The following terms used in this chapter shall have the meanings
indicated below; provided, however, the definitions shall also include
any amendments or changes made to referenced sections of the California
Health and Safety Code after January 1, 1991:
"Commissary"
is defined in Section 113751 of the California Health and
Safety Code.
"Food facility"
is defined in Section 113789 of the California Health and
Safety Code.
"Inspector"
means a registered environmental health specialist, as defined
in California
Health and Safety Code Section 106615, employed by the
Health Department, or health officer, or any deputy health officer
authorized to inspect premises or equipment for the enforcement of
this chapter.
"Person"
is defined in Section 113855 of the California Health and
Safety Code.
"Premises"
means and includes land, buildings, vehicles, and ships and
other vessels wherein food is handled, stored, distributed, prepared,
processed, served, or sold, and also equipment installed or used in
food facilities or on such premises.
"Produce stand"
is defined in Section 113879 of the California Health and
Safety Code.
"Vending machine"
is defined in Section 13938 of the California Health and
Safety Code.
"Vending machine business"
means the business of selling food or beverages by means
of vending machines regardless of the number of locations at which
the vending machines are located.
(2241 § 1, 1992; 2803 § 1, 2011)
A. It is
unlawful for any person to operate any food facility, vending machine
business, food processing establishment, or any other food handling
business governed by this chapter without first applying for and receiving
a food vending permit issued by the Health Department under the provisions
of this chapter.
B. Every
applicant for a food vending permit shall file with the Health Department
a written application that shall state the name and address of the
applicant, the character and location of the activity for which a
permit is required under this chapter, and such other information
as the Health Department may require. Applicants for a permit to operate
a mobile food preparation unit shall, in addition, provide a list
of three service stops that shall include the address of exact location
and time of each stop.
C. A permit
may be issued when investigation has determined that the proposed
facility and its method of operation will conform to all applicable
laws and regulations. A permit, once issued, is nontransferable. A
permit shall be valid only for the person, location, type of food
sales, or distribution activity approved and, unless suspended or
revoked, for the time period indicated.
D. Any
permit may be suspended or revoked for a violation of any applicable
provisions of law or regulation. Any food facility, vending machine
business, food processing establishment, or any other food handling
business governed by this chapter, for which the permit has been suspended
or revoked, shall close and remain closed until the permit has been
reinstated or until a new permit has been issued.
E. Permits
may be granted at any time during the year. A permit shall be posted
in a conspicuous place on the premises or vehicles for which it is
issued.
(2241 § 1, 1992; 2803 § 1, 2011)
A person proposing to build or remodel a food facility, vending
machine business, food processing establishment, or any other food
handling business governed by this chapter, shall submit three copies
of the complete plans and specifications to the Department for review
and approval pursuant to the applicable requirements of the California
Health and Safety Code. The Health Officer may issue a certificate
therefor stating what modifications, if any, are required for compliance
with applicable laws and ordinances.
(2241 § 1, 1992; 2803 § 1, 2011)
A permit issued under this chapter or its predecessor may be
suspended or revoked under the procedure set forth in this chapter
for any of the following reasons:
B. Violation
of this chapter;
C. Violation
of the rules and regulations adopted pursuant to this chapter; or
D. Upon
recommendation by the Health Officer.
(2241 § 1, 1992; 2803 § 1, 2011)
When any laws, this chapter, or rules and regulations have been
violated, an inspector may serve written notice thereof entitled "Notice
of Violation," specifying:
A. The
acts or omissions with which the permittee is charged;
B. The
provision or provisions violated thereby;
C. The
corrective steps required;
D. The
date by which all such corrections must be completed, allowing a reasonable
period therefor;
E. That
the permittee has a right to a hearing upon written request or that
a mandatory hearing has been scheduled; and
F. That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the Health Department does not receive notice that all such corrections have been made before 9:00 a.m. of the date specified under subsection
D of this section, the permit will be subject to suspension or revocation from that time until all violations have been corrected.
(2241 § 1, 1992; 2803 § 1, 2011)
A. The
permit holder shall have the right to a hearing, if requested, on
all violations listed in the notice. A written request for a hearing
shall be made by the permittee within 15 calendar days after receipt
of the notice. A failure to request a hearing within 15 calendar days
after receipt of the notice shall be deemed a waiver of the right
to a hearing. When circumstances warrant, the hearing officer may
order a hearing at any reasonable time within this 15-day period to
expedite the permit suspension or revocation process.
B. The
hearing shall be held within 15 calendar days of the receipt of a
request for a hearing. Upon written request of the permittee, the
hearing officer may postpone any hearing date, if circumstances warrant
such action.
