The city council enacts the regulations and standards set forth
in this chapter, under the authority of Section 27503 of the California
Uniform Retail Food Facilities Law, and finds that they are more strict
than those of the California Uniform Retail Food Facilities Law. The
city council adopts the Food Sanitation Act and the Current Good Manufacturing
Practices for city wholesale food manufacturers because businesses
are not regulated by the California Uniform Retail Food Facilities
Law. The health officer shall enforce the provisions of this chapter
as well as the California Uniform Retail Food Facilities Law, and
the Food Sanitation Act and the Good Manufacturing Practices Regulations.
(Ord. 180, 1990)
Any word or phrase used in this chapter and not defined in this
chapter shall be given the meaning established for such word or phrase
by the California Uniform Retail Food Facilities Law or, if not there
defined, the common and ordinary meaning required by the context in
which it is issued. Whenever in this chapter the following terms are
used they shall have the meanings ascribed to them in this section:
"Approve," "approved" or "approval"
means the approval of the health officer, or the State Department
of Public Health, as a result of tests or investigations or by reason
of accepted principles of public health and sanitation.
"Establishment"
means any restaurant; itinerant restaurant; food vending
vehicle; vending machine, other than a vending machine which dispenses
wrapped non-perishable solid foods or which dispenses bottled or canned
liquid foods or beverages other than milk, ice cream, milk products
or other perishable foods or beverages, or which exclusively dispenses
peanuts, wrapped candy, chewing gum or ice; grocery; food market;
meat or fish market; bakery; confectionery; delicatessen; food or
potable liquid packaging or bottling plant; plant or room used to
prepare any food or beverage product whatsoever that is dispensed
by machine, whether or not such food or beverage product is perishable
and whether or not such a dispensing machine is a "vending machine"
as defined in the California Uniform Retail Food Facilities Law; temporary
or permanent food or beverage concession; package liquor store; or
any other place in the city where food or beverages are prepared for
sale, sold, stored, distributed or displayed for sale.
"Establishment"
does not include a wholesale delivery truck used exclusively
to transport previously inspected and packaged, canned or bottled
foods or beverages, or any combination thereof, and does not include
a retail delivery truck used exclusively to transport previously inspected
and packaged, canned or bottled milk, water or groceries, or any combination
thereof.
"Establishment"
does include any wholesale or retail delivery truck transporting
any food or beverage product other than or in addition to the aforementioned
types of products.
"Food or beverage"
means "food," as defined in Section 27519 of the California
Health and Safety Code. "Restaurant" for grade card posting purposes
means any coffee shop, cafeteria, short-order café, luncheonette,
tavern, cocktail lounge, sandwich stand, soda fountain, private and
public school cafeteria or eating establishment, and any other eating
establishment organization, club, including veterans club, boarding
house, guest house, or political subdivision, 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. The term "restaurant"
does not include itinerant restaurants, vending machines, vehicles
or cooperative arrangements by employees who purchase food or beverage
for their own consumption.
"Food vending vehicle"
means any vehicle as defined in Section 670 of the Vehicle
Code, or any mobile unit however propelled, upon or from which any
food or beverage is vended, displayed or given away.
"Health officer"
means the director of public health and any regularly appointed
sanitarian or employee of the department of public health.
"Perishable"
means, with respect to food and beverage products, those
products which support or are conducive to the growth of pathogenic
microorganisms; perishable food and beverage products include, but
are not limited to, fresh, cured, prepared or packaged meat or meat
products, seafood or seafood products, custard and/or cream pies and
pastries, wrapped or unwrapped sandwiches, salads, and mild or milk
products.
"Permit"
means the public health permit.
"Provided by law"
means authorized or required by this code, the rules of the
board of health, the California Restaurant Act and other applicable
state laws, and the rules or regulations of the state department or
public health.
"Retail delivery truck"
means any vehicle used for the transportation of food or
beverage products which is not a wholesale delivery truck as defined
in this section, and includes a vehicle used to service vending machines.
"Wholesale delivery truck"
means a vehicle that delivers food or beverage products from
a producer or distributor to a consumer, retailer or wholesaler pursuant
to orders therefor previously obtained; wholesale delivery truck does
not include a vehicle from which selling is done directly by a driver,
salesman or other person.
(Ord. 180, 1990)
It is unlawful for any person to do any act prohibited in this
chapter; to maintain any establishment contrary to the provisions
of this chapter; or to sell, offer for sale, barter, trade or give
away any food or beverage, or permit the same to be done, without
complying with the requirements provided by law in connection therewith.
(Ord. 180, 1990)
The health officer is authorized and empowered to enforce the
provisions of this chapter and to inspect such activities as are regulated
in this chapter for the purpose of determining the health conditions
of such activities. No person shall obstruct or interfere with the
health officer in the performance of these duties. The health officer
shall be empowered to make arrests and issue citations pursuant to
the
Penal Code Sections 836.5 and 853.6 for violations of this chapter.
(Ord. 180, 1990)