The city council enacts the regulations and standards set forth in this chapter, under the authority of Section 27503 of the California Uniform Retail Food Facilities Law, and finds that they are more strict than those of the California Uniform Retail Food Facilities Law. The city council adopts the Food Sanitation Act and the Current Good Manufacturing Practices for city wholesale food manufacturers because businesses are not regulated by the California Uniform Retail Food Facilities Law. The health officer shall enforce the provisions of this chapter as well as the California Uniform Retail Food Facilities Law, and the Food Sanitation Act and the Good Manufacturing Practices Regulations.
(Ord. 180, 1990)
Any word or phrase used in this chapter and not defined in this chapter shall be given the meaning established for such word or phrase by the California Uniform Retail Food Facilities Law or, if not there defined, the common and ordinary meaning required by the context in which it is issued. Whenever in this chapter the following terms are used they shall have the meanings ascribed to them in this section:
"Approve," "approved" or "approval"
means the approval of the health officer, or the State Department of Public Health, as a result of tests or investigations or by reason of accepted principles of public health and sanitation.
"California Uniform Retail Food Facilities Law"
means Chapter 4 of Division 22 of the Health and Safety Code of the State of California.
"Establishment"
means any restaurant; itinerant restaurant; food vending vehicle; vending machine, other than a vending machine which dispenses wrapped non-perishable solid foods or which dispenses bottled or canned liquid foods or beverages other than milk, ice cream, milk products or other perishable foods or beverages, or which exclusively dispenses peanuts, wrapped candy, chewing gum or ice; grocery; food market; meat or fish market; bakery; confectionery; delicatessen; food or potable liquid packaging or bottling plant; plant or room used to prepare any food or beverage product whatsoever that is dispensed by machine, whether or not such food or beverage product is perishable and whether or not such a dispensing machine is a "vending machine" as defined in the California Uniform Retail Food Facilities Law; temporary or permanent food or beverage concession; package liquor store; or any other place in the city where food or beverages are prepared for sale, sold, stored, distributed or displayed for sale.
"Establishment"
does not include a wholesale delivery truck used exclusively to transport previously inspected and packaged, canned or bottled foods or beverages, or any combination thereof, and does not include a retail delivery truck used exclusively to transport previously inspected and packaged, canned or bottled milk, water or groceries, or any combination thereof.
"Establishment"
does include any wholesale or retail delivery truck transporting any food or beverage product other than or in addition to the aforementioned types of products.
"Food or beverage"
means "food," as defined in Section 27519 of the California Health and Safety Code. "Restaurant" for grade card posting purposes means any coffee shop, cafeteria, short-order café, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment organization, club, including veterans club, boarding house, guest house, or political subdivision, which gives, sells, or offers for sale, food to the public, guests, patrons, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. The term "restaurant" does not include itinerant restaurants, vending machines, vehicles or cooperative arrangements by employees who purchase food or beverage for their own consumption.
"Food vending vehicle"
means any vehicle as defined in Section 670 of the Vehicle Code, or any mobile unit however propelled, upon or from which any food or beverage is vended, displayed or given away.
"Health officer"
means the director of public health and any regularly appointed sanitarian or employee of the department of public health.
"Perishable"
means, with respect to food and beverage products, those products which support or are conducive to the growth of pathogenic microorganisms; perishable food and beverage products include, but are not limited to, fresh, cured, prepared or packaged meat or meat products, seafood or seafood products, custard and/or cream pies and pastries, wrapped or unwrapped sandwiches, salads, and mild or milk products.
"Permit"
means the public health permit.
"Provided by law"
means authorized or required by this code, the rules of the board of health, the California Restaurant Act and other applicable state laws, and the rules or regulations of the state department or public health.
"Retail delivery truck"
means any vehicle used for the transportation of food or beverage products which is not a wholesale delivery truck as defined in this section, and includes a vehicle used to service vending machines.
"Wholesale delivery truck"
means a vehicle that delivers food or beverage products from a producer or distributor to a consumer, retailer or wholesaler pursuant to orders therefor previously obtained; wholesale delivery truck does not include a vehicle from which selling is done directly by a driver, salesman or other person.
(Ord. 180, 1990)
It is unlawful for any person to do any act prohibited in this chapter; to maintain any establishment contrary to the provisions of this chapter; or to sell, offer for sale, barter, trade or give away any food or beverage, or permit the same to be done, without complying with the requirements provided by law in connection therewith.
(Ord. 180, 1990)
A. 
Any establishment or activity which is found by the health officer to be unsanitary or a menace to the public health or which is in violation of this chapter or of the California Uniform Retail Food Facilities Law is declared to be a public nuisance. The health officer is authorized and empowered to take such action as is necessary to abate the nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety, the health officer is authorized and empowered to summarily abate such nuisance by any reasonable means; otherwise, the health officer shall inaugurate proceedings in accordance with Section 1.12.010 of this code or shall seek a court order abating the nuisance. Nothing contained in this code shall be deemed to limit the right and duty of the health officer to take immediate action in the interests of the public health, safety and welfare. The remedies authorized by this section are not exclusive, but are cumulative to other remedies provided by law.
(Ord. 180, 1990)
The health officer is authorized and empowered to enforce the provisions of this chapter and to inspect such activities as are regulated in this chapter for the purpose of determining the health conditions of such activities. No person shall obstruct or interfere with the health officer in the performance of these duties. The health officer shall be empowered to make arrests and issue citations pursuant to the Penal Code Sections 836.5 and 853.6 for violations of this chapter.
(Ord. 180, 1990)