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HomeMy WebLinkAboutOrdinance 955 N.C.S. 09/15/1969> 4k:skW 9/10/69, ,EFFECTIVE DATE 0 OR DIN A NCE �F !F ORDINANCE NO.— 955 N.C.S. INTRO BY COUNCILMAN SECONDED BY COUNCILMAN- � AN ORDINANCE OF THE- CITY OF.PETALUM AMENDING THE PETALUMA CITY CODE OF 1.95.8 TO REQUIRE LOCAL HEALTH - PERMITSFOR FOOD HANDLING ENTERPRISES OR ESTABLISHME?VTS'i: FOR INSPECTION BY , THE - HEALTH OFFICER, FIXING,. INSPECTION .FEES; PROVIDING,PEN I ALTIE8, FOR VIOLATI ON; AND `REPEAL- INd'SECTION"IS-* : 12, 1 - THRU 12. 1 - OF THE PETALUMA CITY CODE.: BE IT ORDAINED,BY THE C.OUN OF PETALUMA AS :FOLLOWS: Section, L. - Chapter-12..of the,Petaluma City' Code of 1958., is hereby .amendedito,'read a's --follows: ARTICLE I; IN GENERAL,. Section .1 Def'iryitions and General Provisions (a) The Health off ic -administer and enforce the., pro- visions of this ch addition-to-the provisions of State _-lawherein concerned-and the rules . and,,regula- tions,promulgated by the State Department ,Health thereunde'r.. (b) In -the -construdtion..of-this cha ­p ter, words defined in, this sha:ll.. have, the meaning-herein --ascribed.. (c) "Health Officer "-.means. the. Health , Officer, of-Sonoma. County, California;, the C'1.•ty of Petaluma, or.-their •authorized repre,sentative (d) "Food-vending'Yehicle" means-"vehicle": as defined in. the California Restaurant Act (Health 'and,Safety Code Sec. 2852.0, et sect) (e). "Bakery" has the ,meaning. defined: in the., California Bakery Sanitation-Law (Health-and Safety Code, Sec. 28190,•et. (f I ."pood. processing establishment"' has -the meaning-'defined in the California Food'Sanitation Act (Hea-Ith and Safety.Code, Sec-282&O, et,seq). (g) The words and phrases following have the meanings res- pectfully given them-in the definition sections'of the - California Restaurant Acts ' ", "itinerant restaurant ", "vending machine ", "food or beverage ". (h) "Local health permit" means a permit issued by the Health Officer pursuant to this chapter.to operate an enterprise or establishment herein regulated. (i) "Persons" means any individual, firm, cc- partnership, corporation or association. ARTICLE II. PEPMITS Section 12.2. Reauired. No person shall operate in the City of Petaluma any res- taurant, itinerant restaurant, food vending vehicle, vend- ing machine, delicatessen, bakery„ grocery,, market, food or beverage drive -in or stand, food processing establish- ment, or any other enterprise or es=tablishment in which food or beverage .is offered for sale or sold, and con- cerning which the Health Officer.is required or permitted by State law to conduct periodic inspections or to act in the enforcement of any statute,, order, quarantine,. rule or regulation prescribed by State law or by a State officer or department relating to public health, without a valid local health Section 12.3. Application. (a) Local health permits shall be issued only after applica- tion - therefor to the Health Officer, investigation by the Health Officer of compliance by the applicant with*all applicable statutes, orders, quarantines, rules or reg- ulations, and a finding, by the Health Officer that the applicant is in substantial compliance with such laws, rules and regulations and this chapter. (b). Applications for local health permit shall be in writing on.,a form approved by the Health Officer and signed by -2- the applicant and shall include the items of information following: 1. Name and address of the applicant; 2. Name and address of -the establishment or enterprise for which the permit i,s sought, including, in the case of multiple locations, the - .names and addresses of each enterprise or establishment; 3. The general nature of the- ,busine of-each-enterprise or establishment; 4. The number of persons.workng in each enterprise or establishment on a representative day, being the me- dian number.evidenced by social security tax returns during the,precedina year; 5. The calendar year for which the permit or permits are,sought; 6. The amount of inspection fee. accompanying the ap- plication; 7. The date of the appli.cation.: Section 12.4. Fees (a) Each applicant shall pay to the Officer at the time of- filing of application for permit the annual inspection fee or fees established by this chapter. (b) Each itinerant restaurant, each food vending - vehicle, each vending machine and each separate location of business shall.be deemed a separate enterprise or establishment for purposes of this chapter. (c) The following are hereby fixed as the annual inspection fees for local health permits: 1. Each enterprise or establishment other than an itiner- ant restaurant, food vending vehicle or vending machine.... a. in which there are one to ten employees ...:...... $ 20 . 