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HomeMy WebLinkAboutOrdinance #2407 ORDINANCE NO . 2407 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 8 .04.010 , 8 .04.020 AND CHAPTER 8.08 THEREOF, AND ADDING THERETO NEW SECTIONS 8 .04 .010 AND 8 .04.020 RELATING TO FOOD-HANDLING ESTABLISHMENTS , AND CHAPTER 8 .08 ENTITLED, "FOOD VENDING VEHICLES" The City Council of the City of Huntington Beach does ordain as follows: SECTION 1. Sections 8.04.010, 8.04.020 and Chapter 8 .08 of the Huntington Beach Municipal Code are hereby repealed. SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding thereto new Sections 8.04 .010, 8.04 .020 and Chapter 8.08 to read as follows: 8 .04.010 Definitions . The following terms used in this chapter shall have the meanings indicated below: (a) Bakery shall be as defined in section 28190 of the California Health and Safety Code . (b) Food processing establishment shall be as defined in section 282 0 .1 of the California Health and Safety Code . ( c) Health department or department shall mean the public health and medical services of the Orange County human services agency which acts as the health department of the city pursuant to resolution made under the provisions of sections 476 and 477 of the California Health and Safety Code. (d) 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. ( e) Ice plant, self-contained ice plant or ice distributor shall be as defined in section 4003 of the California Health and Safety Code (f) Inspector shall mean a sanitarian, as defined in Health and Safety Code section 540, employed by the health de- partment, or the health officer or any deputy health officer /ahb 11/13/79 1. authorized to inspect premises or equipment for the enforcement of this title . (g) Itinerant restaurant shall be as defined in section 28523 of the California Health and Safety Code . (h) Mobile food preparation vehicle shall mean any vehicle or portable food service unit upon which food is cooked, wrapped, packaged, processed, or portioned for service, sale or distribu- tion. ( i) Premises shall include land, buildings , vehicles and ships and other vessels wherein food is handled, stored, distri- buted, prepared, processed , served or sold, and also equipment installed or used in food establishments or on such premises . ( j) Restaurant shall be as defined in section 28522 of the California Health and Safety Code. (k) Retail-food production and marketing establishment shall be as defined in section 28802 of the California Health and Safety Code . (1) Vehicle shall be as defined in section 28524 of the California Health and Safety Code . (m) Vending machine shall be as defined in section 28525 of the California Health and Safety Code. (n) 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. 8 .04 .020 Permit required--Conditions and terms . (a) It shall be unlawful for any person or other legal entity to operate any restaurant, itinerant restaurant , mobile food preparation vehicle, vehicle , vending machine business , bakery, food- processing establishment, ice plant, self-contained ice plant or act as an ice distributor without first applying for and re- ceiving a food vending permit issued by the health department under the provisions of this chapter . Retail food production and marketing establishments shall not be subject to the pro- visions of this chapter. (b) 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 character and location of the activity for which a permit is required under this chapter, and such other information as the health department may require . Applicants for a permit to operate a mobile food 2. preparation vehicle shall , in addition, provide a list of three ( 3) service stops which shall include the address or exact lo- cation and time of each stop. A revised list shall be submitted whenever changes occur. ( c) 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 health- ful 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 . (d) No permit shall be granted, renewed or reinstated unless the health department determines that the condition of the premises is in accordance with the requirements of all applicable provisions of the California Health and Safety Code and this chapter, and that said premises are capable of being operated in accordance with such laws and regulations . ( e) 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 premises or vehicle for which it is issued. j (f) Any permit previously issued to a mobile food preparation vehicle shall be suspended, beginning ninety ( 90 ) days after the effective date of this subsection, unless the permittee presents the vehicle to the health department and the health department . certifies that such vehicle is in full compliance with the appli- cable requirements of this chapter and those of the California Health and Safety Code. The health officer may grant an extension of time for compliance with the aforesaid requirements 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 inadequate capacity of equipment fabrication contractors . In such instances, the applicant shall present 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 contained in Chapter 8.08 concerning the design and construction of lids for deep fat fryers . 8 .08.010 Prohibited near public facilities . It is unlawful for any person, firm or corporation owning, driving or having control of any wagon or vehicle used in or for carrying on the business of peddler of fruits , buttermilk, milk, soda water, or any other beverage , ice cream, bread, crackers , cakes , pies , con- fections , sandwiches , meats or other edibles intended for use as food for human consumption, to sell, give away, or dispose of any 3. articles named above to any schoolchild on any street, alley, lane, way or public place within a radius of eight hundred (800 ) feet of any school , park, playground or city or metropolitan park and/or operated recreation center. 