HomeMy WebLinkAbout74-43 Regulating the Food Handling Industry1
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ORDINANCE NO. 74-43
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA REGULATING THE FOOD HANDLING
INDUSTRY; CREATING UNIFORMITY WITH OTHER CITIES
THROUGHOUT THE COUNTY OF ORANGE; ADOPTING DEFIN-
ITIONS PROVIDING FOR PERMITS; SETTING FORTH
SANITATION STANDARDS; PROVIDING FOR HEARINGS;
PROVIDING FOR PENALTIES FOR THE PROTECTION OF
THE HEALTH, SAFETY, AND WELFARE OF THE CITIZENS
OF THE COMMUNITY.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. The City Council of the City of Costa Mesa finds
and declares that inasmuch as the Health Department for the
County of Orange acts as the Health Department for the City of
Costa Mesa, proper enforcement of health regulations requires
uniformity in ordinances administered by the County of Orange
Health Department. The City Council further finds and declares
that the health, safety, and welfare of the food consumer in the
community can best be protected by uniform regulations affording
an opportunity for reasonable compliance by the food handling
industry and an opportunity to be heard on any alleged violation.
The City Council of the City of Costa Mesa further finds and
declares that the best and most reasonable method of enforcement
of the regulations adopted herein is through the permit method.
The City Council of the City of Costa Mesa finally finds and
declares that reasonable rules and regulations adopted by the
County Health Officer will serve to best protect the health,
safety, and welfare of the community.
Accordingly, Chapter II of Title 8 of the Costa Mesa
Municipal Code is hereby amended to read as follows:
SECTION 2. CHAPTER II FOOD AND FOOD HANDLERS
8-13. Definitions: The following terms used in this
chapter shall have the meanings indicated below:
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(a)
Health Department or Department shall mean the
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Orange County Health Department, which acts as
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the health department of the City, pursuant to
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resolution made under the provisions of Sections
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476 and 477 of the Health and Safety Code of the
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State of California.
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(b)
Health Officer shall mean the County Health Officei
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or his deputy or assistant duly authorized to act
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in his behalf in case of his absence or incapacity.
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(c)
Inspector shall mean a sanitarian, as defined in
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Health and Safety Code Section 540, employed by
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the Health Department or the Health Officer or,
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any deputy health officer authorized to inspect
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food -handling establishments or equipment for the
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enforcement of this chapter.
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(d)
Food Handling Establishments shall include land,
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buildings, vehicles, ships, and other vessels
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wherein food is handled, stored, distributed,
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prepared, processed, served or sold, and also
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equipment installed or used in food handling
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establishments.
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(e)
Bakery shall be as defined in Section 28190 of the
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California Health and Safety Code.
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(f)
Food Processing Establishment shall be as defined
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in Section 28280.1 of the California Health and
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Safety Code.
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(g)
Restaurant shall be as defined in Section 28522 of
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the California Health and Safety Code.
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(h)
Itinerant Restaurant shall be as defined in Section
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28523 of the California Health and Safety Code.
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(i)
Retail Food Production and Marketing Establishment
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shall be as defined in Section 28802 of the Cali-
fornia Health and Safety Code.
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(j) Vehicle shall be as defined in Section 28524 of
the California Health and Safety Code.
(k) Vending Machine Business shall mean the business
of selling food or beverage by means of vending
machines regardless of the number of locations
at which the vending machines are located.
(1) Ice Plant, Self Contained Ice Plant and Ice
Distributor shall be as defined in Section 4003
of the California Health and Safety Code.
8-14 Permit Required; Conditions and Terms
(a) It shall be unlawful for any person or other legal
entity to operate any food handling establishment
in which food is prepared, sold, processed or
manufactured, or served for public consumption
without first applying for and receiving a food
vending permit for such operation issued by the
Health Department under the provisions of this
chapter. Retail food production and marketing
establishments as defined in Section 28802 of the
California Health and Safety Code shall not be
subject to the provisions of this chapter.