C. The
hearing shall be held by the Health Officer, or his or her duly authorized
representative who is a registered environmental health specialist
as defined in Section 106615 of the
Health and Safety Code and registered
as provided in Section 106630 of the
Health and Safety Code, but shall
not be the inspector who reported the violations or who inspected
any corrective measure taken.
D. At the
conclusion of the hearing, the hearing officer shall issue a written
notice of decision to the permittee within five working days following
the hearing. In the event of a suspension or revocation, the notice
shall specify the acts or omissions with which the permittee is charged,
and shall state the terms of the suspension, or that the permit has
been revoked.
E. The
Health Officer may, after providing opportunity for a hearing, modify,
suspend, or revoke a permit for serious or repeated violations of
any of the requirements of the applicable laws, rules, and regulations.
(2241 § 1, 1992; 2803 § 1, 2011)
In addition to all other applicable provisions of the Health
and Safety Code and of this chapter, mobile food facilities shall
comply with the following safety requirements:
A. Compressors,
auxiliary engines, generators, batteries, battery chargers, gas-fueled
water heaters, and similar equipment shall be installed so as to be
accessible only from the outside of the unit.
B. All
equipment installed in any part of the unit shall be secured so as
to prevent movement during transit and to prevent detachment in the
event of a collision or overturn.
C. All
equipment installed within the interior of the unit, including the
interiors of cabinets or compartments, shall be construed so as to
be free of sharp or jagged edges.
D. All
utensils shall be stored so as to prevent their being hurled about
in the event of a sudden stop, collision, or overturn. A safety knife
holder shall be provided to avoid loose storage of knives in cabinets,
boxes, or slots along counter aisles. Knife holders shall be designed
to be easily cleaned and be manufactured of materials approved by
the Health Officer.
E. Ceiling
light fixtures shall be recessed or flush-mounted and sealed, and
shall be equipped with safety covers approved by the Health Officer.
The minimum clearance from the floor to the light fixture shall be
at least 188 centimeters (76 inches) or the fixture shall be installed
out of the traffic aisle or work area.
F. High
voltage (110v-120v) electrical wiring shall be properly installed
in electrical conduit with all splices or connections being made within
junction, outlet, or switch as to prevent the use of extension cords
exceeding 183 centimeters (six feet). Outside electrical connection
receptacles shall be of weatherproof design with cover.
G. Attached,
firmly anchored seats with backrests, equipped with seat belts, shall
be provided for all occupants. If a jump seat in the aisle way is
utilized, it shall fold in a manner that will clear the aisle way
when not in use and be held with a self-latching mechanism. Seats
and backrests shall be at least 35-5/10 centimeters by 35-5/10 centimeters
(14 inches by 14 inches) in size. All occupants shall be seated, shall
wear seat belts, and shall not cook or prepare food while the unit
is in motion. Signs setting forth the latter three requirements shall
be posted in both English and Spanish.
H. A first-aid
kit approved by the Health Officer shall be provided and located in
a convenient area in an enclosed case.
I. All
pressure cylinders shall be securely fastened to a rigid structure
of the unit. All liquefied petroleum gas (LPG) equipment shall be
installed as follows:
1. The
LP gas tanks and relief valves shall be American Society of Mechanical
Engineers (ASME)- approved for intended use;
2. Tanks
shall be securely fastened and located where they will normally not
be subject to damage. They may be in a body compartment or underneath
the body. The tank or fittings must not protrude beyond the body;
3. Tanks
and regulators shall be separated from any open flame by a vapor-tight
partition;
4. When
tanks are installed in a body compartment, the partitions shall be
sealed off from the rest of the body with no openings to the interior
except for the tubing. The following additional requirements shall
be met:
a. All tank valves and fittings shall be readily accessible from outside
the unit.
b. The tank safety relief valve shall be vented to the outside and directed
downward.
c. The filling shall be done through an outside door to the compartment.
d. The compartment shall be vented to the exterior of the unit so as
to prevent accumulation of gas.
5. Tubing
that passes through partitions shall be protected by grommets made
of rubber or other approved materials.
6. Tubing
exposed to friction shall be protected against chafing.
7. Expansion
and contraction bends shall be made in the tubing between the tank
and appliance.
8. ASME-approved
LP gas tubing or standard weight pipe shall be used throughout.
9. Protective
thread caps shall be installed on fill-line check valves.
10. Every appliance fueled by LP gas shall be equipped with a pilot light
attachment and provided with an ASME-approved device that will automatically
shut off all gas to the appliance if the pilot light should be extinguished.
