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HomeMy WebLinkAboutOrdinance #1254 ORDINANCE NO.1254 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNT INGTON BEACH REPEALING ART- ICLE 331 AND REPEALING ALL SECTIONS THEREOF; ADDING NEW ARTICLE 331 AND SECTIONS THEREOF RELATING .TO FOOD HAND- LING ESTABLISHMENTS The City Council of the City of Huntington Beach does ordain as follows Section 1. That Article 331 of the Huntington Beach Ordinance Code and all sections thereof are hereby repealed. Section 2 . That a new Article 331 is hereby added to the Huntington Beach Ordinance Code to read in words and figures as follows : ARTICLE 331 FOOD HANDLING ESTABLISHMENTS Section 3 . That the following sections are hereby added to Article 331 of the Huntington Beach Ordinance Code to read in words and figures as follows : S.. 3311. Definitions . The following terms used in this Ordinance shall have the meanings indicated below: S . 3311. 1 Health- Department Or Department shall mean the Orange County Health Department, which 'acts as the health department of the City pursuant to reso- lution made under the provisions of Section 476 and 477 of the Health and Safety Code of the State of California. S • 3311. 2 He`alth'.Officer shall mean the County Health Officer or his deputy or assistant duly auth- orized to act in his behalf in case of his absence or in- capacity. l Ord. No . 1254 S . 3311.3 Inspector shall mean a sanitarian, as de- fined in Health and Safety Code Section 540, 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 Ordinance . S . 3311.4 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 on such premises . S . 3312 . Permit Required; Conditions and Term. S. 3312.1 It shall be unlawful for any person or other legal entity to operate, within the City of Huntington Beach, any business in which food is prepared, sold or served for public consumption upon the premises or elsewhere, or any food processing or manufacturing plant, or any store, vehicle, vessel or facility for the sale, storage or retail or wholesale distribution of foods or beverages, without first applying for and receiving a Food Vending Per- mit for such operation issued by the Health Department under the provisions of this Ordinance . S . 3312 .2 The places of business for which such permits are required shall include, but shall not be limited to, any restaurant, cafe, lunch counter, cafeteria, soda fountain, ice cream parlor, soft drink stand, fruit and vegetable stand, grocery, meat market, bakery, popcorn or peanut stand, bottling plant, wholesale warehouse, food vend- ing vehicle and vessel, and businesses which service vending machines located in the City of Huntington Beach, regardless of the location of the facilities from which such vending machines are serviced. S . 3312 .3 This Ordinance shall not apply to cigar stands or other places of business or vehicles where no food of any kind is sold, other than candy, or soft drinks received and sold in sealed containers, nor to vehicles engaged in the delivery of food products to wholesale or re- tail establishments for resale . S . 3312 .4 Every applicant for a Food Vending Permit shall file with the Health Department a written application which shall state the nam e and address of the applicant, the location of the food handling busi- ness, the character of the business which is proposed. to be conducted and such other information as the Health Depart- ment may require . 2 Ord. No . 1254 S . 3312 . 5 No permit shall be granted, renewed or re- instated unless the Health Department deter- mines , upon making an investigation, that the place of bus- iness for which the application is made is equipped, oper- ated 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 . S . 3312 .6 Nor shall a permit be granted, renewed or reinstated unless the Health Department de- termines that the condition of the premises is in accordance with the requirements of all applicable provisions of the California Health and. Safety Code, of theordinances of the City of Huntington Beach, of this Ordinance, and. of all rules and regulations promulgated under Section :3318-below, and that said premises are capable of being operated. in accordance with such laws and regulations . S . 3312 .7 Permits may be granted at any time during the year, but all permits shall expire at the end of the calendar (fiscal) year. Each permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued. S . 3313 . Construction, Conversion and Alteration . Prior to the construction, conversion or al- teration of a building for use as a food establishment, or construction or purchase of a model of vehicle not previous- ly under permit to any person in the City, two copies of the plans and specifications therefor shall be submitted to the Health Department . The Health Officer or his authorized deputy shall thereafter issue his certificate stating what modifications, if any, he deems required for compliance with applicable laws and. ordinances . S . 