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ORDINANCE No.c:f4!.t/ I
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING ORDINANCE I
NO. 1696 ENTITLED IN PART "AN ORDINANCE PRESCRIBING REGULATIONS FOR I
3 PUBLIC EATING PLACES, FOOD. HANDLING PLACES, PROVIDING FOR THE ISSU- I
ANCE OF PERMITS THEREFOR . . . ." I
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THE MAYOR AND C(]olMON COUNCIL OF THE CITY OF SAN BERNARDINO
5 DO ORDAIN AS FOLLOWS:
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SECTION ONE: The title of Ordinance No. 1696 is hereby
7 amended to read as follows:
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AN ORDINANCE OF THE CITY OF SAN BERNARDINO PRESCRIBING
REGULATIONS FOR PUBLIC EATING PLACES, FOOD HANDLING
PLACES, CATERERS, FOOD VENDING MACHINES AND FOOD DEMON-
STRATORS; PROVIDING FOR THE ISSUANCE OF PERMITS THEREFOR
AND PROVIDING PENALTIES FOR THE VIOUTIONS OF THE PROVISIONS
THEREOF.
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I SECTION TWO: Ordinance No. 1696, Section One, is hereby
12 Ilamended to read as follows:
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13 i SECTION ONE: DEFINITIONS: That for the purpose of this
14 jOrdinance the following words and phrases are defined as follows:
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rant, lunch room, tea room, soda fountain, buffet, grill room, lunch
17 counter, luncheonette, sandwich stand, dining room, coffee shop,
18 cafeteria, short-order cafe, public boarding house, hotel, beer parlof'
19 tavern, cocktail lounge, labor or construction camp kitchen and
~ dining room, eating establishment or any other place where food is
21 I prepared, given, sold or offered for sale for consumption on the
22 premises and each kitchen, commissary or other room pertaining
A "Public Eating Place" shall mean and include every restau- I
23 thereto or connected therewith. A kitchen or place where food,
~ Ii sandwiches, lunches, or box lunches are prepared on the premises for
25 serving elsewhere, shall be classified as a food handling place.
26 The term "public eating place" shall not include churches, church
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27 Isocieties, private clubs or other nonprofit associations of a religi1
28 ous, philanthropic, civic improvement, social, political, or educa-
291 tional nature, which purchase food, food products, or beverages or
~ which receive donations of food, food products, or beverages, for
31 I service without charge to their members, or for service or sale at
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32 a reasonable charge to their members or to the general public at
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occasional fund-raising events, for consumption on or off the
premises at which the food, food products, or beverages are served
or sold, if the service or sale of such food, food products or
beverages does not constitute a primary purpose or function of the
club or association, and if no employee or member is assigned full
time to care for or operate equipment used in such arrangement or
during such event.
A "food handling place" shall mean and include every build-
ing, room, basement, cellar, bottled water establishment, establish
ment, and every place used for the production, preparation for
sale, manufacture, packing, storage, sale, transportation or dis-
tribution of any food.
"Caterer" shall mean any person who prepares food for
profit and serves or offers for service such food as a meal or a
portion of a meal at a place other than his place of business.
"Caterer's establishment" shall not include a "food handling place"
preparing, serving or delivering food. "Caterer" shall not include
a "food demonstrator" or a "food demonstrator-limited" of a food
handling place or an "industrial caterer".
"Industrial caterer" shall mean a person who sells or
serves or offers to sell or serve box lunches, wrapped sandwiches
or other foods which have been wrapped, canned or bottled, at an
approved food handling place or who sells or serves or offers to
sell or serve from a vehicle coffee or other bulk beverages pre-
pared at a food handling place.
"Food Vending Machine" shall mean any self-service, manual
or coin-activated machine or device offered for public use which,
upon the insertion of a coin, coins or tokens, dispenses unit
servings of food or beverage, either in bulk or in package, with-
out the necessity of replenishing the machine or device between
each vending operation.
"Food Demonstrator" shall mean any person who engages in
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the business or practice of offering or serving, without charge to
the consumer, unpackaged bulk food to the public for the purpose
of publicizing, advertising or promoting the sale of food, food
products or food equipment.
"Food Demonstrator-limited" shall be a person who serves or
offers to the public unpackaged food for the purpose of publiciz-
ing, advertising or promoting the sale thereof, and who is employed
directly by a single producer, processor or packager of such food
for such purpose, and whose activities in connection therewith are
limited to warming, refrigerating, cutting or serving at the place
of such service.
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"Food shall mean and be taken to be any substance eaten or
drunk for nourishment or refreshment of the body, whether such
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food be in storage in process of preparation, or ready to serve.
"Owner" or "owners" shall mean those persons, partnerships
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16 or corporations who are financially interested in the operation of a
17 food handling place.
