Ordinance 004ORDINANCE 004
AN ORDINANCE PRESCRIBING RULES AN7~ REGULATIONS PERTAINING TO THE
OPERATION OF RESTAURANTS AND FOOD ESTABLISHMENTS
BE IT ORDAINED BY THE CITY COUNCI]~ OF CUPERTINO, STATE OF CALIFORNIA:
A RT_: CLE I
Defin_tions .
"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, sander c;h stand, soda fountain, public
school lunch room or cafeteria, l~Lbor and construction camp kitchens
and dining rooms, public boarding house, club, and any other eating
or drinking establishment which sE~ils or offers for sale food to the
public, as well as kitchens, box =Lunch establishments, catering
services, barbecue pits in which j'ood or drink is prepared on the
premises for sale or distribution elsewhere. The term "restaurant"
as used in this ordinance shall a:Lso include all cafeterias or
restaurants serving commercial establishments as part of the ordaniza-
tion and serving the public, whether as employees or visitors.
"Food Establishment" shall mE~an and include any public or private
market, shop, store delicatessen, candy factory, storehouse, warehouse,
cold storage plant, or other plant;, or other place, not a public
eating or drinking establishment :Ln or about which any food, food-
stuffs or provisions are kept sold, held, prepared or compounded, or
offered for sale for human consum]~tion. Such establishments will
specifically include but shall not; be restricted to: grocery stores
and warehouses; candy confectioners' plants or stores; bakeries;
bottling works; food and condimen~~ packers; fruit and vegetable stands;
markets and other pre-rr-ises 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 processing
or cannery plants of any type.
"Utensils" includes kitchenw~~re, tableware, glassware, cutlery,
containers, machinery, implements;, receptacles used in processing,
storage, distri't~ution or serving of food or drink.
ART:CCLE II
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 distribu-
tion any food or drink intended for human consumption in the City of
Cupertino, 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 sha:Ll be required of any food processing,
cannery or other food establishment licensed by the California State
Department of Health, by the Bure~~u of Meat Inspection of the
California State Department of Agriculture, or by the Meat Inspection
Division of the United States Dep~~rtment of Agriculture.
Section 2 Application for such permit shall be made in writing to the
Health Officer. The Health OfficE~r shall, upon receipt of such
application, make or cause to be made, an examination of the premises
for which such permit is requrestE:d. If, upon examination, the Health
Officer, his assistant or his dul;T authorized representative shall
find such premises and the equipmf:nt therein to be in accordance with
the laws of the State of California, the requirements of this ordinance
and the rules and regulations of 'she Health Officer and not otherwise,
the Health Officer shall issue a :^evocable 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.
Section ~ The Health Officer is hereby empowered to deny or withhold
a perms 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 requested, is o r are insufficient,
unfit or incapable of being used, maintained, or established to comply
with this or any other ordinances of the City of Cupertino, 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 Cupertino 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 establishment within
the sty of Cupertino 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 Cupertino and
every person who shall purchase or otherwise acquire any such
restaurant or food establishment within the City of Cupertino 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 establishments and for
property 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
sale.
Section g 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 City of
Cupertino.
Section 10 It shall be unlawful for any person, firm or corporation,
or agent or employee of any person, firm, corporation, to sell, offer
for sale, distribute or have in possession for sale or distribution
in the City of Cupertino, the flesh of any cattle, horse, sheep,
lamb, swine, or goat, unless the same bears on each primal part
thereof, the "Inspected and Passed" stamped of an establishment
operating under Federal inspection, State inspection of 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 Cupertino any sausage or ether meat food
product unless the same has been manufactured or prepared in accord-
ance 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 purpose 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 City Council 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 punched
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, or by both such fine and imprisonment.
Section 1~F This Ordinance is hereby declared to be an urgency measure
and necessary for the immediate preservation of the public health and
safety, and shall take effect and be in force forthwith from and after
its final passage and approval.
PASSED AND ADOPTED by the City Council of the City of Cupertino,
this 17th day of October, 1955, by the following vote:
AYES: Councilmen: Lindenmeyer•, Meyerholz, Nathanson, Saich, Wilson
NOES: Councilmen: None
ABSENT: Councilmen: None
s/ Ralph E. Lindenmeyer
Mayor, ity o pertino
ATTEST:
Edith H. Anthony
Acting Secretary and City Clerk of
the City of Cupertino, California
~~ ! ~ ~~~
I, ~~ , Gity Clerk of the City of Cupertino
and x of icio clerk of the legislative body of said City do hereby
certif that the foregoing is a tz~ue and correct copy of Ordinance
No. 00~ on file in my office and that the same has been published
pursuant to law.
IN TNESS WHEREOF I have hereunto se~,by hand and City Seal this
1 , day o f -' -~,~. ~,-e^ , 1.9
ity ler