The following terms used in this article 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.
"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. No. 882, § 1, 4-13-92)
(a) It
shall be unlawful for any person to operate any food facility, vending
machine business, food processing establishment, or any other food
handling business governed by this article, without first applying
for and receiving a food vending permit issued by the health department
under the provisions of this article.
(b) Every
applicant for a food vending permit shall file with the health department
a written application which shall state the name and address of the
applicant, the character and location of the activity for which a
permit is required under this article and such other information as
the health department may require. Applicants for a permit to operate
a mobile food preparation vehicle shall, in addition, provide a list
of three service stops which shall include the address or 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 application
provisions of law or regulation. Any food facility, vending machine
business, food processing establishment, or any other food handling
business governed by this article, 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 vehicle for which it is
issued.
(Ord. No. 882, § 1, 4-13-92)
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 article, 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 ordinances.
(Ord. No. 882, § 1, 4-13-92)
A permit issued under this article or its predecessor may be
suspended or revoked under the procedure set forth in this article
for any of the following reasons:
(b) Violation
of this article;
(c) Violation
of the rules and regulations adopted pursuant to this article; or
(d) Upon
a recommendation by the health officer.
(Ord. No. 882, § 1, 4-13-92)
When any laws, this article, 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.
(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) above, the permit will be subject to suspension or revocation from that time until all violations have been corrected.
(Ord. No. 882, § 1, 4-13-92)
(a) The
hearing shall be held by the health officer or his or her duly authorized
representative who is a qualified environmental health specialist
as defined in Section 517 of the
Health and Safety Code and registered
as provided in Section 529 thereof, but shall not be the inspector
who reported the violations or who inspected any corrective measure
taken.
(b) 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 fifteen-day period
to expedite the permit suspension or revocation process.
(c) 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.
(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.
(Ord. No. 882, § 1, 4-13-92)
In addition to all other applicable provisions of the health
and safety code and of this article, mobile food preparation units
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 constructed 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 flushmounted 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 (110 to 220 volts) 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 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.
(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 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 vaportight
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 the 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 which 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 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.
(Ord. No. 882, § 1, 4-13-92)
In addition to the requirements specified in section
13-2 (mobile food preparation units generally) above, mobile food preparation units, which 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
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 kept positively closed while the unit is in motion. Signs
setting forth the latter requirement 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,
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 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.
(d) 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. No. 882, § 1, 4-13-92)
It shall be a violation of this article for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the premises described in section
13-1.1 (permit required; conditions and terms) above, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the premises.
(Ord. No. 882, § 1, 4-13-92)
(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), 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.
(Ord. No. 882, § 1, 4-13-92)
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 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. No. 882, § 1, 4-13-92)
The health officer may adopt and enforce rules and regulations
necessary to administer this article 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.
(Ord. No. 882, § 1, 4-13-92)
Any person violating any of the provisions of this article shall
be guilty of a misdemeanor.
(Ord. No. 882, § 1, 4-13-92)
This article 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. No. 882, § 1, 4-13-92)