HomeMy WebLinkAbout2491O~dinan.ce '. ~ . 94A1
A~~~~ ORDINANCE A~~ENDING CHAPTER 18A ~~' THE BUTTE
COiTNTY CODE RELATTVE TO PUBL~C HEALTH PERMZTS
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The Board of St~.perva.sors of ~he Couizty of Bu~~e, State of
Cali~ornia, DO ORDA~N, as follows:
Sec~ion 1, That Chapter 18A o~ the Butte County Cade is
hereby amended ~o read as ~o1lo~rs:
PLTEI.fZC FiF'AL'~.'H I'E~r~lT'~'
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Sec. 18A-~. Title. This Chapter may be known and may
be ca.ted and ref_erre~. to as the ~ubla.c Health Permit Ordinan.ce
o~ the County o.f Be~tte.
Sec. 18A-2. ~utho~ity. Thi~ Chapter is enactecl
pursuant to authorit~r confcrred by Sections ~76 and 51.D o~ ~he.
Health and 5a~ety Co~.e o~ the State of Califo~nia.
Sec. 18Z~-3. ~'inclings. The ~aard o~ Sup~rviso~s of the
Co~.nty of Ii~-t-~e hereby determines pur5uan~t -to Sectaon 510 of the
F~ealth and S~.fe~y Code of. the S~ate af California -tha~ the
expenses o~ -~he Heal~h ~f_~icer of this Coun~y in ~the enforceMent
of statutes, o~ders, c~uarantz.nes, rules or rcc~u~.a-~a.ons prescribed
by State Officers or departments ~el.a~ing ta the public heal.~h
which either recruire or au~horzz~ the Hea~th O.ffic~r of ~h~s
County to per:~o~m spec~.~ied acts, are not met by any fees
prescribed by the State.
,Sec. 1~A--4. Purpose. It is the purpose of this
ordinance to autharize the presc~iption af_ such fees as will pay
~he reasonable ~xp~nses of_ the H~a~.th Of.ficer incur~ed in such
enforc~znent as ta the establish~nents, businesses, or activz~ies
Lor which a Pu}~1ic Heal~h Permit ~.s required by ~his Chapter.
Sec. 1f3A-5. Cit~es. The pravisions of this Chapter
shall app~y G~a~thin any city in the County when the Gaverninc~
~3oa~d ther_eo~ consen-~s to County health ac~ministration f~r that
city pursua~it to ~ectzon 47G of the Health and Safety Code o~'
the State of California; and the schedule o~ fee$ authox~3zed by
this Chapter shall be appl.~ca.ble ~n ~he area ~n which the Health
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4fficer of this Count1 en~arces any s~atute, order, auarantine,
ru~e or requlation prescr~bed by a S~ate Health O~ficer or
depar~ment relating to public hea~th.
Sec. lBA-6. Sco~~ and Defiriiti~ns. For the purpose
o~ ~his chap~er, unl~ss the provision o~ the con~e~t indicates
other~eise, ~he ~e~ms and wo~ds used shall have the meaning se~
~o~~h in the provisions of the California Uniform Retai~ Food
Facilities Law comz~encing with 5ectian 275Z0 af the Health and
Sa.fety Code.
Sec. 1.8A-7. P~rmits Required. No person shall operate
ar maintain: any o~ the following establ.ishments, businesses, or
activitics withou~ a valid Public Health Permit ~o dn so issued
bv the Hea1~h O~.ficer:
(a} Food ~stabl.ish.ment;
{b) Food Facilities,
(~} T~mporary Food Facil~.ties,
(d) P~oduce Stands;
~e) C~rtified ~azmers ?~arket;
(~) Mobile E'ood P~eparation. Unit;
(q) Satellit~ Food Distribution Facilities;
{h) Vendin.g T~achine; , :
(i} Foad V~hicle.
