CHAPTER 8.08
FOOD ESTABLISHMENTS1
8.08.010 Definitions.
A. "Health officer" means the health officer of this city or his authorized representative.
B. In the construction of this chapter all words shall have the meanings as provided in the Health and Safety Code of the State of California and in particular the California Restaurant Act.
(Ord. 960 NCS §1: prior code §12.1 (Part).)
8.08.020 Enforcement.
The health officer shall administer and enforce the provisions of this chapter in addition to the provisions of state law herein concerned and the rules and regulations promulgated by the state department of public health thereunder. (Ord. 960 NCS § 1: prior code § 12.1 (part).)
8.08.030 Permit required.
No person shall operate in this city any restaurant, itinerant restaurant, food vending vehicle, vending machine, delicatessen, bakery, grocery, market, food or beverage drive-in or stand, food processing establishment, or any other enterprise or establishment in which food or beverage is offered for sale or sold, and concerning which the health officer is required or permitted by state law to conduct periodic inspections or to act in the enforcement of any statute, order, quarantine, rule or regulation prescribed by state law or by a state officer or department relating to public health, without a valid local health permit. (Ord. 960 NCS §1: prior code § 12.2.)
8.08.040 Application for permit.
Local health permits shall be issued only after application therefor to the health officer, investigation by the health officer of compliance by the applicant with all applicable statutes, orders, quarantines, rules or regulations, and a finding by the health officer that the applicant is in substantial compliance with such laws, rules and regulations and this chapter. (Ord. 960 NCS § 1: prior code §12.3(a).)
8.08.050 Application form — Contents.
Applications for local health permit shall be in writing on a form approved by the health officer and signed by the applicant and shall include the items of information following:
A. Name and address of the establishment or enterprise for which the permit is sought, including, in the case of multiple locations, the names and addresses of each enterprise or establishment;
B. Name and address of the applicant;
C. The general nature of the business of each enterprise or establishment;
D. The number of persons working in each enterprise or establishment on a representative day, being the median number evidenced by social security tax returns during the preceding year;
E. The calendar year for which the permit or permits are sought;
F. The amount of inspection fee accompanying the application;
G. The date of the application.
(Ord. 960 NCS §1: prior code § 12.3(b).)
8.08.060 Inspection fees generally.
Each applicant shall pay the annual inspection fee or fees established by this chapter. So long as the health officer of the county of Sonoma acts in the capacity of the health officer of this city the aforesaid fees shall be paid directly to the county of Sonoma. (Ord. 1012 NCS §1: Ord. 960 NCS §1; prior code §12.4(a).)
8.08.070 Each restaurant vehicle or machine deemed separate.
Each itinerant restaurant, each food vending vehicle, each vending machine and each separate location of business shall be deemed a separate enterprise or establishment for purposes of this chapter. (Ord. 1012 NCS §1: Ord. 960 NCS §1: prior code §12.4(b).)
8.08.080 Inspection fees designated.
The city council may from time to time establish inspection fees for local health permits by resolution. (Ord. 1439 NCS §1, 1980: Ord. 1012 NCS §1: Ord. 960 NCS §1: prior code § 12.4(c).)
8.08.090 Investigation.
Upon receipt of the application and fees, the health officer shall investigate the enterprises or establishments for which local health permits are sought to determine compliance with this chapter and with applicable state laws, rules and regulations. (Ord. 960 NCS §1: prior code §12.5.)
8.08.100 Issuance of permit.
The health officer shall issue a local health permit to the applicant for each location, enterprise or establishment which is in compliance with such standards. The health officer shall not issue a local health permit to the applicant for any location, enterprise or establishment not in compliance with such standards, but shall give the applicant written notice of deficiencies which preclude issuance of the permit. (Ord. 960 NCS § 1: prior code §12.6(a).)
8.08.110 Local health permit.
Local health permits shall be valid for the calendar year in which issued plus thirty days. Each permit shall be prominently posted in plain public view at the location or upon the equipment for which it was issued. Permits shall not be transferable. (Ord. 960 NCS § 1: prior code §12.6(b).)
8.08.120 Permit renewal.
Permits shall be renewed upon application of the permittee during the first thirty days of each calendar year. Each application for renewal shall be in like form as an original application, but shall have the word "renewal" printed in the lower right-hand corner of the first page thereof. Each application for renewal shall be accompanied by the fees herein fixed. The health officer shall investigate and issue or deny a permit upon receipt of an application for renewal in like manner as upon an original application. The filing of an application for renewal of local health permits shall automatically extend the term of the current permit issued for the location enterprise or establishment until the date of notice of issuance or denial of a new permit. (Ord. 960 NCS §1: prior code § 12.6(c).)
8.08.130 Appeal.
In the event of a denial by the health officer of a permit as required by this chapter for any reason other than nonpayment of the required fees or failure to file a proper application, the applicants may appeal in writing to the city council from the decision of the health officer. The city council shall hold a public hearing at their next regular meeting; provided, such meeting is at least ten days from the receipt of such written appeal by the city clerk. The health officer shall appear at the hearing and render his report to the city council. At the conclusion of the hearing or any continuance thereof, the city council may affirm the action of the health officer, reverse the action of the health officer, or take such other action as the city council deems appropriate. (Ord. 960 NCS § 1: prior code § 12.7.)
Editor’s Note: For statutory provisions authorizing local government units to enforce standards of sanitation and health for restaurants, see Health and Safety Code §28693.