HomeMy WebLinkAboutORD 302 (1966) 1 ORDINANCE NO. 302
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING CHAPTER 11 OF THE TUSTIN CITY CODE,
RELATIVE TO FOOD AND FOOD ESTABLISHMENTS.
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5 The City Council of the City of Tustin, California,
6 does ordain as follows:
V Chapter 11 of the Tustin City Code is hereby amended
8 to read as follows:
9 Section 1. Definitions.
10 The following terms used in' this Chapter shall have the mean-
11 ings indicated below:
12 HEALTH DEPARTMENT or DEPARTMENT shall mean the Orange County
13 Health Department, which acts as the health department of the City,
14 pursuant to resolution made under the provisions of Sections 476
15 and 477 of the Health and Safety Code of the State of California.
16 HEALTH OFFICER shall mean the County Health Officer or his
17 deputy or assistant duly authorized to act in his behalf in case
18 of his absence or incapacity.
19 INSPECTOR shall mean a sanitarian, as defined in Health and
20 Safety Code Section 540, employed by the Health Department, or the
~1 Health Officer or any deputy health officer authorized to inspect
~2 premises or equipment for the enforcement of this Ordinance.
23 PREMISES shall include vehicles subject to the provisions of
2~ this Ordinance, and equipment installed or used in food establish-
25 ments, or in such vehicles.
26 Section 2. Permit required; Conditions and Term.
27 (a) It shall be unlawful for any person or other legal entit'
28 tO operate, within the City of Tustin, any business in which food
29 is prepared or served for public consumption upon the premises or
50 ~t ~.sewhere, or any food processing or manufacturing plant, or ~/~ny
I tion issued by the Health Department under the provisions of this
2 Ordinance.
~- 3 (b) The places of business for which such permits are required
4 shall include, but shall not be limited to, any restaurant, care,
5 lunch counter, cafeteria, soda fountain, ice cream parlor, soft
· 6 drink stand, grocery, meat market, bakery, popcorm or peanut stand
7 bottling plant, wholesale warehouse, vehicle and businesses which
8 service rending machines located in the City of Tustin, regardless
9 of the location of the facilities from which they are serviced.
10 (c) This Ordinance shall not apply to cigar stands or other
11 places of business or vehicles where no food Of any-kind is sold,
12 other than Candy, or soft drinks received and sold in sealed con
13 tainers, nor to vehicles engaged in the delivery of food products
14 to wholesale or retail establishments for resale.
15 (d) No permit shall be granted, renewed or reinstated unless
16 the Health Department determines that the condition of the premises
17 is in accordance with the requirements of applicable provisions of
18 the Health and Safety Code, of this Ordinance, and of all rules
'19 and regulations promulgated under Section 5 below, and that said
20 premises are equipped so as to be capable of being operated in
21 accordance therewith.
22 (e) Permits may be granted at any time during the year, but
23 all permits shall expire at the end of the calender (fiscal) year.
24 Each permit shall be posted in a conspicuous place on the premises
25 or vehicle for which it is issued.
~6 SECTION 3. Business license withheld.
27 When a new business, of a kind which is required by ordinance
28 to have a business license as well as a Food Vending Permit here-
29 under, applies for such business license, it shall not be issued
30 until the Health Department and the City Building and Safety
31 partment have inspected and approved the premises and a Food Vend-
=~2 ing permit has been issued.
~'~v~VL~" 8~C~ION_~ 4. ..... ~ns~r~C.~i.0n, c0nve.rs!q~. and ~1
~aOGKIR'~ITIZINl
1 Prior to construction, conversion or alteration of a building
Z for use as a food establishment, or oonstruction or purchase of a
5 model of vehicle not previously under permit to any person in the
4 City, two copies of the plans and specifications therefor shall be
5 submitted to the Health Department. The Health Officer or his
6' authorized deputy shall thereafter issue his certificate stating
7 what modifications, if any, he deems required for compliance with
8 applicable laws and ordinances.
9 SECTION 5. Rules and requlations.
10 The Health Officer shall have the power to adopt and enforce
11 rules and regulations interpreting and applying, iX specific sit-
12 uations, the provisions of all applicable State and local laws and
13 of this ordinance, including those relating to:
..... 14 (a) Preparation, distribution and serving of .wholesome, safe
15 and sanitary food and drink.
16 (b) Sanitary design and construction of new or remodeled build-
17 ings or vehicles.
18 (c) Sanitary design and construction of food service equipment
19 and utensils.
20 (d) Required equipment and utensils.
21 (e) Washing and saniti~ing of eating and drinking utensils.
22 (f) Safe and sanitary food handling practices.
23 (g) Protection of food from contamination and spoilage.
Z4 (h). Provision'of adequate toilet and handwashing facilities.
25 (i) Maintenance of the building and premises in a sanitary
~6 manner.
27 ~ u~fe L=~'~:~Dr su~21y and sanitary sewage ~isposa!~
28 (k) Exc~usx.~n and control o~ rodcnt~ in~cts and
29 (!) Personal health and hygiene of employees.
50 (m) Forms for applications, permits and notices.
3! (n) Forms and procedure for hearings upon the granting, denyi~'
suspending, revoking, or reinstating of permits.
CR0~ER.CITIZENi
BANK BUt~DING
eOO NO~M BROADWAY
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(O) Inspections of premises, reporting thereon, and the issuance
of criminal complaints.