(b) The food handling establishments to which this
chapter applies shall include, but not be limited
to, any restaurant, itinerant restaurant, food
vehicle, food vessel, bakery, food processing
establishment and ice plant located in the City of
Costa Mesa, and any vending machine business
operating vending machines in the City of Costa
Mesa, regardless of the location of the facilities
from which they are served.
(c) Every applicant for a food vending permit shall
file with the Health Department a written applica-
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tion which shall state the name and address of the
applicant, the location of the food handling estab-
lishment, the character of the establishment which
is proposed to be conducted, and such other
information as the Health Department may require.
(d) No permit shall be granted, renewed., or reinstated
unless the Health Department determines, upon
making an investigation, that the food handling
establishment for which the application is made is
equipped, operated, and maintained in a safe,
sanitary, and healthful manner, and that no condi-
tions exist in the establishments which are, or
which may be unsafe, insanitary, unwholesome, or
detrimental to the health of the patrons, consumers,
employees, or the general public.
(e) No permit shall be granted, renewed, or reinstated
unless the Health Department determines that the
condition of the food handling establishment is in
accordance with the requirements of all applicable
provisions of the. California Health and Safety
Code of this chapter, and that said food handling
establishments are capable of being operated in
accordance with such laws and regulations.
(f) Permits may be granted at any time during the
year, but all permits shall expire at the end of
the calendar year. Each permit shall be posted
in a conspicuous place on the food handling
establishment or vehicle for which it is issued.
8-15 Construction, Conversion, and Alteration: Prior
to the construction., conversion, or alteration of any food
establishment, or construction or purchase of a model of
vehicle not previously under permit to any person in the
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City, three (3) copies of the plans and specifications
therefor shall be submitted to the Health Department. The
Health Officer or his authorized deputy shall thereafter
issue his certificate stating what modifications, if any,
he deems required for compliance with applicable laws and
regulations.
8-16 Building Permits: The Department of Building
Safety of the City of Costa Mesa shall notify the Health
Department when plans are received to build or remodel a
food establishment.
8-17 Sanitation Requirements:
(a) All food handling establishments for which a
permit is required by this chapter shall be con-
structed, equipped, operated, and maintained so
as to comply with the pertinent sections of the
California Health and Safety Code. In addition,
at least a single compartment janitorial sink with
hot and. cold running water, or other approved
facilities, shall be provided for general clean-up
purposes.
(b) A hand lavatory shall be provided in each food
preparation and packaging area for employees.
Exception: Where a janitorial sink is situated in
a convenient location as approved by the Health
Department and. provided with proper maintenance,
the hand lavatory may be omitted.
8-18 Suspension of Permits: A permit issued under
this chapter may be suspended, under the procedure set forth
in Sections 8-19 through 8-22 for any of the following
reasons:
(a) violation of State law;
(b) violation of this chapter; or
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(c) upon a recommendation for revocation of the
permit, pending a hearing thereon.
8-19 Notice of Violation: When any of the aforesaid
laws, this chapter, or rules and regulations have been vio-
lated, 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 by which all such corrections must be
completed., allowing a reasonable period. therefor;
(e) that the permittee has a right to a hearing upon
request; and
(f) that if no hearing is requested, and if the
Health Department does not receive notice that all
such corrections have been made before 9:00 a.m.
of the date named under (d) above, or within
fifteen (15) days after service of the written
notice, whichever comes first, the permit will be
suspended from that time until such violations are
corrected.
8-20 Hearing: The permit holder shall have the right
to a hearing, on all violations listed in the notice. The
permit shall, however, be suspended unless the Department
receives from the permit holder, before 9:00 a.m.. of the
date specified under 8-19 (d), a written or oral request for
a hearing or a notice that all violations have been cor-
rected as specified.
The hearing shall be held by the Health Officer or his
duly authorized representative who is a qualified sanitarian
as defined in Section 540 of the Health and. Safety Code and
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registered as provided in Section 542 thereof, but shall
not be the inspector who reported the violations or who
inspected any corrective measures taken.
