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Ordinance No. 4080
AN ORDINANCE OF THE COUNTY OF BUTTE
AMENDING CHAPTER 18A, ENTITLED "PUBLIC
HEALTH PERMIT," OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1: Chapter 18A is amended to read as follows:
Chapter 18A PUBLIC HEALTH PERMIT
Sections:
18A-1 Title.
18A-2 Authority.
18A-3 Findings.
18A-4 Purpose.
18A-5 Cities.
18A-6 Scope and definitions.
18A-7 Permits required.
18A-8 Application for permit.
18A-9 Issuance or denial of permit.
18A-10 Approval of plans by Enforcement Agency before issuance
of building permit.
18A-11 Fees.
18A-12 Term of permits.
18A-13 Renewal of permits.
18A-14 Late renewal penalty.
18A-15 Prior operation.
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118A-16 Conditional issuance of
t.
18A-17 Public health permit nontransferable.
18A-18 Postina of permit.
18A-19 Enforcement
118A-1 Title.
This chapter may be known and may be cited and referred to
as the Public Health Permit Ordinance of the County of Butte.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-2 Authority.
This chapter is enacted pursuant to authority conferred by
sections 113713 and 113715 of the Health and Safety Code of the
State of California.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-3 Findings.
The board of supervisors of the County of Butte hereby
determines, pursuant to section 101325 of the Health and Safety
Code of the State of California, that the expenses of the
Enforcement Agency of this county incurred in the enforcement of
statutes, orders, quarantines, rules or regulations prescribed
by state officers or departments relating to the public health,
which either require or authorize the Enforcement Agency of this
county to perform specified acts, are not met by any fees
prescribed by the state.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-4 Purpose.
It is the purpose of this chapter to authorize the
prescription of such fees as will pay the reasonable expenses of
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Ithe Enforcement Agency incurred in such enforcement as to the
establishments, businesses or activities for which a public
health permit is required by this chapter.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
118A-5 Cities.
The provisions of this chapter shall apply within any city
in the county when the governing board thereof consents to
county health administration for that city pursuant to section
101375 of the Health and Safety Code of the State of California;
and the schedule of fees authorized by this chapter shall be
applicable in the area in which the Enforcement Agency of this
county enforces any statute, order, quarantine, rule or
regulation prescribed by a state health officer or department
relating to public health.
(Ord. No. 2265, d 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-6 Scope and definitions.
For the purpose of this chapter, unless the provisions or
the context indicates otherwise, the terms and words used herein
shall have the meanings set forth in the provisions of the
California Retail Food Code, set forth in California Health and
Safety section 113700 et. seq.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
118A-7 Permits required.
No person shall operate or maintain any of the following
establishments, businesses or activities without a valid public
health permit to do so issued by the Enforcement Agency:
(a) Food establishment;
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(b) Food facilities;
(c) Temporary food facilities;
(d) Produce stands;
(c) Certified farmers market;
(e) Mobile food preparation unit;
(f) Satellite food distribution facilities;
(g) Vending machine;
(h) Food vehicle.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-8 Application for permit.
Any person required to apply for and obtain a permit under
the provisions of this chapter shall complete and submit to the
Enforcement Agency an application for such permit on forms
provided for that purpose by the Enforcement Agency, together
with all required fees and plans. The applicant may not engage
in the business or activity applied for until the permit has
been issued.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-9 Issuance or denial of permit.
If the Enforcement Agency finds that the applicant is in
compliance with the standards specified by this chapter and by
the applicable state laws and regulations, the Enforcement
Agency shall issue the public health permit. If the Enforcement
Agency finds that the applicant has not complied with the
standards specified by this chapter and by the applicable state
laws and regulations, the Enforcement Agency shall deny the
permit.
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(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-10 Approval of plans by Enforcement Agency before issuance
of building permit.
The building department having jurisdiction over the area
where the proposed establishment listed in Section 18A-7 of this
Chapter will be located shall notify the Enforcement Agency when
plans to build or remodel such an establishment are received. A
building permit shall not be issued until the Enforcement Agency
has approved the plans. The plans shall be approved or rejected
within twenty (20) working days after receipt by the Enforcement
Agency, and the applicant shall be notified of such decision.
(Ord. No. 2265, 5 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-11 Fees.
Each application shall be accompanied by the fees
prescribed by ordinance of the board of supervisors. No public
health permit shall be granted or renewed unless the applicant
pays said fees. Said fees shall in no event exceed the actual
cost to the county to conduct the services required to satisfy
the requirements of this chapter for issuance of public health
permits.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, 1, 10-1-85; Ord.
No. 2707-G, § 1, 9-20-88)
Cross reference—Fees for services rendered by public health
department, Ch. 43
18A-12 Term of permits.
The term of a public health permit, other than a permit
issued for a limited term, shall begin with its issuance and,
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unless sooner suspended or revoked, continue through December 31
of the year for which the permit was issued.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-13 Renewal of permits.
Each permit shall be renewed upon payment of the fee
prescribed in accordance with_ section 18A-11 of this chapter,
unless sooner suspended or revoked. The renewal fee is due and
owing the County of Butte at the offices of the public health
department by December 31.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-14 Late renewal penalty.
