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HomeMy WebLinkAboutORD 593 (1973) 1 ORDINANCE NO. 593 2 AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA AMENDING THE TUSTIN CITY CODE RELATIVE TO THE 3 ISSUANCE OF PERMITS FOR AND REGULATIONS APPLICABLE ~-~ TO FOOD HANDLING ESTABLISHMENTS AND PROVIDING A 4 PENALTY FOR THE VIOLATION THEREOF. ' 5 The City Council of the City of Tustin, California, 6 does ordain as follows: ~ Chapter I1 of the Tustin City Code is hereby amended 8 to rea. d as follows: 9 CHAPTER 1t FOOD AND FOOD ESTABLIStL~4ENT 10 Section 11-1 Definitions 11 The following terms used in this Article shall have the meanings indicated below: HEALTH DEPARTMENT OR DEPARTMENT shall mean the Orange 13 County Health Department. 14 HEALTH OFFICER shall mean the County Health Officer or his deputy or assistant duly authorized to act in his behalf 15 in case of his absence or incapacity. 16 INSPECTOR sh~!! mean a sanit~rian~ as defined in Health and Safety Code Section 540, employed by the Health Department 1V or the Health. Officer or any deputy health officer authorized to inspect food-handling establishments or equipment for the 18 enforcement of this Article. 19 FOOD-HANDLING ESTABLISHMENTS shall include land, build- ings, vehicles, ships and other vessels wherein food is 20 handled, stored, distributed, prepared, processed, served, or sold, and also equipment installed or used in food- ~1 handling establishments. BAKERY shall be as defined in Section 28190 of the California Health and Safety Code. FOOD PROCESSING ESTABLISHMENT shall be as defined in Section 28280.1 of the California Health and Safety Code. 25 RESTAURANT shall be as defined in Section 28522 of the California Health and Safety Code. ~6 ITINERANT RESTAURANT shall be as defined in Section Z7 28523 of the California Health and Safety Code. ~ 28 RETAIL FOOD PRODUCTION AND MARKETING ESTABLISHMENT shall be as defined in Section 28802 of the California Health and~ 29 Safety Code. 50 VEHICLE shall be as defined in Section 285,24 of the California Health and Safety Code. 31 VENDING MACHINE BUSINESS shall mean the business of ~ ~ ~"~ foO~ ~ beverages ~,, m~ns of rending machines tltlKC & MOLl,ROOK regardless of the number of locations at which the vending machines are located. ICE PLANT, SELF-CONTAINED ICE PLANT, AND ICE DISTRIBUTOR ~ shall be as defined in Section 4003 of the California Health and' Safety Code. __~, '4 Section 11"-2 Permit Required; Conditions and Terms a. It shall be unl~.wful for any person or other legal 6 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 re- ceiving a Food Vending Permit for such operation- issued by 8 the Health Department under the provisions of this Ordinance. Retail Food Production and Marketing Establishments shall 9 not be subject to the provisions of 'this Ordinance. 10 b. The food-handling establishments to which this Ordinance applies shall include, but not be limited to, 11 any restaurant, itinerant restaurant~ food vehicle, food vessel, bakery, food processing establishment and ice plant 12 located in the City of Tustin and any rending machine business operating vending machines in the City of Tustin 15 regardless of the location of the facilities from which they are served. c. Every applicant for a Food Vending Permit shall 15 file with the Health Department a written application which shall state the name and address of the applicant, the 16 location of the food handling establishment, the character of the establishment which is proposed to be cj~nd.ucted.- and ~ suc'n other information as the Health Department may require. d. No permit shall be granted, r~.newed 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 conditions exist in the establishment which are, or which may be, unsafe~ insanitary, unwholeso'me or detri- mental to the health of the patrons, consu'mers, 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 food-handling establishment is in accordance with the requirements of all applicable provisions of the C~lifornia Health and Safety Code, of this Ordinance, and of all rules and regulations pro'mulgated under the Sections below, and that said food-handling establishments are capable of being operated in accordance with such laws and regulations · ~8 f. Permits may be granted at any time during the year, but all permits shall expire at the end of the calendar 29 year. Each permit shall be posted in a conspicuous p].ace,, on the food-handling establishment or vehicle for which it 50 is issued. 