HomeMy WebLinkAboutOrd 0823ORDINANCE NO. 823
AN ORDINANCE OF THE CITY OF BURLINGAME REGULATING
FOOD ESTABLISHMENTS IN SAID CITY, PROVIDING FOR
THE ISSUANCE OF PERMITS, SPECIFYING FEES, ESTABLISH-
ING PENALTIES AND REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH
The City Council of the City of Burlingame does ordain as
follows:
Section 1. Definitions. For the purpose of this ordinance,
the following definitions shall be applicable:
a. "Food Establishment" shall include all restaurants;
fish markets or stands; fruit markets or stands; vegetable market:
or stands; meat markets; horsemeat markets selling horsemeat
intended for human consumption; poultry markets or stands; grocer
stores; delicatessens; food, drink, or confection vending vehicle:
food, drink, or confection vending machines or apparatuses; and
all ether retail food establishments or devices where food, drink,
or confections are sold or offered for sale to the public, whether
such establishments are permanent, mobile, or temporary. "Food
Establishment" shall not include or be construed to mean any
establishment manufacturing, processing, packaging, or storing
food or drink, or the delivery vehicles thereof, not engaged in
selling or offering for sale such food or drink to members of the
public.
b. "Health Officer" means the Director of Public Health
and Welfare of San Mateo County, or his duly authorized
representative.
. c. "Health Department" shall mean the San Mateo County
Department of Public Health and Welfare, vdnich department has
heretofore been duly authorized as the Health Department of the
City of Burlingame.
d. "Zoning Standards" refers to all ordinances and zoning
regulations of the City of Burlingame.
e. "Building Standards" refers to the standards specified
in all building codes and regulations of the City of Burlingame
which are enforced by the Burlingame Building Department.
f. "Restaurant" means any coffee shop, cafeteria, short
order cafe, luncheonette, tavern, bar, sandwich stand, soda
fountain, confectionery, catering service, and any other eating
or drinking establishment which sells or offers for sale food or
drink to the public, and regardless of whether such food or drink
is for consumption on or off the premises.
g. "Vending Vehicle" shall mean any vehicle from which foo
or drink is sold or offered for sale to the public, but shall not
include delivery vehicles used to transport food or drink from a
store having a valid food permit to a customer's home or a vehicle
transporting food or drink from a wholesale establishment to a
retail outlet.
h. Vending Machine" shall mean any coin-operated mechanica
device from which food or drink is dispensed, or offered for sale
to members of the public.
Section 2. Compliance. It shall be unlawful for any persoi
firm, or corporation at any time to open, operate, or engage in th
siness of operating a food establishment in the City of
rlingame without fully complying with all the terms and ero-
sions of this ordinance and without, in particular, possessing
d displaying a valid, subsisting permit issued by the Health
partment pursuant to the terms of this ordinance.
Section 3. Application for Permit.
a. Any person, firm, or corporation desiring to open a f
2.
establishment after the effective date of this ordinance shall app
in writing for a permit to the Health Department, and shall obtain
a permit before engaging in business.
b. Any person, firm, or corporation which is engaged in th
operation of a food establishment at the time this ordinance be-
comes effective shall apply for a permit in writing to the Health
Department within sixty (60) days following the effective date of
this ordinance. The Health Department shall grant or deny each
application within one hundred twenty (120) days after receipt of
the application. Thereafter, it shall be unlawful for any person,
firm, or corporation to continue to operate such food establishmen
without having at all times a valid, subsisting permit, as herein
provided.
Section 4. Issuance of Permit.
a. If after investigation it is determined that the food
stablishment complies with the requirements of local zoning and
uilding requirements, and with the requirements of this ordinance
nd all State laws applicable to food establishments, and after
ayment of the annual fees hereinafter specified, a permit, valid
or the calendar year involved, shall be issued by the Health
b. All permits or classification cards, issued under, or
ursuant to, the provisions of this ordinance must be posted on the
remises of the business in a conspicuous place at all times.
c. Permits are not transferable from one business or
oca.tion to another, or from one person, firm, or corporation to
nother.
d. No notice or classification card posted by the Health
Pfi.cer shall be removed without the special approval of the Health
fficer.
