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Ordinance 506 .Q R D 1 1f A N .Q E !.Q. ,06 AN ORDINANCE PRESCRIBING RULES AND REGULATI(..NS PERTAINING TO THE OPERATION mF RESTAURANTS AND FUOD ESTABLISHMENTS IN THE CITY OF GILROY. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BE IT ORDAINED BY THE CODON COUNCIL OF THE CITY OF GILROY: ARTICLE 1. Defini tioms "Food" includes all article s used for food, drink, confectionary, or condiment, whether simple or compound, and all substances and in- gredients used in the preparation thereof. "Restaurant" means any cnffee shop, cafeteria, sh0rt-order cafe, lunchernette, 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 kit~hens, box lunch establishment, catering services, barbecue pits in which food or drink is >>repared on the premises for sale or distributi0n elsewhere. The term "restaurant" as used in this ordi'l'1.ance 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 Bstablishment" shall mean and include any publiC or private market, sh0p, store, delicatessen, candy factory, storehruse, warehouse, c0ld storage plant, or other plant, or other place, not a public eating or drinking establishment in or about which any food, food- stuffs or provisions are kept, held, SOld, prepared, or compounded, or offered for sale for human consumptiono 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 kept, stored, handled, manufactured or offered for sale; ice statirns; all food processing or cannery ~C)~ -,,',.....-- plants of any type~ "Utensils" includes kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles used in processing, storage, distribution or serving of food or drinko ARTICLE 2 SECTION 1. It shall be unlawful for any person, firm or corporation to operate or conduct a restaurant or food establishment 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 City of Gilroy, unless possessing a permit to do so from the Health Officer and paying the permit fee required to be paid by this ordinanceo No permit shall be required of any food processing, cannery or other food establishment licenses by the Cal~fornia 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 receipt of such application, make or cause to be made, an examination of the premises for which such permit is requested. It, 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 ordi.ance, and the rules and regulations of the Health Officer of the City of Gilroy 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 .annero SECTION 3. The permit fee for conducting a restaurant or food establishment shall rye $ 1.00 per annum, and shall be payable upon the first day of.~Jm1'1' or each yearo SECTION 4. The Health Officer is hereby empowered to deny or withhold a permit for which an application has been made, if, in -2- 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 requested, is or are insufficient, unfit or incapable of being used, maintained, or established to comply with this or any other ordinances of the City of Gilroy, or the rules and regulations of the Health Officer or laws of the State 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 City of Gilroy at such establishment. SECTI0N 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 establishment within the City of Gilroy shall not be transferable. Every person who shall sell, exchange, give away, abandon, or discontinue any such restaurant or food establishment within the City of Gilroy and every person who shall purcha~e or otherwise acquire any such restaurant or food establishment within the City of Gilroy shall imme~lately notify the Health Officer, his assistant or his duly authorized representative, as to the fact thereof. SECTION 7. The Heal th Officer is hereby authorized to make such addi tional rules and regulations as may be necessary to secure the proper sanitatio. of all restuarants or food establishments and for the proper and orderly administration of this ordinance. 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 saleo SECTION 9. The Health Officer, his assistant and his duly -3'" authorized representative, are hereby authorized and directed to seize and destroy or denaturiz9 any tainted, diseased, decayed or partially decayed, or unwholesome meat, fish, shellfish, fowl, fruits, vegetables, or other unwholesome food found within the City of Gilroy. SECTION 10. 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 City of Gilroy, 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 0r 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 City of Gilroy 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 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 Common Council of the City of Gilroy 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. 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 hereunder, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than twenty-five dollars ($2~oOO) nor ...4- more than -., 'one bundred 0ol1ars ($]))0.00), or by imprisonment for not more than "bh1rtj daY's , or by both such fine and imprisonment. 8~CTION 140 This ordinance shall be in full force and effect from and after its" passage..and' approvalo PASSED AIID ADOPTED by the Common Council of the C*ty of Gilroy this 9th day of llareh , 1953, by the following vote: AYES: Councilmen Pate,RuSh,Kennedy, Gal10 ,Whit.e ,Ronald NOES: Councilmen None ABSENT: Councilmen Nona APPROVED: hJ ~ (2 ~ ~_) Mayor ATTEST s n r \ ~ \)tv \..? U~ "' .~ City Clerk -5...