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Home My WebLink AboutOrdinance 960 N.C.S. 11/17/1969N 6 EER:skw 11/7/69 ORDINANCE NO. 9`60 INTRO CED BY COUNCILMAN "V, SEGO BY COUNCILMAN AN ORDINANCE OF THE CITY OF PETALUMA AMENDING THE PETALUMA CITY CODE OF 1958 TO "REQUIRE LOCAL HEALTH PERMITS FOOD HANDLING ENTERPRISES OR ESTABLISHMENTS, PROVIDING -FOR INSPECTION BY THE HEALTH OFFICER,, FIXING ANNUAL INSPECTION FEES; PROVIDING PENALTIES FOR VIOLATION.: AND REPEAL- ING SECTIONS 12..1 THRU 12.12 OF-THE PETALUMA CITY CODE. BE IT ORDAINED BY THE COUNCIL OF THE. CITY OF PETALUMA AS FOLLOWS: Section 1 . Chapter 12 of the Petaluma Cty.Code. -of 1958 is hereby amended to read as follows:: ARTICLE.I. IN GENERAL Section 12.1 The "Health Officer" means the`Health Officer of- this City or his authorized representative. (a) The Health Officer shall administer and enforce the pro- visions.of this chapter in addition to the provisions of State Law herein concerned and the rules and promulgated by the State Department of,Publc- Health thereunder. (b) In the construction of this chapter all.words shall have the meanings -as provided in the,- Health and Safety,Code of the State of California and in particular the California Restaurant Act. ARTICLE II PERMITS S;ecti.on: 12.2. Required. No person shall operate in .this City- any restaurant, itinerant restaurant, food vending vehicle, vending machine, delicatessen, bakery, grocery, market, food.or beverage (i✓J ?1 i��1 �Gf:�Gf �' �/u��G//�/��%' `�� .. 1 U l �. /L,C.S drive -in or stand, food processing estab- lishment, or any other enter- prise or establishment in which food or beverage is offered for sale or sold, and concerning which the Health Officer is required or permitted by State law to. conduct periodic n pections or to act in the enforcement of statute, order., quarantine, rule or regulation prescribed by State law or by a State °officer or de- partment relating to,public health, without.a valid local health permit. Section 12.3. Application (a) Local health. permits shall..be issued only after application therefor to the Health Officer, investigation by the Health Officer of compliance b_y the - applicant with all applicable statutes, orders, quarantines, rules or regulations., and a finding by the Health Officer that the applicant is-in substantial compli- ance with such laws, rules and regulatLons-and this chapter. (b) Applications for local health permit shall be in writing on a form approved by the Health. Officer.and signed by the applicant and shall include• the items of- „information follow- ing: 1. Name and address of the - establishment or enterprise for which the permit is sought, including, in the case-of-multiple. locations, the names and addresses of- each.enterprise or.. establishment; 2. Name.and address of the.applicant; 3. The general nature of the business!of each enterprise.or establishment; 4. The number of persons working in each enterprise or estab- lishment on a representative day, being the.median number evidenced by social security tax returns-during the pre- ceding year; 5. The calendar year for which the permit or permits are sought; 6. The amount of inspection fee accompanying the application; 7. The date of the application. -2. S:ec =ibn_. 12.4 . Fees (a) Each applicant.shall pay- -the annual inspection fee or fees established by this chapter.. So long as the Health Officer of the County of Sonoma, acts the capacity of the - Health Officer of this City the._aforesaid fees shall be paid.directly to the County of Sonoma. (b) Each itinerant - restaurant, each f;ood.vendinq vehicle, each vending machine and.each separate location of business shall be deemed a separate enterprise or estab- li.shment_ for purposes of this chapter. (c) The following are hereby fixed as - annual in- spection fees for local health permits: 1. Each.enterprise or establishment other than an- itinerant restaurant, food vending vehicle or vending machine -- a. in which there are-one to ten employees...:.:$ 20.00 b. in which there.are eleven to ninety-nine - employees..... a total fee equal to $ 2:_0.0 per employee C. in which there are one hundred or more employees... ... ... ........................$ 200.00 2. Each food vending vehicle..... ......... ... •$ 20.00 3.. Each itinerant restaurant.............. .._ .$ 20...00 4. Each food vendina machine. . .....:$ 4.00 5. Each duplicate permit replacing a permit previously issued..... ............... ... ......$ 2.00 In addition to the foregoing fees, any applicant who has failed to.file an application for renewal permit prior to the expiration of the current permit shall pay a penalty of ten if his application is filed within thirty days from and after the last date upon which his previous permit -was valid and a-penalty of fifty percent if filed thereafter. The fees for local health permits shall not be prorated. No fees shall be due or required for permits issued-for the calendar year 1969. =ems Section 12.5. Application Upon receipt of the,applica:t.ion and fees, the Health Officer shall.investigate the enterprises or es- tablishments for which local health permits to determine compliance with this chapter and. with applicable. state laws., rules and regulations... ection 12.6. Issuance. (a) The Health Officer shall - issue�a;local''hea lth permit { to the applicant for each-location, enterpri;s.e..or establishment . which is in compliance with said standards-;- The!Health Officer shall not issue a local health permit-to the.applicant• for any, location, enterprise or'establishment not in compliance with said standards, but shall give the applicant written-notice.of -- defi- ciencies which preclude..issuance,of the.permt. (b). Local.health permits shall - be..yalid for -the calendar. year -in which issued plus thirty days. EacL per-mi.t shall be.prom- inently posted in plain public, view at the location or upon -the equipment for -which it was - issued Permits shall not be.trans- ferable. (c) Permits.s °hall be renewed upon application of the per- mittee -- durincx the first thirty days of each calendar year. Each application for renewal.shall be in like form as an original ap -- p`lication, but shall have the word "renewal " - printed in the lower riaht -hand corner of the first page thereof. Each application for renewal shall be accompanied by the fees herein fixed. The,Health Officer shall investigate and.issue or deny a permit upon receipt of an application, for renewal in like manner -as- upon -an original application. The filing. of an. application for renewal of local, health permits shall automatically extend the-term of the current. per-.mit issu the location enterprise or establishment until the date Qf notice of issuance or denial of a,new permit. - Section' 12.7.- Appeal In the event of -a denial by the Health Officer of a permit as required by this - chapter for any reason -4- • other than non-payment of the required:fees or failure to file a proper application, the.applicants may appeal in writing.to the City Council from the decision of the Health Of- ficer. The City Council shall hold a public hearing at their meeting, provided said meeting.is at least ten days.-from the receipt -of said written appeal by the City Clerk of the City. The-Health Officer shall appear at the hearing and render his report „to the City Council. At the conclusion of the hearing or any.continuance thereof,.the City Council may affirm the action of the Health Officer, reverse the action of the Health Officer; or take such other action as the City-Council deems appropriate. Section 12.8. Penalty Any violation of this.chapter or of any order of the Health Officer issued hereunder is a misdemeanor punishable by fine of not less than - nor -more than. $500 or by 'imprisonment in -the County Jail for a term.not to exceed six months or by both such fine and imprisonment. Section 2 . Chapter .12, Sections 1:2.1:thru 12.12, of the petaluma-.City Code 1958 is hereby repealed as. of:the effective date of -this ordinance Section 3 . The repeal of the ordinances or parts of ordinances effectuated by.the enactment..of this..ordinance shall not be construed as abating.a.ny actions now -- pending under.or by virtue of such ordinance or as discontinuance, abating, modifying or altering any penalty accruing or to accrue or as affecting the liability of any person, firm or corporation or as waiving any right - of-the municipality under any section -.or.- provision exist- ing at the time of the passage of this ordinance.: -5 - -. A Section 4. The-City Clerk and., she is hereby directed to �tx /publish this ordinance for the .per iod.and in the manner as required by the City Charter. ORDERED MO (/PUBLISHED this 17th day of 'N 1969 AYES COUNCILMEN BRAINERD, JOER'GER, MATTEI, AND MAYOR PUTNAM. NOES: COUNCILMAN BRUNNER ABSENT-: COUNCILMEN BATTAGLIA, CAV&NAGH, JR. Attest: Mayor City Clerk CM. I teitify thati,the vVith`ih: brcliffahce,'i"s published' 'in full once in ffies'Petaluma, Argus;Cqurier a dail y,p4per of guieral 6rctilation, published within the City of 'Petaluma, tonvit . ..... .,NIb-v-em.b. .... 2 -5.4._. ; , - - -- . ------------------------- and that the ,said Petaluma Arg�b�swCoqrier is t offleiall newspaper of the City of Petaluma. hereby certify that the whble'4dmber, of members` of the 'Council of 'the City of Petal,uma, : is seven; and that the foregoing ,ordidahce"was , passed by the, Co un cil' at its meeting of.....-y-,_1 'da Dejc�efnber , ............. .............. z .. ................... y of . 119-, the following, vote, io-wit. AYES:: COVNCILMA BRAI14ERD, ........... m.�.m ........... COUNCILMAN ............... ........................... ...... AYES:, C 001qCIf-MAN .......... MATTE17 OQ .................... L ........ ..................... C AYES; COUNCILMAN ...... : ........ ..•.... ........... ...... ......... ..........................................----- --- ---- -•.• AYE MAYOR ....... IPVTnAM' .......... I i U -.Brunner' '& - jee'r-'crer . ............ : ......... ............. .................. - .............. ABSENT- Counc -..L 11 a & _C h �avaa4hi- Tr ............. .............. . A TT E .... ....... ..... ------- --- ------------------------- -------------- ...... (SEAL) CITY CLERK 9�60 Raw The. fofE�oIng,.,'Ofdi'n]dnce Number ......... ....... : .......... Ch arter Series, ' havijT - g b"eeft regularly pas§ed' and presented' to me �St'.- - of: ....... Decem Y -:- ... 1&t : ......:..: day' ....... �tlay, ...... t� -------- ...... . 1 is 'hqeby �approve by me ..... f ........ ...... De 6 12-31 69 :9' E �cti�fe date ..... ............. ............................... ....................... ....... ............ ig .......... - A .................. ............... .•...... .. .. ... .. ................................ MAYOR,