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HomeMy WebLinkAbout80-01 Adding Health and Sanitation Regulations - Mobile Food VehiclesORDINANCE NO. $D-/ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADDING HEALTH AND SANITATION REGULATIONS CON- CERNING MOBILE FOOD VEHICLES TO THE CODE THE SAME AS ORANGE COUNTY'S. 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 hereby finds and declares that the County of Orange has recently adopted their Ordinance No. 3160 regulating mobile food prepara- tion vehicles after extensive study and effort; and that to provide uniformity in enforcement efforts by our County Health Officer, designated as City's Health Officer under this Title, that changes to the Costa Mesa Municipal Code corresponding to said County Ordinance should be adopted for the general health, safety and welfare of the public. SECTION 2: Accordingly, Title 8, Chapter II, is hereby added to and amended as follows: §8.13. Definitions The following terms used in this chapter shall have the meanings indicated below: (a) Health department or department shall mean the Orange County Health Department, which acts as the health department of the city, pursuant to resolution made under the provisions of Section 476 and 477 of the Health and Safety Code of the State of California. (b) Health officer shall mean the county health officer or his deputy or assistant duly author- ized to act in his behalf in case of his absence or incapacity. (c) Inspector shall mean a sanitarian, as defined in Health and Safety Code, Section 540, em- ployed by the health department of the health officer or any deputy health officer authorized to inspect food handling establishments or equipment for the enforcement of this chapter. (d) Food handling establishments shall include land, buildings, vehicles, ships, and other vessels wherein food is handled, stored, dis- tributed, prepared, processed, served or sold, and also equipment installed or used in :food han- dling establishments. (e) Bakery shall be defined in Section 28190 of the California Health and Safety Code. (f) Food processinq establishment shall be as defined in Section 28280.1 of the California Health and Safety Code. (g) Restaurant shall be as defined in Section 28522 of the California Health and Safety Code. (h) Itinerant restaurant shall be as defined in Section 28523 of the California Health and Safety Code. (i) Mobile food preparation vehicle shall mean any vehicle or portable food service upon which food is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution. (j) Retail food production and marketing establishment shall be as defined in Section 28802 of the California Health and Safety Code. (k) Vehicle shall be as defined in Section 28524 of the California Health and Safety Code. (1) Vending machine business shall mean the busines of selling food or beverage by means of vending machines regardless of the number of locations at which the vending machines are located. (m) 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; general conditions and terms. (a) It shall be unlawful for any person or other -2- 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 opera- tion issued by the health department under the provisions of this chapter. Retail food pro- duction and marketing establishments as defined in Section 28802 of the California Health and Safety Code shall not be subject to the provi- sions of this chapter. (b) The food handling establishments to which this chapter applies shall include, but not be limited to, any restaurant, itinerant restaurant, mobile food preparation vehicle, food vessel, bakery, food processing establishment and ice plant located in the City of Costa Mesa, and any vending machine business operating vending ma- chines 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 appli- cation which shall state the name and address of the applicant, the location of the food handling establishment which is proposed to be conducted, and such other information as the health depart- ment may require. Applicants for a permit to operate a mobile food preparation vehicle shall, in addition, provide a list of three service stops which shall include the address or exact location and time of each stop. A revised list shall be submitted whenever changes occur. (d) No permit shall be granted, renewed, or rein- stated unless the health department determines, upon making an investigation, that the food -3- handling establishment for which the application is made is equipped, operated and maintained in a safe, sanitary, and healthful manner, and that no conditions exist in the establishments which are, or which may be, unsafe, insanitary, unwhole- some, or detrimental to the health of the patrons, consumers, employees, or the general public. (e) No permit shall be granted, renewed, or rein- stated unless the health department determines that the condition of the food handling estab- lishment is in accordance with the requirements of all applicable provisions of the California Health and Safety Code and 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 han- dling establishment or vehicle for which it is issued. (g) Any permit previously issued to a mobile food preparation vehicle shall be suspended beginning 90 days after the effective date of this subsec- tion unless the permittee presents such vehicle to the Health Department and the Health Depart- ment certifies that such vehicle is in full compliance with the applicable requirements of section 8-14.1 as well as all other applicable provisions of the Health and Safety Code and of this article. The Health Officer may grant an extension of time for compli.ance with the afore- said requirements of section 8-14.1, if he finds that the applicant has made a good faith effort to comply but cannot do so for reasons beyond his 111E control, such as inadequate capacity of equipment fabrication contractors. In such instances the applicant shall present a written request