HomeMy WebLinkAboutMINUTES - 01101989 - 1.34 gRDINANCE NO. 69- 5
(Take-out Food Establishments)
The Contra Costa County Board of Supervisors ordains as follows
(omitting the parenthetical footnotes from the official text of
the enacted or amended provisions of the County Ordinance Code) $
SECTION I. SUMMARY. This ordinance adds Chapter 88-16 to the
County Ordinance Code, to require new take-out food
establishments, including fast food restaurants, to pick up
trash, litter and garbage originating from their businesses and
discarded within 400 feet of their premises, and to post security
to guarantee compliance with this requirement.
SECTION II. Chapter 88-16 is added to the County Ordinance Code,
to read:
CHAPTER 88-16
TARE-OUT FOOD ESTABLISHMENTS
88-16 . 002 Findings and Intent. The proliferation of trash,
litter and sometimes garbage in areas surrounding take-out food
establishments is unsightly, unhealthy and may have a negative
effect on nearby property values. While proprietors of such
businesses cannot be expected to control the conduct of their
customers, they profit from the patronage of such customers, and
they have the ability to pass through the costs of clean-up
necessitated by illegal disposal of trash, litter and garbage
originating from their businesses. It is therefore the intent of
the Board to impose upon the proprietors of such take-out food
establishments, joint responsibility for the proper disposal of
trash, litter and garbage originating from their business
establishments .
(Ord. 69- 5 S 2. )
68-16.004 Definitions . "Take-out food establishment" means
and includes any business selling perishable food and/or
beverages in disposable containers or wrapping for consumption
off the premises. A business falling under the definition of
"take-out food establishment" is a take-out food establishment
for purposes of this Chapter even if the take-out food aspect of
the business amounts to only a small portion of the business •
total income or sales activity. The term "take-out food
establishment" includes fast food restaurants . It does not
include food markets or stores selling food and beverage only in
manufacturer pre-packaged and sealed containers or wrapping, or
requiring cooking or other preparation prior to consumption.
(Ord. 69- 5 S 2. )
88-16.006 Permit Required. No person shall establish,
maintain or operate a take-out food establishment without
obtaining a land use permit therefor pursuant to the provisions
of this Cha ter.
(Ord. 89- S 2. )
88-16 .008 Conditions. A land use permit to operate a take-
out food establishment shall require the permittee and operator
of the take-out food establishment to comply with the following
conditions of approval%
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(a) At least 3 times a week, pick up and properly
dispose of trash, litter and garbage originating from such take-
out food establishment, deposited on public property within 400
feet of any boundary of the premises on which such take-out food
establishment is located.
(b) Upon the request of any owner of private property
located within 400 feet of any boundary of the premises on which
the take-out food establishment is located, at least 3 times a
week, pick up and properly dispose of trash, litter and garbage
originating from such take-out food establishment, deposited on
such private property visible from a public street.
(Ord. 89-_ S ,2. )
88-16.010 Security. (a) Required. A cash deposit, letter
of credit or corporate surety- bond shall be deposited at all
times to ensure compliance with the conditions required by this
Chapter.
(b) Form. A corporate surety bond shall be in a form
approved by the county counsel. An instrument of credit shall be
in a form approved by the county counsel, from a financial
institution regulated by the state or federal government pledging
that the funds necessary to meet the performance are on deposit
and guaranteed for payment on demand and agreeing that the funds
designated by the instrument shall become trust funds for the
purposes set forth in the instrument.
(c) Amount. The amount of the security shall be determined
by the zoning administrator and shall be in an amount sufficient
to pay for the pick-up and disposal of trash, litter and garbage
required by section 88-16.006 approximately fifteen (15) times.
Should the amount of the security deposited fall below the amount
required to be deposited, the difference shall be deposited
forthwith so that at all times the County has access to the
amount of security required by this section.
(d) Performance bond - notice of default. When the
security deposited is in the form of a surety bond, and the
Director of Community Development finds that a default has
occurred in the performance of any term or condition imposed
pursuant to this Chapter, he shall give written notice thereof to
the principal and surety on the bond, stating the work to be
done, its estimated cost, and the period of time reasonably
necessary to perform the condition.
(e) Performance bond - duty of surety. After receiving a
notice of default, the surety shall have the required work
performed within the time specified in the notice.
(f) Other security - notice of default. Whenever the
instrument deposited is in the form of a cash deposit or
instrument of credit, and the Director of Community Development
finds that a default has occurred in the performance of any term
or condition imposed pursuant to this Chapter, he shall give
written notice to the principal of those matters set forth in
subdivision (d) of this section. If the principal does not
comply with the notice within the specified time, the director of
community development may use any deposited cash to have the work
done by contract or other means discretionary with the director
of community development, or if the security is in the form of an
instrument of credit, he may demand immediate payment of the
necessary funds from the financial institution, and use the funds
as he would a cash deposit.
(Ord. 89-_.�._ S 2. )
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99-1s.012 Alternative requirements. Upon a showing of good
cause relating to the physical situation of the take-out food
establishment, the zoning administrator may modify the
requirements imposed by section 66-16.008, provided such modified
requirements are consistent with the intent of this chapter.
(Ord. 89-5 S 2. )
88-16.014 Rea irements none:clusive. The requirements of
this Chapter are in addition to all other requirements imposed by
law. Compliance with this Chapter does not authorize the
establishment, maintenance or operation of a take-out food ..,
establishment without complying with all other applicable "
requirements of this title and code on the establishment,
maintenance or operation of such business.
(Ord. 99-5 S 2. )
QS-1¢.016 Enforcement. In addition to any other remedy
available under the law, a violation of any requirement of this
Chapter, or any condition imposed pursuant to this Chapter, is
also enforceable pursuant to the provisions of sections 26-2.2020
through 26-2.2030, inclusive.
(Ord. 69- 5 S 2. )
SECTION IV. EFFECTIVE DATE. This ordinance becomes effective 30
days after passage, and within 15 days of passage shall be
published once with the names of the supervisors voting for and
against it in the Contra Costa Times, a newspaper published in
this County.
PASSED on January 10, 1989 by the following vote:
AYES: Supervisors Powers, Fanden, McPeak, Torlakson, Schroder.
NOES: None.
ASSENT: None.
ABSTAIN: None .
ATTEST: Phil Batchelor, Clerk of
the Board of Supervisors and
County Administrator
By: I AO
Deputy Board Chair
[SEAL]
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ORDINMCE NO. 89- 5