Sec. 1gA--S . Appl~.cation f_or Perznit. An_y pe~son
reauy~'ed to apply ~or and obtain a F~~mit under the nrovisions o.f
this Chapter shall complete and sub~it to the Health O~ficer an
application ~or such Per3ni.t on ~orrns p~o~rided for the purpose
.~3_
1 by ~he Health Officer, toae~her with a~~ reguired fees and plans.
2 The applican~ may no~ enaage in the buisness or activi~y applied
3 ~ar unti~ the Perm~t has been issued.
4 Sec. 18A-9. ~ssuance or Denial of Fermit, If the
~ HeaZth O~~ice~ finds that the applicant is in compliance with the
g s~andards speci~ied by ~his Chapter and by the app~icable State
q laws and re~ulations, the fiealth Of~icer sha11 issue the Pub~ic
g Health Per~it, z~ he finds that the applicant has not complied
g iaith the standards speci~ied by this Chap~e~ and by the applicab~e
10 State laws, ~he H~a~~h Of_f_icer shall deny ~he Permit.
1~ Sec. l~A-10. Approva~ of Plans by Heal~h Off_ice~
1~ Be~oxe Issuance o~ Bui~ding permit. The building department
13 havinq jurisdiction over the ar~a where the proposed establi~hmen~
~~ lzsted in S~ction 18A~7 wi~l be ~ocated shall noti~y ~he Heal~h
~~ O~ficer c~hen p~ans to build or remodel such an es~abli5hmen~ are
18 received. A buildinq permit shall not be issu~d unt~l the Nealth
17 Of~icer has app~oved the plans. The plans sha1~ be approved ~r re
lg jected with~~.tw~nty:{~0) wo~king days af~er ~eceipt by th"e Health
~9 O~'~icer and the applicant sha~~. be notified a.f such decision.
20 Sec. 1~A-11. Tees. Each applicat~.on sha~1 be accom-
21 panied by t11~ ~ees prescribed by r~so~ution o~ the Board af
22 Supervi5ors. No Public Heal.th ~'ermit shall be granted or rene~red
2~ unl.ess the ap~~..icant pa~rs said fees. Said fees sha~.l in no
24 event exceed the actual cost ~o ~he Coun~y to conduct the
2g services rer~u~.red to sa~isfy the requiremcn.~s of this Chap~er
2$ for issuance of PubJ.ic Health permits. Fees for ~ermits far
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Faod.Establishments, Fa~d Faci~iti~s, Produce S~ands, Certified
Farmers P~arkets, Sate~~i~e ~ood Dis~ribution ~acilities, and Food
Veh~cles, inclusive, which wi~l be in effect for only part o~ a
cal.endar year sha~.I. bc~ p~ora-ted on a quaxter-of-the-year basis.
5ec. 13A-12, '~erm of Per~iits. The term o:~ a Public
Health Pc~rmi~t, o~h~r than a Permit issued :~o~ a lizni-~ed terM,
shall beqin ti~ith i~s issuance and, un~ess sooner suspended o~
revaked, continue through Dec~mber 31 a~'~the year ~or which the
Permit was issued.
5~c. 18A-1.3. Renewal. o~ Pe~its. ~ach Perm~.t shall
be renewed upon payment ~.f the fee prescribed in accordance wi-~h
Section 18A-11 0~ this Cliap~er, unless soonE~ suspended o~
revoked. Thc r~newal fee is due and owing the County o~ Bu-~te
at the offices of the Publac Heal~h Departmen-~ by December 31.
Sec. 18A-1n. Late P,enewal ?~enalty. Any permit which
ceases to be valid after December 31 ot ~he year following its
issuance shall be renewed ancl reinsta-~ed by January 31, b_y
aayment o~ a pena~.ty ~ee equal ~o ane half o~ the annua~. Permit
~ee in addition to the reqular annual. Penni~ fee pro~rided ~or a.n
Sectian 18A-17..
