"Temporary food handling facility"
includes any booth, stand or any other facility operated by any church, church society, private club or other nonprofit association of a religious, philanthropic, civic improvement, social, political, or educational nature on City-owned or City-controlled property, and which is conducted as part of an event declared by the City Council by resolution as having significance for all, or substantially all, of the citizens of the City and which is either regularly celebrated in the City or is a special celebration of citywide significance unique to the City, and which:
1. 
Purchases food or beverages for service or sale at a reasonable charge to its members or to the general public at occasional fund raising events without regard to the place of consumption of such food; and
2. 
Does not provide such service or sale of food or beverages as a primary purpose or function of the church, club, or association; and
3. 
Does not assign any employee or member of the church, club, or association on a full-time basis to care for or operate equipment used in the sale or service of such food or beverages; and
4. 
Operates such facility for a period of two weeks or less.
(Prior code 6390; Ord. 32-78)
A. 
Ingredients used in the preparation of food or beverages and all food or beverages offered for service or sale shall be produced, prepared, compounded, packed, stored, transported and kept for sale and serviced so as to be pure, free from adulteration and spoilage and otherwise be fit for human consumption.
B. 
All food or beverages shall be stored, displayed, dispensed, placed and served so as to be protected from dust, flies, vermin, pollution by rodents, unnecessary handling, droplet infection and other contamination. All food or beverages, whether or not in a container, shall be stored at least six inches above the floor.
(Prior code 6390.1(a)(1),(2); Ord. 17-78; Ord. 32-78)
All frozen food shall be kept at a temperature which will keep such food in a frozen state until ready for preparation, sale or service. No food which has been completely thawed shall be refrozen.
(Prior code 6390.1(a)(3)a; Ord. 17-78; Ord. 32-78)
A. 
All readily perishable food or beverages capable of supporting rapid and progressive growth of micro-organisms which can cause food infections or food intoxications, when being maintained hot for sale or service, shall be kept in devices which maintain the temperature of all portions of the food or beverages above 140 degrees Fahrenheit.
B. 
All other such readily perishable food or beverages shall be maintained at or below a temperature of 45 degrees Fahrenheit. No such readily perishable food or beverage which is to be sold or served shall be held above such temperature for such period of time and under such conditions which can cause food intoxication.
C. 
In all cases where such perishable food or beverages are kept, an accurate thermometer suitable for measuring temperature of food shall be kept available.
(Prior code 6390.1(a)(3)b; Ord. 17-78; Ord. 32-78)
All utensils used in the storage, display, service or sale of food must be maintained in a clean and sanitary condition. Only single service eating and drinking utensils shall be used. Drinking straws, if used, shall be factory wrapped.
(Prior code 6390.1(b); Ord. 17-78; Ord. 32-78)
Any person engaging in the sale or service of food or beverages, under this chapter, shall be free from colds, open sores, and in good health. Hair must be confined adequately so as to prevent entry of hair into any food or beverage. No smoking, vaping, or use of tobacco or cannabis in any form shall be permitted in any temporary food handling facility and signs shall be posted in conspicuous places giving notice thereof.
(Prior code 6390.1(c); Ord. 17-78; Ord. 32-78; Ord. 07-24, 5/14/2024)
All temporary food handling facilities, as defined in Section 5.48.010 shall be conveniently located to sanitary handwashing facilities which must have single service soap and towels for handwashing.
(Prior code 6390.1(d); Ord. 17-78; Ord. 32-78)
No insecticide or other poisonous substance shall be stored in any food preparation area or anywhere food products are kept, stored, or served except that a separate cabinet may be provided for that purpose. All poisonous substances shall be specifically and plainly labeled as to contents and hazardous use. No insecticide or other poisonous substance shall be used in a manner which would cause contamination of food or utensils.
(Prior code 6390.1(e); Ord. 17-78; Ord. 32-78)
No live animal, bird, or fowl shall be kept or allowed in any area where food or beverage is prepared, stored, kept, or served, except that this shall not include service dogs being used by an individual with a disability.
(Prior code 6390.1(f); Ord. 17-78; Ord. 32-78; Ord. 07-24, 5/14/2024)
All temporary food handling facilities shall also comply with any further standards for cleanliness and food protection as required by the Orange County Health Department, and which are consistent with this chapter.
(Prior code 6390.1(g); Ord. 17-78; Ord. 32-78)
The County Health Officer or duly authorized representative may at all reasonable times inspect temporary food handling facilities, as defined in Section 5.48.010, to determine whether such facilities are in compliance with this chapter.
(Prior code 6390.2(a); Ord. 17-78; Ord. 32-78)
When this chapter has been violated, an inspector may serve written notice thereof entitled "Notice of Violation," specifying:
A. 
The acts and conditions constituting each violation;
B. 
The provision or provisions violated thereby;
C. 
The corrective steps required;
D. 
The date and time by which all such corrections must be completed, allowing a reasonable period therefor.
(Prior code 6390.2(b); Ord. 17-78; Ord. 32-78)
Whenever an inspector finds unsanitary or other conditions in the operation of any temporary food handling facility which, in his or her judgment, constitute an immediate and substantial hazard to the public health, he or she shall issue a written notice, including the information in Section 5.48.130 "Violation—Notice," to the person in charge of the temporary food handling facility to cease operation. Any person to whom such an order is issued shall immediately comply therewith.
(Prior code 6390.2(c); Ord. 17-78; Ord. 32-78)
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not less than $25.00 and not more than $500.00, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment.
(Prior code 6390.2(d); Ord. 17-78; Ord. 32-78; Ord. 1-80)