This Ordinance shall be known as the "Compact Mobile Food Operation" ordinance.
(SCC 1751, 2/4/2025)
The purpose of this Chapter is to regulate compact mobile food operations within the County of Sacramento to ensure compliance with County ordinances and State laws, and to protect the public, prevent disturbances, and ensure food safety. This Chapter is enacted, in part, under the authority of Health and Safety Code Sections 113715, 113818, 113831, and 114368, as may be amended from time to time.
All definitions, authority, scope, responsibilities, requirements, standards, conditions, exemptions, procedures, and penalties described within state law are hereby adopted and incorporated herein. The provisions of this chapter are authorized pursuant to state law and are intended to supplement and not to pre-empt state law. Laws and regulations enacted by the state that surpass the requirements of this code, which pertain to health and sanitation, shall take precedence.
(SCC 1751, 2/4/2025)
The Board of Supervisors finds and declares that unregulated COMPACT MOBILE FOOD OPERATIONS are dangerous or injurious to the health or welfare of residents of the vicinity and is a public nuisance in that it creates conditions that impact public health, safety, or welfare. These regulations therefore directly relate to the objective health, safety, or general welfare of the community.
(SCC 1751, 2/4/2025)
1. "Compact mobile food operation" (CMFO)
means a single mobile food facility that operates from an individual or from a pushcart, stand, display, pedal-driven cart, wagon, showcase, rack, or other nonmotorized conveyance.
2. "Official Inspection Report (OIR)"
is the written notice prepared and issued by the Health Officer after conducting an inspection of a food facility to document compliance with all applicable federal, state, and local laws and regulations pertaining to the protection of the public health.
3. "Director"
means the Director of the Environmental Management Department or the Director's designee.
4. "Food"
shall mean any raw, cooked, or processed edible substance, ice, beverages, an ingredient used or intended for use or for sale in whole or in part for human consumption, and chewing gum.
5. "Impound"
means the legal control exercised by the enforcement officer over the use, sale, disposal, or removal of any food, equipment, or utensils.
6. "Vend" or "vending"
means to sell, offer for sale, expose or display for sale, solicit offers to purchase, or to barter food or merchandise, or to require someone to negotiate, establish or pay a fee before providing food or merchandise, even if characterized as a donation.
7. "Operator" and/or "employee"
means any person or owner engaged in the dispensing of, vending of, or assisting in the preparation of food or beverages, or any person otherwise employed in a CMFO.
8. "Owner" or "owners"
means those persons, partnerships or corporations who have a financially interest in the operation of a CMFO.
9. "Permit Sticker"
means a color-coded sticker that describes the annual permit status of the CMFO.
10. "Inspection"
shall mean a review of any CMFO to determine compliance with all applicable federal, state, and local laws and regulations pertaining to the protection of public health.
11. "Hearing Officer"
shall mean the Director or the Director's duly appointed designee.
12. "Health Officer"
shall mean the Health Officer of the County of Sacramento and their duly authorized agent or designee.
13. "Board of Supervisors"
means the Board of Supervisors of the County of Sacramento
14. "Limited food preparation"
has the same meaning as California Health and Safety Code Section 113818 as may be amended from time to time.
15. "California Retail Food Code"
means the provisions of the California Health and Safety Code, commencing with Section 113700, as may be amended from time to time.
16. "Sections"
unless otherwise specified, shall reference sections of the California Health and Safety Code, commencing with Section 113700, as may be amended from time to time.
(SCC 1751, 2/4/2025)
Except as otherwise provided by this Chapter, no person shall conduct or engage in a Compact Mobile Food Operation unless in compliance with the regulations set forth in this chapter.
(SCC 1751, 2/4/2025)
Laws and regulations enacted by the State of California that surpass the requirements of this Code which pertain to health and sanitation of food facilities shall take precedence and supersede the provisions of this Code.
(SCC 1751, 2/4/2025)
No person shall conduct or engage in a Compact Mobile Food Operation unless an active and valid health permit has been issued by the County's Environmental Management Department pursuant to Section 113851 and this Chapter.
(SCC 1751, 2/4/2025)
A.
Any compact mobile food operation with 25 square feet or less of display area from which only prepackaged non-potentially hazardous food and whole uncooked produce is sold is exempt from the requirements of this Section, except that the facility shall comply with all of the following:
B.
