The following terms used in this chapter shall have the meanings
indicated below. Other terms used in this chapter shall have the same
meanings as are set forth in the California Uniform Retail Food Facilities
Law,
Health and Safety Code Section 27500 et seq., and as may be amended:
"Inspector"
means an environmental health specialist, as defined in the
Health and Safety Code Section 106615, 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.
"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.
"Receipt"
means a county public health services fee receipt.
"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.
(Prior code 6380; Ord. 51-66; Ord. 32-70; Ord. 36-73; Ord. 32-78; Ord. 8-80; Ord. 11-95; Ord. 4-00)
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 chapter.
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
unit 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 an 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
of 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.
(Prior code 6380.1; Ord.
51-66; Ord. 36-73; Ord. 32-78; Ord.
8-80; Ord. 11-95)
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 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.
(Prior code 6380.2; Ord.
51-66; Ord. 36-73; Ord. 32-78; Ord.
11-95)
A permit issued under this chapter or its predecessors 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.
(Prior code 6380.4; Ord.
51-66; Ord. 36-73; Ord. 32-78; Ord.
11-95)
When any state laws, rules or 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 if 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 are corrected.
(Prior code 6380.5; Ord.
51-66; Ord. 36-73; Ord. 32-78; Ord.
11-95)
The hearing shall be held by the Health Officer or duly authorized
representative who is a qualified environmental health specialist
as defined in
Health and Safety Code Section 106615 and registered
as provided in
Health and Safety Code Section 106710, but shall not
be the inspector who reported the violations or who inspected any
corrective measure taken.
A. The
permittee 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 the 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.
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.
B. 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.
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.
(Prior code 6380.6; Ord.
51-66; Ord. 36-73; Ord. 32-78; Ord.
11-95; Ord. 4-00)
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:
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 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 76 inches or the fixture shall be installed out of the traffic
aisle or work area;
F. High
voltage (110-120v) electrical wiring shall be properly installed in
electrical conduit with all splices or connections being made within
junction, outlet, or switch so as to prevent the use of extension
cords exceeding six feet. Outside electrical connection receptacles
shall be of weatherproof design with cover;
G. Attached
and 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 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
LPG-gas tanks and relief valves shall be ASME-approved for intended
use;
2. LPG
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. LPG
tanks and regulators shall be separated from any open flame by a vapor-tight
partition;
4. When
LPG 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 fitting 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
LPG 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 LPG 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
B.C.-rated portable fire extinguisher (UL of 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. 8-80; Ord. 11-95)
In addition to the requirements specified in Section
5.46.070 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 sudden stop, collision or overturn of
the unit.
Such lids shall be designed and constructed so as to prevent
pressure build-up which would 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,
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 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 one inch letters.
(Ord. 8-80; Ord. 11-95)
It shall be a violation of this chapter for any person to deny
or hinder entry by any inspector for the purpose of inspecting any
of the premises, and in such event the inspector may suspend the food
vending permit issued for the premises.
(Prior code 6380.7; Ord.
51-66; Ord. 36-73; Ord. 32-78; Ord.
11-95)
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 a 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.
(Prior code 6380.8; Ord.
51-66; Ord. 36-73; Ord. 32-78; Ord.
11-95)
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 or her
employee in charge cannot be found, or is unwillingly 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.
(Prior code 6380.9; Ord.
51-66; Ord. 36-73; Ord. 32-78; Ord.
11-95)
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. Inspections
of premises and reporting thereon.
(Prior code 6380.10; Ord.
51-66; Ord. 36-73; Ord. 32-78; Ord.
11-95)
Any person violating any of the provisions of this chapter shall
be deemed guilty of a misdemeanor.
(Prior code 6380.11; Ord.
36-73; Ord. 32-78; Ord. 1-80; Ord.
11-95)
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. 11-95)