Chapter 8.04


8.04.010    Required--Health Officer Defined

8.04.020    Application--Investigation--Issuance

8.04.030    Denial, Suspension Or Revocation--Operating Prohibited

8.04.040    Suspension Or Revocation--Health Officer Duties

8.04.050    Suspension Or Revocation--Appeal

8.04.060    Operation Pending Appeal

8.04.070    Term--Renewal--Posting

8.04.010 Required--Health Officer Defined:

It is unlawful for any person, firm or corporation owning, controlling or carrying on, as principal or agent in the city, the business or occupation of public laundry, manufacturing or bottling table water or other beverages, wholesale poultry or meat market, wholesale fish market, wholesale grocery business, public bathhouse, barbershop, or beauty shop, without first applying for and securing a permit in writing from the health officer of the city, and no business license shall be issued by any officer of the city to any such person, firm or corporation until such permit shall have been obtained. The term "health officer", as used herein, means the Monterey County health department. (Ord. 162 §1, 1975: Ord. 127 §1, 1973)

8.04.020 Application--Investigation--Issuance:

If after an investigation and consideration of any application for a permit required by section 8.04.010 of this chapter it shall appear to the health officer that the place, vehicle, business, building or institution conforms to, and that the applicant has complied with, all the sanitary and health laws of the state and ordinances of the city revelant thereto, the health officer shall grant the permit applied for. (Ord. 162 §2, 1975: Ord. 127 §2, 1973).

8.04.030 Denial, suspension or revocation--Operating prohibited.

The health officer in his discretion is empowered to deny or withhold a permit for which an application has been made, if, in his judgment, the building, premises, equipment, apparatus, vehicle, or reasonable facilities for the establishing, maintaining, conducting or operating the business or institution for which a permit is requested, is or are insufficient, unfit or incapable of being used, maintained, or established to comply with the ordinance codified in this chapter or any other ordinances of the city, or the rules and regulations of the health officer, or laws of the state. If any such permit shall be denied, suspended or revoked by the health officer, it shall be unlawful during the period of such denial, revocation or suspension for any person to sell or traffic in any food or drink products in the city at such establishment. (Ord. 162 §3, 1975: Ord. 127 §3, 1973).

8.04.040 Suspension or revocation--Health officer duties.

The health officer shall have the power to suspend or revoke any permit issued pursuant to this chapter at his discretion upon proof to his satisfaction of a violation by the holder of such permit of this chapter or any ordinance of the city or law of the state regulating and establishing standards for the health, comfort, sanitary or hygienic conduct, arrangement, management or operation of the institutions, or business regulated by this chapter. (Ord. 162 §4, 1975: Ord. 127 §4, 1973).

8.04.050 Suspension or revocation--Appeal.

Any such person whose permit issued under the provisions of this chapter has been suspended or revoked, shall have the right to appeal to the council in writing within three days after notification of such suspension or revocation or within thirty days after the denial thereof, and to be heard by the council with relation thereto at its next regular or regular adjourned meeting, or at a special meeting of the council called for such purpose, and the action of the council upon such appeal shall be final and conclusive with respect to the suspension or revocation of such permit. (Ord. 162 §5, 1975: Ord. 127 §5, 1973).

8.04.060 Operation pending appeal.

In the event that such appeal is taken as hereinabove provided, such business or occupation (where such permit has already been granted) shall not be suspended until the final disposition of such appeal by the council as aforesaid. (Ord. 127 §6, 1973).

8.04.070 Term--Renewal--Posting.

Except as otherwise provided, all permits issued by the health officer as required by this chapter shall be valid for the period that the business license of any person is valid unless sooner revoked or suspended, or unless the holder of such permit changes the location of his place of business or sells, assigns, transfers, or otherwise disposes of such business or institution or his interest therein for a period of thirty days or more. Upon the expiration of any permit and within seven days thereafter, the person trafficking in, conducting or operating such business or institution shall apply for and secure a renewal of the permit in the manner provided for by this chapter. All permits issued shall be kept posted in a conspicuous place of the business vehicle or institution of such permit holder. (Ord. 162 §7, 1975; Ord. 127 §7, 1973).