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Home My WebLink AboutORD NO 576ORDINANCE NO. ~__~ NEW SERIES AN ORDINANCE PROVIDING FOR THE REGULATION AND CONTROL OF RETAIL ~F_AT SHOPS V~ITHIN THE CITY OF BAKERSFIELD, PRESCRIBING THE DUTIES OF THE CITY HEALTH OFFICER IN CONNECTION THEREV~ITH, SETTING FORTH THE HOURS ON BUSINESS DAYS DURING WHICH RETAIL MEAT SHOPS MUST BE CLOSED, AND DESIGNATING CERTAIN HOLIDAYS, INCLUDING SUNDAYS, UPON ~Y~HICH SAID SHOPS SHALL REMAIN CLOSED. BE IT ORDAINEDBY THE COUNCIL OF THE CITY OF BAKERSFIELD, as follows: SECTION 1. Definitions. (a) The word "meat" as used in this ordinance shall be deemed and construed to include all carcasses and parts thereof of, beef, calves, sheep, lambs, goats, swine, poultry, fish, game and all other animals designed or intended for human consumption or disposed of as human food. (b) The term "retail meat shop" as used in this ordinance shall be deemed and construed to mean and include all premises, buildings. and/or parts thereof used for the preparation for sale, or for sale or disposition of uncooked or uncured meat to consumers. (c) The term "consumer" as used in this ordinance shall be deemed and construed to mean and include all persons procuring or obtaining uncooked or uncured meat for consumption by themselves or by their families or guests or with a view to preparation or cooking and resale to their guests or to the public. (d) The word "person" as used in this ordinance shall be deemed and construed to mean and include associations, co-partner- ships and corporations, whether acting by themselves or by agent or employee; the singular number shall be deemed and construed to include the plural, and the masculine pronoun to include the feminine. (e) The term "Health Officer" as used in this ordinance -1- shall be deemed and construed to mean the Health Officer of the City of Bakersfield. (f) The term "meat salesman" as used in this ordinance shall be deemed to mean and include all natural persons selling or disposing of uncooked or uncured meat to consumers. SECTION 2~ N~eat Salesman's Certificate o__fHealth. (a) It shall be unlawful for any natural person to sell or otherwise dispose of any uncooked or uncured meat to a consumer unless~ at the time of the sale or other disposition of the meat to the consumer~ he is an authorized holder of a valid and subsisting Neat Salesman's Certificate of Health and has the same displayed in a conspicuous place in the retail meat shop where he sells or other- wise disposes of the meat to the consumer. (b) Any person desiring to act as a meat salesman may make application to the Health Officer for a Neat Sal~sman's Certificate of Health. Upon the filing of such application the Health Officer shall give the applicant, without charge, a health examination for the purpose of determining whether or not the applicant has any infectious, communicable or contagious disease. If the Health Officer finds the applicant to be free from all infectious, communic- able and contagious diseases he shall issue to. the applicant~ without charge, a Neat Salesman's Certificate of Health, the form of such certificate to be as prescribed by the Health Officer. The Health Officer may require the holder of a Neat Salesman's Certificate of Health to take a health examination at any time that he shall have reason to believe that such holder is afflicted with any contagious, communicable or infectious disease. If said health examination dis- closes that such holder is afflicted with a contagious, communicable or infectious disease~ the Health Officer shall revoke such holder's Neat Salesman's Certificate of Health. If, upon the taking of a health examination, an applicant for a Neat Salesman's Certificate of Health is denied because applicant is found to be afflicted with a contagious, communicable or infectious disease, or if, for the same reason, a Meat Salesman's Certificate of Health is revoked, the person taking said examination shall not be entitled to again make application for a Meat Salesman's Certificate of Health until three (3) months have elapsed subsequent to the taking of said examination. A Meat Salesman's Certificate of Health shall not be required of any meat salesman until thirty (30) days after the effective date of this ordinance. SECTION 3. Certificate o__fInsnection. (a) It shall be unlawful for any person to operate or maintain a retail meat shop unless, at the time said retail meat shop is operated or maintained, said person is an authorized holder of a Certificate of Inspection and the same is displayed in a conspicuous place in the retail meat shop. (b) Any person desiring to operate or maintain a retail meat shop may make application to the Health Officer for a Certifi- cate of Inspection. If, upon examination of the premises proposed to be used as a retail meat shop, the Health Officer shall find that said