HomeMy WebLinkAboutORD FOR ADOPTION 07-20-92ORDINANCE FOR INTRODUCTION NO. 1
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JULY 20t 1992
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TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: COMMUNITY DEVELOPMENT DEPARTMENT
SUBJECT: PROPOSED AMENDMENT TO TUSTIN CITY CODE RELATING TO FOOD
HANDLING BUSINESSES AND HEALTH SERVICE FEES
RECOMMENDATION
It is recommended that the City Council:
1) Have first reading by title only and introduction of Ordinance
No. 1095; and
2) Advertise Ordinance 1095 for a public hearing on August 3,
1992
BACKGROUND AND _DISCUSSION
The County of Orange Health Care Agency has requested that the City
of Tustin update our codes regarding food handling businesses,
which are regulated by the County. The last time this code section
was updated was in 1985 and there have been some minor changes to
State law and Orange County regulations since that time. The
modifications to the existing regulations are summarized below and
included in the attached Ordinance No.'1095:
1. The definition section includes some new terms and deletes or
revises some of the previous terms.
2. The hearing process for review by the Orange County Health
Officer of violations have been modified to be consistent with
the County's procedures.
3. A new section has been added to provide for Health Service
fees, which are collected by the County Health Care Agency who
regulates food handling businesses located in Tustin.
City Council Report
Ordinance No. 1095
July 20, 1992
Page 2
CONCLUSION
It is recommended that the City Council have first reading by title
only and introduction of Ordinance No. 1095; and advertise
Ordinance No. 1095 for a public hearing on August 3, 1992.
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Christine A. Shingleton
Assistant City Manager
SP:kd:kbc/foodhndl.ord
Attachment: Ordinance No. 1095
Sara J. Pashalides
Associate Planner
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ORDINANCE NO. 1095
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, AMENDING SPECIFIED SECTIONS OF ARTICLE 4 OF
THE TUSTIN CITY CODE AS THEY RELATE TO FOOD
HANDLING BUSINESSES AND HEALTH SERVICES FEES
The City Council of the City of Tustin does hereby ordain as
follows:
Section 1: Part 1 of Chapter 1 of Article 4 of the Tustin
City Code is hereby repealed in its entirety and a new Part 1
is hereby added to read as follows:
Part 1 Food Handling Businesses
4110 Definitions
The following terms used in this part shall have the
meanings indicated below; provided, however, said definitions
shall also include any amendments or changes made to
referenced sections of the California Health and Safety Code
after January 1, 1991:
(a) Certified farmers' market shall be as defined in section
27512 of the California Health and Safety Code.
(b) Commissary shall be as defined in section 27513 of the
California Health and Safety Code.
(c) Food establishment shall be as defined in section 27520
of the California Health and Safety Code.
(d) Food facility shall be as defined in section 27521 of the
California Health and Safety Code.
(e) Food processing establishment shall be as defined in
section 28280.1 of the California Health and Safety Code.
(f) Health Department or Department shall mean the Orange
County Health Care Agency.
(g) Health Officer shall mean the County Health Officer or
his or her deputy.
(h) Inspector shall mean an Environmental Health Specialist,
as defined in Health and Safety Code section 517,
employed by the Health Department, or the Health Officer
or any deputy health officer authorized to inspect
premises or equipment for the enforcement of this
article.
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Ordinance No. 1095
Page 2
(i) Mobile food preparation unit shall be as defined in
section 27526 of the California Health and Safety Code.
(j ) Open-air barbecue facility shall be as defined in section
27528.5 of the California Health and Safety Code.
(k) Person shall be as defined in section 27530 of the
California Health and Safety Code.
(1) Premises shall include land, buildings, vehicles and
ships and other vessels wherein food is handled, stored,
distributed, prepared, processed, served or sold, and
also equipment installed or used in food establishments
or food facilities or on such premises.
(m) Produce stand shall be as defined in section 27533 of the
California Health and Safety Code.
(n) Restricted food service transient occupancy establishment
shall be as defined in section 27535.5 of the California
Health and Safety Code.
(o) Satellite food distribution facility shall be as defined
in section 27536.5 of the California Health and Safety
Code.
