ord. 522 § 5, March 28, 1962)