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HomeMy WebLinkAboutOrdinance #1892 ORDINANCE NO. 1892 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 331, AND ADDING A NEW ARTICLE 331 ENTITLED, "FOOD HANDLING ESTABLISH- MENTS" The City Council of the City of Huntington Beach does ordain as follows : SECTION 1. Article 331, entitled "Food Handling Estab- lishments" , of the Huntington Beach Ordinance Code is hereby repealed. SECTION 2 . The Huntington Beach Ordinance Code is hereby amended by adding thereto Article 331, entitled "Food Handling Establishments" , to read as follows : ARTICLE 331 FOOD HANDLING ESTABLISHMENTS 3310 . DEFINITIONS . The following terms used in this article shall have the meanings indicated below: (a) Health Department or Department shall mean the Orange County Health Department, which acts as the health department of the City pursuant to resolution made under the provisions of Section 476 and Section 477 of the Health and Safety Code of the State of California. (b) 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 . (c) Inspector shall mean a sanitarian, as defined in Health and Safety Code Section 540, employed by the Health Department or the Health Officer or any deputy health officer authorized to inspect food-handling establishments or equipment for the enforcement of this article. (d) Food-handling Establishments shall include land, build- ings , 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 . (e) Bakery shall be as defined in Section 28190 of the California Health and Safety Code . WM: lm 1. (f) Food Processing Establishment shall be as defined in Section 282 0 .1 of the California Health and Safety Code. (g) Restaurant shall be as defined in Section 28522 of the California Health and Safety Code . (h) Itinerant Restaurant shall be as defined in Section 28523 of the California Health and Safety Code . (i) Retail Food Production and Marketing Establishment shall be as defined in Section 26602 of the California Health and Safety Code . (j ) Vehicle shall be as defined in Section 28524 of the California Health and Safety Code . (k) Vending Machine Business shall mean the business of selling food or beverages by means of vending machines, regard- less of the number of locations at which the vending machines are located. (1) Ice Plant Self-contained Ice Plant and Ice Dis- tributor shall be as defined in Section 4003iof the California Health and Safety Code . 3311. PERMIT REQUIRED; CONDITIONS AND TERMS . (a) It shall be unlawful for any person or other legal 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 receiving a food vending permit for such operation issued by the Health Department under the provisions of this article . Retail food production and marketing establishments shall not be subject to the provisions of this article . (b) The food-handling establishments t.o ,which this article applies shall include, but not be limited to, any restaurant , itinerant restaurant, food vehicle, food vessel, bakery, food processing establishment and ice plant located in the City of Huntington Beach and any vending machine business operating vending machines in the City of Huntington Beach regardless of the location of the facilities from which they are served. (c) Every applicant for a food vending permit shall file with the Health Department a written application which shall state the name and address of the applicant, the location of the food-handling establishment , the character of the estab- lishment which is proposed to be conducted, and such other information as the Health Department may require . (d) No permit shall be granted, renewed or reinstated unless the Health Department determines, upon making an investi- gation, that the food-handling establishment for which the 2. 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, 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 food-handling establishment is in accordance with the require- ments of all applicable provisions of the California Health and Safety Code, of this article, and that said food-handling estab- lishments are capable of being operated in accordance with such laws and regulations . (f) Permits may be granted at any time 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 food- handling establishment or vehicle for which it is issued. 3312 . CONSTRUCTION, CONVERSION AND ALTERATION. Prior to the construction, conversion or alteration of any food establish- ment , or construction or purchase of a model of vehicle not pre- viously under permit to any person in the City, three ( 3) 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 regulations . 3312. 1 . BUILDING PERMITS . The Department of Building and Community Development of the City of Huntington Beach shall notify the Health Department when plans are received to build or remodel a food establishment . 3312 . 2. SANITATION REQUIREMENTS . (a) All food-handling establishments for which a permit is required by this article 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 prep- aration and packaging area for employees . 3312. 3 . SUSPENSION OF PERMITS . A permit issued under this article may be suspended, under the procedure set forth in Sections 3313 through 3315. 1 for any of the following reasons : (a) violation of state law; 3 . (b) violation of this article; or (c) upon a recommendation for revocation of the permit, pending a hearing thereon. 3313 . NOTICE OF VIOLATION. When any of the aforesaid laws, this article, 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 corrective steps required; (d) the date by which all such corrections must be com- pleted, 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, or within fifteen (15) days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected. 3314 . HEARING. 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 3313(d) , a written or oral request for a hearing or a 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 regis- tered as provided in Section 542 thereof, but shall not be the inspector who reported the violations or who inspected any cor- rective 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 4. (c) declare that the violation has been corrected so as to comply with the applicable law; or (d) declare that there was no violation. 3315. SUSPENSION FOR REFUSAL OF ENTRY. It shall be a violation of this article for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the food-handling establishments described in Section 3310 above, or any portion thereof; and in such event the inspector may forthwith suspend the food vending permit issued for the establishment . 3315 .1. SUMMARY SUSPENSION. Whenever an inspector finds insanitary 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 in charge of the food-handling establishment stating that the permit is immedi- ately suspended and shall set forth the substance of the sus- pension as provided in Section 3313 . 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 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 in the same manner as the request . 3315 . 2 . SUPERVISION OF CLOSING DOWN PREMISES . When any permit is first suspended hereunder, or when any food-handling establishment governed hereby as defined in Section 3311(b) shall have been closed for business and left in an insanitary condition, the Health Department shall have the power to enter to insure that the food-handling establishments are closed down in the 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 food- handling establishment, the owner of the food-handling estab- lishment shall be notified of the insanitary conditions and shall be required to take such remedial action as may be nec- essary to obviate such condition. 3316 . RULES AND REGULATIONS . The Health Officer may adopt and enforce rules and regulations necessary to administer this article including regulations pertaining to : (a) forms for applications , permits and notices; (b) forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits ; and (c) inspections of food-handling establishments and reporting thereon. 5. 3317 . PENALTY. Any person violating any of the provisions of this article 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 imprisonment for a period not exceeding six (6) months, or by both such fine and imprison- ment . 3318 . SEVERABILITY . If any section, subsection, sentence, clause, phrase or portion of this article, or any future amend- ments or additions thereto, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article, or any future amend- ments or additions thereto. The City Council of the City of Huntington Beach hereby declares that it would have adopted this article and each section, subsection, sentence, clause, phrase or portion or any future amendments or additions thereto, irrespective of the fact that any one or more sections, sub- sections , clauses , phrases , portions or any future amendments or additions thereto be declared invalid or unconstitutional . SECTION 3 . The provisons of this ordinance insofar as they are substantially the same as existing provisions of the Huntington Beach Ordinance Code relating to the same subject matter shall be construed as restatements and continuations and not as new enactments . SECTION 4 . This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the pas- sage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach News, a weekly newspaper of general circulation, printed and published in Huntington Beach, California. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of January, 1974 . yo Au Mayor ATTEST: APPROVED AS TO FORM: C4OF City Clerk . City At 6 . Ord. No. 1892 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly appointed, qualified 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 17th day of December 19 73 , and was again read to said City Council at a regular meeting thereof held on the 7 th day of January 19 74 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: Non e ABSENT: Councilmen: Shipley, Gibbs City Clerk and ex-officiQ Clerk of the City Council,6f the City of Huntington Beach, California t, Attcte M. Wentworth CITY OUR of the City of Nunti"on Beach and ex•offtaic Clerk of th@ City Council, do hereby certify that this ordinanee has been bushed in the Huntington 9etaah News r7 fn ee dance with the CI Charter @I uid City, AUCIA M. ....................................................................... ------ Div ON& �� Cjfy