3314. Sanitation Requirements . All businesses and premises for which a permit is required by this Ordinance shall be constructed, equipped, operated and maintained so as to comply with the following sanitation re- quirements : S . 3314. 1 Ingredients used in the preparation of foods or beverages, and all foods or beverages shall, at all times, be pure, free from adulteration and spoilage, shall have been obtained from approved sources, when such approval is required by law, and shall otherwise be fully fit for human consumption. S . 3314. 2 All foods, beverages, utensils and equipment shall, at all times, .be protected from con- tamination and pollution by dust, dirt, flies, vermin, 3 Ord. No .1254 rodents, animals, unnecessary handling, droplet infection, overhead leakage, insecticides, rodenticides, cleaning com- pounds and other poisonous or deleterious substances, and all other forms of contamination. S . 3314. 3 All readily perishable foods or beverages, and any foods or beverages capable of sup- porting the rapid. and progressive growth of micro-organisms which can cause food. infections or food intoxications, shall, when being held, stored, distributed, transported or dis- played for sale or service, be maintained at or below a tem- perature of 50OF. All such foods or beverages, when being maintained hot for serving, or while being served. hot, shall be kept at a temperature above 1400F . No such foods or bev- erages shall be held at such temperatures for such periods of time and under such conditions which can cause food in- toxication or infection. Accurate thermometers shall be in- stalled in all refrigerators and food. warming devices so as to be readily visible; and thermometers shall be readily available for measuring the temperatures of perishable foods . S . 3314.4 All employees preparing, serving, or hand- ling food shall wear clean washable outer garments or other clean uniforms and shall keep their hands clean at all times while engaged in handling food, beverage, or utensils . All such food handlers shall wash their hands and arms with soap or detergent and warm water before com- mencing work after using toilet facilities and before re- turning to work, and at such other times as are necessary to prevent contamination of food. S . 3314.4. 1 All employees shall wear hairnets, caps, headbands, or other suitable coverings which confine the hair. Wherever practical, employees serv- ing food shall use tongs or other implements rather than their hands . The use of tobacco in any form by an employee while handling or serving food, beverage, or utensils is prohibited. No employee or other person shall use tobacco in any form in any room or space used primarily for the preparation of food., and the employer shall post and main- tain "No Smoking" signs in such rooms or places . S . 3314. 5 No person shall be employed in connection with a food. establishment who, in the opinion of the Health Officer, is affected with, or a carrier of, any disease in a state which is likely to be communicable to persons exposed as a result of the affected. employee ' s nor- mal duties as a food handler. S . 3314. 6 All premises shall be so constructed, equip- ped, operated and maintained so as to pre- vent the entrance, harborage and breeding of rodents, flies, 4 Ord. No . 1254 insects and other vermin. The doors, windows and other openings of all premises shall be fitted with self-closing doors, screens or other mechanical devices to effectively exclude flies and other insects . S . 3314.7 The floor surfaces of all rooms in which foods or beverages are stored or prepared., utensils are washed, or refuse or garbage- is stored, and the floor surfaces of toilet, lavatory, dressing or locker rooms, and of walk-in refrigerators shall be of smooth, hard, im- pervious easily cleanable construction and material. The walls and ceilings of all such rooms shall be constructed of light-colored, smooth, impervious washable material; except that the walls of rooms used only for the storage of foods in unopened original containers may be of other easily cleanable construction. S . 3314.8 All rooms and areas shall be provided with sufficient lighting to facilitate sanitary food handling and cleaning procedures, and to prevent safety hazards . S. 3314. 9 Sufficient ventilation shall be provided in all rooms and areas to dissipate disagreeable odors, condensation, steam, grease and vapors, combustion products and other atmospheric pollutants; and. ventilation shall be sufficient to provide a reasonable condition of comfort for employees . All cooking equipment shall be pro- vided with mechanical exhaust ventilation equipment, as re- quired to remove cooking odors, steam, grease, vapors and combustion products . S. 3314. 