The provisions of this chapter and of other city ordinances
and state laws and regulations relative to health and sanitation apply
to food vending vehicles.
(Ord. 180, 1990)
Whenever in this article the following terms are used, they
shall have the meanings respectively ascribed to them in this section:
"Prepared food vending vehicle"
means a food vending vehicle from which any food or beverage
product is sold, given away, displayed or offered for sale, at retail,
other than an unprepared food vending vehicle, catering truck, bakery
truck, or ice cream or ice cream product truck.
"Unprepared food vending vehicle"
means a food vending vehicle from which is sold, given away,
displayed or offered for sale, at retail, any raw or unprepared food
or food product including, but not limited to, fruits, vegetables,
produce, meats, fish, poultry or seafood.
(Ord. 180, 1990)
No person shall stop or park a food vending vehicle on a public
thoroughfare for the purpose of selling, giving away, displaying or
offering for sale any food or beverage product except for a period
of time sufficient to consummate an immediate sale or sales. No person
shall stop, park or cause any food vending vehicle to remain on any
public property except pursuant to the order of a lawful authority
or for the purpose of making emergency repairs to the vehicle; in
no event shall any person sell or give away any food or beverage product
from a food vending vehicle while on any public property, other than
a thoroughfare. No person shall stop, park or cause a food vendor
to remain on any private property for the purpose of selling, giving
away, displaying or offering for sale any food or beverage product
to any person other than the owner of such property or his agents,
customers or employees. Water flush toilet facilities for the use
of food service personnel shall be available within one hundred feet
of the vehicle whenever it is stopped to conduct business for more
than a one hour period.
(Ord. 180, 1990)
No person shall operate, or cause to be operated, a food vending
vehicle unless it is furnished with mechanical refrigeration equipment,
in good working order, sufficient to maintain perishable food and
beverage products at a temperature not in excess of forty-five degrees
Fahrenheit, except that frozen perishable foods may be refrigerated
with dry ice.
(Ord. 180, 1990)
No person shall operate, or cause to be operated, a food vending
vehicle that does not display a valid certificate of inspection, or
that does not display on each exterior side of the vehicle, in letters
not less than four inches high, the name of the owner or the fictitious
name under which he operates, and business address and telephone number
of the owner, and the distinctive identifying number or symbol assigned
to the vehicle by the department of public health. Such lettering
shall be permanently affixed to the vehicle by painting, decal or
other method approved by the health department.
(Ord. 180, 1990)
The interior and the exterior of every food vending vehicle
and all equipment therein, shall have smooth, washable surfaces and
shall be maintained in good repair and in a sanitary manner.
(Ord. 180, 1990)
No person shall operate, or cause to be operated, an unprepared
food vending vehicle without complying with all of the following regulations:
A. All
tools, implements and receptacles shall be kept in a clean and sanitary
condition.
B. Sufficient
fly-tight containers, of metal or some other approved substance, shall
be provided for the disposal of trimmings and refuse and shall be
emptied and washed daily.
C. No fish,
poultry or other animal shall be cleaned in a food vending vehicle,
nor shall the entrails of any fish, poultry or other animal be there
removed. No fish, poultry, meat or meat products shall be cut, processed
or otherwise prepared in a food vending vehicle.
D. Scales
and other weighing devices shall be protected from dust, dirt, flies
and other vermin and contaminants.
E. Every
unprepared food vending vehicle shall be inspected at least semiannually
on dates scheduled by the health officer, or more often if the health
officer so requires. The vending vehicle shall be fully loaded and
ready for operation at the time of such inspection. The health officer
shall issue a certificate of inspection if his inspection discloses
that the vehicle conforms to the requirements of this code. The certificate
of inspection shall expire six months from and after the date of its
issue, and shall specify the particular food and beverage products
authorized to be sold or otherwise distributed from the vehicle.
F. Every
unprepared food vending vehicle shall establish within the county
a headquarters which shall be used only for cleaning the vehicle,
and storage of food products to be sold or distributed from the vehicle.
(Ord. 180, 1990)
No person shall operate, or cause to be operated, a prepared
food vending vehicle without complying with all of the following requirements:
A. Such
person shall establish, within the county, a service room which meets
all of the requirements of this chapter applicable to food establishments.
The service room shall be used for the preparation and/or temporary
storage, at temperatures required by this chapter, or food and beverage
products prior to the delivery thereof to a food vending vehicle.
Unless written authorization from the director of public health to
do otherwise is first obtained, food vending vehicles shall be stocked
only at and with food and beverage products prepared or stored at
the service room. No food or beverage product shall be sold or otherwise
distributed from a food vending vehicle unless such product was prepared
in a service room or in a food establishment, for either of which
a valid permit is held, or in some other sanitary location appropriate
for such preparation which is regularly inspected by some recognized
health department inspection service approved by the director of public
health. Food or beverage products not prepared in such service room
or establishment shall be stored at a service room prior to delivery
to the food vending vehicle.
B. All
prepared food, not including coffee or hot water, sold, given away,
bartered, or distributed from a food vending vehicle shall be packaged
at a service room or other fixed location approved by the health officer.
C. All
readily perishable foods, as defined by Section 28648.5, California
Health and Safety Code, shall meet the following requirements:
1. No
product shall be sold more than ninety-six hours after preparation.
2. All
such products, at the time of preparation, shall be clearly marked
with the last date the food may be sold.
3. Dairy
products may not be sold beyond the quality assurance date on the
package.
However, readily perishable foods which are frozen at the time of preparation may be sold beyond the ninety-six hour interval, provided handling of such frozen foods is in compliance with the provisions of Section
8.04.450 which relate to frozen sandwiches. The date of heating such frozen foods must be affixed to the package at the time of heating and such package may not be sold after said date.
D. Every
prepared food vending vehicle shall be inspected, on dates scheduled
by the health officer, as often as he deems such inspections necessary.
The vending vehicle shall be fully loaded and ready for operation
at the time of such inspection. The health officer shall issue a certificate
of inspection if his inspection discloses that the vehicle conforms
to the requirements of this code.
E. All
foods found not to be in conformance with the provisions of this section
shall be quarantined by the health officer. Foods under quarantine
shall be disposed of by the permittee in a manner approved by the
health officer.
F. Notwithstanding subsections
A and
B of this section, the health officer may permit vehicles upon which food is prepared and packaged to be operated at fairs, circuses, carnivals, rodeos, parades, sports tournaments, or at other similar events open to the general public. A separate health permit shall be required for each such event, and a fee of twenty dollars per vehicle shall be paid by the person applying for such permit at the time of making application. The public event permit shall be valid only for the duration of the public event. Whenever such a food preparation vehicle remains at one public event location for a period exceeding twenty-four hours continuously, daily disposal of both liquid and solid wastes in a manner approved by the health officer shall be provided by the permittee.
G. Notwithstanding subsection
F of this section, a single permit may be issued for a vehicle upon which food is prepared and packaged for more than one public event where the operation is limited to one site, and the days of operation during any calendar year do not exceed fifteen. As a condition of such permit, the permittee shall notify the health officer in writing of any intended operation of the vehicle at least two days prior to said operation.
(Ord. 180, 1990)
Food vending vehicles shall be used for no purpose other than
those purposes permitted by this chapter, unless the health officer
has approved in writing some other proposed use of such vehicle.
(Ord. 180, 1990)