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HomeMy WebLinkAboutORD 821 (1980) ORDINANCE NO. 821 "- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUSTIN, CALIFORNIA, AMENDING ARTICLE 4, CHAPTER 1 PART -- 1 OF THE TUSTIN CITY CODE RELATING TO THE REGULATION OF MOBILE FOOD PREPARATION VEHICLES. The City Council of the City of Tustin, California, does ordain as follows: SECTION 1. Section 4110 of the Tustin City Code is amended to read as follows: 4110 DEFINITIONS The following terms used in this article shall have the raeanings indicated below: "Bakery" shall be as defined in Section 28190 of the California Health and Safety Code. "Food-Handling Establishments" and "Premises" shall include land, buildings, vehicles, ships , and other vessels wherein food is handled, stored, distributed, prepared, processed, served, or sold, and also equipment installed or used in food-handling establishments. "Food processing establishment" shall be as defined in Section 28230.1 of the California Health and Safety Code. "Health Department" or "Department" shall mean the Public Health and ~edical Services of the Orange County Human Services Agency. "'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. "Ice plant, self-contained ice plant" and "ice dis- tributor" shall be as defined in Section 4003 of the Californi~ Health and Safety Code. "Inspector" shall mean a sanitarian, as defined in Health and Safety Code Section 540, employed by the Health Departmeht Page 1 of 9 Pages or the health officer or any deput~ health officer authorized to inspect premises or equipment for the enforcement of this Part. "Itinerant restaurant,shall be as defined in Section 28523 of the CalifOrnia ~ealth and Safety Ccde. "Mobile food preparation vehicle" shall mean any vehicle or portable food service unit upon which food is cooked, wrapped, packaged., orocessed, or portioned for service, sale or distributio "Restaurant" shall be as defined in Section 28522 of the California Health' and Safety Code. "Retail food oroduction" and "marketing establishment" shall be as defined in Section 28802 of the California Health and Safety Code. "Vehicle" shall be as defined in Section 29524 of the California Health and Safety Code. "Vending machine" shall be as defined in Section 2~225 of the California Health and Safety Code. "Vending machine business" shall mean the business of se!linq food or beverages by means o~ vending machines, regardless of the location~ at which the vending machines are located. SECTION 2. Section 4111 of the Tustin City Code is amended to read as follows: ~111 PErmIT REQUI~ED~ CONDITIONS A~D TE~S (a) It shall be unlawful for any person or other legal entity to operate any food-handling establishment, restaurant, intinerant restaurant, mobile food preparation vehicle, vehicle vending machine business, baker~,food processing establishment, ice plant, self-contained ice olant or act as an ice distributor without ~irst applying for and receiving a food vending permit issued bv the Health Department under the orovisions o~ this Part. Retail food production and marketing establishments shall not be subject to the provisions of this Part. ///// Page 2 of 9 Pa~eS (b) The food-handling establishments to which this Part 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 Tustin and any vending machine business operating vending machines in the City of Tustin 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 application which shall state the name and address of the applicant, the character and location of the activity for which a perm. it is required under this Part and such other information as the Health Department may require. Applicants for a permit to operate a mobile food preparation vehicle, in addition,shall provide a list of thr service stops which shall include tbsaddress or exact location and time of each stop. A revised list shall be submitted whe~' ever changes occur. (d) NO permit shall be granted, renewed or reinstated unless the Health Department determines, uoon making an investigation, that the place of business for which the application is made is equipped, operated and maintained in a safe , sanitary and healthful manner, and that no conditions exist on the premises which are, or which may be, unsafe, unsanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public. (e) Nor shall a permit be granted, renewed or reinstated unless the Health .Department determines that the condition of the premises is in accordance with the requirements of all applicable provisions of the California Health and Safety Code, of this Part and of all rules and regulations promulgated under ~he Sections below, and that said'premises are C'apabl~ of being operated in accordance with such laws and regulations. Page~ 3 of 9 Pages 1 (f) Permits may be granted at any time during the Z year, but all permits shall expire at the end of the calendar ~ 5 year. Each permit shall be posted in a conspicuous place on 4 the premises or vehicle for which it is issued. 5 (g) Any permit previously issued to a mobile food 6 preparation vehicle shall be suspended unless the permittee 7 presents such vehicle to the Health Department and theHealth 8 Department certifies that such vehicle is in full compliance 9 with the applicable requirements of Tustin City Code Sections 10 4117 and 4118 as well as all other applicable provisions of 11 the Health and Safety Code and of this article. The Health 12 Officer may grant an extension of time for compliance with 15 the aforesaid requirements of Sections 4117 and 4118, if he ~ finds that the applicant has made a good faith effort to comply ,,, 15 but cannot do so for reasons beyond his control, such as in- 16 adequate capacity of equipment fabrication contractors. 17 In such instances the applicant shall Fresent a written reauest 18 for an extension documenting the steps already undertaken,the ~9 reasons compliance cannot be achieved within the prescribed 20 time period, and a timetable for full compliance. Extensions 2~ shall not be granted for compliance with the requirements of 2~ Section 4118 (b) concerning the design and construction of lids ~5 for deep fat fryers. 