The Health Officer is authorized to inspect a compact mobile food operation that is exempt, as specified in subsection (A), during the facility's hours of operation and other reasonable times if a consumer complaint has been received or if just cause exists for the purpose of determining compliance with this chapter and any applicable State and Federal laws. A compact mobile food operation that is not exempt as specified in subsection (A) is subject to permitting requirements and routine inspections, and inspections based upon a consumer complaint or if just cause exists.
1.
The Health Officer or Director may recover the costs of investigation and enforcement of this section, subject to any limitations in this part on fines issuable to compact mobile food operations.
(SCC 1751, 2/4/2025)
A.
Compact mobile food operations shall only conduct limited food preparation. Notwithstanding any other provision of this part, a compact mobile food operation may display or sell food outdoors, if all of the following conditions are satisfied:
1.
Overhead protection is provided above all food display areas.
2.
Food items from the outdoor display are stored consistently with the California Retail Food Code at all times other than during business hours.
3.
Outdoor displays comply with Section 113980 and have been approved by the Health Officer.
B.
A compact mobile food operation shall not sell food other than non-potentially hazardous prepackaged food or whole produce, or conduct any food preparation, unless the applicable operational requirements of the California Retail Food Code, including applicable requirements for integral equipment, handwashing, and restroom access, are met.
C.
Equipment that is required to be integral to a compact mobile food operation shall either be permanently attached to the primary unit or securely fastened to the primary unit by means that would prevent unintentional removal. Equipment may be considered integral despite being portable or otherwise removable for cleaning, maintenance, or as part of its regular function.
D.
A compact mobile food operation conducted by an individual shall not include any food preparation or the selling of foods other than non-potentially hazardous prepackaged food or whole produce.
(SCC 1751, 2/4/2025)
A.
All compact mobile food operations are subject to the applicable requirements of both the California Health and Safety Code and the Sacramento County Code.
1.
A compact mobile food operation is exempt from Section 113947.1 if the operator and any individual who is involved in the preparation, storage, or service of food for the compact mobile food operation has obtained a food handler card that meets the requirements of Section 113948.
2.
A compact mobile food operation is exempt from the requirements of Section 114315 if the compact mobile food operation is conducted with multiple employees or operators and the compact mobile food operation may remain operable by a single individual so that employees or operators may alternate use of a restroom.
B.
A compact mobile food operation approved for limited food preparation that prepares raw meat, raw poultry, or raw fish is subject to warewashing and handwashing facility requirements as outlined in Chapter 10 (commencing with Section 114294) of the California Health and Safety Code.
1.
A compact mobile food operation may satisfy the requirements of Sections 114313 and 114314 by demonstrating access to a permitted auxiliary conveyance containing the necessary handwashing and warewashing sinks when operating at a site-specific location. The auxiliary conveyance may be operated by the same or a different permitholder. An enforcement agency may permit an auxiliary conveyance to serve multiple compact mobile food operations operating in close proximity to the auxiliary conveyance, as determined by the enforcement agency.
a.
If an auxiliary conveyance is not operated by the permitholder of the compact mobile food operation, the operator of the auxiliary conveyance shall obtain a permit from the enforcement agency to operate the auxiliary conveyance and service compact mobile food operations.
b.
The permit application for an auxiliary conveyance not operated by a compact mobile food operation shall include a site plan and shall be submitted to the enforcement agency at least two weeks prior to the operation of any food facility in conjunction with the auxiliary conveyance.
c.
The site plan for an auxiliary conveyance not operated by a compact mobile food operator shall show the proposed location and storage of the auxiliary conveyance, the proposed locations of any food facilities that will utilize the auxiliary conveyance, restrooms, refuse containers, potable water supply faucets, wastewater disposal facilities, and all shared warewashing and handwashing facilities.
2.
A compact mobile food operation approved for limited food preparation that does not prepare raw meat, raw poultry, or raw fish shall:
a.
Provide a three-compartment sink as described in subdivision (a) of Section 114313; or provide at least one two-compartment sink that complies with subdivision (e) of Section 114099.3; or provide a one-compartment sink with at least one integral metal drainboard, an adequate supply of spare preparation and serving utensils to replace those that become soiled or contaminated, and warewashing facilities that comply with subdivision (a) of Section 114313 in reasonable proximity to, and readily accessible for use by, food employees at all times.
b.