The person conducting the hearing shall make a
written order as to each alleged violation listed on the
notice and shall deliver a signed copy thereof to the per-
mittee. As to each violation, the order shall either:
(a) suspend the permit until it is corrected; or
(b) extend the time or modify the measures to be
taken for correction before suspension; or
(c) declare that the violation has been corrected so
as to comply with the applicable law; or
(d) declare that there was no violation.
8-21 Suspension for Refusal of Entry: 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 food handling establishments described in Section 8-13
above, or any portion thereof; and in such event the
inspector may forthwith suspend the food vending permit
issued for the establishment.
8-22 Summary Suspension: Whenever an inspector finds
insanitary or other conditions in the operation of any food
establishment which, in his judgment, constitute an immed-
iate and substantial hazard to the public health, he shall
issue a written notice to the permit holder or person in
charge of the food handling establishment stating that the
permit is immediately suspended and shall set forth the
substance of the suspension as provided in Section 8-19. Any
person to whom such an order is issued shall immediately
comply therewith; but, upon request made to the inspector
who orders the suspension, or the Health Officer or his
authorized representative, either personally, or by tele-
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1 phone, or in writing, he shall. be afforded a hearing as
2 soon as possible, and notice of its setting may be given in
3 the same manner as the request.
4 8-23 Supervision of Closing Down Premises: When any
5 permit is first suspended hereunder, or when any food
6 handling establishment governed hereby as defined in Section
7 8-14 (b) shall have been closed for business and left in an
8 insanitary condition, the Health Department shall have the
9 power to enter to insure that the food handling establish -
10 ments are closed down in the manner which will not endanger
11 the public health. If the permittee or his employee in
12 charge cannot be found, or is unwilling or unable to remedy
13 the condition of the food handling establishment, the owner
14 of the food handling establishment shall be notified of the
15 insanitary conditions and shall be required to take such
16 remedial action as may be necessary to obviate such
17 condition.
18 8-24 Penalty: Violation of this Chapter shall be
19 punishable as provided for in Section 1-23 of this code.
20 8-25 Severability: If any section, subsection, sen -
21 tence, clause, phrase, or portion of this Chapter, or any
22 future amendments or additions thereto, is for any reason
23 held to be invalid or unconstitutional by the decision of
24 any court of competent jurisdiction, such decision shall
25 not affect the validity of the remaining portions of this
26 Chapter, or any future amendments or additions thereto. The
27 City Council of the City of. Costa Mesa hereby declares that
28 it would have adopted this Chapter and each section, sub -
29 section, sentence, clause, phrase, or portion of any future
30 amendments or additions thereto, irrespective of the fact
31 that any one or more sections, subsections, clauses, phrases,
32 portions, or any future amendments or additions thereto be
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declared invalid or unconstitutional.
SECTION 3. Sections 8-13 through and including Section
8-18 of the Costa Mesa Municipal Code are hereby repealed.
SECTION 4. This ordinance shall take effect and be in full
force and effect thirty (30) days from and after its passage, and
before the expiration of fifteen (15) days after its passage,
shall be published once in the Orange Coast Daily Pilot, a news-
paper of general circulation printed and published in the City of
Costa Mesa, together with the names of the members of the City
Council voting for and against the same.
PASSED AND ADOPTED this 16th day of July, 1974.
M yor of the City of Costa Mesa
ATTEST:
p
City Clerk of the City of Co a Mesa
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa, hereby certify that
the above and. foregoing Ordinance No. 74-43 was introduced and
considered section by section at a regular meeting of. said City
Council held on the 2nd day of July, 1974, and thereafter passed
and adopted as a whole at a regular meeting of said City Council
held on the 16th day of July, 1974, by the following roll call
vote:
AYES: Council Members: Wilson, Hammett, Pinkley,
Raciti, Hertzog
NOES: Council Members: None
ABSENT: Council Members: None
IN WITNESS WHEREOF, I have hereby set my hand and affixed
the Seal of the City of Costa Mesa this 17th day of July, 1974.
City Clerk and ex -officio Cle of the
City Council of the City ofsta Mesa
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