51 Section 11-3 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 City, 3 copies of the plans and specifications there- fore shall be submitted to the Health Department. The Health Officer or his authorized deputy shall thereafter issue his certificate stating what modificat.ions, if any, he deems required for compl'iance with applicable laws and ordinances. Section 11-4 Building Permits The Building Department of the City of Tustin shall notify the Health Department when plans are received to build or remodel a food establishment. A building permit shall not be issued until the Health' Department has approved the plans° Section 11-5 Sanitation Requirements a. All food-handling establishments for which a permit is required by this Ordinance 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. Section 11-6 Su__~pension of Permits A permit issued under this Article may be suspended, under Ithe procedure set forth in Sections 7 through 10 for any of the following reasons: ' a. violation of State law, b. violation of this Ordinance, c. upon a recommendation for revocation of the permit pending a hearing thereon. ' Section 11-7 Notice of Violation When any of the aforesaid laws, this Ordinance, or rules and regulations have 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 ~orrective steps required, " d. the date by which all such corrections must be completed, allowing a reasonable period therefore, e. that the p~rmittee has a right to a h~aring, 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 o'm. of the date named under (d) above, or within 15 days after service of the written notice, whichever co'mes first~ the permit will be suspended from that time unti~_ such violations are corrected. Section 11-8 Hearinq. 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 7 (d) a written or oral request for a hearing, or notice that all violations have been corrected 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 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 permittee. 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- Section 11-9 S_uspension for Refusal of Entry It shall be a violation of this ordinance for any person to deny or hinder entry by an inspector for the purpose of inspect'~ing any of the food-handling establishments described in Section !, above, or any portion thereof; and in such event the inspector may forthwith suspen,d the Food Vending Permit issued for the establishment. Section 11-10 Summary Suspension Whenever an inspector finds insanitary or other condi-. tions in the operation of any food establishment which, in his judgement, 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 food-handling estab-~ li'shment stating that the permit is immediately suspended and shall set forth the substance of the suspension as provided in Section 7. Any person to whom such an order is issued shall immediately co'reply therewith; but, upon request made t.o 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 1 Section 11-11 Supervision of Closing Down Premises ~ When any permit is first suspended hereunder, or when any food-handling establishment governed hereby as defined ~ in Section 2 shall have been closed for business and left in an insanitary condition, the Health Department shall have ~" 4 the power to enter to insure that the food-handling establish- ments are closed down in a manner which will not endanger 5 the public health. If the permittee or his employee in charge cannot be found, or is unwilling or unable' to remedy 6 the condition of the food-handling establishment, the owner of the food-handling establishment shall be notified of the 7 insanitary conditions and shall be required to take such remedial action as may be necessary to obviate such dondition. Section 11-12 Rules and Requlations 9 The Health Officer may adopt and enforce rules and 10 regulations necessary to administer this Article including regulations pertaining to: I1 a. forms for applications, permits and notices 12. b. forms and procedures for hearings upon the granting, 15 denying, suspending, revoking or reinstating of permits c. inspections of food-handling establishments and reporting thereon. PASSED AND ADOPED at a regular meeting of the City Council of the City of ~stin, held on the 20th day of August, 1973. / ~ ~YOR Z1 ATTEST: 22 City Ci~ 27 28 30 31 52 jno-~h 7/o= 173 ~TTO~N~y~ AT ~W ~ANTA ANA, CALIF. STATE OF C~3~IFORNIA) 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 fore- going Ordinance No. 593 was duly and regularly introduced and read at a regular meeting of the City Council held on the 6th day of August r 197 3 , and was given its second reading and duly passed and adopted 'a~ a regular meeting held on the 20th day of 'August , 1973, by the following vote: AYES: COUNCILMEN SALTARELLI, LANGLEY, MILLER, WES~:~t, WOODRUFF NOES: COUNCILMEN NONE - ABSENT: COUNCILMEN NONE -- .~~y of Tustin, Cali~o~ia_