Maintain an adequate supply of spare preparation and serving utensils on the compact mobile food operation to ensure that utensils used for potentially hazardous foods are replaced with clean and sanitized utensils every four hours or as needed to replace those that become soiled or contaminated. A compact mobile food operation that complies with this paragraph is not required to provide a warewashing sink.
c.
Provide an integral handwashing sink with at least five gallons of potable water to operate with a potable water tank with a capacity of at least five gallons for handwashing.
d.
Be exempt from any provision of this Chapter which requires it be equipped with a water heater or otherwise be supplied with warm water.
C.
A compact mobile food operation shall submit to the Health Officer written operating procedures that include the process of filling potable water tanks if it will operate with a water tank with a capacity of less than the five gallons specified in subdivisions (c) and (d) of Section 114217.
1.
The Health Officer may permit a compact mobile food operation to operate with an integral water tank smaller than specified under subdivision (c) or (d) of Section 114217 if the enforcement agency finds that the compact mobile food operation is operating in an area and manner that would allow for replenishment of the water supply as needed during operations.
D.
At the end of each operating day, potentially hazardous food that is prepared on or served from a compact mobile food operation shall be destroyed in a manner approved by the Health Officer. This may include, but is not limited to, lawful disposal into a food waste receptacle.
E.
A compact mobile food operation shall submit to the Health Officer easily readable plans drawn to scale, with satisfactory specifications for each CMFO.
(SCC 1751, 2/4/2025)
A.
Storage of a CMFO, including but not limited to food, drinks, stands, utensils, and containers, shall occur only in accordance with this Chapter. Each location in which a CMFO is stored shall be issued a location endorsement by the Health Officer.
1.
Cottage Food Operations are permitted to store compact mobile food operations pursuant to the requirements of Section 114368.3(a) and upon approval of the Health Officer following an evaluation verifying that the storage will occur in a manner compliant with all legal requirements and will occur in a manner that protects the compact mobile food operation from contamination.
2.
Permanent Food Facilities. Existing permanent food facilities are permitted to operate compact mobile food operations and store CMFOs pursuant to the requirements of Section 114368.3 and upon approval of by the Health Officer following an evaluation verifying that a permanent food facility satisfies subdivisions (a) to (f), inclusive, of Section 114326 and verifies that the compact mobile food operation will be stored in a manner that protects the compact mobile food operation from contamination.
a.
Plan submission shall not be required for an existing permanent food facility to support the operations of a compact mobile food operation when a determination is made by the Health Officer that the current operation and structural facilities of the permanent food facility can successfully provide the necessary functions of a commissary for a compact mobile food operation.
3.
Private Homes are permitted to store compact mobile food operations pursuant to the requirements of Section 114368.3(a) and upon approval of the Health Officer following an evaluation verifying that the storage will occur in compliance with all legal requirements and will occur in a manner that protects the compact mobile food operation from contamination.
(SCC 1751, 2/4/2025)
A.
Except as provided in subsection (B), an operator or employee of a compact mobile food operation who is found to be in violation of this section shall be subject to the following, for each offense by the operator or employee:
1.
For the first violation, a notice of violation, including the applicable provisions that are alleged to have been violated.
2.
An administrative fine of one hundred dollars for a second violation within one year of the first violation.
3.
An administrative fine of two hundred dollars for a third violation within one year of the first violation.
4.
An administrative fine of five hundred dollars for a fourth and each subsequent violation within one year of the first violation.
B.
An operator or employee of a compact mobile food operation who is found operating a CMFO without a valid health permit shall be subject to a fine of three times the cost of the permit in lieu of the administrative fines referenced in subsection (A).
C.
When assessing the first administrative fine pursuant this Chapter the Health Officer shall take into consideration the person's ability to pay the fine. The Health Officer shall provide the person with notice of his or her right to request an ability-to-pay determination and shall make available instructions or other materials for requesting an ability-to-pay determination. The person may request an ability-to-pay determination at adjudication or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.
1.
If the person meets the criteria described in subdivision (a) or (b) of Section 68632 of the California Government Code, the Health Officer shall accept, in full satisfaction, 20 percent of the administrative fine imposed pursuant to this Chapter.
2.
The Health Officer may allow the person to complete community service in lieu of paying the total administrative fine, may waive the administrative fine, or may offer an alternative disposition.
3.