Sec. ~.8.A--15. Prior Operation. Any person who is
engaged in ~the operation or ~naintenance o~ an establishment,
business, or activi~y listed in Sec~.ion I8A-7 a~ the time th~.s
Chapter becomc~s e£~ective shall app~.y ~or a Permit on a form
p~ovided by the Health ~J~ficer within sixty {60? ~ays ~ollowing
the ef.fective da~e o~ this Chapter. The Health Of~icer sha~l
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~ran~ o~ deny each such application withzn one hundred ~wenty
(~20) days after xeceipt of the applicatian. Thereaf~er, it
sha~l be unlaw~ul ~or any person to continue to opera~e such
establishment, business, o~ activity wi~hout having a Permit as
provided ~n this Chapter. Not~aithstanding the provisions of
Section 1SA-11 for ProratinR fees, a11 Permits issued under this
Section sha11 no~ be pro~ated.
5ec. 13A-16. Conditional Issuance of Permit. Any
person who is engaged in such p~iox operation as is described in
Sectio~ 1~A-15, and who canno~, within one hundred twenty (120)
days, mee~ a~~ the P~ovisions of ~his Chapt~~ and of ap~licable
StatE l.aws and rectulatians, may be issued a Perznit by the: Heal.~h
Of~icer unde~ ~he prova.sions of this Chanter with s~ecif~c
conditions to be zne~ and terms by ~ahich such canditions sha.~l be
met in arder to bring said opera-~ion. into compl~.ance. The
pc~rmittee shall be given Grritten notice in clear and concise
1.anguac~e of the conditions and terr*ts of his Permit. The 1.is~.ing
o~ deficienci.es as conditions o~ a Perrai't, o~ ~he issuing of
a Per~it w~.thout conditions, sha11 not preclude the requirement
o.f correc~.ion by the permittee of any d~ficiencies which may be
di5covered subsequent3.v.
Sec. 1.8A-17. Publ.a.c Health Pe~mit Non-Txansfer~able.
~ub~ic Health Permits issued unde~ ~.he provisa.ons of this Chapter
shall not be ~trans~erred, assie~ned, or se~ aver by the p~rmi.ttee
to any o~her person or entity. A13. Public Hea~.th Permits sha1~.
refer to an.d be limited -~o the establishment, business, or
_ ~, _
~ activ~ty applied far. ?~ such estab~ishment, business, or
2 activ~ty ~s conducted upon a particular site, location or addr~ss,
3 such Perr~it shall not be transferrable to any o~her s~te, 1oca~ion
4 or add~ess. The permi~~ee shal~ notify the Health O~.ficer
~ be.fore any change in ownership is to be made or any change,
g alte~a~ion, or mod~~ication is made in the operation, th~
7 equipment, or the bui~ding of any such establishmen~, business,
$ or activ~ty.
g Sec. 18A-18. Pasting o~ Dermit. AlI Public FIea~th
10 Permi~s shall b~ posted on the premises of the establis7unen~,
~1 bus~ness, or activity in a conspicuous place in public view.
12 ~ec. 13A-~9. Suspension or Revoca~ion o.f Perr.~it;
Z3 "Good Cause" Defined; Servic~ o~ Notice: Hearing. Any Permit
14 issued pursuan~ to this Chapter may be suspenaed or revoked ~or
15 ~aod cau~e by th~ Nea~th Of~icer. "Gaod cause,~~ fOr the purpose
~6 of this section, means a violatian of any of the provisions of
17 this Chapter, o~ applicable State laws and xegulations, or any
~8 condition o~ such Permit. The H~a1~h Off_icer shall issue and
19 serve upon the Pexmittee a notice setting fo~th in clear and
20 concise language the acts or omissions ~or which the Permit may
2~ be suspended o~ revaked and inf_orming him of h~s rights to a
2~ hea~ing. At any time ~ithin the fif_teen {15) day pe~iod a~ter
23 S~~~icE of such notice, the perm~tte~ may re~uest in writinq a
24 hearing be~ore the Health Officer to show cause why his nermit
~g shou~d nat b~ suspended ar r~voked. ~ failure to reque~~ a
2~ hearing w~thin ~i~teen {~5) da_ys shall be deemed a waiver o~ a
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right to such a hearing. The T3ealth O~ficer may ca~l a hearing
~or the purpase of investigating any violations of ~his Chapter.