24 SECTION 3. Section 4117 is hereby added to the 25 Tustin City Code to read as follows: ~6 4117 MOBILE FOOD PREPARATION VEHICLES. ~7 In addition to all other applicable provisions of the 28 Health and Safety Code and of this article, mobile food prepa- ~9 ration vehicles shall comply with the following requirements: 50 (a) Compressors, auxiliary engines, generators, 31 batteries, battery chargers, gas-fueled water heaters, and Page 4 of 9 Pages similar equipment shall be installed so as to be accessiblj' only from the outside of the v~hicle. (b) All equipment installed in any part of the vehicle 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 compart- ments, 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 sudden stop, collision or overturn. A safety knife holder shall be provided to avoid lose 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. (e) Ceiling light fixtures shall be recessed or flushmounted and sealed and shall be equipped with safety covers approved by the Health Officer. The minimum clearance from the floor to the light fixture shall be at least tSS 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 properl7 installed in electrical conduit 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 weather- oroof design with cover. (g) Firmly anchored seats equipped with backrests and seat belts shall be provided for all occupants. If a jump seat in ~e aisle is utilized, it shall fold in ~ Page 5 of 9 Pages a manner that will clear the aisleway when not in use and be held with a self-latct~ing mechanism. Seats and backrests 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 forth 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 fastened to a rigid structure of the vehicle. All Iigue~ fied petroleum gas (LPG) equipment shall be installed as follows: (1) The LP-gas tanks and relief valves 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 fitting must not protrude beyond the body. (3) Tanks and regulators shall be separated from any open flame by vapor-tight partition. (4) P~en tanks are installed in a body compartment, the partitions shall be sealed off from the rest of the body with no openings to the interior except fo~ the tubing. The following additional requirements shall be met: a. All tank valves and fittings shall be readily accessible from outside the vehicle. b. The tank safety relief valve shall Page 6 of 9 Pages be vented to the outside and directed down- ward. 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 prevent 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 tank and the appliance. (8) ASME-approved LP-gas tubing or standard ~.Teight pipe shall be used throughout. (9) Protective "thread" caps shall' be installed on fill-line check valves. (10) Every applicance fueled by LP-gas shall be orovided 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 exting- uisher (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. SECTION 4. Section 4118 is hereby added to the Tustin City Code to read as follows: 4118 ~OBILE FOOD PREPARATION VEHICLES; ADDITIONAL REQUIREMENTS In addition to the~requirements specified in Section Page 7 of 9 Pages ! 4117 above, mobile food preparation vehicleS, which operate ~ at more than one location in any calendar day, shall comply ~-- 5 with the following additionalrequirements. ~ (a) Coffee urns shall be installed in a compartment 5 that will prevent excessive spillage of coffee in the interior 6 of the vehicle in the event of a sudden s~op, collision, or 7 overturn, or, as an alternative to this requirement, coffee 8 urns shall be equipped with positive closing lids as well as 9 perforated metal protective sleeves on the glass liquid level t0 sight gauges. 11 (b) Deep fat fryers are prohibited unless equipped 12 with positive closing lids to contain the fat and to prevent 13 splashing or excessive spillage in transit or in the event of t~ a sudden stop, collision or overturn of the vehicle. Such 15 lids shall be designed and constructed so as to prevent 16 pressure buildup which could result in an explosion. All 17 lids .shall be kept positively closed while the vehicle is in 18 motion. Signs setting forth the latter requirement shall be 19 posted in both English and Spanish. 20' (c) Water bath or steam hot food insert warming 21 tables shall be provided with baffles to prevent surging in ~ transit. All such tables, as well as dry heat units, their 23 insert food containers and similar equipment that contains hot 24 liquids or hot foods shall have positive closing lids to 25 contain all such liquids or food and to prevent splashing 26 or spillages in transit or in the event of a sudden stop, 27 collision, or overturn of the vehicle. Such lids shall be 28 designed and constructed so as to prevent pressure buildup 29 which could result in an explosion. All lids shall be posi- 50 tively closed while the vehicle is in motion. Signs setting 51 forth the latter requirement shall be posted in both English 52 and Spanish. Page 8 of 9 Pages 1 (d) Safety exit facilities. An alternate means of 2 exit in the side opposite the main exit door, or the roof, 5 or the rear of the vehicle, with unobstructed passage of 61 ~ cm x 61 cm (24 inches x 24 inches) minimum to the outside, 5 shall be provided. The interior latching mechanism shall be 6 operable by hand without special tools or key. The exit shall 7 be labeled "Safety Exit" in contrasting colors with at least 8 2.5.4 cm (1 inch) high letters. 9 PASSED AND ADOPTED at a regular meeting of the t0 City Council of the City of Tustin, California, held on the ~1 19th day of February ,1980. 16 ATTEST: x 7 c. c. : CITY !9 RLL:js:D:ll/20/79 22 23 24 25 26 ~7 2d 29 50 51 Pa e g 9 of 9 Pages STATE OF CALIFORNIA) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) RUTH C. POE, City Clerk and ex-officio Clerk of the City Council of the City of Tustin, California, does hereby certify that the whole number of members of the City Council of the City of Tustin is five; that the above and foregoing Ordinance No. 821 was duly and regularly introduced and read at a regular meeting of the City Council held on the 4th day of February , 1980 and was given its second reading and duly passed and adopted at a regular meeting held on the 19tk day of FebrU~r_v · 1980, by the following vote: AYES: COUNCII~MEN: SCHUSTER, SALTARELLI, KENNEDY. WELSH NOES: COUNCIL~,~.N: NONE ABSENT: COUNCILMEN: SHARP City Clerk, City PUBLISH TUSTIN NEWS: February 28, 1980