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HomeMy WebLinkAboutOrd 384-1956[~,!un. File !,To. 525] OF.D I~AI~CE NO. 384 AN Oi~INA~ nF THZ CITY 9F SgUT}~ SAN Fi~A).CI~Cq EEGU~.TING FOOD ESTADLISH~NTS IN SAID CITY, PROVIDING FOi{ TI~ IESUAN~ OF PZE~.{ITS, S~CIFYING ~ES~ ESTAELISHING PENALTIES, A~ EE~ALING O?DINAN~ NO. 71 of SAID CITY ~F SOUTH SAN F ~ ,~ ~T~T~ The City Council o~ ~he City o~ South S~n Francisco does ordain as ~ollows: Sectio~ 1. ~efiniiions. For the purpose of this ordinance, ~he ~ol!owin~ definitions shall be applicable: a. "Food 2st~blishment" sh~ll include all res~aurs~s~ fish ma~ke~s or stands; fruit markets or stands; ve~elable marke~s stands; meat m~rka~s; horsemea~ marke~s sellin~ horsemea~ intended ~or human consumption; poultry m~rkets or stands; ~rocery stores; delicatessens; food, drink, or con~ection vendin~ vehicles; food, drink, or confection vendin~ machines or apparatuses; and all other re~ai! food establishments or devices ~her~ food, 5rink, or con- fections ~re sold or offered ~or sale ~o the public, whether such establishments ~re permanent, mobile, or temporary. "Food Establishment" shall no~ inc!u~e or be construed lo mean es~ablishme~ manufacturing, processing, p~ck~in~, or s~o~in~ food o~ d~ink, or the delivery vehicles ~he~eo~, no~ en~a~ed in or o~e~i~ for sate such food or d~in!: to members of the public. b. "Health O~ficer" means the Direclo~ o~ .~blic Health an~ Wel~s. re o~ San M~eo County, o~ his du]_y au~horize~ ~epresenta~ive. c. "Health Departmenl" sh~ll mean the San ~;lateo County Depar~men~ o~ ~blic Health and Welfare, ~vhich departme~ has hereto- ~o~e been. duly authorized ns the Health Department of the City South S~n Francisco. d. "Zonin~ Sland~rds" re,ers to all ordinances and zonin~ regulations of the City of South San Francisco. e. "Euilding Standards" refers to the standards specified in all building codes and regulations of the City of South San Francisco which are enforced by the South San .Francisco Building Department. f. "Restaurant" means any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, confectionery, catering service, and any other eating or drinking establishment which sells or offers for sale food or drink to the public, and regardless of whether such food or drink is for con- sumption on or off the premises. g. "Vending Vehicle" shall mean any vehicle from which food or drink is sold or.offered for sale to the public, but shall not include delivery vehicles used to transport food or drint~ from a store having a valid food permit to a customer's home or a vehicle transporting food or drinl~ from a wholesale establishment to a retail outlet. h. "Vending ~achine" shall mean any coin-operated mechznical device from which food or drink is dispensed, or offered for sale to members of the public. Section 2. Compliance. It shall be unlawful for any person, firm, or corporation at a~y time to open, operate, or engage in the business of operating a food establishme]~t in the City of South San Francisco without fully complying with al! the terms and provisions of this ordinance and without, in particular, possessing and dis- playing a valid, subsisting permit issued by the ~ea!th Department pursuant to the terms of this ordinance. Section 3. Lpplication for Permit. a. Any per.son, firm, or corporation desiring to open a food establishment after the effective date of this ordinance shall apply in writing for a permit to the Health Department, and shall obtain a permit before engaging in business. b. Any person, firm, or corporation which is engaged in the operation of a food establishment at the time this ordinance becomes effective shall apply for a permit in writing to the Health Depart- ment within sixty (60) days following the effective date of this ordinance. The Health Department shall grant or deny each applica- tion within one hundred twenty (120) days after receipt of the application. Thereafter, it shall be unlawful for any person, firm, or corporation to continue to operate such food establishment with- out having at all times a valid, subsisting permit, as heredn provided. Section 4. Issuance of Permit. a. If after investigation it is determined that the food establishment complies with the requirements of local zoning and building requirements, and with the requirements of this ordinance and all State laws applicable to food establishments, and after pay- ment of the annual fees hereinafter specified, a permit~ valid for the calendar year involved, shall be issued by the I!ealth Department. b. ~11 permits or classification cards, issued under, or pursuant to, the provisions of this ordina~ce must be posted on the premises of the business in a conspicuous place at all times. c. Permits are not transferable from one business or location to another, or from one person, firm, or corporation to another. d. No notice or classification card posted by the Health Officer shall be removed without the special approval of the Health Officer. Section 5. Fees. a. Permit fees shall be charged as hereinafter provided in order to defray the cost of the inspections required and for the enforcement of this ordinance. b. The fees to be paid each calendar year in connection with the issuance of any permit required by this Ordinance for each food estab!J, shment shall, be as follows: Restaurants (except taverns, catering services, and bars) Seating capacity of I to 20 ........ . . $ 5.00 Seating capacity of 21 to 50 .... . .... 7.50 Seating capacity of over 50 .......... 1C.0O Taverns, bars, or other drinking establishments Seating capacity of i to 5 .......... 5.00 Seating capacity of 6 to 20 ......... 7.50 Seating capacity over 20 ........... 10.00 (Each 30 inches of lineal length of bar or counter shall be considered as one seat) Cat'ering Service 5 00 Delicatessen .................. 5.00 Fish Market or Stand ......... · .... 5.00 Food, Drink, or Confection Vending Machines, each ......... · ..... 1.00 Grocery Store ................. 5.00 Horsemeat Market .... . ..... . . . . . . 5.00 Meat Market .................. 5.00 Poultry Market ....... . ......... 5.00 Vegetable Market or Stand... ......... 5.00 Fruit Market or Stand . . . . .... . .... 5.00 Food, Drink, or Confection Vending Vehicles . . . . ............. 5.00 Food Establishment in ~,~ublic Schools ...... No fee Food Establishments not specifically listed . . 5.00 c. No owner or proprietor having complete control of a food establishment, as defined herein, shall be required to have more tha~ one permit for the operation of each place of business, provided, however, that owners or operators of food, drink, or confectionery vending machines not otherwise conducting a food establishment; as herein defined, shall pay One Dollar (~l.00) for each such vending machine (but not to exceed, as a total vending machine fee, ~the sum of Five Dollars (:)5.00)), and provided, further, that where more than one permit fee is applicable the higher, or highest, permit fee shall be the fee assessed. d. New food establishments opening on or after July 1,.of any particular year, shall pay one-half of the specified fee for the remainder of that calendar year. Section 6. £tandards. ' a. Animals: No live animal, fowl, rodent, or animal pets shall be kept or allowed in any food establishment where food or beverage is stored, displayed, prepared, or served, e::cept that this section shall not apply to "seeing-eye dogs being used by the bl~nd. At least two signs to this effect (on white cards and bearing appropriate words in black lettering at least one and one-half inches (l-l/2") in height) shall be posted in different conspicuous places at each food establishment. b. Minimum Ceilings: No ceiling height in any food establishment shall be less than eight (8) feet from the floor. c. Refrigeration: All feed'in food establishments that is potential media for growth of bacteria, or is otherwise subject to spoilage by reason of lac~.~ of refrigeration, must be hept under refrigeration all duriog the time it remains irt said food establish- ment. d. Sterilization: Sterilizing agents and compatible-type detergents, as approved by the Health Department, must be used in all establishments requiring washing a~d sterilization, of equipment. The conce~tration of these agents and detergents to be used must be ' " I such as is approved by the Health Department. eo Trash i~&cilities: ~'~11 trash shall be stored in en- closures so as to prokibit its being scattered over the ground. Such enclosures shall be of suitable design and construction and must be maintained in ~ reasonably clea~': and sanitary condition at all times. f. ~%~ashing Facilities: ~11 restaura~-~ts shall have a three- compartment sink for the purpose of performing proper washing, rinsing, and sterilization of dishes, glasses, and all cooking and other equipment. ~Ii other food establishments requiring washing facilitates shall have at least a two-compartment sink. g. Floors: i,'loors shall be of cement, tile laid in cement, vitrified brick, or other non-absorbent material. Section 7. Exceptions. This ordinance in no way applies to ~n owner or operator of a farm or ranch ~ho erects or maintains a stand on his farm or ranch for the sale of fruits and vegetables only, so long as proper buil(~ing, zoning, and sanitary regulations are observed. Sectio~ 8. ..ule.:~ and ?.egulations. ~he Healtk Department Js authorized to establish 2nd enforce appropr~ate rules' and regula- tions ~n order to ac~mJ.n~.ster a~:~d carry out the purposes of th~ orc]inance anti al! ~tate ].a%vs applicable to food establishme~ts. Section 9 Penalty. ' .... ~ ~ '~ which . ~,n~ food estab!