Chapter 8.12
FOOD ESTABLISHMENTS

Sections:

8.12.010    Permit – Required.

8.12.020    Exemption.

8.12.030    Permit – Nontransferable.

8.12.040    Permit – Suspension or revocation.

8.12.050    Permit – Fee.

8.12.060    Employee records.

8.12.070    Food handler permit – Requirements.

8.12.080    Food handler permit – Revocation.

8.12.090    Penalty for violation.

8.12.010 Permit – Required.

It is unlawful for any person, firm, corporation, or their servants or employees to maintain or operate a bakery, confectionery, candy factory, ice cream factory, soda fountain, restaurant, hotel, coffee and chophouse, grocery, meat market, sausage factory, delicatessen store, or other place in which food is prepared for sale, manufactured, packed, stored or otherwise disposed of, for human consumption, or to vend or peddle from any wagons or other vehicle, or from any basket, hand-steamer, or street stand, any food products which are sold, or otherwise disposed of, for human consumption, within the city without having first obtained a permit thereof, from the health officer of the city. The health officer shall not issue such permit unless and until it appears that the applicant therefor has complied with all laws of the state and all ordinances of the city relative to the maintenance and operation of any of the businesses and establishments mentioned in this section, which the applicant proposes to operate and maintain. Said permit, when issued, shall be kept displayed in a prominent place on the premises of the person, firm or corporation to whom it is issued. (Ord. 136 § 1, 1959)

8.12.020 Exemption.

The provisions of this chapter shall not apply to any person, firm or corporation engaged exclusively in selling or otherwise disposing of fruits, vegetables or dairy products which are grown or produced by such person, firm or corporation. (Ord. 136 § 2, 1959)

8.12.030 Permit – Nontransferable.

The permit shall not be transferable. (Ord. § 653, 1959)

8.12.040 Permit – Suspension or revocation.

Any permit issued pursuant to this ordinance may be temporarily suspended by the health officer, upon violation of any of the laws referred to in Section 8.12.010 and in the event of serious or repeated violations, such a permit may be revoked by the health officer, after notice and hearing. Notice of the hearing for revocation of a permit shall be given in writing by the health officer, stating the grounds of the complaint and the time and place of hearing. Such notice shall be mailed to the permittee, by registered mail, at least five days prior to the date set for the hearing. (Ord. 136 § 4, 1959)

8.12.050 Permit – Fee.

A permit and inspection fee shall be charged to any person maintaining any business coming within the classification of Section 8.12.010 at the rate of five dollars. Said fee shall be payable annually, in advance, to the health officer, who, in turn, shall be charged with the duty of paying the same into the treasury of the county. (Ord. 257 § 1, 1964; Ord. 136 § 5, 1959)

8.12.060 Employee records.

All owners, operators, proprietors or managers of any of the establishments mentioned in Section 8.12.010 shall keep up-to-date, accurate and complete lists of all persons employed in such establishments, indicating sex and race, duties performed by such employee, and such other information as the health officer of the city by uniform regulation may require. (Ord. 136 § 6, 1959)

8.12.070 Food handler permit – Requirements.

No person shall engage or continue to engage in the business or work of handling food or food utensils in any of the establishments mentioned in Section 8.12.010 except upon full compliance with the following requirements:

A. Any person engaged in such business or work on the effective date of the ordinance codified in this chapter shall within ten days thereafter, and any person not engaged in such business or work on the effective date of the ordinance codified in this chapter shall on the first business day after initially engaging in such business or work, register as a food handler at any office of the health officer of the city and make application for a food handler’s permit.

B. If such applicant then holds a certificate from any licensed physician or from any established California local Tuberculosis Association showing the applicant to have no evidence of tuberculosis, a permanent food handler’s permit shall be issued to such applicant, which permit shall expire one year from the date of the aforesaid certificate and he or she or she shall not thereafter engage in such business or work unless he or she holds a valid food handler’s unexpired permit.

C. If such applicant does not hold such a certificate from any licensed physician or from any California tuberculosis Association showing the applicant to have no evidence of tuberculosis, he or she shall be issued a temporary food handler’s permit, which shall expire thirty days from the date of its issuance. Within fifteen days thereafter such applicant shall submit to a chest X-ray examination either by a private physician or by the Santa Cruz County Tuberculosis and Health Association.

D. If the applicant is certified by such physician or by said association to have no evidence of tuberculosis, a permanent food handler’s permit shall be issued to him, which permit shall expire one year from the date of such certificate, and he or she shall not thereafter engage in such business or work unless he or she holds a valid unexpired food handler’s permit. If in the opinion of the health officer there is doubt as to whether such applicant is free of tuberculosis, said health officer may require the applicant to undergo such further tests and/or examinations as said officer may deem necessary to ascertain whether the applicant is free of tuberculosis. If from such additional evidence said officer determines that the applicant is infected with tuberculosis, he or she shall be denied a permanent food handler’s permit. (Ord. 136 § 7, 1959)

8.12.080 Food handler permit – Revocation.

The health officer shall have the power to revoke a food handler’s permit, either temporary or permanent, whenever in his or her opinion the public health of the city would be adversely affected by continuing such permit in force. (Ord. 136 § 8, 1959)

8.12.090 Penalty for violation.

Any person, firm or corporation, violating any provision of this chapter, shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not more than five hundred dollars, or by imprisonment in the county jail, for a term not exceeding six months, or by both such fine and imprisonment. (Ord. 136 § 9, 1959)