Chapter 8.04


8.04.010    Health officer defined.

8.04.020    Permit – Required for certain businesses.

8.04.030    Permit – Conditions of issuance.

8.04.040    Permit – Expiration – Renewal – Posting.

8.04.050    Violation – Penalty.

8.04.010 Health officer defined.

For the purposes of this code and the enforcement thereof, the term “health officer” means the duly appointed representative of the county department of public health. (Ord. 589 § II(18)(b), 1981; Ord. 13, 1955; prior code § 8-304)

8.04.020 Permit – Required for certain businesses.

It is unlawful for any person, firm, or corporation owning, controlling or carrying on as principal or agent in the city the business or occupation of public laundry, manufacturing or bottling table water or other beverages, box-lunch establishment, bakery establishment, bakery distributor, wholesale candy or confectionery manufacturing, confectionery or soda fountain, fruit stand, wholesale fruit produce, food products establishment, restaurant, lunch stand, retail or wholesale poultry house, poultry peddler, poultry slaughterhouse, sausage factory, meat market, meat peddler, wholesale meat house, fish market, wholesale fish market, fish peddler, public swimming pool or spa as defined in Health and Safety Code Section 24100 and Title 22, Section 65503 of the Administrative Code, grocery store, or wholesale grocery business, without first applying for and securing a permit in writing from the health officer of the city, and no business license shall be issued by any officer of the city until such permit has first been obtained. (Ord. 612 § 1 (Appx. A(21)), 1982; Ord. 589 § II(18)(a), 1981; Ord. 13, 1955; prior code § 8-301)

8.04.030 Permit – Conditions of issuance.

If after an investigation and consideration of any such application it appears to the health officer that the place, vehicle, business, building, or institution conforms to, and that the applicant has complied with, all the sanitary and health laws of the state and ordinances of the city relevant thereto, the health officer shall grant the permit applied for:

A. Provided, however, that the health officer shall have the power to suspend or revoke such permit at his discretion upon proof to his satisfaction of a violation by the holder of such permit of this or any ordinance of the city, or law of the state, regulating and establishing standards for the health, comfort, sanitary or hygienic appliance, use or hygienic conduct, arrangement, management or operation of the institutions or businesses regulated by this chapter;

B. Provided further, that the health officer in his discretion is empowered to deny or withhold a permit for which an application has been made, if, in his judgment, the building, premises, equipment, apparatus, vehicle or reasonable facilities for the establishing, maintaining, conducting, or operating the business or institution for which a permit is requested is or are insufficient, unfit, or incapable of being used, maintained, or established to comply with this chapter or any other ordinance of the city, or the rules and regulations of the health officer, or laws of the state. If any such permit is denied, suspended, or revoked by the health officer, it shall be unlawful during the period of such denial, revocation or suspension for any person to sell or traffic in any food or drink products in the city at such establishment;

C. Provided, however, that any such person, firm or corporation, whose permit issued under the provisions of this chapter has been so suspended or revoked, shall have the right to appeal to the city council in writing within three days after notification of such suspension or revocation, or within thirty days after the denial thereof, and to be heard by the city council with relation thereto at its next regular or regular-adjourned meeting, or at a special meeting of the city council called for such purpose, and the action of the city council upon such appeal shall be final and conclusive with respect to the suspension or revocation of such permit; and

D. Provided further, that in the event that such appeal is taken as provided in subsection C of this section, such business or occupation, where such permit has already been granted, shall not be suspended until the final disposition of the appeal by city council as aforesaid. (Ord. 13, 1955; prior code § 8-302)

8.04.040 Permit – Expiration – Renewal –Posting.

Except as otherwise provided, all permits issued by the health officer, as required by this chapter, shall be valid for the period that the business license of any person is valid unless sooner revoked or suspended, or unless the holder of such permit changes the location of his place of business or sells, assigns, transfers or otherwise disposes of such business or institution or his interest therein for a period of thirty days or more. Upon the expiration of any permit and within seven days thereafter, the person trafficking in, conducting or operating such business or institution shall apply for and secure a renewal of the permit in the manner provided for by this chapter. All permits issued shall be kept posted in a conspicuous place of the business, vehicle, or institution of such permit holder. (Ord. 13, 1955; prior code § 8-303)

8.04.050 Violation – Penalty.

Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor. (Ord. 1042 § 2, 2017; Ord. 13, 1955; prior code § 8-304)