Chapter 8.04


8.04.010    Health officer defined.

8.04.020    Definitions—Statutory authority.

8.04.030    Enforcement of provisions.

8.04.040    Permit—Required.

8.04.050    Permit—Application—Required.

8.04.060    Permit—Application—Information required.

8.04.070    Separate business locations.

8.04.080    Permit—Fees.

8.04.090    Inspection of premises.

8.04.100    Inspection fees.

8.04.110    Permit—Issuance conditions.

8.04.120    Denial of permit—Appeal.

8.04.130    Permit—Term and posting.

8.04.140    Permit—Renewal.

8.04.150    Violation—Penalty.

8.04.010 Health officer defined.

The “health officer” means the health officer of this city or his authorized representative. (Ord. 273 N.S. § 1, 1969)

8.04.020 Definitions—Statutory authority.

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, and any amendments thereto. (Ord. 283 N.S. § 1, 1971: Ord. 273 N.S. § 3, 1969)

8.04.030 Enforcement of provisions.

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. 273 N.S. § 2, 1969)

8.04.040 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, retail food production or marketing 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. 284 N.S. § 1, 1971: Ord. 283 N.S. § 2,1971: Ord. 273 N.S. § 4, 1969)

8.04.050 Permit—Application—Required.

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. 273 N.S. § 5, 1969)

8.04.060 Permit—Application—Information required.

A. Applications for a 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:

1. Name and address of the applicant;

2. 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;

3. The general nature of the business of each enterprise or establishment;

4. 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,

5. The calendar year for which the permit or permits are sought;

6. The amount of inspection fee accompanying the application;

7. The date of the application. (Ord. 273 N.S. § 6, 1969)

8.04.070 Separate business locations.

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. 273 N.S. § 8, 1969)

8.04.080 Permit—Fees.

Each applicant not hereafter specifically exempted shall pay at the time of filing of an application for permit, 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 the city, the aforesaid fee shall be paid directly to the county. (Ord. 283 N.S. § 3,1971: Ord. 273 N.S. § 7, 1969)

8.04.090 Inspection of premises.

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. 273 N.S. § 9, 1969)

8.04.100 Inspection fees.

Annual inspection fees shall be charged in advance of the issue of local health permits, which shall be fixed by resolution of the city council. In fixing such fees the council shall provide for recovery of the costs of conducting inspections, and may prescribe different fees according to the size of the establishment. Penalties may be prescribed for late filing of renewal applications. (Ord. 363-80 § 1,1980: Ord. 348 N.S. § 1,1976: Ord. 347 N.S. § 1,1975: Ord. 283 N.S. § 4,1971: Ord. 273 N.S. § 13, 1969)

8.04.110 Permit—Issuance conditions.

The health officer shall issue a local health permit to the applicant for each location, enterprise or establishment which is in compliance with said standards. The health officer shall not issue a local health permit to the applicant for any location, enterprise or establishment not in compliance with said standards, but shall give the applicant written notice of deficiencies which preclude issuance of the permit. (Ord. 273 N.S. § 10, 1969)

8.04.120 Denial of permit—Appeal.

A. 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.

B. The city council shall hold a public hearing at their next regular meeting, provided the meeting is at least ten days from the receipt of the written appeal by the city clerk of the city.

C. The health officer shall appear at the hearing and render his report to the city council.

D. 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. 273 N.S. § 14, 1969)

8.04.130 Permit—Term and posting.

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. 273 N. S. § 11, 1969)

8.04.140 Permit—Renewal.

A. Permits shall be renewed upon application of the permittee during the first thirty days of each calendar year.

B. 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.

C. Each application for renewal shall be accompanied by the fees herein fixed.

D. The health officer shall investigate and issue or deny a permit receipt of an application for renewal in like manner as upon an original application.

E. 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. 273 N.S. § 12, 1969)

8.04.150 Violation—Penalty.

Any violation of this chapter or of an order of the health officer issued hereunder is a misdemeanor punishable by a fine of not less than twenty-five dollars nor more than five hundred dollars or by imprisonment in the county jail for a term not to exceed six months or by both such fine and imprisonment. (Ord. 273 N.S. § 15, 1969)