The following terms used in this chapter shall have the meanings
indicated below; provided, however, said definitions shall also include
any amendments or changes made to referenced sections of the California
Health and Safety Code after January 1, 1991:
"Commissary"
shall be as defined in Section 27513 of the California Health
and Safety Code.
"Food facility"
shall be as defined in Section 27521 of the California Health
and Safety Code.
"Inspector"
shall mean an environmental health specialist, as defined
in
Health and Safety Code Section 517, employed by the health department,
or the health officer or any deputy health officer authorized to inspect
premises or equipment for the enforcement of this article.
"Person"
shall be as defined in Section 27530 of the California Health
and Safety Code.
"Premises"
shall include 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 establishments
or food facilities or on such premises.
"Produce stand"
shall be as defined in Section 27533 of the California Health
and Safety Code.
"Receipt"
shall mean a county public health services fee receipt.
"Vehicle"
shall be as defined in Section 27540 of the California Health
and Safety Code.
"Vending machine"
shall be as defined in Section 27541 of the California Health
and Safety Code.
"Vending machine business"
shall mean 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.
(Ord. 92-O-111, 1992)
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 thereafter issue a
certificate stating what modifications, if any, are required for compliance
with applicable laws and ordinance.
(Ord. 92-O-111, 1992)
The building department of the city shall notify the health
department when plans are received to build or remodel a food establishment.
A building permit shall not be issued until the health department
has approved the plans.
(Ord. 92-O-111, 1992)
A permit issued under this chapter or its predecessor may be
suspended or revoked under the procedure set forth in this article
for any of the following reasons:
(2) Violation
of this chapter;
(3) Violation
of the rules and regulations adopted pursuant to this chapter; or
(4) Upon
recommendation by the health officer.
(Ord. 92-O-111, 1992)
When any laws, this chapter, or rules and regulations have been
violated, an inspector may serve written notice thereof entitled "Notice
of Violation," specifying:
(1) The
acts or omissions with which the permittee is charged;
(2) The
provision or provisions violated thereby;
(3) The
corrective steps required;
(4) The
date by which all such corrections must be completed, allowing a reasonable
period therefor;
(5) That
the permittee has a right to a hearing upon written request or that
a mandatory hearing has been scheduled;
(6) 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 nine a.m. of the date specified under subsection
(4) above, the permit will be subject to suspension or revocation from that time until all violations have been corrected.
(Ord. 92-O-111, 1992)
In addition to all other applicable provisions of the Health
and Safety Code and of this chapter, mobile food preparation units
shall comply with the following safety requirements:
(1) 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.
(2) 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.
(3) All
equipment installed within the interior of the unit, including the
interiors of cabinets or compartments, shall be constructed so as
to be free of sharp or jagged edges.
(4) 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.
(5) 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.
(6) High
voltage (110-220 volt) 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.
(7) Attached,
firmly anchored seats with backrests, equipped with seat belts, shall
be provided for all occupants. If a jump seat in the aisleway is utilized,
it shall fold in a manner that will clear the aisleway when not in
use and be held with a self-latching mechanism. Seats and backrests
shall be at least 35.5 centimeters by 35.5 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.
(8) A
first-aid kit approved by the health officer shall be provided and
located in a convenient area in the enclosed case.
(9) 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:
(A) The LP gas tanks and relief valves shall be ASME-approved for intended
use.
(B) 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.
(C) Tanks and regulators shall be separated from any open flame by a
vapor-tight partition.
(D) 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:
(i) All tanks valves and fittings shall be readily accessible from outside
the unit.
(ii)
The tank safety relief valve shall be vented to the outside
and directed downward.
(iii)
The filling shall be done through an outside door to the compartment.
(iv)
The compartment shall be vented to the exterior of the unit
so as to prevent accumulation of gas.
(E) Tubing that passes through partitions shall be protected by grommets
made of rubber or other approved materials.
(F) Tubing exposed to friction shall be protected against chafing.
(G) Expansion and contraction bends shall be made in the tubing between
the tank and the appliance.
(H) ASME-approved LP gas tubing or standard weight pipe shall be use
throughout.
(I) Protective "thread" caps shall be installed on fill-line check valves.
(J) Every appliance fueled by LP gas shall be equipped with a pilot light
attachment and provided with an ASME-approved device which will automatically
shut off all gas to the appliance if the pilot light should be extinguished.
(10) A minimum 5 B.C.-rated portable fire extinguisher (UL or State Fire
Marshall 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.
(Ord. 92-O-111, 1992)
In addition to the requirements specified in Section
8.12.080, "Mobile food preparation units generally," mobile food preparation units which operate at more than one location in any calendar day, shall comply with the following additional requirements:
(1) 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.
(2) Deep
fat 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 which 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.
(3) 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,
their insert food containers and similar equipment that contains hot
liquids or hot foods shall have positive closing lids to contain all
such liquids or foods 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 which 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.
(4) An
alternate 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 operable by hand without special tools or key. The exit shall be
labeled "Safety Exit" in contrasting colors with at least 2.54 centimeters
(one inch) high letters.
(Ord. 92-O-111, 1992)
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
8.12.020, "Permit required—Conditions and terms" or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the premises.
(Ord. 92-O-111, 1992)
When any permit is first suspended hereunder, or when any premises
governed by this chapter 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 which
will not endanger the public health. If the permittee or his 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.
(Ord. 92-O-111, 1992)
The health officer may adopt and enforce rules and regulations
necessary to administer this chapter including, but not limited to,
regulations pertaining to:
(1) Forms
for applications, permits and notices;
(2) Forms
and procedures for hearings upon the granting, denying, suspending,
revoking or reinstating of permits;
(3) Inspection
of premises and reporting thereon.
(Ord. 92-O-111, 1992)
Any person violating any of the provisions of this chapter shall
be guilty of a misdemeanor.
(Ord. 92-O-111, 1992)
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.
(Ord. 92-O-111, 1992)
This chapter shall be enforceable within the territory in which
the health officer enforces any state statute, order, quarantine or
rule or regulation of any state office or department relating to public
health, within the city.
(Ord. 92-O-111, 1992)