No person shall sell, offer for sale, barter, trade or give
away any food or beverage and no person shall permit the same to be
done, from any establishment unless such establishment has a valid
public health permit, which permit has not been revoked or suspended.
(Ord. 180, 1990)
A.
Every
person applying for a permit shall file with the health department
a written application which shall set forth the name and address of
the applicant; a description of the premises wherein or whereon it
is proposed to conduct the establishment; the type and nature of the
establishment proposed; and such other information as the board of
health by rule may require.
B.
Every
applicant for a permit shall pay to the health officer the annual
inspection fee established by this chapter at the time of making such
an application.
(Ord. 180, 1990)
A.
Upon
filing of the application and the payment of the required fee, it
shall be the duty of the health officer to investigate the information
contained in the application and the sanitary condition of, in, and
about the establishment, and to determine whether or not such establishment
conforms to the requirements of this chapter, the Uniform Retail Food
Facilities Law, and all applicable city ordinances or regulations.
B.
The
health officer shall grant the permit if such establishment is sanitary
and does conform with such laws and such rules and regulations; otherwise,
he or she shall deny such application.
C.
The
health officer shall send, deliver or give written notice of such
grant or denial to the applicant within five days following such grant
or denial. A permit for which application is made pursuant to this
chapter may be granted at any time during the year.
(Ord. 180, 1990)
A person aggrieved by the denial to him or her of a permit may appeal from such denial to the city council in the manner set forth in Section 8.04.220.
(Ord. 180, 1990)
A permit shall be granted only on the express condition that
it is subject to revocation or suspension upon a showing satisfactory
to the health officer of the violation by the permittee, his or her
employee, servant or agent, or any other person acting with his or
her consent or under his or her authority, of any provision of this
chapter, or the California Uniform Retail Food Facilities Law.
(Ord. 180, 1990)
A separate permit shall be required for each place of business,
concession, or vehicle used by permittee.
(Ord. 180, 1990)
A.
Except
as otherwise specifically provided in this chapter, every person applying
for a permit under the provisions of this chapter shall at the same
time of making application for such permit pay a fee, the exact amount
of which shall be determined by the county and kept on record by the
county department of health services and on file in the office of
the city clerk.
B.
In any
case where the applicant has failed for a period of thirty days to
file the application and obtain the permit required by this chapter,
there shall be added to and collected with the inspection fee a penalty
equal to fifty dollars or an amount equal to fifty percent of the
fee, whichever is less.
C.
In any
case where a fee is sixty days delinquent, a total penalty of one
hundred fifty dollars or one hundred fifty percent of the fee, whichever
is less, shall be added to and collected with the required fee.
D.
The
imposition or payment of the penalty imposed by this section shall
not prevent the imposition of any other penalty prescribed by this
chapter or a criminal prosecution for violation of this chapter.
E.
The
delinquent penalty may be waived by the director in case of error
made by environmental health services staff or when the applicant
has not held a health permit during the past five years, and was unaware
that a health permit was required.
(Ord. 180, 1990)
A.
A permit issued pursuant to this chapter shall expire on the one-year anniversary date of the date of issuance and each permit shall be renewed annually. Application for the renewal shall be made to the health officer. At the time application is made there shall be paid to the health officer the annual fee prescribed by Section 8.04.120, which annual fee is due and payable each year.
(Ord. 180, 1990)
A permit is not transferable for one person or one place to
another and shall be deemed voided if removed from the place or location
specified in the written application and in the permit.
(Ord. 180, 1990)
A.
The
health officer, by regulation, may adopt a score card for the grading
of establishment undergoing inspection. No permit shall be issued
to any establishment scoring less than eighty percent on the score
card. Each establishment shall maintain standards of sanitation and
health sufficient to score eighty percent on the score card at all
times. If upon inspection any establishment shall fail to attain a
score of eighty percent, due written notice shall be served on the
applicant for the permit. The notice shall list the deficiencies and
state that such deficiencies must be corrected within thirty days,
at which time a reinspection will be made. An establishment failing
to comply with the written notice, or failing to attain a score of
eighty percent on the reinspection, shall immediately close and remain
closed until a score of at least eighty percent is achieved on a reinspection
by the department.
B.
The
health officer shall issue an alphabetical grade card to each restaurant
inspected, which grade card shall be displayed at all times while
the restaurant is open to the public. Restaurants scoring ninety percent
or more on the score card shall receive an "A" grade card; those scoring
eighty to eighty-nine and one-half percent shall receive a "B" score
card; those scoring below eighty percent shall receive a "C" score
card.