10 The water supply shall be from a source approved by the Health Officer. All plumb- ing shall be installed, maintained and operated so as to prevent potential contamination of the water supply, foods and utensil washing equipment. Hot and cold running water under pressure shall be provided in all areas in which food is prepared or utensils are washed, and. such areas shall be provided with at least a two-compartment sink, with drain- boards, constructed of metal or other impervious material approved by the Health Officer. At least a single- compartment janitorial sink with hot and cold running water shall be provided for general clean-up activities in all food handling businesses, except vehicles . S . 3314.11 Suitable space of adequate size to allow orderliness and. cleanliness shall be pro- vided for all food handling operations and the storage of foods, beverages and equipment. Adequate and suitable en- closed space shall be provided for the storage of janitorial and maintenance supplies and equipment . 5 Ord. No. 1254 S . 3314. 12 All multi-use utensils, display cases, counters, shelves, racks, tables, refriger- ation equipment, sinks and other equipment or utensils used. in the preparation, service, storage, distribution or dis- play of foods or beverages shall be made of non-toxic mat- erials and so constructed, installed and maintained as to be readily cleaned, and shall be kept clean and in good repair. All equipment and. utensils shall be washed and sanitized according to methods approved by the Health Officer. S. 3314. 13 With the exception of vehicles, toilet fac- ilities shall be provided on the premises and convenient to employees . Where there are five or more employees of different sex, separate toilets shall be pro- vided for each sex. Toilet rooms shall be separated from other portions of the premises by tight-fitting self-closing doors . Hand-washing facilities shall be provided for em- ployees within or adjacent to toilet rooms, and shall be equipped with hot and cold running water through a mixing- type faucet . Handwashing detergent or soap and sanitary towels in dispensers shall be provided at handwashing basins . S . 3314. 14 Except for vehicles, a room or enclosure, separated from toilets or any food storage or food preparation area shall be provided where employees may change and. store their outer garments . No employee shall dress or undress or store his clothing in any other area on the premises . S . 3314. 15 All sewage and liquid wastes shall be dis- charged into the public sewerage system or into an individual sewerage disposal system approved by the Health Officer. S . 3314.16 All premises shall be provided with such facilities and equipment as are necessary to properly store or dispose of all waste materials . All food waste and rubbish containing food waste shall be kept in tight, nonabsorbent, rodent-proof containers covered with tight-fitting lids . The containers shall be maintained in a clean and sanitary condition. All food waste and rubbish shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent a nuisance . S . 3314. 17 Living and sleeping quarters shall be sep- arated entirely, by a solid partition, from the food handling business . No couch, cot, bed or other sleeping accomodation shall be maintained or kept in any room where food is prepared, stored or served. S . 3314.18 The premises, equipment and all utensils shall be kept clean and sanitary, free of vermin and in good repair. No live animal, bird or fowl 6 Ord. No. 1254 shall be kept or allowed in any food establishment, with the exception of dogs used by the blind.. S . 3315 . Suspension of Permits . A permit issued under this Ordinance or its predecessor may be sus- pended, under the procedure set forth in Sections 3316 through 3316 .4 for any of the following reasons : (a) Violation of State law. (b) Violation of this Ordinance . (c) Violation of the rules and, regulations adopted pursuant to Section 3318, or (d) Upon a recommendation for revocation of the per- mit, pending a hearing thereon. S . 3316 . Notice of Violation. When any of the afore- said laws, this Ordinance, or rules and regu- lations 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 corrective steps required. (d) The date by which all such corrections must be completed, allowing a reasonable period therefor. (e) That the permittee has a right to a hearing, 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.M. of the date named under (d) above, the permit will be suspended from that time until such violations are corrected. S . 3316. 1 Hearing. The permit holder shall have the right to a hearing, on all violations listed in the notice . The permit shall, however, be suspended un- less the Department receives from the permit holder, before 9 :00 A.M. of the date specified under Section 3316 (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 7 Ord.. No . 1254 registered as provided in Section 542 thereof, but shall not be the Inspector who reported the violations or who inspected. any corrective measures taken. I 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 . S . 3316 . 