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Publisher's Note: This Section has been AMENDED by new legislation (Ord. 10786, adopted 4-28-2022). The text of the amendment will be incorporated below when the ordinance is codified.
(a) A person who is required to obtain a food facility permit pursuant to the CRFC shall submit an application for the permit to the Department on a form provided by the Department and pay all applicable permit fees. Restaurant operators with a food facility permit may cater private events without an additional permit. All other catering requires a catering permit. The application for a permit shall be accompanied by the annual permit fee, if any, required in Title 6, Division 5, Chapter 1. (See County Code section 65.107(a).) Where a plan check or plan consultation is required, the time-based fee specified in Title 6, Division 5, Chapter 1 must be paid before a permit or other approval to operate is issued. (See County Code section 65.107(m).)
(b) A person organizing a community event or swap meet at which any food vendor claims exclusion from "food facility" status pursuant to Health and Safety Code 113789(c)(4) (i.e., based on operation of the event for the benefit of a non-profit, and the absence of any monetary benefit to the for-profit food vendor other than that resulting from recognition from participating in the event) shall submit with the application for an organizer's permit for the event one of the following:
(i) A certification by an individual authorized to represent the organizer, sworn under penalty of perjury under the laws of the State of California, identifying each vendor claiming this exclusion, and stating that the signatory has confirmed after reasonable inquiry that the organizer has procedures in place to collect all revenues received by those vendors in excess of each vendor's direct costs of participating in the event, and has procedures in place to remit those excess revenues, less any contractual fee retained by the organizer, to the non-profit beneficiary of the event.
(ii) Certifications by individuals authorized to represent each vendor claiming this exclusion, sworn under penalty of perjury under the laws of the State of California, stating that the vendor had procedures in place to determine its event revenues in excess of its direct costs of participating in the event, and will remit those excess revenues if any either directly to the non-profit beneficiary of the event, or to the organizer for distribution to non-profit beneficiary.
(c) Pursuant to Health and Safety Code section 114390(b)(1), the Director may require any food vendor doing business at an event without a temporary food facility permit or a statement as set out in subsection (b) on file with the Department to provide documentation of receipts, expenses, and remittances to the non-profit beneficiary of that event sufficient to show eligibility for exclusion for that event under Health and Safety Code section 113789(c)(4).
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10452 (N.S.), effective 1-13-17; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10733 (N.S.), effective 7-1-21)
SEC. 61.105. PENALTY FOR ACTIVITIES WITHOUT A PERMIT.