(Ord. 180, 1990)
The provisions of the San Diego County Code of Regulatory Ordinances
concerning permanent and mobile food facilities, at Title 6, Division
1 of the County Code, are incorporated into this code by reference.
(Ord. 412 § 1, 2012)
All persons and businesses required to obtain a health-related
permit or related service from the county of San Diego, department
of environmental health (DEH) pursuant to this code shall pay the
county the fee established in the County Code for that permit or service,
including delinquent payment fees.
(Ord. 412 § 2, 2012)
Every health permit and/or alphabetical grade card issued shall
be kept posted in a conspicuous place in the establishment for which
the permit is issued. The health officer shall prescribe the location
in or on the establishment where such permit shall be kept posted.
Alphabetical grade cards shall be posted in the front window of the
establishment so as to clearly visible to patrons entering the establishment,
or in a display case mounted on the outside of the front door, or
in a display case mounted on the outside front wall of the establishment
within five feet of the front door, or in some other location clearly
visible to patrons entering the establishment which has been approved
by the health officer. The alphabetical grade card shall be protected
from damage by weather conditions and shall not be defaced, marred,
or camouflaged or hidden so as to prevent the general public from
observing it.
(Ord. 180, 1990)
A.
Fruits, vegetables and produce produced on property where an approval has been issued may be sold on-site consistent with Section 17.24.060(D)(4) and applicable county food handling regulations.
B.
Such fruits, vegetables or produce may be displayed on and sold from an open stand located on the property on which they are grown, provided such open stand is maintained in a clean, sanitary manner. Such open stand located on the property on which such fruits, vegetables and produce are grown may be maintained as a part of an establishment for which a permit has been issued pursuant to Section 8.04.080 or as a separate stand for which a permit has been issued pursuant to this section. Cider may be displayed and sold at such open stand.
(Ord. 180, 1990; Ord. 422, 2014)
In the isolated or rural districts where running water, electricity
or other modern conveniences are not available, a special permit may
be issued if in the opinion of the health officer such is advisable
and is consistent with the preservation of the public health and safety.
All such special permits shall be revocable for any cause which affects
the public health and safety.
(Ord. 180, 1990)
The director of public health shall order that a director of public health shall order that a hearing be held, with him or herself as hearing officer, to determine whether or not the health permit of an establishment should be suspended or revoked whenever it appears to him or her, by reason of either citizen complaint or health department investigation, that the holder of such permit or his employee, servant or agent, or any person acting with his consent or under his authority, has or may have violated any provision of this chapter or any relevant requirement established or provided by law. Any hearing pursuant to this section and any order of suspension or revocation resulting therefrom is supplemental to and shall not bar or foreclose subsequent proceedings against such person initiated pursuant to Sections 1.12.010 and 1.12.020 of this code.
(Ord. 180, 1990)
Upon the determination that a hearing be held pursuant to Section 8.04.190 the health officer shall immediately send to the permittee a notice of hearing, which shall provide substantially as follows:
|
NOTICE OF HEARING
|
|
To: (name and address of permittee)
|
|
Notice is hereby given that on______ the Director of Public
Health of San Diego County (insert "and of the City of ——
if appropriate) ordered that a hearing be held on (date and hour)
at (place of hearing) to determine whether or not Health Permit No.
——, issued to you for the establishment known as ________
should be suspended or revoked.
|
|
The actions or inactions complained of are as follows: (set
forth actions or inactions and dates of such, and the code sections,
statutes, or regulations violated).
|
|
Be prepared to present evidence and witnesses on your behalf
at this hearing if you so desire. You may be represented by legal
counsel. Your failure to appear will not prevent the issuance of an
order of suspension or revocation should such order appear justified
by the evidence presented.
|
(Ord. 180, 1990)
The following rules and procedures shall govern hearings held
pursuant to this chapter:
A.
Hearing
Officer; Disqualification of Director of Public Health. The director
of public health shall be the hearing officer. Upon the disqualification
of the director of public health to act as hearing officer, either
on his own motion or that of the permittee acceded in by the director,
any member of the board of health may act as hearing officer. The
sole grounds for disqualification are financial interest, bias or
prejudice. Prior knowledge of facts alone does not constitute bias
or prejudice.
B.
Time.
The hearing date shall be no less than ten and no more than thirty
days following the date on which notice thereof was sent to the permittee.
C.
Continuance.
The hearing officer may order such continuance or continuances as
he deems necessary and proper.
D.
Transcript
of Hearing. The city is not required to furnish a shorthand reporter
or any other method of reporting and hearing; the permittee may furnish
such at his sole and nonreimbursable cost and expense if he so desires.
