(a) No person shall operate a food establishment without a current, valid food establishment permit issued by the health department.
(b) A separate permit shall be required for every food establishment with separate and distinct facilities and operations, whether situated in the same building or at separate locations. Separate and distinct lounge operations within a food establishment that are in addition to food operations require a separate permit. Multiple lounges on the same floor in the same building and under the same liquor license will not require a separate permit.
(c) Permits issued under the provisions of this article are not transferable. A permit shall be valid for the period of time shown on the face of the permit, unless earlier suspended or revoked by the director.
(d) The application for a new or a renewed permit shall be made on an application form prescribed by the director.
(1) At a minimum the application shall require the applicant’s name, type of business organization, the name and address of the owner or principal officer of the business, the nature of the business, the location of the business, and such other information as the director deems necessary.
(2) Applications for permits for mobile food units or temporary event establishments which operate from a fixed food facility located outside of the city shall include a copy of the facility’s current, valid, permit (state or local) and the most recent facility inspection report (state or local).
(e) The health department may not renew an expired or expiring permit until the owner or operator of the food establishment provides proof of compliance with current minimum health department requirements.
(f) The owner or operator of a food establishment shall post and maintain the current permit in a conspicuous public place in the establishment for which the permit was issued.
(g) Upon change of ownership of a business, the new owner shall be required to meet current food establishment standards as defined in this code and state law before a permit will be issued by the health department.
(h) The following types of establishments are exempt from the requirements of this article:
(1) Group homes;
(2) Establishments selling only commercially packaged, nonpotentially hazardous foods;
(3) Vending machines;
(4) Facilities operated by nonprofit organizations for their members, families and invited guests. Facilities are not exempt when food service is provided in conjunction with a child care facility, retirement center, hospital, school, indigent feeding program or public fundraising events; and
(5) Private schools that do not have a kitchen.
(i) Criminal offenses.
(1) A person commits an offense if the person knowingly owns, operates or is in control of a food establishment that is operating without a valid food permit.
(2) A person commits an offense if the person owns or operates a food establishment and knowingly fails to post and maintain a permit in accordance with subsection (f) above.
(Ord. 12553, § 1, passed 6-18-1996)