APPLICATIONS, PERMITS AND FEES
Every applicant for a permit, license or registration required by the Department of Environmental Health and Quality (the Department) shall file a written application on a form prescribed by said Department. This may include an electronic application with an electronic signature filed in a manner prescribed by the Department. The application shall state the name and address of the applicant, the description of the property by street and number wherein or whereon it is proposed to conduct the business or activity for which the permit or license is required, the nature of the permit or license for which application is made, the character of the business or activity proposed to be conducted and any other information as the Department may require.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9858 (N.S.), effective 5-25-07; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
Every person applying for a permit, license or registration for a food establishment, apartment house or hotel, organized camp, public swimming pool, sewage pumping vehicle, unified program facility, small quantity medical waste generator registration or other regulated business or facility for which an annual, biennial, or one time permit, license or registration is required under the provisions of this Code and issued by the Director shall at the time of making application for the permit, license or registration pay the permit, license or registration fees, as set forth in Section 65.107.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8118 (N.S.), effective 9-3-92; amended by Ord. No. 8279 (N.S.), effective 8-19-93; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 8680 (N.S.), operative 7-1-96; amended by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10379 (N.S.), effective 4-17-15; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
(a) Upon receipt of such application, accompanied by the required fee, it shall be the duty of the Department to investigate the matters set forth in such application, and the sanitary conditions in the place where it is proposed to conduct the business or activity mentioned in the application, or in the case of a unified program facility, or facility eligible for the small quantity medical waste generator registration program, investigate the conditions in and about the place where it is proposed to conduct the activities subject to the unified program requirement or other requirement specified in the application. If the Department determines that the statements contained in the application are true, and that the existing sanitary conditions in the place mentioned in said application comply with the provisions of law, the Medical Waste Management Act, or in the case of a unified program facility the facility complies with unified program facility requirements of this Code and State laws, a permit, license or registration shall thereupon be granted. Such permit, license, or registration shall be granted only upon the express condition that it shall be subject to revocation or suspension by said Department upon a showing satisfactory to said Department of a violation by the holder of such permit or any person acting with their consent or under their authority, of any applicable provision of law regulating places or activities of the character for which the permit, license, or registration is granted.
(b) Pursuant to California Health and Safety Code Section 114387, the Director of Environmental Health may order the closure of any food facility that is operating without a permit, and may administratively impose and directly invoice the facility operator for a penalty of up to 300% of the applicable permit fee. These consequences are in addition to penalties under sections 114390 to 114399 of the California Health and Safety Code. If a closure is ordered pursuant to this subsection the Director shall notify the operator of their right to a hearing as provided in section 114409 of the Health and Safety Code. If a penalty is imposed under this subsection but the facility is not ordered to close, the Director of Environmental Health shall notify the operator of their right to appeal as set out in Section 16.101 to 16.106 of the County Code.
(Amended by Ord. No. 7428 (N.S.), effective 2-4-88; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 10238 (N.S.), effective 1-4-13; amended by Ord. No. 10606 (N.S.), effective 7-1-19; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
A permit, license, or registration issued pursuant to this Title 6 shall expire on the last day of the month of the one year anniversary month in which the permit was issued and shall be renewed annually, except as set forth as follows:
(a) The permit for sewage pumping vehicles shall expire on December 31 of each year. The permit for newly permitted non-prepackaged mobile food facilities and mobile food preparation units and newly permitted food vending machines shall also expire on December 31 of each year. "Newly permitted" is defined as "not permitted to the same owner or operator within the last three years by the Department of Environmental Health and Quality." The annual fees shall be pro-rated as follows:
1. If the permit is issued during the period of January 1, to June 30, the full annual rate is due.
2. If the permit is issued after June 30, the rate shall be one-half (1/2) of the annual rate or at full cost recovery whichever is more.
(b) The permit for newly permitted prepackaged mobile food facilities shall expire on March 31 of each year. The annual fees shall be pro-rated as follows:
1. If the permit is issued during the period of April 1, to September 30, the full annual rate is due.
2. If the permit is issued after September 30, the rate shall be one-half (1/2) of the annual rate or at full cost recovery, whichever is more.
(d) The registration fee for small quantity medical waste generators eligible for the registration program shall be renewed pursuant to section 68.1202.
At the time application is made, there shall be paid to the Department the required annual fee, which fee is due and payable each year by the expiration date of the permit, except where specified above.
(e) The permit for the treatment of medical waste shall be renewed as per Section 68.1203.
(Amended by Ord. No. 7142 (N.S.), effective 6-27-86; amended by Ord. No. 7299 (N.S.), effective 6-11-87; amended by Ord. No. 7797 (N.S.), effective 9-6-90; amended by Ord. No. 7931 (N.S.), effective 7-18-91; amended by Ord. No. 8477 (N.S.), adopted 11-8-94, operative 1-1-95; amended by Ord. No. 9322 (N.S.), effective 5-4-01; amended by Ord. No. 9525 (N.S.), effective 1-10-03; amended by Ord. No. 9742 (N.S.), effective 12-2-05; amended by Ord. No. 10680 (N.S.), effective 9-4-20; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. 10927 (N.S.), effective 1-10-25)
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