E.
Waiver
of Irregularities. Any procedural or evidentiary irregularities in
the hearing are deemed to be waived unless objection is taken thereto
and a specific ruling requested thereon.
F.
Findings. Specific findings, including a finding that the public health, safety and welfare are subject to a clear and present danger, may be made but are not required. If specific findings are not made the hearing officer shall make a general finding that the actions or inactions complained of, as set forth in the notice of hearing, are true or untrue, and that such actions or inactions do or do not constitute a violation of the conditions set forth in Section 8.04.100.
G.
Decision and Order. If the hearing officer finds that the actions or inactions complained of are untrue he shall order that the proceedings are dismissed. If the hearing officer finds that the actions or inactions complained of are true, and that a violation as aforesaid has occurred, he shall order either that the permit be suspended for a period not to exceed six months or that the permit be revoked. The decision and order of the hearing officer shall be final unless an appeal is taken pursuant to Section 8.04.220.
H.
Modification or Rescission of Order of Suspension. If the hearing officer orders that the permit be suspended for a certain period, the permittee may subsequently petition for the modification or rescission of the order of suspension and the reinstatement of the permit. The hearing officer, in his discretion, may grant or deny the petition; or he may grant the petition subject to the condition of the imposition of a probationary period, during which period any violation by the permittee of the condition set forth in Section 8.04.100 is grounds for summary suspension of the permit for the remainder of the period established by the original order of suspension, and is also grounds for the institution of new proceedings for suspension or revocation of the permit. The order of the hearing officer with respect to such petition is final, and no administrative appeal shall lie therefrom.
I.
Probation.
1.
If
the hearing officer orders that the permit be suspended or revoked,
he may, in the interests of justice and equity, further order that
the order of suspension or revocation be stayed and the permittee
be placed on probation for a period not to exceed three years. The
hearing officer may grant probation on such conditions as he deems
to be fair and reasonable. If the permittee is dissatisfied with the
order of probation, or with the conditions thereof, he may reject
the offer of probation in which event the order of suspension or revocation
shall become final; if the permittee is satisfied with the order of
probation he shall indicate such assent, and his agreement to be bound
by the terms thereof, by affixing his signature thereto.
2.
Upon
the charge by the health officer of the violation by the permittee
of a condition of probation, a hearing shall be held pursuant to this
section, limited to the issue of whether or not such condition was
in fact breached. If it is found that the condition was breached,
the original order of suspension or revocation shall be forthwith
enforced, and probation in the same matter shall not be granted again.
3.
Upon the petition of the permittee for termination of probation and release from the conditions thereof, the rules and procedures established by subsection H of this section shall apply; except, that the hearing officer shall either grant or deny such petition and shall not impose any condition or such grant or denial.
(Ord. 180, 1990)
Any permittee aggrieved by the decision or the order of the
hearing officer or by the denial of an application for a health permit
may, within fifteen days of the date of the written announcement of
the decision and order of the denial, appeal to city council. Such
appeal shall be effected by depositing in the office of the city clerk
within said fifteen days a notice of appeal which sets forth the notice
of hearing and the decision and order of the hearing officer. The
clerk shall present the notice of appeal to the city council at their
next regular meeting, at which time the council shall set the matter
for hearing de novo at the earliest date possible in light of its
regular business.
(Ord. 180, 1990)
The following rules and procedures shall govern appeals pursuant
to this chapter:
A.
Effect
of Appeal. Upon the filing of the notice of appeal, the order of the
hearing officer shall be stayed unless the hearing officer has found
that the public health, safety and welfare are threatened, in which
case the director of public health shall make order or orders as are
necessary to safeguard the public health, safety and welfare. If the
permittee agrees and writing to comply with such order or orders of
the hearing officer shall in that case also be stayed; otherwise it
shall not be stayed.
B.
Hearing
De Novo. The city council shall hold a hearing de novo at which time
the health officer and the permittee may offer any and all relevant
evidence, whether or not such evidence was before the hearing officer,
and may make oral arguments. The city council is not bound or limited
in any way by the evidence before the hearing officer, although it
may consider such evidence, or by the rulings, findings, decision
or order of the hearing officer.
C.
Application of Hearing Rules and Procedures. The provisions of subsections C through I of Section 8.04.210 conducted pursuant to this section; provided, that in the hearings conducted pursuant to this section of the city council shall exercise the powers given to the hearing officer by said subsections of Section 8.08.210; and, further provided, that the decision and order of the city council shall be final for all purposes.
(Ord. 180, 1980)