(p) Temporary food facility shall be as defined in section
27538 of the California Health and Safety Code.
(q) Vehicle shall be as defined in section 27540 of the
California Health and Safety Code.
(r) Vending machine shall be as defined in section 27541 of
the California Health and Safety Code.
(s) Vending machine business shall mean the business of
selling food or beverages by means of vending machines,
regardless of the number of locations at which the
vending machines are located.
4111 Permit required; conditions and terms.
(a) It shall be unlawful for any person to operate any
food. facility, vending machine business, food processing
establishment, or any other food handling business governed by
this part, without first applying for and receiving a food
vending permit issued by the Health Department under the
provisions of this part.
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Page 3
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(b) Every applicant for a food vending permit shall file
5 with the Health Department a written application which shall
state the name and address of the applicant, the character and
6 location of the activity for which a permit is required under
this part and such other information as the Health Department
7 may require. Applicants for a permit to operate a mobile food
preparation unit shall,in addition, provide a list of three
8 (3) service stops which shall include the address of exact
location and time of each stop.
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(c) A permit may be issued when investigation has
10 determined that the proposed facility and its method of
operation will conform to all applicable laws and regulations.
11 A permit, once issued, is nontransferable. A permit shall be
valid only for the person, location, type of food sales, or
12 distribution activity approved and, unless suspended or
revoked, for the time period indicated.
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(d) Any permit may be suspended or revoked for a
14 violation of any applicable provisions of law or regulation.
Any food facility, vending machine business, food processing
15 establishment, or any other food handling business governed by
this part, for which the permit has been suspended or revoked
16 shall close and remain closed until the permit has been
reinstated or until a new permit has been issued.
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(e) Permits may be granted at any time during the year.
18 A permit shall be posted in a conspicuous place on the
19 premises or vehicle for which it is issued.
20 4112 Construction, conversion and alteration.
A person proposing to build or remodel a food facility,
21 vending machine business, food processing establishment, or
any other food handling business governed by this part, shall
22 submit three (3) copies of the complete plans and
specifications to the Department for review and approval
23 pursuant to the applicable requirements of the California
Health and Safety Code. The Health Officer may thereafter
24 issue a certificate stating what modifications, if any, are
25 required for compliance with applicable laws and ordinances.
26 4113 Mobile food preparation units generally.
27 In addition to all other applicable provisions of the
Health and Safety Code and of this part, mobile food
28 preparation units shall comply with the following safety
requirements:
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Ordinance No. 1095
Page 4
a. Compressors, auxiliary engines, generators, batteries,
battery chargers, gas -fueled water heaters, and similar
equipment shall be installed so as to be accessible only
from the outside of the unit.
b. All equipment installed in any part of the unit 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 unit,
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 sudden 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.
e. Ceiling light fixtures shall be recessed or flush -mounted
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 one
hundred eight -eight (188) centimeters (seventy-six'(76)
inches) or the fixture shall be installed out of the
traffic aisle or work area.
f. High voltage (110-120 v) electrical wiring shall be
properly 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
one hundred eight -three (18 3 ) centimeters ( six ( 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 mechanism. Seats and
backrests shall be at least thirty-five and five -tenths
(35.5) centimeters by thirty-five and five -tenths (35.5)
centimeters (fourteen (14) inches by fourteen (14)
inches) in size. All occupants shall be seated, shall
wear seat belts and shall not cook or prepare food while
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Ordinance No. 1095
Page 5
the unit 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 unit. All liquefied 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 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 compartment, 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 requirements
shall be met:
(a) All tank valves and fittings shall be readily
accessible from outside the unit.
(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 unit 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 protected
against chafing.
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Ordinance No. 1095
Page 6
(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 weight pipe
shall be used throughout.
(9) Protective "thread" caps shall be installed on
fill -line check valves.
(10) Every appliance fueled by LP gas shall be equipped
with a pilot light attachment and 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 Marshal 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.
4114 Additional requirements for mobile food preparation
units operating in multi -locations in any day.
