Sec. 14-3. - Definitions.

For the purposes of this article, the words and phrases shall have the meaning respectively ascribed to them by the California Retail Food Code (California Health and Safety Code Section 11370 et seq.) and California Swimming Pool Sanitation laws (California Health and Safety Code Section 116025 et seq.) and accompanying regulations adopted pursuant thereto. In addition thereto, the following words and phrases shall be defined as set forth below:

"Enforcement officer" means the agent, registered environmental health specialist or environmental health specialist trainee authorized by the director of health services, health officer and director of environmental health.

"Department" means the county of Sonoma, department of health services, environmental health division.

"Food facility" means an operation that stores, prepares, packages, serves, vends or otherwise provides food for human consumption at the retail level.

"Nonprofit charitable organization" means either of the following:

(1)

A corporation incorporated pursuant to the Nonprofit Corporation law (Division 2 commencing with Section 5000 of Title 1 of the Corporations Code), that is exempt from taxation pursuant to paragraphs (1) to (10), inclusive, and paragraph (19) of Section 501(c) of the Internal Revenue Code and Section 23701d of the Revenue and Taxation Code.

(2)

An organization that was organized and is in operation for charitable purposes and meets the requirements of Section 214 of the Revenue and Taxation Code.

"Permit" means the document issued by the department that authorizes a person to operate a food facility.

"Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision, or any group or combination acting as a unit.

(Ord. 5763 § 1(d), 2008)

Sec. 14-4. - Food facility permits.

(a)

No Person shall operate in the unincorporated area of the county any food facility or any other enterprise or establishment in which food or beverage is offered for sale or sold, and concerning which the department 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 food facility permit.

(b)

A person proposing to build or remodel a food facility shall submit complete and easily readable plans drawn to scale, including equipment and construction specifications, a menu, and applicable plan check fee to the department for review. Plans shall be approved by the department prior to commencing any new construction or remodeling.

(c)

A food facility permit shall be issued by the department when its inspection has determined that the proposed food facility and its method of operation meet the specifications and conform to the requirements of the California Retail Food Code and this chapter.

(d)

An application for a food facility permit shall be in writing on a form approved by the department, shall include the applicable permit fee, and be signed by the applicant.

(e)

Each application for a fixed food facility must also include the following information:

(1)

Name and address of the applicant; and

(2)

Name, address and assessor's parcel number of the food facility location.

(f)

Each application for a mobile food facility must also include the following information:

(1)

Name and address of the applicant;

(2)

Name of the mobile food business;

(3)

Proof of vehicle registration for the mobile food facility;

(4)

Locations and durations of stops for the mobile food vehicle; and

(5)

Signed letter from the property owner of each location where the mobile food facility stops for longer than one hour, including the following:

(i)

Granting permission for the mobile food facility to conduct business from that location, and

(ii)

Granting permission for the mobile food facility operator and employees to use the fixed facility restroom at that location.

(g)

Each application for a vending machine must also include the following information:

(1)

Name and address of the applicant;

(2)

Name and address of the food vending business;

(3)

Number and type of food product vending machines; and

(4)

Address of placement of each vending machine dispensing any food product other than sealed, ready-to-eat, single service, non-potentially hazardous foods.

(h)

Each applicant at the time of filing the food facility permit application shall submit to the department the annual permit fee(s) as established by the current board of supervisors' fee resolution.

(i)

Each separate location of business shall be deemed a separate enterprise or food facility for purposes of this article.

(j)

Upon receipt of a complete food facility permit application, the department shall investigate the proposed food facility to determine compliance with this chapter and with applicable state laws, rules and regulations.

(k)

The department shall issue a food facility permit to the applicant for any food facility that is in substantial compliance with this chapter and with applicable state laws, rules and regulations. The department shall give the applicant written notice of deficiencies which preclude issuance of the permit. A food facility permit shall be valid only for the person, location and type of food sales or distribution activity approved.

(l)

Local health permits shall be valid until revoked or as conditioned by the enforcement officer. Each permit shall be prominently posted in plain public view at the location or upon the equipment for which it was issued. Permits shall not be transferable upon change of ownership.

(m)

The holder of the valid food facility permit shall make payment to the department on or before the anniversary date as established at the time of permit issuance an annual fee as established by the board of supervisors' resolution. Failure to make such payment shall be considered good cause for permit revocation.

(n)

Any permit that has not been reinstated by the designated anniversary date, due to failure to submit permit fees, shall be deemed delinquent. Permits that continue to remain delinquent will be subject to late fees at intervals of thirty (30) days and sixty (60) days past the anniversary date. The amount assessed shall be included in the fee schedule approved by resolution of the board of supervisors with the annual budget.

(o)

Any temporary food facility operator shall show evidence of payment of the local food facility permit fee herein required prior to exercising concession privileges at any county or local fair or carnival or any other place or community event.

