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Home My WebLink About3006 i i I 1 ORDINANCE NO. Q ~ 2 AN ORDINANCE. OF THE CITY OF SAN BERNARDINO AMENDING ORDI- NANCE NO. 1696 ENTITLED IN PART "AN ORDINANCE PRESCRIBING 3 REGULATIONS FOR PUBLIC EATING PLACES ."; REGULATING ITINERANT RESTAURANTS, PUBLIC SWIMMING POOLS, HAWKER AND PEDDLER VEHICLES, 4 AND MILK DISTRIBUTORS; DEFINING CERTAIN TERMS; REQUIRING PERMITS THEREE'OR; AND MODIFYING THE PERMIT FEE .SCHEDULE. 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO 6I DO ORDAIN AS FOLLOWS: 7~ SECTION 1. Ordinance No. 1696 Section One is hereby g amended to read as follows: g, "SECTION ONE: DEFINITIONS: That for the purpose of this 10 Ordinance the following words and phrases 'are .defined and shall 11 have the meanings ascribed to them in this Section. 12 (a) A "public eating place" shall mean and include every 13 restaurant, lunch .room, tea room, soda fountain, buffet, grill 14 room, lunch counter, luncheonette., sandwich stand, dining room, j 15 coffee shop, cafeteria, short order cafe, public boarding house, ' 16 hotel, beer parlor, tavern, cocktail lounge, labor or construction 17 camp kitchen and dining room, eating establishment or any other 18 place where food is prepared, given, sold or offered for sale for i 19 consumption on the premises and each kitchen, commissary or other 20 room pertaining thereto or connected therewith, as well as each 21 kitchen in which .food is prepared on the premises 'for serving else- 22 where, including catering functions. 23 (b) The term "public eating place" shall not :include 24 churches., church societies, private clubs or other nonprofit 25 associations of a religious, philanthropic, civic improvement, 26 social, political, or educational nature, which purchase food, ~ I 27 food products, or beverages or which receive donations of food, 28 food products, or beverages, for service without charge to their 29 members, or for service or sale at a reasonable charge to their 30 members. or to the general public at occasional fund-raising events, 31 for consumption on or off the premises at which food, food pro- 32 ducts., or beverages are served or sold, if the service or sale of I 1 such food, food products. or beverages does not constitute a 2 primary purpose or function o£ the. club or association, and if 3 no employee or member is assigned full time to care for or operate. 4 equipment used in such. :arrangement or during such event. i 5~~, (c) A "food handling place" shall mean and include, every i 6~I building, room, basement,. cellar, bottled water establishment, 7I and every place used for the. production, preparation for sale, $ manufacture, packing, storage,. sale, transportation or distribu- 9 tion of any food. l0l (d) "Caterer" shall mean any person who prepares food for 11 profit and serves. or offers for service such .food as a meal or 12 a portion of a meal at a place other than his place of business. 13 (e) "Industrial caterer" shall mean a person who sells 14 ~ or serves or offers. to sell or serve box lunches, wrapped sand- 15 wiches or other foods which have been wrapped, canned or bottled, 16 at an approved food handling place or who. sells or serves or 17 offers to sell or serve from a vehicle coffee or .other bulk ~ 18 beverages prepared at a food handling place. 19 (f) "Food vending machine" shall mean any self-service, 20 manual or coin-activated machine. or device offered for public use 21 which, upon the insertion of a coin, coins 'or tokens, dispenses 22 unit servings of food or beverage, either in bulk or in package, 2b without the necessity of replenishing the machine or device be- 24 tween each vending operation. 25 (g) A "milk distributor" shall mean any person or firm 26 or corporation as provided in Division 4, Chapter 3, Article 2,. 27 3252 n 506. of the A ricultural Code. Section 3 and Sectio g i 28 (h) A "vending machine headquarters" shall mean any com- 29 misaary, eating establishment or restaurant where .storage or 30 preparation or supplies 'are stored or prepared to service or J1 supply vending machines.. 