Chapter 8.04


8.04.010  Definitions.

8.04.020  Permit – Required.

8.04.030  Permit – Application.

8.04.040  Permit – Investigation.

8.04.050  Permit – Term.

8.04.060  Permit – Revocation.

8.04.070  Regulations designated.

8.04.080  State statutes applicable.

8.04.090  Equipment repair.

8.04.100  Hood requirements.

8.04.110  Plumbing requirements.

8.04.120  First aid instruction posting.

8.04.130  Manager certification.

8.04.140  Cleanliness requirements.

8.04.150  Administration.

8.04.010 Definitions.

Whenever used in this chapter, unless a different meaning clearly appears from the context, the words set out in this section shall be defined as follows:

A. “Food or 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.

B. “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.

C. “Person” means a natural person, club, including veteran’s club, firm, corporation, partnership, organization, association, or political subdivision, except public schools.

D. “Restaurant” means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, itinerant restaurant, vehicle, private school cafeteria or eating establishment, in-plant or employee eating establishment, whether private or public, organization, club, including veteran’s club, boardinghouse, 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 service elsewhere, including catering functions.

E. “Stanislaus County health officer” is the designated health officer for the city.

F. “Vehicle” means any vehicle upon which food or beverage is displayed, sold, or offered for sale, or given away. (Ord. 79-11 § 1, 1979)

8.04.020 Permit – Required.

It is 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 provided in this chapter. (Ord. 79-11 § 2, 1979)

8.04.030 Permit – Application.

Any person desiring a permit to conduct a restaurant in the city shall file with the health officer or his authorized representative 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 health officer or his authorized representative for approval. The application shall be upon a form supplied by the health officer and shall state that if the permit is granted, the applicant shall conform to and comply with all requirements of this chapter. (Ord. 79-11 § 3, 1979)

8.04.040 Permit – Investigation.

Immediately upon receipt of an application for a restaurant permit, the health officer or his authorized representative shall investigate the premises on which it is proposed to conduct the business and determine whether the premises and equipment used or to be used therein comply with the rules and regulations prescribed by this chapter and with the laws of the state pertaining to restaurants. If satisfied that the premises and equipment comply with such rules and regulations and laws, he shall issue a permit to the applicant to conduct business. The 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. (Ord. 79-11 § 4, 1979)

8.04.050 Permit – Term.

Each permit issued by the health officer for conduct of a restaurant business expires at the end of 12 calendar months from the date of issuance or at such time as the person to whom the permit was issued ceases to conduct the restaurant, whichever occurs first. (Ord. 79-11 § 5, 1979)

8.04.060 Permit – Revocation.

Any permit to conduct a restaurant may be revoked by the health officer in the event that he determines that any of the regulations contained in this chapter have been violated, whereupon the permit shall be surrendered to the health officer. Any person whose permit has been revoked by the health officer, as provided in this section, may appeal to the city council by filing a written notice of appeal with the city clerk within 10 days of the act of revocation. At its next regular meeting following the filing of the notice of appeal, the city council shall fix a time and place for hearing the appeal and the clerk shall provide notice of the hearing to the appellant and to the health officer. At the hearing, the city council may receive evidence and inquire into the revocation, and shall have power in its discretion to restore the permit or affirm the action of the health officer in revoking the 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. 79-11 § 6, 1979)

8.04.070 Regulations designated.

Any person operating a restaurant within the city shall be governed by the regulations specified in HMC 8.04.080 through 8.04.140. The violation of any of these regulations shall be grounds for revocation of the permit to conduct said business within the city. (Ord. 79-11 § 7, 1979)

8.04.080 State statutes applicable.

Any person operating a restaurant shall meet and comply with all requirements of the California Restaurant Act and all other laws of the state pertaining to restaurants and the premises on which the same are conducted. (Ord. 79-11 § 7(1), 1979)

8.04.090 Equipment repair.

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. (Ord. 79-11 § 7(2), 1979)

8.04.100 Hood requirements.

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. (Ord. 79-11 § 7(3), 1979)

8.04.110 Plumbing requirements.

Every plumbing fixture must be provided with running water. Plumbing fixtures from which wastes are discharged must be properly trapped, each trap must be effectively vented, and these fixtures must be connected to an approved sewerage system. (Ord. 79-11 § 7(4), 1979)

8.04.120 First aid instruction posting.

At all times during which a restaurant is serving food, instructions on first aid to persons choking on food shall be posted in a conspicuous place. (Ord. 79-11 § 7(5), 1979)

8.04.130 Manager certification.

At all times that food is being served, a restaurant shall have on the premises a manager or other person in charge who shall have in his possession a certificate of approval issued by the health officer. Certification requires training in basic sanitary food handling practices, knowledge of state laws pertaining to food handling, and management responsibilities. The health officer shall establish criteria and be responsible for all instructions pursuant to these requirements. (Ord. 79-11 § 7(6), 1979)

8.04.140 Cleanliness requirements.

Each restaurant shall be equipped with equipment to test the effectiveness of the chemical sanitizing agent being used for sanitizing purposes within the restaurant. The manager or other person in charge shall be familiar with the type of chemical in use, its method of application, and test procedures. (Ord. 79-11 § 7(7), 1979)

8.04.150 Administration.

The city council authorizes and directs that this chapter shall be administered by the public health division of the Stanislaus County department of human services. If the public health division of the county shall for any reason refuse or otherwise fail to accept the responsibility of administering the provisions of this chapter, then the city council shall by resolution designate a new person or agency to act as administrator. (Ord. 79-11 § 8, 1979)