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HomeMy WebLinkAboutTC Ord 1964-07-13 (5) ORDINANOE NO. 19 AN ORDINANCE OF THE CITY OF TIBUROF REGULATING FOOD HANDLING ESTABLISHMENTS Ir THE CITY OF T:tBURON; DEFINING THE SAME; PROVIDING FOR THE ISSUANCE OF CERTIFICATE~ FROM THE HEALTH OFFIOERj PROVIDING FOR THE REVOCATION AND SVSPENSION OF SAID CERTIFICATE~: AND PROVIDING PENALTIES FOR VIOLATION THEREO- The City Council of the City of Tiburon does ordain af follows: Section 1. DEFINITIONS: A. "Food" as referred to in this Ordinance means all articles used for human consumption as food, drink, confectionery, or condiment, whether simple or compound. B. ItFood Establishment" as referred to in this Ordi- nance means any building, room, stand, vehicle, enclosure, place, space, or area where any cooked or uncooked article of food is stored, prepared, manufactured, processed, wrapped, canned, packed, bottled, distributed, served, or displayed, excepting that private dwellings in which food is handled by and for only the occupants of those dwellings and their household guests are not included in this definition. C. "Health Officer" as referred to in this Ordinance means the Health Officer of Marin County, or his authorized representative. D. "Person" as referred to in this Ordinance means an individual, firm, corporation, partnership, club, association, or organization. E. "Employee" as referred to in this Ordinance means any person working in a food establishment, whether with or without pay, who handles food during any phase of its storage, preparation, manufacture, distribution, serving, or display, or who con'~es in contact with food equipment, utensils, or machinery. (The owner of a food establishment, if engaged in food handling, is subject to the same requirements as any other person so engaged) . Section 2. CERTIFICATES: It shall be unlawful for any person to operate any food establishment within the City of Tiburon without a valid certificate issued by the County Health Officer or his authorized representative. Such certificate shall be displayed prominently in the place of business for which it is issued. No certificate to operate such place of business shall be issued until all of the provisions of this Ordinance and of the California Restaurant Act, and all rules and regulations of the State Board of Public Health, have been complied with. Further, no certificate to operate shall be issue0 until there is pre- sented to the County Health Officer satisfactory evidence that all employees of the establishment have had at least minifilni x-rays of the chest within the preceding twelve months and have been found free of any infectious disease in a communicable stage. Such certificate shall expire six months after date of issuance. A certificate is not transferable upon change of ownership of a food establishment. Inspections under this Ordinance shall be based upon pro- ~~"-- vlslons of the California Restaurant Act and on rules anc regulations of the State Board or Public Heal th and su.bseouel',-- modification thereof. A certificate may be suspended by the Heal th Officer J ,.~2- violation of any provision of this Ordinance--but not unt.L after the holder has been 3:iven an opportunity for a hearir _ before the Heal th Officer. After the hearin:- a reasonable tin',;:, shall be allowed by the Health Officer for ~brrection of the violations. During that correctional period the certificate may be suspended and the food establishment may be orderec" closed during the suspension if the Health Officer deems sucL action necessary for the protection of the public health. ln~ suspension shall be lifted if full compliance with sanitar~- requirements is obtained at the end of the time allowed; if c01,.- pliance is not obtained, the certificate shall then be revoke~, Section 2.1. AFTER ISSUANCE: After the issuance of an' certificate hereunder, and during the full life of such cert:i~ ficate, no person shall be employed in such food establishmeni except those whom the Health Officer shall have cleared or approved at the time of such certification, or other personnel who shall have been certificated or approved by him thereafter, but prior to commencing work. Section 3. PENALTIES: Any person who operates a food establishment within the incorporated area of the City of Tiburon without a valid certificate from the County Health Officer is guilty of a misdemeanor. Each offense may be punished by a fine of not less than twenty-five dollars ($25.00) NOR MORE THAN FIVE HUNDRED DOLLARS ($500.00), or by imprison- ment in the County Jail for a term not to exceed six months (6), or by both such fine and imprisonment. Section 4. EFFECTIVE DATE: This Ordinance shall take effect lmmediately as an urgency Ordinance, the facts con- stituting such urGency being that local health regulations, including the foregoing, were suspended by the recent incor- poration of the city and their imnlediate re-enactment is essential for the preservation of the public health) safety and welfare. Within fifteen (15) days of its passage this Ordinance shall be posted in three (3) public places as designated by Council resolution. Section 5. VALIDITY OF ORDINANCE: If an section, sub- section, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such de- cision shall not affect the validity of the remaining portions of the Ordinance. The City Council of the City of Tiburon hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that anyone or more sections, sub- sections, sentences, clauses, or phrases be declared unconsti- tutional. PASSED AND ADOPTED by the City Council of the City of Tiburon at a regular meeting thereof on the 13th day of July , 1964 by the following vote: AYES: Councilmen: Strawbridge, Hoffmire, Ellinwood, Souza, Hannahs NOES: Councilmen: ABSENT: Councilmen: ;>I~ /J. ~ MAYOR OF THE CITY OF IBURON :~~~~,~~ ----..-..-