2 Revocation for Repeated Violations . If there shall have been three or more Notices of Violation issued within the 12 month period immediately preceding the current violation as to the premises in ques- tion as provided in Section 3316 . 1, and not overruled upon hearing, the order of the person conducting the hearing or, if no hearing is held, of the inspector, who is responsible for the third such notice, shall recommend to the Health Officer whether or not the permit shall be revoked as pro- vided. below. If it is so recommended, the permit may be ordered suspended forthwith, by the Health Officer, pending the hearing on such proposed revocation. Upon such a recommendation for revocation by the person conducting the hearing, the permit in question may be re- voked by the Health Officer after hearing, upon his finding that such violations were serious enough and showed lack of responsibility towards the public health as to require such revocation to protect the public health. S . 3316. 3 Suspension For Refusal of Entry. It shall be a violation of this ordinance for any person to deny or hinder entry by any inspector for the pur- pose of inspecting any of the premises described in Section 3312 above, or any portion thereof; and in such event the inspector may forthwith suspend the Food Vending Permit issued for the premises . S . 3316 .4 Summary Suspension. Whenever an inspector finds unsanitary or other conditions in the operation of any food establishment which, in his judgment, constitute an immediate and substantial hazard to the public health, he shall issue a written notice to the permit holder or person 8 Ord. No . 1254 in charge of the premises as provided in Section 3316 . 1 above, except that instead of the matter specified under (f) , it shall state that the permit is immediately suspended and shall set forth the substance of the following sentence . Any person to whom such an order is issued shall immediately comply therewith; but, upon request made to the inspector who orders the suspension, or to the Health Officer or his authorized representative, either personally or by telephone or in writing, he shall be afforded. a hearing as soon as poss- ible, and notice of its setting may be given in the same manner as the request . S . 3317 . Supervision of Closing Down Premises . When any permit is first suspended hereunder, or when any premises governed hereby as defined in Section 3312 shall have been closed for business and left in an unsani- tary condition, the Health Department shall have the power to enter to insure 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 unsani- tary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. S . 3318. Rules and Regulations . The Health Officer may adopt and enforce rules and regulations necessary to administer this Ordinance including regulations pertaining to : (a) Forms for applications, permits and notices . (b) Forms and procedures for hearings upon the grant- ing, denying, suspending, revoking or reinstating of permits . (c) Inspections of premises and reporting thereon. S . 3319. Penalty. Any person violating any of the pro- visions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not less than Twenty-five Dollars ($25 .00) and not more than Five Hundred Dollars ($500.00) or by im- prisonment in the County Jail for a period not exceeding six (6) months, or by both such fine and imprisonment. 9 Ord.. No. 1254 Section 4. The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published by one insertion in the Huntington Beach News, a weekly newspaper printed, published and circulated in the City of Huntington Beach, California, and thirty (30) days thereafter the same shall take effect and be in force . PASSED AND ADOPTED by the City Council of the City of Huntington Beach, California, this 190 day of September , 1966. Mayor ATTEST: City Cler APPROVED AS TO FORM: K. DALE BUSH City Attorney 10 Ord. No . 1254 STATE OF CALIFORNIA } COUNTY OF ORANGE ss : CITY. OF HUNTINGTON BEACH } I , PAUL C . JONES , the . duly elected, qualified, and acting City Clerk of the City of Huntington Beach and ex- officio Clerk of the City Council of the said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a regular meeting thereof held on the 6th day of September , 19 66 , and was again read to said City Council at a regular meeting thereof held on the 19t-h day of 'September , 19 66 , and was passed and adopted by the affirmative vote of more than a majority of all the Members of said City Council . AYES : Councilmen: Coen, Bartlett, Gisler ,� Kaufman, Shipley NOES : Councilmen: None ABSENT : Councilmen: Green, Stewart ............ - - I, PAUL C, JONES, CITY CLERK ®# fh(a 01jy of Huntington Beach and mofficio Clerk of. the City City Clerk f � ex-officio Clerk Colinr,fl, do hereby certify of the City Council of the City thi.s ordinance has been.published of Huntington Beach, California iVthn Huntington Beach:: News.on In a cordance with the,,City Charter of said.City. 4 _- City ``Clerk `- Beputy.-,City Clerk