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Ord 0594-PRESCRIBING RULES AND REGULATIONS PERTAINING TO THE OPERATION OF THE RESTAURANTS AND FOOD ESTABLISHMENTS IN THE TOWNORDINANCE NO. 594 AN ORDINANCE PRESCRIBING RULES AN.3~D. REGULATIONS PERTAINING TO THE OPERATION. OF RESTAURANTS AND FOOD ESTABLISHMENTS IN THE TOWN OF LOS GAT€;S. The Town Council of the Town of Los Gatos does ordain as follows: ARTICLE 1. Definitions "Food" includes all articles used for food, drink, confectionary or condiment, whether simple or compound, and all substances 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, box lunch establishment, catering services, barbecue pits in which food or drink is prepared on the premises 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, prepared, or compounded, or offered for sale for human consumption. -1- Such establishments will specifically include but shall not be restricted to, grocery stores and warehouse., candy and con- fectioners' 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 kept, stored, `handled, ` manufactured or offered for sale; ice stations; all food proses- sing or cannery plants of any type® "Utensils" includes kitchenware, tableware, glassware, cutlery, containers, machinery, implements,',receptacles used in processing, storage, distribution or serving of food or drink. "Health Officer" and "Health Officer of the Town, of Los Gatos" means the County Health Officer or his deputies acting as the Town of Los Gatos Health. Officer. This definition shall apply in all existing ordinances of the Town of Los Gatos. 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 consumption in the Town of Los Gatos, State of California, un- less 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 Depart- meet of Health, by the Bureau of Meat Inspection of the California State Department of Agriculture, or by the Meat Inspection Division -2- of the United States Department of Agriculture. Section 2. Application for such permit shall be made in writing to the Health Officer, at'the Office of the Health Officer in the Town of Los Gatos. The Health Officer shall, upon receipt 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 w*th the laws of the State of California, the requirements of this ordinance, and the rules and regulations of the Health Officer of the Town of Los, Gatos 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 3. The permit fee for conducting a restaurant or food establishment shall be $10.00 per annum, and shall be payable upon the first day of January of each year, except that permit fee for all or any.portion of the period from July 1, 1961, through December 31, 1961, shall be $5.00. The permit fee provided for herein shall be in addition to any permit fee, license fees, or taxes provided for in other ordinances of the Town of Los Gatos and not in lieu thereof. Section 4. 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, main- taining, conducting or operating the business or institution for which a permit is requested, is or are insufficient, unfit S. - 3 - or incapable of being used, maintained, or established to comply with this or any other ordinances of the Town of Los Gatos, or the rules and regulations of the Health Officer or laws of the Mate of {California. 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 Gatos 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 Gatos shall not be transferable. Every person who shall sell, exchange, give away, abandon, or discontinue any such restaurant or food establishment within the Town of Los Gatos and every person whoshall purchase or otherwise acquire any such restaurant or food establishment within the Town of Los Gatos shall immediately notify the Health Officer, his assistant or his duly authorized repre- sentative, 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 establishments and for the proper and orderly administration of this ordinance. Section S. The presence, in or about the place of business of any person dealing in food, or in or about any vehicle used -4- 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. Section 9. The Health Officer, his assistant and his duly authorized representative, are hereby authorized and 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 Gatos. Section 10. It shall be unlawful for any person, firm or corporation, or agent or employee of any person, firm or cor- poration, to sell, offer for sale, distribute or have in possession for sale or distribution in the Town of Los Gatos, 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 inspection 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 corporation, to sell, offer for sale, distribute or have in possession for sale or distribution in the Town of Los Gatos 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. Any person who has been denied a permit or whose permit has been suspended or revoked may appeal to the Town Council of the Town of Los Gatos within ten.(10) days. of the date of the denial, suspension or revocation of said -5- permit. Said appeal is taken by filing a Notice of Appeal, together with a written Statement of the grounds upon which appellant will rely, with the Town Clerk and serving copies of said Notice of Appeal and Statement of the grounds upon the Health Officer and Town Attorney. The Town Council at the next regular meeting shall fix a !time and place for hearing said Appeal and the Town Clerk shall give at least five (5) days' notice of said time and place of ` hearing by ',ordinary mail upon the appellant, Health Officer and Town_ Attorney. The Town Council may adopt its own rules of procedure governing said appeal and hearing. At the time and place of hearing said appeal, the Town Council shall be vested with judicial powers and the parties may introduce oral and documentary evidence and thereafter the Town Council` may take the matter under submission. At any time thereafter, not exceeding thirty-one (31) days, the Town Council shall render and file its written decision, which said decision may reverse or affirm the action taken by the health Officer. Section 13. This ordinance 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 of the Town of Los Gatos hereby,declares that it would have passed, this ordinance, and each article, section, paragraph, sentence and clause thereof, irrespective of the fact that any article, section, paragraph, sentence or clause thereof be declared invalid. -6- 0 • s t -1 Section 14. 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 hereunder, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00), or by imprisonment for not more than six (6) months in the `Santa Mara County Jail, or by both such fine and imprisonment: Section 15. All ordinances or parts of ordinances in- consistent or in conflict herewith are hereby repealed. Section 16. This ordinance shall be in full force and effect from and after the first day of July, 1961 PASSED AND ADOPTED' AT A REGULAR MEETING OF THE TOWN COUNCIL OF THE TOWN OF LOS GATOS held on the 5th day of June s19611 by the following vote:` AYES : COUNCILMEN: James E. Dona t i John Lincoln Wm. E. Mason Gail E. Packard. Alberto E. Merrill NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None MAYOR OF THE TOWN OF LOS GATOS ATTEST