(p)

County departments that contract with nonprofit charitable organizations to provide food services shall pay the pro rata portion of the food facility permit fees for those services. (For example, if a nonprofit charitable organization uses a food facility permit only for county contracted services, the county department shall pay one hundred percent (100%) of the permit fee. If a nonprofit charitable organization uses a food facility permit for many food services, only five percent (5%) of which are county contracted services, the county department shall pay five percent (5%) of the food facility permit fee.)

(Ord. 5763 § 1(d), 2008)

Sec. 14-4.1. - Public pool permits.

(a)

No person shall operate in the unincorporated area of the county any public pool concerning which the enforcement 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 a state officer or department relating to public health, without a valid public pool permit.

(b)

Public pool permits for each location, enterprise or establishment shall be issued only after submission of an application, investigation by the enforcement officer, and a finding by the enforcement officer that the applicant is in substantial compliance with all applicable statutes, orders, quarantines, rules, regulations and this article. The enforcement officer shall give the applicant written notice of deficiencies which preclude issuance of the permit.

(c)

An application for a public pool permit shall be in writing on a form approved by the department, shall be signed by the applicant and shall include the items or information following:

(1)

Name and address of the applicant;

(2)

Name and address of the establishment or enterprise for which the permit is sought;

(3)

Nature of the pool business;

(4)

Whether the pool is operated seasonally or year-round;

(5)

The year for which the permit is sought;

(6)

The amount of inspection fee accompanying the application;

(7)

The date of the application; and

(8)

Whether the application is original or a renewal.

(d)

Each applicant not exempted shall pay to the department at the time of filing of application for permit the annual permit fees established by the board of supervisors. Permits shall not be transferable.

(e)

Any permit, which has not been reissued by the anniversary date, due to failure to submit application and permit fees, shall be deemed delinquent. Any pool permit, which has remained delinquent for thirty (30) days past the anniversary date, shall be subject to a late fee. Additional late fees shall be assessed at sixty (60) days. The amount assessed shall be included in the fee schedule approved by the resolution of the board of supervisors with the annual budget.

(f)

A public pool permit shall expire on the last day of the month of the effective date of the permit in the next succeeding year.

(g)

The enforcement officer shall investigate and issue or deny a renewal in like manner as upon an original application. The payment of the established permit fee prior to the expiration date of the current permit shall automatically extend the term of the current permit until the renewal is issued or denied.

(h)

Permit fees applicable to this article shall be established by resolution of the board of supervisors.

(Ord. 5763 § 1(d), 2008)

Sec. 14-5. - Administration and enforcement.

The health officer shall administer and enforce the provisions of this chapter in addition to the provisions of state law herein concerned and the rules and regulations promulgated by the State Department of Public Health thereunder.

(Ord. 5763 § 1(d), 2008)

Sec. 14-5.1. - Revocation of permits.

(a)

Any permit issued pursuant to this chapter may be suspended or revoked for good cause by the enforcement officer. "Good cause" for the purpose of this section, means a violation of any of the provisions of this chapter, the California Retail Food Code (Health and Safety Code Section 113700 et seq.) or Laws Relating to Swimming Pools (Health and Safety Code Section 116025 et seq), the administrative rules or regulations adopted thereunder, or any condition of such permit.

(b)

The enforcement officer shall issue and serve upon the permittee a notice setting forth in clear and concise language the acts or omissions with which the permittee is charged and informing the permittee of the permittee's rights to a hearing.

(c)

At any time within fifteen (15) day period after service of such notice, the permittee may request a hearing before the department to show cause why the permit should not be suspended or revoked.

(d)

A failure to request a hearing within fifteen (15) days shall be deemed a waiver of a right to such a hearing. The department may call a hearing for the purpose of investigating any violations of this section.

(Ord. 5763 § 1(d), 2008)

Sec. 14-5.2. - Penalties.

(a)

Any food facility found to be operating without a valid food facility permit is subject to closure and a penalty, which may be up to three (3) times the amount of the permit fee as identified in the current fee resolution adopted by the board of supervisors. Penalties shall not be assessed until the food facility operator has received a written notice with an opportunity to comply prior to resuming the operation.

(b)

Any person who violates any provision of the California Retail Food Code (California Health and Safety Code Section 113700 et seq.) and accompanying regulations is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than twenty-five dollars ($25.00) or more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a term not exceeding six (6) months, or by both fine and imprisonment.

(c)

Any person who violates any provision of the swimming pool sanitation laws (California Health and Safety Code Section 116025 et seq.) or the rules and regulations adopted pursuant thereto, is guilty of a misdemeanor, punishable by a fine of not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000.00), or by imprisonment for not more than six (6) months, or both.

(Ord. 5763 § 1(d), 2008)

Sec. 14-5.3. - Special course of study.

If the enforcement officer's inspection of a food facility reveals five (5) or more critical violations, the permit holder may be required to make any or all of the food handlers in the food facility attend a special course of study as established by the department. The cost of such a special course of study shall be borne by the permit holder. This sanction shall be separate and apart from other action as authorized by this chapter or state law.

(Ord. 5763 § 1(d), 2008)