In order to make an ability to pay determination, the Health Officer may request adequate documentation, including but not limited to a sworn statement from the sidewalk vendor. If the requested documents are not provided to the Health Officer, the Health Officer may make a finding that the person does not qualify for an ability to pay determination.
(SCC 1751, 2/4/2025)
All waste shall be properly disposed of, and all garbage and trash shall be kept in suitable, leakproof, nonabsorbent receptacles covered with close fitting lids. Receptacles into which waste products are emptied at frequent intervals shall not be required to have lids during such use. Such receptacles shall be thoroughly cleansed after emptying and before reuse.
(SCC 1751, 2/4/2025)
All food and beverages shall be clean, wholesome, free from spoilage, and be so prepared as to be safe for human consumption and shall comply with the provisions of the Health and Safety Code relating to pure foods, adulteration, and all portions pertaining thereto.
(SCC 1751, 2/4/2025)
All food or beverage shall be so stored, displayed, dispensed, or served as to be reasonably protected from dust, dirt, flies, vermin, depredation and pollution by rodents, unnecessary handling droplet infection, overhead leakage, or other contamination.
(SCC 1751, 2/4/2025)
The premises of all CMFOs shall be clean and free by all reasonable means of litter, rubbish, rodents, roaches, ants, flies, or other insects.
(SCC 1751, 2/4/2025)
No person shall be employed in any CMFO who, in the opinion of the Health Officer having jurisdiction, is affected with, or a carrier of, any disease in a stage which is likely to be communicable to persons exposed as a result of the affected employee's normal duties of a food or beverage handler.
(SCC 1751, 2/4/2025)
A.
The Health Officer, the Director, Sheriff, and their designees are charged with enforcement of the provisions of this chapter.
B.
The Director, Health Officer, Sheriff, or their designee, may at all reasonable times enter and inspect any CMFO or any stand suspected of being a CMFO to inspect the operation, as reasonably necessary, to determine if a violation of this Chapter exists.
C.
An operator or employee of a compact mobile food operation shall, upon the request of a County Official performing an inspection pursuant to this Title, provide identification sufficient for the inspector to complete their investigation and take any necessary enforcement actions.
(SCC 1751, 2/4/2025)
Any person now operating a food facility without a permit, or any person intending to operate a CMFO, shall make an application to the Health Officer upon a form provided by the Health Officer, giving the names of the owner or owners, manager or managers thereof, and such other information as the Health Officer may require for the administration of this chapter and the laws of the State.
Following receipt of such application by the Health Officer, the Health Officer shall make or cause to be made an inspection of the CMFO, and if the provisions of this chapter, and the health laws and regulations of the State of California have been complied with, the Health Officer shall so certify that fact to the applicant and within ten days issue a permit to operate. If the CMFO does not conform to the provisions of this chapter, or the health laws and regulations of the State, the Health Officer shall not issue a permit.
(SCC 1751, 2/4/2025)
A.
The certificate of approval issued by the Health Officer shall be considered the permit to operate under the provisions of this chapter. No permit to operate such CMFO shall be issued to any person until all of the provisions of this chapter, the rules and regulations of the Health Officer, the applicable laws of the state, and all other applicable ordinances of the County have been complied with.
B.
Any permit issued under these provisions shall not be transferable to any other person or any other location.
C.
Any permit issued under these provisions shall be valid for 365 days from the date of issuance. The holder of the permit must submit a complete renewal no later than thirty (30) days prior to the expiration of the current permit in order to have the permit renewed. The applicant shall follow and be subject to all procedures and requirements imposed by this Chapter when reapplying.
(SCC 1751, 2/4/2025)
A.
Any affected person may request a hearing to contest the administrative fine, violation alleged, condition imposed, suspension or revocation, or the Health Officer's determination on ability to pay issued pursuant to this Chapter. Any request for a hearing must be filed in writing with the Health Officer within fifteen calendar days of the issuance of the citation or notice of the final ability-to-pay determination, whichever applies. Failure to timely request a hearing constitutes a waiver of the right to appeal and a failure to exhaust administrative remedies.
B.
Hearing Date. The Health Officer shall set the date for the hearing. The hearing dates shall be scheduled within thirty days after the date on which the copy of the notice of appeal was submitted to the Health Officer.
C.
Hearing Method.
1.
At the hearing, the contesting party shall be given the opportunity to testify and to present relevant evidence.