premises comply with all of the provisions of this ordin- ance and with all of the provisions of all other resolutions, ordin- ances, regulations, rules and statutes that said Health Officer is required to enforce under the provisions of the Charter of the City of Bakersfield and/or the Constitution or Laws of the State of California, he shall issue to said person a Certificate of Inspection for display in said retail meat shop. Said Certificate of Inspec- tion shall be in such form as the Health Officer shall prescribe. (c) Any citizen of the United States over the age of twenty- one years and a resident of the City of Bakersfield may file with the Health Officer an affidavit setting forth that a retail meat shop situated in said City of Bakersfield is being operated or main- tained in violation of this ordinance or any other resolution~ ordinance, regulation, rule or statute that the Health Officer is required by law to enforce. Whenever the Health Officer has cause to believe, by reason of such affidavit or otherwise, that a retail meat shop is being operated in violation of this ordinance or any other resolution, ordinance, regulation, rule, order or statute, that he is required by law to enforce, he may issue an order re- quiring the person operating or maintaining such retail meat shop to appear before him at a time and place in said order specified, then and there to show cause why the Certificate of Inspection issued to such person for display in said retail meat shop should not be revoked. If, after said hearing, the Health Officer shall determine that said retail meat shop is being operated or maintained in violation of this ordinance or any other resolution, ordinance, regulation, rule, order or statute that he is required by law to enforce, he may revoke the Certificate of Inspection issued for display in said retail meat shop, or he may order its suspension for such time and upon such terms as he shall deem necessary to secure compliance with this 'ordinance, and all other resolutions, ordinances, regulations, rules, orders and statutes that he is required by law to enforce. During the period any Certificate of Inspection is suspended the same shall remain in the possession of the Health Officer. SECTION 4. Closin~ Pro_visio.__~n~_~. It shall be unlawful for any person to sell, offer for sale, or otherwise dispose of any uncooked or uncured meat at any retail meat shop, or to receive or prepare for sale any uncooked or uncured meat at any retail meat shop, during the following designated hours: (a) Between 12:00 P. M. and 8:00 A. M., and between 8:00 P. M. and 12:00 P. M., on the following days, to-wit: Monday, -4- Tuesday, Wednesday, Thursday and Friday. (b) Between 12:OO P. M. and 8:00 A. M., and between 7:00 P. M. and 12:00 P. M., on Saturdays. (c) All hours on Sundays. (d) All hours on the following holidays, to-wit: New Year's Day, Memorial Day, Independence Day, Labor Day~ Armistice Day, Thanksgiving Day and Christmas Day. SECTION 5- Penal Provision___~. Failure to comply wi~h any provision of this ordinance shall be a misdemeanor and any person convicted of such misdemeanor shall be punished by a fine of not more than Three Hundred Dollars or by imprisonment in the County Jail for not more than ninety (90) days, or by both such fine and imprisonment. SECTION 6. Repeal. All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 7. Constitutional_!t~ If any section, subsection~ sentence~ clause or phrase of this ordinance is for any reason held to be unconstitutional or lnvalid~ such decision shall not affect the remaining portion of this ordinance. ......... 000 ......... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield on the day of ~._,~ 1941, by the following vote: AYESiBODEH,MARMADUKE, McMILLAN,NORRIS,SMI*T~,SOLLERS,Y/'F'! NOES, ABSENT Cit'g of the Clerk Council of the City of Bakersfield. APPROVED me ~/~ay of ~ _. ~ , 1941. City o~ 'Bakers field. STATE OF CALIFORNIAt County of Kern ~ ss, V. ~:AN RIPER, being duly sworn, deposes and says: That he is the duly appointed, acting and qualified Clerk of the City of Bakersfield; ,and that on .....~ .......... /../.. .............19../-~..../., he posted on the Bulletin Board at the -City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof dly held on .......... ~ ..... ../....~.. ..........19..~../.., which ordinance was numbered......~...7...u.~.. .......New Series, and entitled: AN ORDINANCE PROVIDING FOR THE REGULATION AND CONTROL OF RETAIL MEAT SHOPS WITHIN THE CITY OF BAKERSFIELD, PRESCRIBING THE DUTIES OF THE CITY HEALTH OFFICER IN CONNECTION THEREWITH, SETTING FORTH THE HOURS ON BUSINESS DAYS DURING WHICH RETAIL MEAT SHOPS MUST BE CLOSED, AND DESIGNATING CERTAIN HOLIDAYS, INCLUDING SUNDAYS, UPON WHICH SAID SHOPS SHALL REMAIN CLOSED. SubSc.r.i.~_d and sworn to before me this ~'~ ...."' ...." 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