32 (i.) An "itinerant restaurant or concessions" as described -2- i I 1 in California State. Restaurant Act. 2 (j) A "public swimming pool" as defined in Section 7774 3 and'7775 of Title l7, California Administrative Code. 4 (k) "hawker vehicle" shall mean any person who proclaims 5 his wares on the street or property adjacent thereto., the articles 6 for sale being maintained in a wagon, box or vehicle or carried 7 by the. person. $ (1) A "peddler" shall mean any person who. transports-food 9 for sale along a route, making periodic stops of short duration 10 for the purpose of dispensing said food to buyers. 111 (m) "Food" shall mean and be taken to be any substance. 12 eaten or drunk for nourishment or refreshment of the. body, whether 13 such .food be in storage, in process of preparation, or ready to 14 serve." 15 SECTION 2. Ordinance No. 1696 Section Two is hereby 16 amended to read as follows: 17 "SECTION TWO: PERMITS REQUIRED.. It shall be unlawful to 18 operate or permit to be operated .any public eating place, food 19 handling place,. caterer's establishment, industrial caterer's 20 vehicle, food vending machine,. itinerant restaurant or concessions 21 or public swimming pool without .an unrevoked and unsuspended 22 health permit issued in accordance with the. provisions of this 23 Ordinance." 24 SECTION 3. Ordinance No. 1696 Section Four is hereby 25 amended to read as follows: 26 "SECTION FOUR: PERMITS, GENERAL. No permit to operate 27 such place of business shall be .issued to any person until all 28 of the. provisions of this Ordinance and all other applicable 29 statutes, ordinances, rules and regulations shall have been complie 30 with. 31 Every permit shall be kept posted in a conspicuous place 32 in or on the. .establishment, place or business for which the permit -3- i '! i 1 is issued." ' 1 2 SECTION 4. Ordinance No. 1696 Section Nine is hereby 3 amended to read as follows.: i 4 "SECTSON NINE: FEES. Every person, firm or corporation 5 applying for a permit ,. or for renewal of a permit. previously 6 revoked or for renewal of an expired permit under the provisions 7~ of this Ordinance, shall at the time of making application there- 8 for, pay the .following annual permit .fee,. to wi 9 Public eating place $25.00 per year 10; Food handling place $20.AO per year 11i Food markets., including grocery, vegetable and meat markets $20..00. per year 12 Each .additional department, add, $ 5.00. per year 13 (Public eating places. in conjunction with markets. 14 shall not be included in food market permit.) 15 Itinerant restaurant or concessions $10.00 per event or location ~ i 16 Each hawker vehicle $10..00. per year I 17 Each peddler vehicle $10.00 per. year 18 Each vending machine $ 3.00 per year 19 Each vending machine headquarters $20...00. per year 20 Milk distributor $50.00 per year 21 Public swimming pools $2.5..00. per year 22 23 When more than one pool is operated on the same premises, the inspection fee shall be $10.A0..per year for each additional 24 pool. Pools operated by recreation districts, public schools 'and 25 other public districts are exempt .from the. payment of the inspec- ' 26 tion fee.. 27 28 A fifty per cent (50~) penalty shall be .added to. each of 29 the foregoing for failure to make application for yearly renewal 30 within thirty (30) days from the date of expiration or for failure 31 to apply for a permit~in the case of a new business or seasonal 32 operation,before opening for business." -4- ~ I i i I I I 1 I HEREBY CERTIFY that the foregoing Ordinance was duly 2 adopted by the Mayor and Common Ceuncil of the City of San Ber- 3 nardino at a ~ meeting thereof held on 4 the /~ day of 1969 by the following vote.,. to wit: 5 AYES.: Cou ilmen - 6 7 NOES I _ $ ABSENT:~~ gl 10 ! ~ ~~_~i ~ ~ City Cler lli The foregoing Ordinance is hereby approved this /`day 12, of - 1969. 13 14 ~ ~ ~ .~~r.~ 15 Ma or o the ity of San Bernardino 16 Approved as to form: 17 ' ~ ~- c ~.~lu~. 18 City At arney 19 20 21 22 23 24 25 26 27 28 29 30 31 32 - ~