0 0 b. in which are eleven to ninety -nine employees .....a total fee equal to $ 2.00 per employee; MCC • c. in which there are one hundred or more employees ....... $ 2:00,..00 2. Each food vending vehicle ........... $ 20.00 ; 3. Each itinerant restaurant ........... $20.00 ; 4. Each.food vending machine....,.. ....$ ; 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 per -cent 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 per cent if filed thereafter. The.fees for local health permits shall not. be prorated. No fees shall be due or required for per - mits issued for the calendar year 1969. Section 12.5 Inspection of Premises Upon receipt of the application and fees, the Health Of- ficer shall investigate the enterprises or establishments for which local health permits are sought to determine compliance with this chapter and with applicable State laws, rules and regulations. The Health Officer shall issue a local health permit_to the applicant for each location, enterprise or establishment which is in com- pliance 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 def- iciencies which pred'lude issuance of the permit. Section 12.6 Issuance (a)- Local health permits shall be valid for the calendar year in which issued plus thirty days. Each permit shall -4- r i 0 i be prominently posted in plain public view at the-lo- cation or upon the equipment` for which it was issued. Permits shall not be transfe- rable. (b) Permits shall be renewed upon application of-the per= mittee during the first thirty days of each calendar year. Each application for renewal shall be in like form as an original application, but shall have the word "renewal" printed in the lower right -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 The filing of an ap- plication for renewal-of local.heal-th permits shall auto- matically extend the term of the current permit issued for the location enterprise or establishment until the date notice of issuance or denial of a new, permit. Section 12.7 Penalties Any violation of this chapter or of an order of the Health Officer issued hereunder is a misdemeanor punish- able by fine of not less than $25 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-12.1 thru 12.12 of the Petaluma City Code of '1.958 is hereby repealed as o`f.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 any 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 -5- right of the municipality under any section or provision.existing at the time of the passage of this ordinance:. Section 4 . The City Clerk be., and she.is hereby-directed to post /-sh this ordinance for the - period and in,the manner as required by the City Charter. ORDERED POSTED/ this 15th d;ay -of. September ., 1969. AYES: Councilmen Battaglia,`Brainerd, Brunner, Cavanagh, Jr., Joerger Mattei, and Mayor ?utnam. NOES: NONE ABSENT: NONE. Mayor Attest: City Clerk' OFFICE OF COUNTY A®MINDESTRATEIR AUG 28 1969 18 COUNTY OF SONOMA _ AGRICULTURE 2555 MENDOCINO AVENUE CIA MANA101ij F,nous r SANTA R ❑5A, CALIFORNIA RECRE iG ) 954 01 DAVID L. NICH ❑LS C g11F R \ T,FiLEPHONE (707) 527 -2431 COUNTY ADMINISTRATOR August 26 19 Mr. Robell H. Meyer, Cite Manager City of Petaluma Post and English Streets Petaluma, California. 91952 I Dea Mr. Me ye . Attached are copies Board of v'upervisorr., at i It is the county's intent S RTECT: Food Handling Establishment Program of an ordinance adopted by the Sonoma County regular meeting Tuesday, August 19, 1969 to begin immediately with an upgraded food handling establishment inspection program and to implement the charges pecified by the ordinance effective January 1, 1970. The ordinance in its present form is applicable to the unincor- porated area only and it is necessary, therefore, to request that your city adopt, an :identical ordinance in order to apply the program uniformly on a county -wide basis. The Sonoma_ County Public Health Officer will administer the program in its entirety which includes all processing of applications, fee collections, issuance of permits, inspections, etc. Mx. Donald Mc Nay, President, Sonoma County Restaurant and Tavern O-f:ne.r,s Association, and Mr.. John K. Philpott of the I3ay Area Grocers Association, Inc., have