"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)