2.
The burden of proof shall rest with the County and shall be a preponderance of the evidence.
3.
The provisions of the California Administrative Procedure Act (commencing at Section 11500 of the Government Code) shall not be applicable to such hearings; nor shall the formal rules of evidence in civil or criminal judicial proceedings be applicable.
4.
The Hearing Officer shall have the power to issue subpoenas in order to require the production of documents and persons, or both, at the hearing when relevant to the issues on appeal at the request of the appellant or the County, as applicable.
D.
At the conclusion of the hearing, the Hearing Officer shall prepare a written decision, which either grants or denies the appeal, and contains findings of fact and conclusions of law. The written decision, including a copy thereof, shall be filed with the Health Officer not later than 15 days following the date on which the hearing is closed. The Health Officer shall, within five days of the filing of such a decision, serve the applicant and/or permit holder with notice of the written decision including a copy of such decision.
E.
The decision of the Hearing Officer is final. There shall be no right to appeal to the Board of Supervisors. The time for judicial review of the Hearing Officer's decision as well as preparation of the record of the administrative hearing is governed by Sacramento County Code, Chapter 1.06.
F.
All fines owed after issuance of the Hearing Officer's decision are due within thirty days of the decision. The County may use all remedies available to collect any unpaid fee.
(SCC 1751, 2/4/2025)
A.
The Health Officer may impound a Compact Mobile Food Operator's display, food, equipment, utensils, goods, stands, and/or merchandise that:
1.
Reasonably appears to be abandoned on public property; or
2.
Were used in the operation of a CMFO without a valid health permit or without a valid Business License issued pursuant to Title 4 of the Sacramento County Code; or
3.
Displayed, offered, or made available for sale food that is deleterious for public consumption, is held or cooked at unsafe temperatures, is contaminated, or if consumed would present a threat to the public health, welfare, or safety; or
4.
Creates an imminent and substantial safety or environmental hazard by the location of the operation or the nature of the goods being offered for sale.
B.
Prior to impoundment, the Health Officer shall provide the operator with an opportunity to cease vending and remove their operation, food, and/or merchandise being offered for sale, or perform any acts necessary for abatement and compliance with the laws of this State and County.
C.
Any food displayed, offered, or made available for sale that is deemed deleterious for public consumption, is held or cooked at unsafe temperatures, is contaminated, or if consumed would present a threat to public health, welfare, or safety shall immediately be destroyed.
D.
The Health Officer may immediately dispose of, rather than impound, any materials or food that cannot be safely stored, is perishable, contains minimal or no value, or presents a health or safety hazard.
E.
For any property or food impounded under this section, the person from whom the property was taken shall be provided with a receipt and instructions for the retrieval of the property. The receipt and instructions shall either be given to the person from whom the property was taken at the time the property is obtained, or mailed, by first-class mail, to the person from whom the property was taken, if the person provides a valid form of identification which includes the person's contact information. The receipt and instructions shall notify the person from whom the property was taken that the property must be claimed within fifteen (15) calendar days after the Health Officer takes possession of the property or it will be disposed of.
F.
Impounded property may be recovered within fifteen (15) calendar days from the date of impoundment, upon presentation of proof of ownership and full payment of a sum equal to the cost of removing and storing the impounded property.
G.
Any unclaimed impounded property will be considered abandoned and forfeited to the Environmental Management Department after thirty (30) calendar days following impoundment.
H.
A person whose property is impounded pursuant to this Section may request an administrative hearing by submitting a written request for hearing from and returning it to the Environmental Management Department within fifteen (15) calendar days of impoundment. The appeal shall be conducted in accordance with the procedures pursuant to Section 6.05.085 of the Sacramento County Code. If the appeal is successful, the Hearing Officer may waive any impound or storage costs imposed.
I.
The Board of Supervisors may by resolution adopt impound fees, which shall include the cost of enforcement, investigation, storage, and impound.
(SCC 1751, 2/4/2025)
The Director or Health Officer may enforce this chapter pursuant to Chapter 16.18 of the Sacramento County Code and the liability, penalties, and cost recovery provided for in said chapter shall apply.
(SCC 1751, 2/4/2025)
In addition to the penalties set forth in Section 6.05.040 of the Sacramento County Code, any violation of the provisions of this chapter is hereby declared a public nuisance.
(SCC 1751, 2/4/2025)