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)