J. A minimum
five B.C.-rated portable fire extinguisher [UL (Underwriters Laboratories)
or State Fire Marshal approved design]shall be installed in plain
sight and within easy reach immediately inside the front driver's
door. The extinguisher shall be replaced or recharged after each use.
(2241 § 1, 1992; 2803 § 1, 2011)
In addition to the requirements specified in Section
6.16.070, mobil
e food facilities that operate at more than one location in any calendar day shall comply with the following additional requirements:
A. Coffee
urns shall be installed in a compartment that will prevent excessive
spillage of coffee in the interior of the unit in the event of a sudden
stop, collision, or overturn, or, as an alternative to this requirement,
coffee urns shall be equipped with positive closing lids as well as
perforated metal protective sleeves on the glass liquid level sight
gauges.
B. Deep
fryers are prohibited, unless equipped with positive closing lids
to contain the fat and to prevent splashing or excessive spillage
in transit or in the event of a sudden stop, collision, or overturn
of the unit. Such lids shall be designed and constructed so as to
prevent pressure buildup that could result in an explosion. All lids
shall be kept positively closed while the unit is in motion. Signs
setting forth the latter requirements shall be posted in both English
and Spanish.
C. Water
bath or steam food insert tables shall be provided with baffles to
prevent surging in transit. All such tables, as well as dry heat units,
with insert food containers or similar equipment that contains hot
liquids or hot foods, shall have positive closing lids to contain
all such liquids or food and to prevent splashing or spillage in transit
or in the event of a sudden stop, collision, or overturn of the unit.
Such lids shall be designed and constructed so as to prevent pressure
buildup that could result in an explosion. All lids shall be positively
closed while the unit is in motion. Signs setting forth the latter
requirement shall be posted in both English and Spanish.
D. An alternative
means of exit in the side opposite the main exit door, or the roof,
or the rear of the unit, with unobstructed passage of 61 centimeters
by 92 centimeters (24 inches by 36 inches) minimum to the outside,
shall be provided. The interior latching mechanism shall be labeled
"Safety Exit" in contrasting colors with at least 2-54/100 centimeter
(one-inch) high letters.
(2241 § 1, 1992; 2803 § 1, 2011)
It shall be a violation of this chapter for any person to deny or hinder entry by any inspector for the purpose of inspection any of the premises described in Section
6.16.020, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the premises.
(2241 § 1, 1992; 2803 § 1, 2011)
A. If any
immediate danger to the public health or safety is found, unless the
danger is immediately corrected, an inspector may temporarily suspend
the permit and order the premises immediately closed. "Immediate danger
to the public health and safety" means any condition, based upon inspection
findings or other evidence, that can cause food infection, food intoxication,
disease transmission, or hazardous condition, including, but not limited
to, unsafe food temperature, sewage contamination, nonpotable water
supply, or an employee who is a carrier of a communicable disease.
B. Whenever
a permit is suspended as the result of an immediate danger to the
public health or safety, the inspector shall issue to the permittee
a notice setting forth the acts or omissions with which the permittee
is charged, specifying the pertinent Code section, and informing the
permittee of the right to a hearing.
C. At any time within 15 calendar days after service of a notice pursuant to subsection
B of this section, the permittee may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to such hearing.
(2241 § 1, 1992; 2803 § 1, 2011)
When any permit is first suspended hereunder, or when any premises
governed hereby shall have been closed for business and left in an
unsanitary condition, the Health Department shall have the power to
enter to ensure that the premises are closed down in a manner that
will not endanger the public health. If the permittee or his or her
employee in charge cannot be found or is unwilling or unable to remedy
the condition of the premises, the owner of the premises shall be
notified of the unsanitary conditions and shall be required to take
such remedial action as may be necessary to obviate such condition.
(2241 § 1, 1992; 2803 § 1, 2011)
The Health Officer may adopt and enforce rules and regulations
necessary to administer this chapter including, but not limited to,
regulations pertaining to:
A. Forms
for applications, permits, and notices.
B. Forms
and procedures for hearings upon the granting, denying, suspending,
revoking, or reinstating of permits.
C. Inspection
of premises and reporting thereon.
(2241 § 1, 1992; 2803 § 1, 2011)
Any person violating any of the provisions of this chapter shall
be guilty of a misdemeanor.
(2241 § 1, 1992; 2803 § 1, 2011)
This chapter shall not apply to any matter to which it concerns
to the extent that the regulation of such matter is preempted by state
law.
(2241 § 1, 1992; 2803 § 1, 2011)