indicated their support in principle of the attached ordinance. Sonoma County staff is available to assist with this request. Please contact Gene McAdams of my office if we may be of help Vegy truly ,yours, DAVID L. NIC.HOLS County Administrator. DLN:M:hd att. Cl) �o C13 fit. • l ORDINANCE NO AN ORDINANCE REQUIR LOCAL HEALTH. PERMITS F FOOD HANDLING, ENTERPRISES 'OR . ESTABLISHMENTS -SUB- JECT TO INSPECTION' BY THE :HEALTH OFFICER;, FIXING ANNUAL INSPECTION FEES; PROVIDING PENALTIE-S FOR VIOLATION ;' AND REPEALING ORDINANCE NO, 514 The Board of Supervisors of -the County of Sonoma,, California, does ordain as, follows:, Section 1. Definitions and general (a) Th t, maje may be known as - the -Sonoma 'County Food Industry Ord a _e. (b) The Health 'Officer shall administer and enforce the provisiohs of thts• ordinance in addition to t provisions, of State law herein concerned and the rules d regulations pro mulgp by'the State Departmqnt of Publics Health thereunder. (c) 'In the construction of -this. ordinance, words defined in this section shall have the meaning herein ascribed. "Health Off'qpr:" means the Health officer of Sonoma County,. Calif�orpi or h-J_-s ithor�izedi representative. JD1 Fbo,,d vending vehicle" means "vehicle" as de in .the California Re'tta_uran;t Act , (Hea 1-th- and S.af e t y Code Sec. 28 et :seq). 0/(f ) "Bakery" 'has the meaning defined in the California Bakery Sanitation• Law '(Health and ,Safety Code , Sec. .2'81 et s6q). "Food processing e ltshment" has the meaning F ood S�anit ti�Qn_. Act Safet defined the California F a, (Health and Code Sec., 28280 et sic) , (11) They word,s, and phrases following have the meanings reisp given7 them in, the-def-i-ni sections of the California. Restaurant Act lfx&gtautant.", "�itinerj'ant, restaurant'', "vending machine", 'Tobd or bevera. "Local health permit " means a Permit Issued by the Health,Officer pursuant to this ordinance' to operate an enterprise or es�t.;ab.lishment herein regulated. (D "Person' means any individual, firm, co-parthership corporation or as'socia Section 2., t health, permits (a No person shall operate In the yea oL_S�o5hty - any r.e`staurant, itinerant restaurant, food vending vehicle, vending machine, delicatessen,, bakery, grocery,, market, fp.od or beverage dtiV6-in or s food processing establishment, ior any other enterprise or establishment'; which fold. or 4 ia everae C is offered for sale or sold,, and concerning which the Health Officer is required or permitted by State lain to conduct periodic inspections or to ac-,.t in the enf ordemetit o.f any statute, order, quarantine.,, rule or regulation prescribed - `by State or - by a StAte officer or departrrfent� to public he'al'th,. without - a valid local health permit. Local health permits sha be issued onl y after application therefor to.theHealth Offi investigation by the Health Officer of ,coppilance by the applicant with all applicable atAtutes,,, or,dors,, -quarantiiles, rules or regulations, -and a finding by the Health Offioer that :the appli.cant is' in substantial cop=— p.liAnce with such - IawA,,,, rules and regulAtions and this ordinance. I health per- -Pi s ha ll Applications f og loca s be in ­ a writing On a form approved by the Health Of ficer and signed, - by the -2- information following.' applicant and shall include" `the items of 1,. Name and address .•of th'e app.licant;: 2® Name. .and addres ;s of the estab .shment or enter - prise for which the permit is sought„ i�nclud`Ing, in the case of multiple locations, the names` and' add'r.ess_ 'of each enterprise or e's.tab 1 i shme 3. The ; general. nature of the business of each enterprise or establishment. +. The ni mber ®f persons working in each enter prise or establ i shment ton 'a :representati.v.e day, being the median, number evidenced by social security tax' xe'tur during the pre'cedfng year. 5. The calendar • year for which 'th permit or _ permits ar so ught. 6 °e amount o f inspection fee accompanying the " application: T. The daote of the' applic,ation Each. applicant shall pay, to the Health :officer at the time of filing, of for permit the annual inspection fee, or fees established. by this ,ordinance;° Cte) Each- itinerant r.'es.ta ', each food; vending chicle, each vending machine an,d each separate 1o'ca.t on :o;f busin,esis shall `be deemed a separate, enterprise or es.tabT,ishment for pu of this ordi.narice> Upon' .e.c .,of the ap:plic`atol and fees the .Health Officer' shall investigate