Chapter 5.38
FOOD FACILITIES*

Section:

5.38.010   Purpose.

5.38.020   Definitions.

5.38.030   Permit required.

5.38.040   Application for permit.

5.38.050   Issuance of permit.

5.38.060   Term of permit.

5.38.070   Renewal of permit.

5.38.080   Prohibited transfer of permit.

5.38.090   Suspension and revocation of permit.

5.38.100   Posting of permit.

5.38.110   Special identification requirements for vending machines and food vehicles.

5.38.120   Food facility construction, alterations, and additions.

5.38.130   Food facility inspections.

5.38.140   Local food facility standards.

5.38.150   Appeals.

5.38.160   Abatement actions.

5.38.170   Other permits required by this code.

_____________

* Prior ordinance history: Ord. 1495.

5.38.010 Purpose.

   This chapter is adopted for the purpose of implementing the provisions of the California Uniform Retail Food Facilities Law, as set forth in Chapter 4, Part 7, Division 104 of the California Health and Safety Code (commencing with Section 113700).

(Ord. 1642 (part); Ord. 2176)

5.38.020 Definitions.

   Unless the contrary is stated or clearly appears from the context, the following definitions shall govern the construction of the words and phrases used in this chapter:

   A.   Food Facility. The term “food facility” shall mean a food facility as defined in Section 113785 of the California Health and Safety Code.

   B.   Health Department. The term “health department” shall mean the city health department; provided that, where the city council has consented by ordinance or resolution to the enforcement of public health laws in the city by the Butte County health officer, the term “health department” shall mean the Butte County health department.

   C.   Health Officer. The term “health officer” shall mean the city health officer; provided that, where the city council has consented by ordinance or resolution to the enforcement of public health laws in the city by the Butte County health officer, the term “health officer” shall mean the Butte County health officer.

(Ord. 1642 (part); Ord. 2176)

5.38.030 Permit required.

   No person shall operate or maintain a food facility within the city unless a food facility permit required by Article 3, Chapter 4, Part 7, Division 104 of the California Health and Safety Code (commencing with Section 27550) has been issued for such food facility in the manner provided by this chapter.

(Ord. 1642 (part); Ord. 2176)

5.38.040 Application for permit.

   An application for a permit to operate and maintain a food facility shall be filed by the owner or owners of the food facility with the health department. Such application shall be in the form prescribed by the health officer, and shall contain the information and be accompanied by such plans and specifications as may be required by the health officer in order to determine whether the food facility complies with the sanitation requirements set forth in Chapter 4, Part 7, Division 104 of the California Health and Safety Code, any regulations adopted by the State Department of Health Services to implement or administer such sanitation requirements, and any local food facility standards adopted by or pursuant to the provisions of this chapter. In addition, such application shall be accompanied by a permit application fee; provided, that if a food facility has been unlawfully operated or maintained without a permit, such application shall also be accompanied by a late filing fee in an amount equal to 50 percent of the application fee, which late filing fee shall be in addition to the application fee.

(Ord. 1642 (part); Ord. 2176; Ord. 2189 §4)

5.38.050 Issuance of permit.

   A permit to operate and maintain a food facility shall be issued by the health officer to the owner or owners of such food facility if, following the filing of an application for such permit, the health officer determines that such food facility complies with the sanitation requirements set forth in Chapter 4, Part 7, Division 104 of the California Health and Safety Code, any regulations adopted by the State Department of Health Services to implement or administer such sanitation requirements, and any local food facility standards adopted by or pursuant to the provisions of this chapter. Provided that, where an application is filed for a permit to operate and maintain a food facility that was in existence on the effective date of this chapter but which does not comply with the sanitation requirements set forth in Chapter 4, Part 7, Division 104 of the California Health and Safety Code, any regulations adopted by the State Department of Health Services to implement or administer such sanitation requirements, and/or any local food facility standards adopted by or pursuant to the provisions of this chapter, the health officer may, nevertheless, issue a permit for such facility if the health officer determines that such food facility can be operated and maintained in a safe and sanitary manner and also expressly conditions the issuance of such permit on compliance with such requirements and standards in accordance with a reasonable time schedule.

(Ord. 1642 (part); Ord. 2176)

5.38.060 Term of permit.

   The term of a permit to operate and maintain a food facility which has been issued in the manner provided by this chapter shall be for a period of not more than one year commencing on the date such permit is issued and terminating on December 31st of the same year in which such permit is issued.

(Ord. 1642 (part))