18 An "operator" shall mean any person engased in the dispens-
19 ing of, or assisting in the preparation of food, or a person other-
~ wise employed in a food handling place.
21 SECTION TWO: Ordinance No. 1696, Section Two, is hereby
22 amended to read as follows:
SECTION TWO: PERMITS REQUIRED.
It shall be unlawful to
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24 operate or permit to be operated any public eating place, food
25 handling place, caterer's establishment, industrial caterer's
vehicle, food vending machine, food demonstrator or food demdn-
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strator-limited display without an unrevoked and unsuspended health
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28 permit issued in accordance with the provisions of this Ordinance.
SECTION THREE: Ordinance No. 1696, Section Seven, is here-
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W by amended to read as follows:
SECTION SEVEN: EXPIRATION OF PERMITS. A health permit for
which application is made, under the provisions of this Ordinance,
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may be granted at any time during the year, but all permits granted I
hereunder shall expire twelve months succeeding their date of I
issuance or when there is a change of ownership or occupancy. I
SECTION FOUR: Ordinance No, 1696, Section Eight, is here- I
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by amended to read as follows:
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SECTION EIGHT: RENEWAL OF EXPIRED PERMITS. The owner,
7 operator or manager of any place or business hereunder required to
8 have a permit which is subject to automatic expiration, shall be
9 required to make an application to the Health Officer for renewal
10 of such permit as provided for in Section Three of this Ordinance,
11 in the same manner as for a new place of business; provided that
12 I such application shall be made prior to the date of expiration of
13 such existing permit; and further provided that if such application
14 is made prior to such date of expiration, the existing permit shall
15 remain valid and in effect until such application for renewal has
16 been acted upon by the Health Officer, and the renewal of such
17 permit has been denied or suspended and the applicant notified
18 accordingly.
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SECTION FIVE: Ordinance No. 1696, Section Nine, is hereby
20 amended to read as follows:
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SECTION NINE: FEES. Every person, firm or corporation
22 applying for a permit, or for renewal of a permit previously re-
23 voked or for renewal of an expired permit under the provisions of
24 this Ordinance, shall at the time of making application therefor,
25 pay the following annual permit fees, to wit:
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Seating Capacity 30-75
Seating Capacity 76 and over
Itinerant restaurant
$20.00
30.00
40.00
20,00
26 Public Eating Place: Seating Capacity 1-30
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30 Drive-in Restaurants: Seating capacity shall be computed at
the rate of two seats for each parking space.
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~ . 0 . 0 0
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o 0 . 0 . 0 . 0 .
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1 Food Handling Place:
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Less than 900 square feet area
More than 900 square feet area
(Floor area shall be computed for those rooms
where food is stored, processed or displayed.)
$12.00
$24.00
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Caterer:
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Including two but not more than two vehicles for
transporting food to be served and catered -
$20.00
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More than two vehicles for transporting food to be
served and catered - $10.00 per each vehicle
Industrial Caterer: $10.00 per each vehicle
Food Vending Machines:
Food Vending Machine controlled by the insertion of a
coin, slug, token or other device of the value of one cent ($0.01)
or less, the sum of One Dollar ($1.00) per year for such machine.
Food Vending Machine dispensing hot or cold hermetica11y-
sealed foods: the sum of Two Dollars ($2.00) per year for each
such machine.
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Food Vending Machine dispensing hot or cold bulk food;
the sum of Five Dollars ($5.00) per year for each such machine.
Food Vending Machine dispensing hot or cold readily perish-
able packaged food: the sum of Seven Dollars ($7.00) per year for
each such machine.
Food Vending Machine dispensing hot or cold readily perish-
able bulk foods: the sum of Ten Dollars ($10.00) per year for
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each such machine.
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Food Demonstrator:
(a) Food Demonstrator: Not more than two separate
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$10.00.
locations at the same time -
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(b) Food Demonstrator: More than two separate locations at
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$20.00.
the same time -
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(c) Food Demonstrator-limited: Not more than two separate
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locations at the same time -
$10.00.
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(d) Food Demonstrator-limited: More than CWo separate
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locations at the same time -
$20.00
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SECTION SIX: Ordinance No. 1696, Section Ten is hereby
4 repealed.
5 I HEREBY CERTIFY that the foregoing Ordinance was adopted
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by the Mayor and Common Council
:ay ::tr~~_/f~V
wit:
of the City of San Bernardino, at
meeting thereof, held on the(~~
, 1962, by the following vote, to
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AYES:
au'.~
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NOES:
ABSENT: ;p~_
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,', city C er
Ordinance is ereby approved this~day
, 1962.
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,J!l'Ve foregoing
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of
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no
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Approved as to form:
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ty orney
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