Section 5. Fees
a. Permit fees shall be charged as hereinafter provided in
3.
or to defray the cost of the inspections required and for the
orcement of this ordinance.
b, The fees to be paid each calendar year in connection
th the issuance of any permit required by this ordinance for
ch food establishment shall be as follows:
Restaurants (except taverns, catering services, and bars)
Seating capacity of 1 to 20. . . . . . . . . . . $ 5.00
Seating capacity of 21 to 50 . . . . . . 7.50
Seating capacity of over 50. . . . . . . . . 10.00
Taverns, bars, or other drinking establishments
Seating capacity of 1 to 5 . . . . . . . . . . . 5,00
Seating capacity of 6 to 20. . . . . 0 . . 9 7050
Seating capacity over 20 . . . . . . . . . . . . 10,00
(Each 30 inches of lineal length of bar or counter
shall be considered as one seat)
Catering Service, . . . 0 . , . . . . . . . . . . 5,00
Delicatessen. . . . o . o . . . o , . . . . . o , 5000
Fish Market or Stand. . . . . . . . . . , 0 . . 0 5.00
Food, Drink, or Confection Vending
Machines, each , o . . . , o . . , , . . 0 0 1000
Grocery Store . o . . . . . . . 5,00
Horsemeat Market. . . . . . 0 0 0 , . 0 0 . . . 0 5100
Meat Market . . . . . . . 0 . . . . . , . . . . . 5100
Poultry Market. . . . . . . . . . . . . 0 0 5.00
Vegetable Market or Stand . . . . . . . . 5.00
Fruit Market or Stand. . . . . . . . . 0 0 o .. 5.00
Food, Drink, or Confection Vending
Vehicles , . . . 0 . . . . . . 0 . , 0 . 0 0 5,00
Food Establishment in Public Schools. , No fee
Food Establishments not specifically listed , . . 5.00
c. No owner or proprietor having complete control of a food
establishment, as defined herein, shall be required to have more
one permit for the operation of each place of business, provileds
4,
er, that owners or operators of food, drink, or confectionery
ding machines not otherwise conducting a food establishment, as
defined, shall pay One Dollar ($1.00) for each such vending
machine (but not to exceed, as a total vending machine fee, the s
of Five Dollars ($5.00) ), and provided, further, that where more
than one permit fee is applicablethehigher, or highest, permit
fee shall be the fee assessed,
d. New food establishments opening on or after July 1, of
any particular year, shall pay one-half of the specified fee for
the remainder of that calendar year.
Section 6. StandardsL
a, Animals: No live animal, fowl, rodent, or animal pets
shall be kept or allowed in any food establishment where food or
erage is stored, displayed, prepared, or.'served, except that thi
ction shall not apply to "seeing -eye" dogs being used by the
At least two signs to this effect (on white cards and bear
ing appropriate words in black lettering at least one and one-half
inches (1-1/2") in height) shall be posted in different cons*uous
places at each food establishment.
b. Minimum Ceilings: No celing height in any food
establishment shall be less than eight (8).feet from the floor,
c. Refrigeration: All food in food establishments that is
)otential media for growth of bacteria, or is otherwise subject to
spoilage by reason of lack of refrigeration, must be kept under.
efrigeration all during the time it remains in said food establi
d. Sterilization: Sterilizing agents and compatible -type
detergents, as approved by the Health Department, must be used in
all establishments requiring washing and sterilization of equipmen
concentration of these agents and detergents to be used must b
5.
such as approved by the Health Department,
e, Trash Facilities: All trash shall be stored in en-
closures so as to prohibit its being scattered over the ground.
Such enclosures shall be of suitable design and construction and
must be maintained in a reasonably clean and sanitary condition
at all times,
f. Washing Facilties: All restaurants shall have a three -
compartment sink for the purpose of performing proper washing,
rinsing, and sterilization of dishes, glasses, and all cooking and
other equipment. All other food establishments requiring washing
facilities shall have at least a two-compartment sink,
g. Floors: Floors shall be of cement, tile laid in cement,
vitrified brick, or other non-absorbent material.
