HomeMy WebLinkAbout97-02 Permits and Regulation of Food and Food HandlersORDINANCE NO. 97- 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, AMENDING CHAPTER II
OF TITLE 8 OF THE COSTA MESA MUNICIPAL CODE
CONCERNING PERMITS AND REGULATION OF FOOD
AND FOOD HANDLERS.
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
as follows:
CHAPTER II. FOOD AND FOOD HANDLERS
Sec. 8-13. Definitions.
(a) Health department or department shall mean the Orange County
Health Department which acts as the health department of the
City pursuant to resolution by City Council.
(b) Health officer shall mean the county health officer or his deputy
or assistant duly authorized 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 employed by the health department or the health officer or
any deputy health officer authorized to inspect food handling
establishments or equipment for the enforcement of this
Chapter
(d) All other terms used in this Chapter shall be defined as set forth
in County of Orange Ordinance No. 3160, as amended, and the
California Health and Safety Code, Sherman Food Law, Drug
and Cosmetic Law, as amended, and California Uniform Retail
Food Facilities Law, as amended.
Sec. 8-14 Permit required; general conditions and terms.
(a) It shall be unlawful for any person to operate any food facility or food
processing establishment in which food is prepared, sold, processed or
manufactured, or served for public consumption without first applying for and
receiving a permit for such operation issued by the health department under the
provisions of this chapter. This Chapter applies to any food facility or food
processing establishment located in the City regardless of the location of the
facilities from which they are served
(b) Every applicant for a permit shall file with the health department a
written application which shall state the name and address of the applicant, the
location of the food facility or food processing establishment which is proposed to
be conducted, and such other information as the health department may require.
(c) No permit shall be granted, renewed, or reinstated unless the health
department determines that the condition of the food facility or food processing
establishment is in accordance with the requirements of all applicable provisions of
the California Health and Safety Code, County of Orange Ordinance No. 3160, as
amended, and of this Chapter, and that said food handling establishments are
capable of being operated in accordance with such laws and regulations.
(d) 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 establishment or vehicle for which it is issued.
Sec. 8-14 1 Mobile food preparation unit.
In addition to all other applicable provisions of the Health and Safety Code
and of this Article, a mobile food preparation unit shall comply with the
requirements of the County of Orange Ordinance No. 3160, as amended.
Sec. 8-15. Construction, conversion and alteration of food
facility or food processing establishment;
construction and alteration.
Prior to the construction, conversion, or alteration of any food facility or food
processing establishment, or construction or purchase of a model of vehicle not
previously under permit to any person in the City, plans and specifications therefor
shall be submitted to the health department. The health officer or his authorized
deputy may thereafter issue his certificate stating what modifications, if any, he
deems required for compliance with applicable laws and regulations.
Sec. 8-16. Notice of receipt of plans to build or remodel
food facility or food processing establishment.
The department of Development Services of the City of Costa Mesa shall
notify the health department when plans are received to build or remodel a food
facility or food processing establishment.
Sec. 8-17 Sanitation requirements.
(a) A food facility or food processing establishment for which a permit is
required by this Chapter shall be constructed, 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.
Sec. 8-18. Suspension of permits generally
A permit issued under this Chapter may be suspended for any of the
following reasons:
(a) Violation of State law;
(b) Violation of this Chapter; or
(c) Upon a recommendation for revocation of the permit, pending a
hearing thereon.
Sec. 8-19. Notice of violation.
When any provision of 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 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 subsection (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.
Sec. 8-20. Hearing.
(a) 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 section 8-19(d), a written or oral request for a hearing or a notice that all
violations have been corrected as specified.
(b) The hearing shall be held by the health officer or his duly authorized
representative who is a qualified sanitarian but shall not be the inspector who
reported the violations or who inspected any corrective measures taken.
(c) 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 permittee. As to each violation, the order shall either
(1) Suspend the permit until it is corrected; or
(2) Extend the time or modify the measures to be taken for
correction before suspension; or
(3) Declare that the violation has been corrected so as to
comply with the applicable law; or
(4) Declare that there was no violation.
Sec. 8-21 Suspension of permit 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 facility or food
processing establishment or any portion thereof, and in such event the inspector
may forthwith suspend the permit issued for the facility or establishment.
Sec. 8-22. Summary suspension.
Whenever an inspector finds unsanitary or other conditions in the operation
of any food facility or food processing establishment which, in his judgment,
constitute an immediate and substantial hazard to the public health, he shall issue a
written notice to the permit holder or person in charge of the 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 telephone, or in writing, he shall be afforded a hearing as
soon as possible, and notice of its setting may be given in the same manner as the
request.
Sec. 8-23. Supervision of closing down premises;
remedial action by owner
When any permit is first suspended hereunder, or when any food facility or
food processing establishment governed hereby shall have been closed for business
and left in an unsanitary condition, the health department shall have the power to
enter to ensure that the food facility or food processing establishments are closed
down in the manner which will not endanger the public health. If the permittee or
his employee in charge cannot be found, or is unwilling or unable to remedy the
condition the owner of the establishment shall be notified of the unsanitary
conditions and shall be required to take such remedial action as may be necessary
to obviate such condition.
Sec. 8-24 Severability
If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance, or the application thereof to any person, is for any reason
held to be invalid or unconstitutional by the decision of any court of competent
jurisdiction, such decision shall not affect the validity of the remaining portion of this
Ordinance or its application to other persons. The City Council hereby declares that it
would have adopted this Ordinance and each chapter, article, section, subsection,
subdivision, sentence, clause, phrase or portion thereof, irrespective of the fact that any
one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the
application thereof to any person, be declared invalid or unconstitutional. No portion of
this Ordinance shall supersede any local, State, or Federal law, regulation, or codes
dealing with life safety factors.
Section ,3. Publication.
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 NEWPORT BEACH -COSTA MESA PILOT,
a newspaper of general circulation printed and published in the City of Costa Mesa,
or, in the alternative, the City Clerk may cause to be published a summary of this
Ordinance and a certified copy of the text of this Ordinance shall be posted in the
office of the City Clerk five (5) days prior to the date of adoption of this Ordinance,
and within fifteen (15) days after adoption, the City Clerk shall cause to be
published the aforementioned summary and shall post in the office of the City Clerk
a certified copy of this Ordinance together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this 10 -day of 1997
ATTEST
Deputy [y Clerk
of the C of Costa Mesa
APPROVED AS TO FORM:
/ \aO Krtttivd-r1 97
City Attorney
STATE OF CALIFORNIA 1
COUNTY OF ORANGE 1 ss
CITY OF COSTA MESA 1
I, MARY T ELLIOTT, Deputy 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. 97- 2 as introduced and considered section by section at a regular
meeting of said City Council held on the 3"A day of 9..jA, , 1997, and thereafter
passed and adopted as a whole at a regular meeting of said City Council held on
the (8dclay of , 1997, by the following roll call vote:
AYES. �7u FFA MDAMNA01� ERR CAA so� Q"v'*') So v E LS
NOES: ND Jc
ABSENT tJoNE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this =A day of , 1997
Deput City Clerk and ex -officio
Clerk 0 the City Council of the
City of Costa Mesa