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Home My WebLink About07{ t J ORDINANCE NO. 7 AN ORDINANCE PRESCRIBING RULES AND REGULATIONS PERTAINING TO THE OPERATION OF RESTAURANTS AND FOOD ESTABLISHMENTS. BE IT ORDAINED BY THE TOWN COUNCIL OF TOWN OF LOS ALTOS HILLS, STATE OF CALIFORNIA: ARTICLE 1. DEFINITIONS "Food" includes all articles used for food, drink con- fectionary, or condiment, whether simple or compound, and all sub- stances and ingredients used in the preparation thereof. "Restaurant" means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunch room or cafeteria, labor and construction camp kitchens and dining rooms, public boarding house, club, and any other eating or drinking establishment which sells or offers for sale food to the public, as well as kitchens, boa lunch establish- ment, catering services, barbecue pits in which food or drink is prepared on the remises for sale or distribution elsewhere. The term "restaurant as used in this ordinance shall also include all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors. - "Food Establishment" shall mean and include any public or private market, shop, store, delicatessen, candy factory, store- house, warehouse, cold storage plant, or other plant, or other place, not a public eating or drinking establishment in or about which any food, foodstuffs or provisions are kept, held, sold, pre- pared, or compounded, or offered for sale for human consumption. Such establishments will specifically include but shall not be restricted to: grocery stores and warehouse; candy and confectioners' plants or stores; bakeries; bottling works; food and condiment packers; fruit and vegetable stands; markets or other premises where meat or meat food products, sausage, fish, dressed poultry, rabbit or game are kepti stored, handled, manufactured or offered for sale; ice stations; all food processing or cannery plants of any type. "Utensils" includes kitebenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles used in pro- cessing, storage, distribution or serving of food or drink. "Health Officer" shall mean the Santa Clara County Health Officer, his assistants, or authorized deputies acting as health officer of the Town of Los Altos Hills. ARTICLE 2. SECTION 1. It shall be unlawful for any person, firm or corporation to operate or conduct a restaurant or food establish- ment or to sell, offer for sale, distribute or have in possession for sale or distribution any food or drink intended for human con- sumption in the Town of Los Altos Hills, State of California, unless possessing a permit to do so from the Health Officer and paying the permit fee required to be paid by this ordinance. No permit shall be required of any food processing, cannery or other food establishment licensed by the California State Department of Health, by the Bureau of Meat Inspection of the California State Department of Agriculture, or by the Meat Inspection Division of the United States Department of Agriculture. SECTION 2. Application for such permit shall be made in writing to the Health Officer. The Health Officer shall, upon re- ceipt of such application, make or cause to be made, an examination of the premises for which such permit is requested. If, upon examination, the Health Officer, his assistant or his duly authorized representative shall find such premises and the equipment therein to be in accordance with the laws of the State of California, the requirements of this ordinance, and the rules and regulations of the Health Officer and not otherwise, the Health Officer shall issue a revocable permit for the conduct of such business. Such permit shall be issued annually for the calendar year and shall not be transferable. Renewal of permits shall be applied for and acted upon in the same manner. SECTION -a. The permit fee for conducting a restaurant or food este ent shall be $10.00 per annum, and shall be payable upon the first day of January of each year. SECTION . The Health Officer is hereby empowered to deny or withhold a permit for which an application has been made, if, in his judgment, the building, premises, equipment, apparatus or reasonable facilities for the establishing, maintaining, conducting or operating the business or institution for which a permit is re- quested, is or are insufficient, unfit or incapable of being used, maintained,. or established to comply with this or any other ordinance of the Town of Los Altos Hills, or the rules and regulations of the Health Officer or laws of the State of Cdifornia. If any such permit shall be denied, suspended or revoked by the Health Officer, it shall be unlawful during the period of such denial, revocation or suspension for any person to sell or traffic in any food or drink products in the Town of Los Altos Hills at such establishment. SECTION 5. The Health Officer may suspend or revoke any permit authorized by this ordinance whenever he finds that the holder of such a permit fails or refuses to comply with the laws of the State of California, this ordinance, or any rules and regulations of the Health Officer. SECTION 6. Permits for any restaurant or food establish- ment within the Town of Los Altos Hills shall not be transferable., Every person who shall sell, exchange, give away, abandon, or dis- continue any such restaurant or food establishment within the Town of Los Altos Hills and every person who shall purchase or otherwise acquire any such restaurant or food establishment within the Town of Los Altos Hills shall immediately notify the Health Officer, his assistant or his duly authorized representative, as to the fact thereof. SECTION 7. The Health Officer is hereby authorized to make such additional rules and regulations as may be necessary to secure the proper sanitation of all restaurants or food establish- ments and for the proper and orderly administration of this ordi- nance. SECTION 8. The presence, in or about the place of business of any person dealing in food, or in or about any vehicle used by any such person for the delivery of the same, of any food, shall be prima facie evidence of intent on the part of such person to sell the same and of the fact that he is holding or offering the same for sale. - 2 - SECTION 9. The Health Officer, his assistant and his duly authorized representative, are hereby authorized end directed to seize and destroy or denaturize any tainted, diseased, decayed or partially decayed, or unwholesome meat, fish, shellfish, fowl, fruits, vegetables, or.other unwholesome food found within the Town of Los Altos Hills. SECTION 10. It shall be unlawful for any person, firm or corporation, or agent or employee of any person, firm or corpo- ration, to sell, offer for sale, distribute or have in possession for sale or distribution in the Town of Los Altos Hills, the flesh of any cattle, horse, sheep, lamb, swine, or goat, unless the same bears on each primal part thereof the "Inspected and Passed" stamp of an establishment operating under Federal inspection, State in- spection or approved municipal inspection. SECTION 11. It shall be unlawful for any person, firm or corporation, or agent or employee of any person, firm or corpo- ration, to sell, offer for sale, distribute or have in possession for sale or distribution in the Town of Los Altos Hills any sausage or other meat food product unless the same has been manufactured or prepared in accordance with the laws of the State of California. SECTION 12. This a^dinance is for the protection of the public health, safety, and welfare, and its provisions are to be liberally construed to obtain the beneficial purposes thereof. The invalidity of any article, section, paragraph, sentence or clause of this ordinance shall not invalidate any other article, section, paragraph, sentence or clause of this ordinance. The Town Council hereby declares that it would have passed this ordinance, and each article, section, paragraph, sentence and clause thereof, irrespec- tive of the fact that any article, section, paragraph, sentence, or clause thereof be declared invalid. SECTION 13. Any, person, firm, or corporation, or agent or employee of any person, firm or corporation, who violates any provision of this ordinance, or any rules and regulations made here- under, shall be builty of a misdemeanor, End upon conviction thereof shall be punished by a fine of not less then twenty-five dollars (25.00) nor more than five hundred dollars (500.00), or by imprison- ment for not more than six (6) months, or by both such fine and im- prisonment. SECTION 14. This ordinance is hereby declared to be an urgency measure and necessary for the iime diate preservation of the public health and safety, and shall take effect and be in force forth- with from and after its final passage and approval. PASSED AND ADOPTED by the Town Council of the Town of Los Altos Hills, this 14th day of February , 1956, by the following vote: AYES: Councilmen Bledsoe, Dungan, Fowles Rothwell, Mayor Treat NOES: None ABSENT: None ATTEST: or ,�( y Clerk 3 j