Chapter 3.08
RESTAURANTS
Sections:
3.08.030 Application for permit.
3.08.040 Investigation of applicant.
3.08.050 Rules and regulations.
3.08.010 Definitions.
“Food,” “beverage” includes all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof for human consumption.
“Itinerant restaurant” means any restaurant operating from temporary facilities, serving, offering for sale, selling or giving away food or beverage, and includes, but is not limited to, a restaurant where only wrapped sandwiches or other wrapped and packaged, ready-to-eat foods are served, and any mobile unit on which food is prepared and served.
“Person” means natural person, club, including veteran’s club, firm, corporation, partnership, organization, association or political subdivision.
“Restaurant” as used in this chapter means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, itinerant restaurant vehicle, private and public school cafeteria or eating establishment, in-plant or employee eating establishment, whether private or public, organization, club, including veteran’s club, boarding house, guest house or political subdivision, which gives, sells or offers for sale, food to the public, guests, patrons, members or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering function.
“Vehicle” means any vehicle upon which food or beverage is displayed, sold or offered for sale, or given away.
3.08.020 Permit required.
A. It is hereby declared unlawful for any person to engage in the business of conducting a restaurant within the City without first having obtained, and thereafter keeping posted in a conspicuous place on the premises for which it is issued, an unexpired permit to conduct such business as in this chapter provided.
B. Each permit issued by the City Clerk for conduct of a restaurant shall expire at the end of 12 calendar months from the date of issuance thereof, or at such time as the person to whom such permit was issued ceases to conduct said restaurant, whichever shall first occur.
3.08.030 Application for permit.
Any person desiring a permit to conduct a restaurant in the City shall file with the City Clerk an application in writing requesting that a permit be issued to the person therein named. Plans for any new restaurant construction and remodeling shall be submitted to the City Clerk for approval. Such application shall be upon a form supplied by the City Clerk, and shall state that if the permit be granted, the applicant shall conform to and comply with all requirements of this chapter.
3.08.040 Investigation of applicant.
Immediately upon receipt of such application, the Health Officer shall investigate the premises on which it is proposed to conduct said business and determine whether the same and the equipment used or to be used therein, comply with the rules and regulations prescribed by this chapter and with the laws of the State of California pertaining to restaurants, and if satisfied that said premises and equipment comply with such rules and regulations and laws, he shall issue a permit to the applicant to conduct such business. Said permit, when issued, shall be kept posted in a conspicuous place on the premises for which it is issued, and no permit shall be transferable from one person to another.
3.08.050 Rules and regulations.
Any person operating a restaurant within the City shall be governed by the following regulations. The violation of any said regulation shall be and constitute grounds for revocation of the permit to conduct said business within the City.
A. Statutes. Any person operating a restaurant shall meet and comply with all requirements of the “California Food and Sanitation Act” and the “California Restaurant Act” and all other laws of the State of California pertaining to restaurants and the premises on which the same are conducted.
B. Equipment. Any piece of equipment or any fixture in any restaurant which has deteriorated to such an extent as to be no longer satisfactory for use shall be replaced promptly by equipment deemed satisfactory by the Health Officer of the City.
C. Hood. Each cooking stove, griddle or fat fryer used in connection with the restaurant business must have an approved power ventilation system. Hoods, where used, must have an area at least 25 percent greater than the area of the stove, griddle or fat fryer and must lead to a forced air ventilating flue.
D. Sink. Wherever utensils are washed and chemically sanitized, a three-compartment, smooth surfaced sink of noncorrodible materials must be provided which must have smooth metal supports, corrugated metal drain board and smooth metal splash board extending the full length of the sink and drain board; provided, however, that a two-compartment sink described as above shall be acceptable wherever proper facilities for hot water sanitization are available; provided, further, that mechanical dishwashing machines approved by the Health Officer of the City and sinks constructed of material approved by the Health Officer of the City may be used.
Metal-lined wood for sinks and drain boards is prohibited; likewise, wood or metal-lined wood is prohibited for use as soiled dish receptacles.
E. Lavatory Facilities. Adequate and convenient hand-washing facilities shall be provided within or adjacent to toilet rooms, including hot and cold running water, soap and approved sanitary towels.
F. Plumbing. Every plumbing fixture must be provided with running water. Plumbing fixtures from which wastes are discharged must be properly trapped and each trap must be effectively vented and these fixtures must be connected to an approved sewerage system.
G. Refrigeration. Any perishable goods capable of supporting pathogenic bacteria must be kept under refrigeration. Every cold room and every icebox or refrigerator must be held at a temperature below 50 degrees Fahrenheit. Waste water from any icebox, refrigerator or from any pump, must not be discharged onto the ground, but into an approved sewerage system.
H. Display or Storage. Fruits, vegetables and all other foods must not be openly displayed or stored lower than 18 inches above the level of the floor. Dirt floors are prohibited in any storage room.
I. Health Requirements. No person shall handle or serve food or drink in any restaurant or sanitize any of the utensils and/or dishes in any restaurant for a period of time in excess of 30 days unless such person shall have in his possession a negative x-ray card showing and indicating that within one year prior thereto his chest had been x-rayed and that such person was then free from tuberculosis.
3.08.060 Permit revocation.
Any permit to conduct a restaurant may be revoked by the Health Officer of the City in the event that he shall determine that any of the regulations contained in this chapter have been violated, whereupon said permit shall be surrendered to said Health Officer. Any person whose permit has been revoked by the Health Officer as herein provided, may appeal to the City Council by filing a written notice of appeal within 10 days of such action of revocation, with the City Clerk. At its next regular meeting following the filing of a notice of appeal, the City Council shall fix a time and place for hearing such appeal, and the City Clerk shall provide notice of said hearing to the appellant. At the hearing, the City Council may receive evidence and inquire into such revocation and shall have power in its discretion to restore such permit, or affirm the act of the Health Officer in revoking said permit. Any restaurant, the permit for which has been revoked by the Health Officer, shall remain closed pending the hearing of any appeal and decision thereon by the City Council. (Ord. 218, 4-12-1960)