If the renewal fee is not paid prior to January 31, in
addition to such fee, the applicant shall pay a late charge
equal to ten (10) percent of the fee, if the fee and the late
charge are paid prior to February 28. Fees paid after February
28 shall pay a late charge equal to fifty (50) percent of the
renewal fee in addition to the renewal fee.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85; Ord.
No. 2707-G, § 2, 9-20-88)
18A-15 Prior operation.
Any person who is engaged in the operation or maintenance
of an establishment, business or activity listed in section 18A-
7 at the time this chapter becomes effective shall apply for a
permit on a form provided by the Enforcement Agency within sixty
(60) days following the effective date of this chapter. The
Enforcement Agency shall grant or deny each such application
within one hundred twenty (120) days after receipt of the
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application. Thereafter, it shall be unlawful for any person to
continue to operate such establishment, business or activity
without having a permit as provided in this chapter.
Notwithstanding the provision of section 18A-11 for prorating
fees, all permits issued under this section shall not be
prorated.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-16 Conditional issuance of permit.
Any person who is engaged in such prior operation as is
described in section 18-15, and who cannot, within one hundred
twenty (120) days, meet all the provisions of this chapter and
of applicable state laws and regulations, may be issued a permit
by the Enforcement Agency under the provisions of this chapter
with specific conditions to be met and terms by which such
conditions shall be met in order to bring said operation into
compliance. The permittee shall be given written notice in clear
and concise language of the conditions and terms of his permit.
The listing of any deficiencies as conditions of a permit, or
the issuing of a permit without conditions, shall not preclude
the requirement of correction by the permittee of any
deficiencies which may be discovered subsequently.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
1BA-17 Public health permit nontransferable.
Public health permits issued under the provisions of this
chapter shall not be transferred, assigned or set over by the
permittee to any other person or entity. All public health
permits shall refer to and be limited to the establishment,
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business or activity applied for. If such establishment,
business or activity is conducted upon a particular site,
location or address, such permit shall not be transferable to
any other site, location or address. The permittee shall notify
the Enforcement Agency before any change in ownership is to be
made or any change, alteration or modification is made in the
operation, the equipment or the building of any such
establishment, business or activity.
(Ord. No. 2265, § 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-18 Posting of permit.
All public health permits shall be posted on the premises
of the establishment, business or activity in a conspicuous
place
in
public
view.
(Ord.
No.
2265,
§ 1, 1-26-82; Ord. No. 2491, § 1, 10-1-85)
18A-19 Enforcement.
(a) Any permit holder who violates a provision of the
Retail Food Code (California Health and Safety Code section
113700 et seg.), or any provision of this Chapter, or
Chapter 18B of the Butte County Code, may have his or her
public health permit suspended or revoked by the
Enforcement Agency in accordance with the procedure set
forth in the Retail Food Code.
(b) Any permit holder who operates or maintains an
establishment, business or activity listed in Section 18A-7
of this Chapter without a permit, or with a permit that has
been suspended or revoked, may be charged with an
infraction punishable by imposition of the following fines:
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1. Upon a first conviction, a fine of one hundred
dollars ($100.00);
2. Upon a second conviction of violating Section 18A-7
of this Chapter within the twelve (12) month period
immediately preceding the commission of the current
violation, a fine of two hundred dollars ($200.00);
3. Upon a third conviction of violating Section 18A-7
of this Chapter within a twelve (12) month period
immediately preceding the commission of the current
violation, a fine of five hundred dollars ($500.00).
(c) Each and every day or portion thereof that a permit
holder continues to operate or maintain an establishment,
business or activity without a permit shall constitute a
separate offense and may be charged and punished separately
without awaiting conviction of any prior violation.
(d) Any violation which may be otherwise charged and
punishable as an infraction pursuant to Subsection (a) of
this section may be charged and punishable as a misdemeanor
if the defendant has been convicted of three (3) or more
violations within the previous twelve (12) month period.
(e) Any establishment, business or activity listed in
Section 18A-7 of this Chapter that operates in violation of
the provisions of this Chapter is hereby determined to
constitute a public nuisance, and may be abated in any
manner provided for by law.
Section 2. Severability.
If any provision of this Ordinance or the application
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Ithereof to any person or circumstances is for any reason held to
be invalid by a court of competent jurisdiction, such provision
shall be deemed severable, and the invalidity thereof shall not
affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid
provision or application thereof.
Section 3. Effective Date and Publication.
This Ordinance shall take effect thirty (30) days after
date of its passage. The Clerk of the Board of Supervisors
authorized and directed to publish this ordinance before
expiration of fifteen (15) days after its passage. Thi
Ordinance shall be published once, with the names of the member
of the Board of Supervisors voting for and against it, in th
Enterprise Record, a newspaper of general circulation publi
in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County o
Butte, State of California, on the 6th day of May, 2014, by th
following vote:
(AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES: None
ABSENT: None
NOT VOTING: None
Doug Teeter,Chair of the
Butte County Board of Supervisors
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ATTEST:
Pau
Chi
and
By
Dep
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