the en,terpr,ises or es,tab,lishmen;ts for which 1o ca r health pemits are _sought to determ compliance with this o.rdinanee and with ap_pl.acable S "tate. `lace rules; and' regulations:, - 3- The Health officer shall issue a local health permit to the applicant for each location, enteKpLiqipe or establishment which ts In compliance with said standards. The Health Officer shall not issue a local health permit to the applicant for any location, enter'riseor ps bl compliance with said p a, i,shment. not in pomp a standards, but shall give­the applicant - written notice of de,f icien- cies which preclude issuance of the permit,. , Local, health p ermi ts ' shall be valid for the calendar year in which issue,di - p.L.us th-irty days. Each permi . t shall be promi - nently posted . in �plain_ public View at the location or upon. equipment for 'which it was issued. ' Permits. shall not be transferable. Permits shall. be renewed 'upon applic of the permitee during the firlst, thirty days o, 'each, calendar year, Each application for renewal shall be in like fo'-rm a`s an ori Application, but shall have 'the word printed in the lower right-hand corner 'a,f the, first payge thereofl. Each. application for renewal shall be accompaniod by the fees herelip� fixed.. The ReaIth, Officer shall investigate and issue or d'eni a permit upon receipt of an application for. renewal in like manner as upon an original application. The filing, o.f an application, for renewal of local health permits 'shall ,automatically extend the term of the current permit issued for the lo6atiob ente or! establishment until the date of :notice of issuance or Aenial, of a ne"w -permit. 'The following, are. he _y f ixe d as the annual , T', spection fees for local health permits: L. Each enterprise or establishment other than an itinerant, Testa.-urint, fo,pO vending vehicle or 'Vending machine a. in. which there are one to ten employees $' 00 b. in which there are , ,--e1ev'eh to ninety-nine employees a total fee' lequal to $2..00 per employee. c. o An, which there area one :hundre.d or more .'emplo -vees 2. Each food vending vehicle $20. 3. Each itinerant restaur it $20 00 4. Each food vending machine ­$4.00 5. Each duplicate permit -rep la in.g. a permit previously issued In addition to the foregoing -fees., any applic-ant, who has failed led to file,an application for renewal permit prior to the expiration of the - current permit pay a penalty 11 ten per cent if his apP,lic 'ation is f led,_within thirty days from and after the last date upon which his previous permit was valid and a penalty of, fifty- per cent 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 19.69., Section 3. ',Pen 1 t ie s - � y ( Any violat of this ordinance, or of an order of the Health Offficer issued hereunder is amisdeMeanor punishable by fine of not less than $25.00 nor inore.than $500.00 or by imprisonment in the County j a. il for a term not'.. to exceed 'six months or by both such fine 'and' imprisonment,. Section 4. Constitutionality. if a0y- sec tipn, sub-section, 8,ent*nce, clause, phrase or wo this or.dinanc e �A s f be unconstitutional ,, o r -, or any reason held to _5­ by a court of competept such decision shall not affect the. validity of the remaining portions of this ordinai,ic"e. The Board of Supervisors of the - County -of Sqn.pma-hereby declares that it would have passed and adopted this ;ordinance and each and all of the provisions thereof irrespectiv6 the fact that any - one or more of said provisionis be declared uncon Section 5. Repealer. Ordinance', No,.. 514 of the County of 'Sonoma is repealed as of the leff - ect,lve date ofthig ordinance. Section 6. Publishing and ef fec,t,ivo date This ordinance shpl,l take effect -and be in force at the expiration of 30 days from and after its passage. Before the expiration of 155 days after its p-as sage, this ordinance: shall be published once with the>,naffe members of this Board voting for and against it in a newspaper THE' PRESS DEMOCM of general circulation published in the,"Gounty of Sonoma. In regular session of the Board of :Supervisors of the County of -Sonoma, finally passed - and adopted this 1 9TH da•Y of AUGUST roll call &f_ members by the following vote:. Super,v-sor VELLA Aye Supiex-vi.sor DELONG Aye Supervisor 49RDYKE Aye Supervisor THEILUR Absent -SUPer,yiSOt RUONAVAARA' Aye WHEREUPON, the. Chairman declared, this ordinance duly Chairman" Board of ..Supervisor's County of Sonoma, California -6-