Section 7. Exceptions. This ordinance in no way applies
to an owner or operator of a farm or ranch who erects or maintains
a stand on his farm or ranch for the sale of fruits and vegetables
only, so long as proper building, zoning, and sanitary regulations
are observed.
Section 8. Rules and Regulations. The Health Department is
authorized to establish and enforce appropriate rules and regula-
tions in order to administer and carry out the purposes of this
ordinance and all State laws applicable to food establishments.
Section 9. Penalty. Any food establishment which fails to
apply promptly for a permit, as required by Section 3 hereof, or
any such establishment which shall fail to apply for a renewal of
permit by January 20 of each year will be penalized in an amount
equal to fifty percent (500) of the regular permit fee, which
amount shall be in addition to the specified fee, as set forth in
Section 5 of this ordinance,
6,
Section 10. Suspension and Revocation. If any person,
firm, or corporation holding a permit issued '_hereunder shall
violate any of the provisions of this ordinance, any State laws
applicable to food establishments, or any of the rules and
regulations established by the Health. Department pursuant to the
power hereinbefore conferred in that regard, and if such permit
holder shall not, within a reasonable time thereafter, discontinue
the violation or eliminate the same, by promptly taking proper
corrective or remedial steps, then the Health Officer may suspend
or, in an aggravated case, revoke the permit. In t he case of a
suspension, the maximum period for a first violation shall be
thirty (30) days, and ninety (90) days for a second or any sub-
sequent violation. A suspension or revocation shall be effected
by delivering to the offending permit holder a written notice to
that effect, or, in lieu thereof, by forwarding such written notic
by way of certified mail addressed to the permit holder at his
place of business. A permit holder who objects to, or feels dis-
satisfied with, the action of the Health Officer in suspending or
revoking his permit may appeal to the City Council, as in the
next section pro-,Tided.
Section 11. Appeal. Any person, firm, or corporation who
or which shall feel aggrieved as a result of the enforcement of an
of the provisions of this ordinance may take an appeal, in writing
to the City Council; provided, however, that any such appeal, in
order to qualify the aggrieved for a hearing before said City
Council, shall be filed with the City Clerk not less than ninety
(90) days after the date of the occurrence of the act, or acts,
forming the basis for the aggrievement. The City Council shall,
within thirty (30) days after the filing of the appeal, set the
matter for hearing, and shall, prior to the expiration of thirty
(30) days following the conclusion of the hearing, render its
decision in writing. If any such appeal shall not be taken timely;
as in this paragraph required, that fact alone sha11 constitute
sufficient reason for the City Council to deny the same,
7.
Section 12. Severability. If any section, subsection, sub-
division, sentence, clause, or phrase of this ordinance is for any
reason held to be unconstitutional or otherwise invalid, such
decision shall not affect the validity of the remaining portions
of this ordinance. The City Council hereby declares that it
would have passed this ordinance, and each section, subsection,
subdivision, sentence, clause, or phrase thereof, irrespective
of the fact that any one or more sections, subsections, subdivision
sentences, clauses or phrases be declared unconstitutional or
otherwise invalid.
Section 13. Repeal. All ordinances or parts of ordinances
in conflict herewith are hereby repealed,
Section 14. Effective Date. This ordinance shall be
published once as required by law and shall take effect and be in
force following the expiration of thirty (30) days from and after
its adoption.
GLJ vaVf lei etG
.WILLIAM J. SBY, MAYA
I, Herbert K. White, City Clerk, do hereby certify that
the foregoing Ordinance was introduced at a regular meeting
of the City Council held on June 21, 1965, and adopted at a
regular meeting held on July 6, 1965, by the following vote:
AYES: COUNCILMEN: Crosby-Diederichsen-George-Johnson-Martin.
NOES: COUNCILMEN: None
ABSENT COUNCILMEN: None
HERBERT K. WHITE, CITY CLERK
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