SECTION 6. Suspension of permits.
4
A permit issued under this Ordinance or its predecessor may be
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suspended, under the procedure set forth in Sections 7 through 11,
for either of the following: (a) for any violation of State law,
7
of this Ordinance, or of the rules and regulations mentioned above,
8
or (b) upon a recommendation for revocation of the permit, pendin~
9
a hearing thereon.
10
SECTION 7. Notice of violation.
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Upon receiving evidence of or observing a violation of said
1Z
laws, this Ordinance, or said rules, an inspector may serve writ-
15
ten notice thereof entitled "Notice of Violation", !specifying:
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(a) The acts and conditions constituting each violation.
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=~ (b) The provision or provisions violated thereby.
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(c) The corrective steps required.
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(d) The date by which all such corrections must be completed,
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allowing a reasonable period therefor.
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(e) That the permittee has a right to a hearing, upon request,
and,
(f) That if no hearing is requested, and if the Health Depart-
ment does not receive notice that all such corrections have been
made before 9:00 A.M. of the date named under (d) above, the per-
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mit will be suspended from that time until such violations are
corrected.
.Z6
.~.g. ECTI.ON. 9. Revqc.ation for.. repeat.e~d ..yiolatip~_S?
If there shall have been three or more Notices of Violation
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issued within the previous year as to the premises in question as
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provided in Section 7, and not overruled upon hearing, the order
30
of the hearing Officer or, if no hearing is held, of the inspector,
who is responsible for the third such notice, shall recommend to
the Health Officer whether o~. not the permit shall be revoked as
BUILDING
~ provided below. If it is so recommended, the permit may be order-
~ ed suspended forthwith, pending the hearing on such proposed re-
5 vocation. ·
4 Upon such a recommendation for revocation by the hearing of-
5 ficer, the permit in question may be revoked by the Health Officer
· 8 after hearing, upon his finding that such violations were serious
7 enough and showed such lack of responsibility towards the public
8 health as to require such Irevocation to protect the public health.
9 SECTION 10. Suspension for refusal of entry.
i0 It shall be a violation of this ordinance for any person to
11 deny or hinder entry by any inspector for the purpose of inspect-
12 ing any of the premises described in Section 2, above, or any por-
13 tion thereof; and in such event the inspector may forthwith sus-
14 pend the Food Vending Permit issued for the premises.
15 SECTION 11. Summary ..s.usDension.
16 Whenever an inspector finds unsanitary or other conditions in
17 the operation of any food establishment which, in his. judgment,
18 constitute an immediate and substantial hazard to the public health,
19 he shall issue a written notice to the permit holder or person in
20 charge of the premises as provided in Section 7 above, except that
21 instead of the matter specified under (f), it shall state that the
22 permit is immediately discontinued and shall set forth the sub-
23 stance of the following sentence. Any person to whom such an order
24 is issue~ shall immediately comply therewith; b~ut, upon request
25 made to the inspec'cor who orders the suspensi~xt,~ erc
!26 Officer or hi~ ~uthorized regresentative, eit?~er ~ersc' ~"~lly or by
27 telephone or in w~iting. he sha2. l ]-.e a~ffg~f;~!c$~ ~ ~u,x'in~C as scc~
28 possible. and notice of its setting may be given iF~ t-~.-~ same manne~
29 as the request.
30 SECTION !2. :~upervision Of clos~._n~, down premises.
3! '~nen any I~ermit ls first sr!/?"'ended hereunder~. or when any
32 premises goverued hereby Ls defi~"..i.-~5! in Sectic'~ 2 hc~ll-~. have
~,.~<=~.w~-,~w closed Eor business and !e~t in an unsanitary condition, the
i Department shall have the power to enter to insure that the pre-
Z mises are closed down in a manner which will not endanger the
5 public health. IE the permittee or his employee in charge cannot
4 be found, or is unwilling or unable to remedy the condition of the
5 premises, the owner shall be responsible for doing so.
6 SECTION .1.3 ~ Penalty.
? Any person violating any of the provisions of this Ordinance
8 shall be deemed guilty of a misdemeanor and upon conviction shall
9 be punished by a fine not less than Twenty-five Dollars ($25.00)
10 and not more than Five Hundred Dollars ($500.00) or by imprison-
!1 ment in the County Jail for a period not exceeding six (6) months,
lZ or by both such fine and imprisonment.
t3 SECTION 14. This Ordinance shall take effect thirty days from and
14 after the date of its adoption.
15 PASSED AND ADOPTED at a regular meeting of the City
16 Council of the City of Tustin, held on the 21st day of February, 1966.
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19 MAYOR
ATT~~
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CRQ{KgR.GITIZENi
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BROADWAy
ANA,'-CALfF.
! STATE OF CALIFORNIA, )
Z CITY. OF
5 RUTH C. POE, City Clerk. and ex,-.0fficio Clerk of the City
4 Council of the City of Tustin, California, does hereby certify that
, .- ., 5 the whole number of the members of the City Council of the City of
6 Tustin is five; that the above .and foregoing Ordinance was duly
7 and regularly introduced and read at the regular meeting of the City
8 Council held on the ?th day of F. ebruanv , 1965, and was given i~s
9 second reading and duly passed and adopted at a regular meeting held
10 on the
11 AYES: COUNCILMEN MACK.
12 NOES: COUNCILMEN NONE
- - 13 ABSENT: COUNCILMEN NONF.
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