8 .08.020 Mobile food preparation vehicles--Equipment . In addition to all other applicable provisions of the California Health and Safety Code and this chapter, mobile food preparation vehicles shall comply with the following requirements: (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 outside the vehicle. (b) All equipment installed in any part of the vehicle shall be secured in order to prevent movement during transit and to prevent detachment in the event of a collision or over- turn. ( c) All equipment installed within the interior of the vehicle, including the interiors of cabinets or compartments , shall be constructed so that there are no sharp edges . (d) All utensils shall be stored in order 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 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 188 cm ( 7611 ) 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 with all splices or con- nections being made within junction, outlet , or switch to prevent the use of extension cords exceeding 183 cm ( 6 ' ) . out- side 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 the aisle has a jump seat, it shall have a self-latching mechanism so that when not in use it may be folded back and the aisle kept clear. Seats and backrests shall be at least 35.5 cm x 35.5 cm (14" x 1411 ) in size. All occupants shall be seated, shall wear seat belts I 4. and shall not cook or prepare food while the vehicle is in motion. The latter three requirements shall be stated in English and Spanish on signs posted in the interior of such vehicles . (h) A first aid kit in an enclosed case, approved by the health officer, shall be provided in a convenient location. 8 .08.030 Mobile food preparation vehicles--Liquefied petroleum gas equipment . All pressure cylinders shall be securely fastened to a rigid structure of the vehicle. All liquefied petroleum gas (LPG) equipment shall be installed as follows: (a) The LP-gas tanks and relief valves shall be ASME-approved for intended use . (b) Tanks shall be securely fastened and located where they will not normally be subject to damage . They may be in a body compartment or underneath the body. The tank or fittings shall not protrude beyond the body of the vehicle. ( c) Tanks and regulators shall be separated from any open flame by a vapor-tight partition. (d) When tanks are installed in a body compartment of the vehicle, the partitions shall be sealed off from the rest of the body with no openings to the interior except for the tubing. ( e) All tank valves and fittings shall be readily accessible from outside the vehicle. (f) The tank safety relief valve shall be vented to the outside and directed downward. (g) Filling shall be done through an outside door to the compartment . (h) The compartment shall be vented to the exterior of the vehicle in order to prevent accumulation of gas . ( i) Tubing which passes through partitions shall be pro- tected by grommets made of rubber or other approved materials . Q) Tubing exposed to friction shall be protected against chafing. (k) Expansion and contraction bends shall be made in the tubing between the tank and the appliance . ( 1) ASME-approved LP-gas tubing or standard weight pipe shall be used throughout. 5 . (m) Protective "thread" caps shall be installed on fill- line check valves . (n) Every appliance fueled by LP-gas shall be provided with an ASME-approved device which will automatically shut off all gas to the appliance if the pilot light should go out. (o) 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 driver' s door. The extinguisher shall be replaced or recharged after each use. 8 .08.040 Mobile food preparation vehicles--Requirements for additional equipment. In addition to other requirements of this chapter for mobile food preparation vehicles , those which make more than one stop on a daily route shall comply with the following: (a) Coffee urns shall be installed in a compartment to prevent spillage inside the vehicle in case 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 while the vehicle is in motion or in case a collision or overturn should occur . Such lids shall be de- signed and constructed to prevent pressure buildup which could result in an explosion. All lids shall be kept positively closed while the vehicle is in motion, and this requirement shall be stated in English and Spanish on signs posted inside the vehicle. ( c) Water bath or steam hot food insert warming tables shall be provided with baffles to prevent surging in moving ve- hicles . All such tables, as well as dry heat units , their insert food containers and similar equipment which contain hot liquids or hot foods, shall have positive closing lids to keep all such liquids or foods from splashing or spilling while the vehicle is moving, or in case a collision or overturn should occur. Such lids shall be designed and constructed to prevent pressure buildup which could result in an explosion. All lids shall be positively closed while the vehicle is moving, and this require- ment shall be stated in English and Spanish on signs posted in- side the vehicle . (d) Safety exit facility. An alternative means of exit in the side opposite the main exit door, or the roof, or the 6. rear of the vehicle, with unobstructed passage of 61 cm x 61 cm ( 24 " x 2411) minimum to the outside, shall be provided. The in- terior latching mechanism shall be operable by hand without special tools or keys . The exit shall be labeled "Safety Exit" in letters of contrasting colors not less than 2 .54 cm ( 111 ) high. SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance . The City Council of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence , clause , phrase, or portions thereof, and amendments thereto, ir- respective of the fact that any one or more sections , subsections , sentences , clauses , phrases or portions , or amendments be declared invalid or unconstitutional. SECTION 4. Neither the adoption of this ordinance nor the repeal of any ordinance shall in any manner affect the prosecu- tion for violation of ordinances which violations were committed prior to the effective date hereof, nor be construed as affecting any of the provisions of such ordinance relating to the collec- tion of any such license or penalty of the penal provisions ap- plicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. SECTION 5. This ordinance shall take effect thirty days after its adoption. The City Clerk shall certify to the passage of this ordinance and cause same to be published within fifteen days after adoption in the Huntington Beach Independent, a news- paper of general circulation. 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 , 19 8Q 7• mayor ATTEST: APPROVED AS TO FORM: Ile�11 City Attorney INITIATED AND APPROVED: YyAdministrator 8. Ord. No. 2407 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, 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 79, and was again read to said City Council at a regular meeting thereof held on the 7th day ofJanuary 1980 and was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council. AYES: Councilmen: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Councilmen: None ABSENT: Councilmen: None l �P% City Clerk and ex-officio ,Clerk of the City Council of the City of Huntington Beach, California !, M. Wentworth CITY CLERK of the City of VW't:r30r'-'P treach and ex-cf€icio Clerk of the City Cotmci..,d :.e;eby certi.€y than a synopsis of tws Vidinam-e h titer. q Y)i k,' L--1 t.Fz "Untfngtm 19d Ih acc 3rn s tcc cr`arrer c`said City. City C!erk . � ` Qeputy City CIer:k