for an extension documenting the steps already under- taken, the reasons compliance cannot be achieved within the prescribed time period, and a time- table for full compliance. Extensions shall not be granted for compliance with the require- ments of section 8-14.1(1) concerning the design and construction of lids for deep fat fryers. §8-14.1 Mobile food preparation vehicles. In addition to all other applicable provisions of the Health and Safety Code and of this article, mobile food preparation vehicles shall comply with the follow- ing requirements: (a) Compressors, auxiliary engines, generators, bat- teries, battery chargers, gas -fueled water heaters, and similar equipment shall be installed so as to be accessible only from the outside of the vehicle. (b) All equipment installed in any part of the vehi- cle 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 vehicle, 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 sud- den 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. -5- (e) Ceiling light fixtures shall be recessed or flush -mounted and sealed and shall be equipped with safety covers approved by the Health Offi- cer. The minimum clearance from the floor to the light fixture shall be at least 188 cm (76 inches) or the fixture shall be installed out of the traffic aisle or work area. (f) High voltage (110-220 v) electrical wiring shall be properly installed in electrical con- duit with all splices or connections being made within junction, outlet, or switch as to prevent the use of extension cords exceeding 183 cm (6 feet). Outside electrical connection receptacles shall be of weatherproof design with cover. (g) Attached, 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 machanism. Seats and back- rests shall be at least 35.5 cm x 35.5 cm (14 inches x 14 inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the vehicle is in motion. Signs setting>f orth the latter three (3) 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 fas- tened to a rigid structure of the vehicle. All liquefied petroleum gas (LPG) equipment shall be installed as follows: (1) The LP -gas tanks and relief valves -6- shall be ASME-approved for intended use. (2) 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) Tanks and regulators shall be separated from any open flame by a vapor -tight partition. (4) When tanks are installed in a body com- partment, 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 require- ments shall be met: a. All tank valves and fittings shall be readily accessible from outside the vehicle. 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 vehicle so as to pre- vent 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 pro- tected against chafing. (7) Expansion and contraction bends shall be made in the tubing between the bank and the appliance. (8) ASME-approved LP -gas tubing or standard -7- weight pipe shall be used throughout. (9) Protective "thread" caps shall be instaled on fill -line check valves. (10) Every appliance fueled by LP -gas shall be 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 5 B.C.-rated portable fire extinguisher (UL or State Fire Marshall -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. (k) The following additional requirements apply to mobile food preparation vehicles which operate at more than one location in any calendar day: (1) Coffee urns shall be installed in a com- partment that will prevent excessive spillage of coffee in the interior of the vehicle in the event of a sudden stop, collision, or overturn, or, as an alter- native to this requirement, coffee runs shall be equipped with positive closing lids as well as perforated metal protec- tive sleeves on the glass liquid level sight guages. (2) 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 a sudden stop, collision or overturn of the vehicle. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall ME be kept positively closed while the vehicle is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. (3) Water bath or steam hot food insert warming 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 vehicle. Such lids shall be designed and constructed so as to pre- vent pressLre buildup which could result in an explosion. All lids shall be posi- tively closed while the latter is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. (4) Safety exit facilities. An alternate means of exit in the side opposite the main exit door, or the roof, or the rear of the vehicle, with unobstructed passage of 61 cm x 61 cm (24 inches x 24 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 2.54 cm (1 inch) high letters. SECTION 3: 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, or in the alterna- tive, the City Clerk may cause the publication of a summary of the proposed ordinance and the posting of a certified copy of its full text in the office of the City Clerk at least five (5) days prior to the City Council meeting at which the proposed ordinance is to be adopted and within fifteen (15) days after adoption the City Clerk shall cause the publication of the summary of the adopted ordinance and the posting of a certified copy of the full text, together with the vote for and against it, in the office of the City Clerk. PASSED AND ADOPTED this 47�_- day of , 19 3 ayor of the Cit of Costa Mesa ATTEST: City Clerk of the City o Costa Mesa 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. 80-1 was introduced and considered section by section at a regular meetinof said City Council held on the %IA& day of , 19 , and there- after passed and adopted as a wh,L%,e at ateular meeting oft, said City Council held on the day o 199-, by the following roll call vote: ✓y�- /� AYES: COUNCILMEMBERS : Qma.'� �Lct.L:C NOES: COUNCILMEMBERS :-'L4r7La_ ABSENT: COUNCILMEMBERS: IN WITNESS WHEREOF, I have hereby se�my hand and affixed th*Seal of the City of Costa Mesa this day of , 193. 6� Ci y Clerk and ex -officio C195tk of the City Council of the Cit of Costa Mesa -10-