Tize Board o~ Supervisors sha1~ appoin~ an independent hearing
aff~ce~ wha sha~l conduc~ the hearing and make recommendations
to ~he Heal~h O~~icer. ~he ~Iea~th Officer shall act on the `
~ar~tten recammendations o~ th~ hearing officer.
Sec. ~8A-20, Apn~icable Standards. 5tandards for the
issuance, suspension, and revocatxon of a P~b~ic Health Permit
shall consist of any State s~atute, or o~ any other quarantine
ru~e o~ re~ulation prESC~~bed by a State officer or department,
relating to Public Health, or by this Chap~er, and in particular
the provisions o~ tfie California Uni~orm Retail Food Fac~li~ies
Law coznmencing with Section 2750~ o~ the Heal~h and Safe~_y Code.
Sec. 1$A-21. V~olations: Penal~ies. Any person
viola~ing any af_ the provis~ons o~ this Chap~er sha~1 be guilty
o~ a misdemeanor and, upon conviction thereo~, shall be punished
by a~ine o~ not Iess than Twent_y--Five Dai1~.~s {$25.00) nor ~ore
than One '~hausand ~o1~.ars {51,000.00) or imprisonmen-~ in the
Couz~tv Jai1. ~'oz not mare than six (5) mon~hs, or by both such
fine and imprisonment. Such per5on shall be deemed guilty o~ a
separa-te of.fens~ ~or each and every day during a po~tian of wh~.ch
a viola~ion of this Chapte~ is committed, continued, or p~rzrii~t~d
by such person.
Sec. 1.$A-22. Violations: Nuisance and Abater[-ent. The
op~~a~ian of any businc~ss ar activity that is listed in this
Chapte~, in violation of the provisions and standards of this
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Chap~er is hereby de~er~ined to constitute a public nuisance.
The main~enance and operation o~ any such business or ac~ivity
declared to b~ a pub~~c nuisance may be aba~ed in any manner
provided for by law,
Sec. 18A-23. Vending Machine ar Vehicle Identi~icat'ion.
(a) ~ach vending machine shall hav~ a~~ixed thereon,
in an accessi~le place, an identifica~ion plate made of durable
mate~ial setting forth the model numbe~ or symbol of the machine
and the seria~ numbe~ identifyinq each machine.
(b} In addition, there sha~~ be affixed to each
ve~ding machine or ~ood veh~.c~e a decal or o~he~ a~dentification
tag furnished by the Health Officer indicating ~hat ~he requir~d
Public Health Permit fee has been pa~d for the cuzren~ year.
i
Section 2, This ardinance ~s hereby and it a~s declared '
to be iz~. ~ull force anc~ ef£ect ~~om azzd a~~er ~hirty (30) days I
af_ter the date of i~s passage, and before the e~.pira~ion of
f_if.teen (7.5) days after its ~assage, ~his ordinance sha11 be
~ubYish~d once with ~he naraes a£ the r~e~bers o~ the Eoaxd o~
i
Supervisors vo~ting for and a~ainst it in ~he Ent~rori se '~
Recprd , a newspaper publ.zshed in the Coun.ty o~ Bu~te, I
S~a~~ o~ California.
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PASSED AND ADOPTED by the Board of Supervisors of the
Coun~Cy of Bu~~e, S~Ca~Ce o~ Galifornia, on the ~ s~ day of
October , 1985, by the £o1low~ng vote:
AYE S: Supervisars Dolan, McInturf, McLaugh~in, Whee~er and
Chairman F~Tton
NOES : None
ABSENT : f~ane
NOT VOTING : None i
tte County Soard of Supe~visors
AT~EST:
A1AP.T~N J. NICHOLS, Chie~ Administra~ive
Officer and Clerk of the Baard
~y _ ~ . ,- ~~
_1~_