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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)
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)
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)
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)
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))
A permit to operate and maintain a food facility which has been issued in the manner provided by this chapter may be renewed for additional one-year terms, commencing on January 1st of each year following the end of the initial or any such renewed term and ending on December 31st of the same year in which such permit is renewed, by the payment of a permit renewal fee in an amount established by resolution of the city council on or before the date such permit expires. Provided that, where a permit to operate and maintain a food facility has expired by reason of the non-payment of a permit renewal fee, such permit may, nevertheless, be renewed by the payment of late filing fee in an amount equal to 50 percent of the permit renewal fee on or before January 31st of the year following the expiration of such permit, which late filing fee shall be in addition to the permit renewal fee.
(Ord. 1642 (part))
A permit to operate and maintain a food facility which has been issued pursuant to the provisions of this chapter shall apply only to the person to whom the permit was issued and for the location, type of food sale, and type of food distribution activity for which the permit was issued and, in accordance with the provisions of Section 113920 of the California Health and Safety Code, shall not be transferable. Any attempt to transfer such permit shall be null and void and shall be grounds for the revocation of the permit.
(Ord. 1642 (part); Ord. 2176)
A permit to operate and maintain a food facility which has been issued pursuant to the provisions of this chapter may be suspended or revoked by the health officer in the manner provided for in Article 5, Chapter 4, Part 7, Division 104 of the California Health and Safety Code (commencing with Section 113950) at any time the health officer determines that such food facility is being operated in violation of the sanitation requirements set forth in Chapter 4, Part 7, Division 104 of the California Health and Safety Code, any regulation 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 this chapter.
(Ord. 1642 (part); Ord. 2176)
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