In addition to the requirements specified in section 4113
above, mobile food preparation units which operate at more
than one (1) location in any calendar day, shall comply with
the following additional requirements:
a. Coffee urns shall be installed in a compartment that will
prevent excessive spillage of coffee in the interior of
the unit in the event of a sudden stop, collision or
overturn, or, as an alternative to this requirement,
coffee urns shall be equipped with positive closing lids
as well as perforated metal protective sleeves on the
glass liquid level sight gauges.
b. 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
unit. Such lids shall be designed and constructed so as
to prevent pressure buildup which could result in an
explosion. All lids shall be kept positively closed
while the unit is in motion. Signs setting forth the
latter requirements shall be posted in both English and
Spanish.
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Ordinance No. 1095
Page 7
C. Water bath or steam food insert 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 unit. Such
lids shall be designed and constructed so as to prevent
pressure buildup which could result in an explosion. All
lids shall be positively closed while the unit is in
motion. Signs setting forth the latter requirement shall
be posted in both English and Spanish.
d. An alternate means of exit in the side opposite the main
-exit door, or the roof, or the rear of the unit, with
unobstructed passage of sixty-one (61) centimeters by
ninety-two (92) centimeters (twenty-four (24) inches by
thirty-six (36) 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 last two and fifty-four one -hundredths (2.54)
centimeters (one (1) inch) high letters. .
4115 Enforcement Procedures
a Suspension of permits
A permit issued under this part or its predecessor may
be suspended or revoked under the procedure set forth in this
part for any of the following reasons :
(1) Violation of State law;
(2) Violation of this Code;
(3) Violation of the rules and regulations adopted pursuant
to this part; or
(4) Upon recommendation by the Health Officer.
b Notice of Violation
When any laws, this part, or rules and regulations have
been violated, an inspector may serve written notice thereof
entitled "Notice of Violation," specifying:
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Ordinance No. 1095
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(1) The acts or omissions with which the permittee is
charged.
(2) The provision or provisions violated thereby.
(3) The corrective steps required.
(4 ) The date by which all such corrections must be completed,
allowing a reasonable period therefor.
(5) That the permittee has a right to a hearing upon written
request or that a mandatory hearing has been scheduled.
(6) That if no hearing is requested or the permittee fails to
appear at the scheduled hearing and if ,the Health
Department does not receive notice that all such
corrections have been made before 9:00 a.m. of the date
specified under subsection b (4 ) above, the permit will be
subject to suspension or revocation from that time until
all violations have been corrected.
c Hearing
The hearing shall be held by the Health Officer or his or
her duly authorized representative who is a qualified
Environmental Health Specialist as defined in section 517 of
the Health and Safety Code and registered as provided in
section 529 thereof, but shall not be the inspector who
reported the violations or who inspected any corrective
measure taken.
(1) The permit holder shall have the right to a hearing, if
requested, on all violations listed in the notice. A
written request for a hearing shall be made by the
permittee within f if teen (15 ) calendar days after receipt
of the notice. A failure to request a hearing within
fifteen (15 ) calendar days after receipt of the notice
shall be deemed a waiver of the right to a hearing. When
circumstances warrant, the hearing officer may order a
hearing at any reasonable time within -this fifteen (15)
day period to expedite the permit suspension or
revocation process.
(2 ) The hearing shall be held within fifteen (15 ) calendar
days of the receipt of a request for a hearing. Upon
written request of the permittee, the hearing officer may
postpone any hearing date, if circumstances warrant such
action.
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Ordinance No. 1095
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(3) At the conclusion of the hearing, the hearing officer
shall issue a written notice of decision to the
permittee within five (5) working days following the
hearing. In the event of a suspension or revocation, the
notice shall specify the acts or omissions with which the
permittee is charged, and shall state the terms of the
suspension, or that the permit has been revoked.
(4) The Health Officer may, after providing opportunity for
a hearing, modify, suspend, or revoke a permit for
serious or repeated violations of any of the .requirements
of the applicable laws, rules and regulations.
d Suspension for refusal of entry.
It shall be a violation of this part for any person to
deny or hinder entry by any inspector for the purpose of
inspecting any of the premises described in section 4111
above, or any portion thereof; and in such vent the inspector
may forthwith suspend the food vending permit issued for the
premises.
e Summary suspension.
(1) If any immediate danger to the public health or
safety is found, unless the danger is immediately corrected,
an inspector may temporarily suspend the permit and order the
premises immediately closed. "Immediate danger to the public
health and safety" means any condition, based upon inspection
findings or other evidence, that can cause food infection,
food intoxication, disease transmission, or hazardous
condition, including but not limited to unsafe food
temperature, sewage contamination, nonpotable water supply, or
an employee who is a carrier of a communicable disease.
(2) Whenever a permit is suspended as the result of an
immediate danger to the public health or safety, the inspector
shall issue to the permittee a notice setting forth the acts
or omissions with which the permittee is charged, specifying
the pertinent code section, and informing the permittee of the
right to a hearing.
(3 ) At any time within fifteen (15 ) calendar days after
service of a notice pursuant to subsection (b), the permittee
may request in writing a hearing before a hearing officer to
show cause why the permit suspension is not warranted. The
hearing shall be held within fifteen (15 ) calendar days of the
receipt of a request for a hearing. A failure to request a
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Ordinance No. 1095
Page 10
hearing within fifteen (15 ) calendar days shall be deemed a
waiver of the right to such hearing.
4116 Supervision of closing down premises.
When any permit is first suspended hereunder, or when any
premises 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 premises are
closed down in a 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 of
the premises, the owner of the premises shall be notified -of
the unsanitary conditions and shall be required to take such
remedial action as may be necessary to obviate such condition.
4117 Rules and regulations.
a The Health Officer may adopt and enforce rules and
regulations necessary to administer this part including, but
not limited to, regulations pertaining to:
(1) Forms for applications, permits and notices.
(2) Forms and procedures for hearings upon the granting,
denying, suspending, revoking or reinstating of permits.
(3) Inspection of premises and reporting thereon.
b Penalty.
Any person violating any of the provisions of this part
shall be guilty of a misdemeanor.
c Preemption.
This part shall not apply to any matter to which it is
preempted by State law.
Section 2: Part 3 of Chapter 1 of Article 4 of the
Tustin City Code is hereby added to read as follows:
Part 3 Health Services Fee
4130 Definitions
The following terms used in the part shall have the
meaning indicated below:
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2 Ordinance No. 1095
Page 11
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(a) Health Department or Department shall mean the Orange
5 County Health Care Agency.
6 (b) Health Officer shall mean the County Health Officer or
his or her duly authorized representative.
(c) Person shall mean an individual, partnership, corporation
8 or other legal entity.
9 (d) Receipt shall mean a County public health services fee
receipt.
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4131 Purpose and authority.
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The purpose of this part is to establish fees sufficient
12 to meet the reasonable expenses of the Health Officer in
enforcing State statutes, orders, quarantines and rules and
13 regulations of State offices and departments relating to
public health, which expenses are hereby found not to be met
14 by the fees prescribed by the State. The authority for this
part is contained in section 510 of the Health and Safety
15 Code.
16 4132 Area of application.
17 This part shall be enforceable within the territory in
which the Health Officer enforces any State statute, order,
18 quarantine or rule or regulation of any State office or
department relating to public health, within the City of
19 Tustin.
20 4133 Violation.
21 It shall be unlawful for any person to conduct any
activity enumerated in this part without a valid receipt.
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4134 Separate activities.
23
If a person shall conduct more than one of the activities
24 for which a receipt is required, he must obtain a separate
receipt for each activity, except as otherwise provided
25 herein.
26 4135 Applications.
27 Applications for a receipt shall be filed with the Health
Department on a form to be provided by that Department. The
28 applications shall be accompanied by payment of the required
fee. An applicant .for or recipient of a receipt shall provide
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Ordinance No. 1095
Page 12
the Health Officer with any information requested by him or
her.
4136 Rules and regulations.
The Health Officer shall administer this part and may
issue regulations and prepare application and identification
forms pertaining thereto.
4137 Fees.
The County may, by annual Board Resolution, adopt health
service fees to be paid by the proprietor or operator of the
Food Facility. Such fees are to be paid directly to the
County Health Officer and retained by the County as
reimbursement for said services related to this chapter.
Passed and.adopted at a regular meeting of the City Council
held on the 3rd day of August, 1992.
MARY E. WYNN
City Clerk
LESLIE ANNE PONTIOUS
Mayor