HomeMy WebLinkAboutORD FOR ADOPTION 02-19-80 (3)ORDINANCES FOR ADOPTION
No. 3
2~19-80
AGENDA ITEM:
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
BACKGROUND:
Ordinance No. 821 was introduced at 'the February 4th meeting.
RECC].?~!~DATION:
M. O. - that Ordinance No. 821 have second reading by title only.
M. O. - that Ordinance No. 821 be passed and adopted.
(ROLL CALL VOTE)
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SO
S2
ORDINANCE 'NO. 821
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFOP~X~IA,
~,tENDING ARTICLE 4, CHAPTER 1 PART
1 OF THE TUSTIN CITY CODE RELATING
TO THE REGULATION OF MOBILE FOOD
PREPAP~TION VEHICLES.
The City Council of the City of Tustin, California, does
ordain as follow, s:
SECTION 1. Section ~110 of the Tustin City Code is
amended to read as follows:
4110 DEFINITIOn, S
The following terms used. in this article shall have the
meanings indicated belo~:
"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 Safet~ Code.
"Health Department" or "'Department" shall mean the
Public Health and Medical 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 California
Health and Safety Code.
"Inspector" shall mean a sanitarian, as defined in Health
and Safety Code 'Section 540, employed by the Health Department
Page 1 of 9 Pages
! or the health officer or any deputy health officer authorized
2 to inspect premises or equipment for the enforcement of this Part.
~ "I~inerant restaurant"shall be as defined in Section 28523
4 of the California' H~ealth and Safety, Code.
5 "~obiie food preparation vehicle" shall mean any vehicle
6 i or portable food service unit upon ~..,hich food is cooked, wrapped,
7 II Ii packaged, ~rocesse~, or portioned for service, sale or distributi¢
8 "Restaurant" shall be as defined in Section 28522 of the
9 California Health and Safety Code.
l0 "Retail food production" and "marketing establishment"
!1 shall be as defined in Section 28802 of the California Health
12 and Safety Code.
13 "Vehicle" shall be as defined in Section 29524 of the
14 California Health' and Safety (lode.
15 "Vending machine" shall be as defined in Section 28225
161 of the California Health and Safety Code.
1~I "Vending machine business"' shall mean the business of selling
18i! food or beverages by means of vending machines, regardless of
19!i the location~ at which the vending machines are located.
'i SECTION 2. Section 4111 of the Tustin City Code is amended
~ to read as follows:
2~ 4111 PEP~4IT REQUIRED; CONDITIONS A~D TE~S
Z3 " (a) It shall be unlawful for any person or other legal
~4 entity.to operate any food-handling establishment, restaurant,
~5 intinerant restaurant, mobile food preparation vehicle, vehicle
~ vending machine business, bakery,food processing establishment,
~7 ice plant, self-contained ice olant or act as an ice distributor
~8 without first applying for and. receiving a food vending permit
29 issued bv the Health Department under the orovisions of this
50 Part. Retail food production and marketing establishments
51 shall not be subject to the provisions of this Part.
IIIII
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(b) ~]e 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
processin9 establishment and ice plant located in the City
of Tustin and any vending machine business operating vendin9
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
perm~ 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 permit 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 thre
service stops which shall include the address or exact location
and time of each stop. A rew[sed list shall be submitted when-
ever changes occur.
(d) No permit shall be granted, renewed or reinstated
unless the Health Department determines, upon 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'~hich 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 i's in accordance with the requirements of all
applicable provisions of theCalifornia Health and Safety Code,
of this Part and of all rules and regulations promulgated
under the ~ections below, and that said premises are capable of
being operated in accordance with such laws and regulations.
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(f) Permits may be granted at any t~me 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 premises or vehicle for which it is issued.
(g) Any permit previously issued to a mobile food
preparation vehicle shall be suspended unless the permittee
presents such vehicle to the Health Department and t~e Health
Department certifies that such vehicle is in full ccmpliance
with the applicable requirements of Tustin City Code Sections
4117 and 4118 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 compliance with
the aforesaid requirements of Sections 4117 and 4118, if he
finds that the applicant has made a good faith effort to comply
but cannot do so for reasons beyond his control, such as in-
adequate capacity of equipment fabrication contractors.
in such instances the applicant shall p~esent a written request
for an extension documenting 'the steps already undertaken,the
reasons compliance cannot be achieved within the prescribed
time period, and a timetable for full compliance. Extensions
shall not be granted for compliance with the requirements of
Section 4118 (b) concerning tlhe design and construction of lids
for deep fat fryers. '~
SECTION 3. Section 4117 is hereby added to the
Tustin City Code to read as follows:
4117 MOBII.E FOOD PREPARATION VEHICLES.
In addition to all other applicable provisions of the
Health and Safety Code and of this article, mobile food prepa-
ration vehicles shall comply with the following requirements:
(a) Compressors, auxiliary engines, generators,
batteries, battery chargers, gas-fueled water heaters, and
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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
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 %~i~hin 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
f!ushmounted and sealed and shhll be equipped with safety covers
approved by the Health Officer.. The minimum clearance from the
floor to ~he light'fixtu~e.~shall be at least 18S 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 conduit ~ith all splices or
connections being made within junction, outlet, or sQitch as
to prevent the use of extension cords exceeding 183 cm (6 feet).
Outside electrical connection receptacles shall be of weather-
proof design with cover.
(g) Firmly anchored seats equipped with backrests and
seat belts shall be provided for all occupants. If a
jump seat in the aisle is utilized, it shall fold in
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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 35.5 cm x 35.5 cm (14 inches 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 bs' the Health
Officer shall be provided and located in a convenient area
in an enclosed case.
(i) All pressure cylinders shall be secureiv
fastened to a rigid structure of the vehicle. All ligue-
fied petmoleum 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) ~"~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
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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 shalI be
made in the tubing between the tank and the appliance.
(8) AS~-approved L'P-gas tubing or standard
weight 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
orcvided with an AS~,~-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.PP~PARATION VEHICLES; ADDITIONAL
REQUIRF~NTS
In addition tothe requirements specified in Section
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4117 above, mobile food preparation vehicle~, which operate
at more than one location in any calendar day, shall comply
with the following additionalrequirements.
(a) Coffee urns shall be installed in a compartment .
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 alternative to this requirement, coffee
urns shall be equipped v3ith 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 vehicle. Such
lids shall be designed and constructed so as to prevent
pressure buildup which could result in an explosion. All
lids shall be keptpositivelyclosed while the vehicle is in
motion. 'Signs setting forth the latter requirement shall be
posted in both English and Spanish.
(c) Water bath or steam hot food insert warming
tables shall be provided with baffles to prevent s6rging in
transit. All such tables, as well as dry heat units, their
insert food containers and s.~[nilar equipment that contains hot
liquids or hot foods shall have oositive closing lids to
contain all such liquids or food and to prevent splashing
or spillages 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 be posi-
tively closed while the vehicle is in motion. Signs setting
forth the latter requirement shall be posted in both English
and Spanish.
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(d) Safety exit facilities. An alternate means 9f
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 ke~. The exit shall
be labeled "Safety Exit" in contrastin~ colors with at least
2.54 cm (! inch high letters.
PASSED AND ADOPTED at a regular meeting of the
City Council of the City of Tustin, California, held on the
da~, of ,1979
~-tAYOR
ATTEST:
CITY CLERK
RLL:js:D:ll/20/79
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