Sec. 11-28. - Required; exemptions.

(a)

It shall be unlawful for any person to operate, within the unincorporated area of the county, any business in which food is prepared, sold or served for public consumption upon the premises or elsewhere, or any food processing or manufacturing plant, or any store, vehicle, vessel or facility for the sale, storage or retail or wholesale distribution of foods or beverages, without first applying for and receiving a food vending permit for such operation issued by the health department under the provisions of this article.

(b)

The places of business for which such food vending permits are required shall include, but shall not be limited to, restaurants, cafes, lunch counters, cafeterias, soda fountains, ice cream parlors, soft drink stands, fruit and vegetable stands, groceries, meat markets, bakeries, popcorn or peanut stands, bottling plants, wholesale warehouses, food vending vehicles and vessels, and businesses which service food vending machines located in the county regardless of the location of the facilities from which such vending machines are serviced.

(c)

This article shall not apply to cigar stands or other places of business or vehicles where no food of any kind is sold, other than candy, or soft drinks received and sold in sealed containers, nor to vehicles engaged in the delivery of food products to wholesale or retail establishments for resale.

(d)

This article shall not apply to churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages, or which receive donations of food, food products, or beverages, for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fund-raising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products, or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full time to care for or operate equipment used in such arrangement.

(Ord. No. 283, § 2 (a—c), 4-4-67; Ord. No. 364, § 1, 6-17-75)

Sec. 11-29. - Application.

Every applicant for a food vending permit shall file with the health department a written application which shall state the name and address of the applicant, the location of the food handling business, the character of the business which is proposed to be conducted and such other information as the health department may require.

(Ord. No. 283, § 2(d), 4-4-67)

Sec. 11-30. - Conditions to issuance.

(a)

No food vending permit shall be granted, renewed or reinstated unless the health department determines, upon making an investigation, that the place of business for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist on the premises which are, or which may be unsafe, unsanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public.

(b)

No food vending permit shall be granted, renewed or reinstated unless the health department determines that the condition of the premises is in accordance with the requirements of all applicable provisions of the state Health and Safety Code, of this article, and of all rules and regulations promulgated under section 11-21, and that said premises are capable of being operated in accordance with such laws and regulations.

(Ord. No. 283, § 2(e, f), 4-4-67)

Sec. 11-31. - Term; posting.

Food vending permits may be granted at any time during the year, and shall expire one year from date of issuance. Each permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued.

(Ord. No. 283, § 2(g), 4-4-67)

Sec. 11-32. - Fee.

The fee for a food vending permit under this article may be established by resolution or order of the board of supervisors.

(Ord. No. 283,§ 2(h), 4-4-67; Ord. No. 401, § 2, 5-20-80)

Sec. 11-33. - Suspension—Causes.

A permit issued under this article may be suspended, under the procedure set forth in sections 11-34 through 11-38, for any of the following reasons:

(1)

Violation of state law,

(2)

Violation of this article,

(3)

Violation of the rules and regulations adopted pursuant to section 11-21, or

(4)

Upon a recommendation for revocation of the permit, pending a hearing thereon.

(Ord. No. 283, § 6, 4-4-67)

Sec. 11-34. - Same—After notice to correct violation; contents of notice.

When any of the aforesaid laws, this article, or rules and regulations have been violated an inspector may serve written notice thereof entitled "notice of violation," specifying:

(1)

The acts and conditions constituting each violation.

(2)

The provision or provisions violated thereby.

(3)

The corrective steps required.

(4)

The date by which all such corrections must be completed allowing a reasonable period therefor.

(5)

That the permittee has a right to a hearing, upon request, and

(6)

That if no hearing is requested, and if the health department does not receive notice that all such corrections have been made before the hour of 9:00 a.m. of the date named under (4) above, the permit will be suspended from that time until such violations are corrected.

(Ord. No. 283, § 7, 4-4-67)

Sec. 11-35. - Same—Right to hearing; follow-through action on notice.

The permit holder shall have the right to a hearing, on all violations listed in the notice. The permit shall, however, be suspended unless the department receives from the permit holder, before the hour of 9:00 a.m. of the date specified under section 11-34(4), a written or oral request for a hearing, or notice that all violations have been corrected as specified.

(Ord. No. 283, § 8, 4-4-67)

Sec. 11-36. - Same—Hearing officer.

The hearing shall be held by the health officer or his duly authorized representative who is a qualified sanitarian as defined in section 540 of the State Health and Safety Code and registered as provided in Section 542 thereof, but shall not be the inspector who reported the violations or who inspected any corrective measures taken.

(Ord. No. 283, § 8, 4-4-67)

Sec. 11-37. - Same—Issuance of order by hearing officer.

The person conducting the hearing shall make a written order as to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall either:

(1)

Suspend the permit until it is corrected, or

(2)

Extend the time or modify the measures to be taken for correction before suspension, or

(3)

Declare that the violation has been corrected so as to comply with the applicable law, or

(4)

Declare that there was no violation.

(Ord. No. 283, § 8, 4-4-67)

Sec. 11-38. - Same—For denying entry.

It shall be a violation of this article for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the premises described in sections 11-28 through 11-32 or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the premises.

(Ord. No. 283, § 10, 4-4-67)

Sec. 11-39. - Same—Summary; notice; hearing authorized.

Whenever an inspector finds any unsanitary or other condition in the operation of any food establishment which, in his judgment, constitutes an immediate and substantial hazard to the public health, he shall issue a written notice to the permit holder or person in charge of the premises as provided in section 11-34 above, except that instead of the matter specified under (6), it shall state that the permit is immediately suspended and shall set forth the substance of the following sentence. Any person to whom such an order is issued shall immediately comply therewith; but, upon request made to the inspector who orders the suspension, or to the health officer or his authorized representative, either personally or by telephone or in writing, he shall be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request.

(Ord. No. 283, § 11, 4-4-67)

Sec. 11-40. - Revocation—Causes; suspension pending.

If there shall have been three or more notices of violation issued within the 12-month period immediately preceding the current violation as to the premises in question as provided in section 11-34, and not overruled upon hearing, the order of the person conducting the hearing, or, if no hearing is held, of the inspector, who is responsible for the third such notice, shall recommend to the health officer whether or not the permit shall be revoked as provided below. If it is so recommended, the permit may be ordered suspended forthwith, by the health officer, pending the hearing on such proposed revocation.

(Ord. No. 283, § 9, 4-4-67)

Sec. 11-41. - Same—Justification for official action.

Upon such a recommendation for revocation by the person conducting the hearing, the permit in question may be revoked by the health officer after hearing, upon his finding that such violations were serious enough and showed such lack of responsibility towards the public health as to require such revocation to protect the public health.

(Ord. No. 283, § 9, 4-4-67)