~s._me.,t fails to apply promptly for a permit, as required by Section g hereof, or any such establishment which shall fail to apply for a renewal of permit by January 20 of each year will be penalized i~~ an amou~t equal to fifty percent (50~) of tt~e renu!ar permit fee, which amount sba!l be in addition to the specified fee~, as set forth in SectJ~on S' of this ordinance. 5ection lC. Suspension and Levocation. If any person, firm, or corporation holding a permit issued hereunder shall violate any of the provisions of this ordinance, any ~tate laws applicable to food establishments, or a:%y of the rules and regulations established by the }[ealth Department pursuant to the power hereinbefore conferred in that regard, and if such permit holder shall not, w~thin a reason- able time thereafter, discontinue the violation or eliminate the same, by promptly taking proper corrective or remedial steps, then the f[ealth nfficer may suspend or, in an aggravated case, revoke the permit. In the case of a suspension, the maximum period for a first violation shall be thirty (30) days, and ninety (90) days for a second or any subsequent violation. A suspension or revocation shall be effected by delivering to the offending permit holder a written notice to that effect, or, in lieu thereof, by forwarding such %~itten notice by way of certified mail addressed to the permit holder at his pla. ce of business. A permit holder who objects to, or feels dissatisff, ed with, the action of the Health Officer in suspending or revoking his permit may appeal to the City Council, as in the next section provided. Section !1. ~%ppeat. Any person, firm, or corporation who or which shall feel aggrieved as a result of the enforcement of any of the provisions of this ordinance may take an appeal, in writing, to the City Council; provided, however, that any such appeal, in order to qualify the aggrieved for a hearing before said City Council, shall be filed with the City Cler!q not less than ninety (90) days after the date of the occurrence of the act, or acts, forming the basis for the aggrievement. The City Council shall, within thirty (30) days after the filing of the appeal, set the matter for hearing, and shall, prior to the expiration of thirty (30) days following the conclusion of the hearing, render its decision in writing. If any such appeal shall not be taken timely, as in this paragraph required, that fact alone shall constitute sufficient reason for the City Council to deny the same. Section 12. Severability. If any section, subsection, sub- division, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or otherwise inval].d, such decision shall not affect the validity of the remaining portions of · is ordinance. The City Council hereby declares that it would have passed this ordinance, and each section, subsection, subdivision, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 12. ~epeal. The following ordinance, and any and all other ordinances or parts of other ordinances in conflict herewith, are hereby repealed: Ordinance Mo. 71 entitled: "An Ordinance Establishing Sanitary Regulations in the City of South San Francisco in Ail Places ]%~ere Human Food is Manufactured, r~roduced, Kept, and Sold, and in Motels, Restaurants, Boarding Houses, Ice C~eam Parlors, Soda Fountains, Saloons, Pars, Cigar Stands, and Barber Shops, and Providing PenaltJes for Violation", which ordJ. nance was adopted by ~e Board of Trustees of the City of South San Francisco on the 2d day of September 191~. Section 14. Violations. ~kny person, persons, or corporation who or which shall violate any provisions of this ordinance shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than Twenty-five Dollars ($25.00) nor more than Five Hundred Dollars ($500.00), or by imprisonment for a period not exceeding ninety (90) days, or by both such fine and imprisonment. 8 Section 15. Non-suspension of Sentence or Fine. No sentence or fine imposed hereunder may be suspended. Section 16. Effective Date. This ordinance shall be published once as required by law and shall take effect and be in force following the expiration of thirty (30) days from and after its adoption. Introduced this 6th day of F~ru~y 1956. Passed and adopted as an ordinance of the City of South San Francisco at a regular meeting of the City council of t~e City~0~.Puth ~an Francisco this 20th day of February,, 1956, by the following vote: AYES, COUNCIL},~N Andrew Rocca, Francis Lucchio, Emilio Cortesi, Richard Gamlen, Telford Smith NOES, " None ABSENT, " None APPROVED: ? ~" %ia~o~ of th~'~.;i'ty-o-f-South / Francisco ATTEST: