HomeMy WebLinkAboutOrdinance #3205 ORDINANCE NO. 3205
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY REPEALING THE EXISTING CHAPTER 8 . 04 AND
ADOPTING A NEW CHAPTER 8 . 04 .
WHEREAS, The County of Orange has maintained a health
services contract with the City of Huntington Beach, allowing
County officials to enforce sever-al ,.,sections of Title 8 of the
Municipal Code;
The County of Orange has revised its ordinance
pertaining to food handling establishments; and
The City of Huntington Beach desires to conform to
these revised County standards;
NOW, THEREFORE, the City Council of the City of
Huntington Beach does hereby ordain as follows :
SECTION 1 .
FOOD HANDLING ESTABLISHMENTS
Sections •
8 . 04 . 010 Definitions
8 . 04 . 020 Permit required--Conditions and terms
8 . 04 . 030 Construction, conversion and alteration
8 . 04 . 040 Suspension of permits
8 . 04 . 050 Notice of Violation
8 . 04 . 060 Hearing
8 . 04 . 070 Mobile food peparation units-generally
8 . 04 . 080 Additional requirements for mobile food
8 . 04 . 090 Suspension for refusal of entry
8 . 04 . 100 Summary suspension
8 . 04 . 110 Supervision of closing down premises
8 . 04 . 120 Rules and regulations
8 . 04 . 130 Fees
8 . 04 . 140 Penalty
8 . 04 . 150 Preemption
8 . 04 . 010 Definitions . The following terms used in this
chapter shall have the meanings indicated below; provided,
however, said definitions shall also include any amendments or
changes made to referenced sections of the California Health
and Safety Code after January 1, 1991 :
(a) Certified farmers ' market shall be as defined in section
27512 of the California Health and Safety Code.
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(b) Commissary shall be as defined in section 27513 of the
California Health and Safety Code.
(c) Food establishment shall be as defined in section 27520 of
the California Health and Safety Code.
(d) Food facility shall be as defined in section 27521 of the
California Health and Safety Code.
(e) Food processing establishment shall be as defined in
section 28280 . 1 of the California Health and Safety Code.
(f) Health Department or Department shall mean the Orange
County Health Care Agency.
(g) Health Officer shall mean the County Health Officer or his
or her deputy.
(h) Inspector shall mean an Environmental Health Specialist, as
defined in Health and Safety Code Section 517, 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 chapter .
(i) Mobile food Preparation unit shall be as defined in section
27526 of the California Health and Safety Code.
(j ) Open-air Barbecue facility shall be as defined in section
27528 . 5 of the California Health and Safety Code.
(k) Person shall be as defined in section 27530 of the
California Health and Safety Code.
(1) 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 food
facilities or on such premises .
(m) Produce shall be as defined in section 27533 of the
California Health and Safety Code.
(n) Receipt shall mean a County public health services fee
receipt .
(o) Restricted food service transient occupancy establishment
shall be as defined in section 27535 . 5 of the California
Health and Safety Code.
(p) Satellite food distribution facility shall be as defined in
section 27536 . 5 of the California Health and Safety Code.
(q) Temporary food facility shall be as defined in section
27538 of the California Health and Safety Code.
(r) Vehicle shall be as defined in section 27540 of the
California Health and Safety Code.
(s) Vending machine shall be as defined in section 27541 of the
California Health and Safety Code.
(t) 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 to operate any
food facility, vending machine business, food processing
establishment, or any other food handling business governed by
this chapter, without first applying for and receiving a food
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vending permit issued by the Health Department under the
provisions 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 f h 'v'0 o t o acts. �.t for which
y o c 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 preparation unit shall, in addition, provide a list
of three (3) service stops which shall include the address of
exact location and time of each stop.
(c) A permit may be issued when investigation has
determined that the proposed facility and its method of
operation will conform to all applicable laws and regulations .
A permit, once issued, is nontransferable. A permit shall be
valid only for the person, location, type of food sales, or
distribution activity approved and, unless suspended or
revoked, for the time period indicated.
(d) Any permit may be suspended or revoked for a violation
of any applicable provisions of law or regulation. Any food
facility, vending machine business, food processing
establishment, or any other food handling business governed by
this chapter, for which the permit has been suspended or
revoked shall close and remain closed until the permit has been
reinstated or until a new permit has been issued.
(e) Permits may be granted at any time during the year . A
permit shall be posed in a conspicuous place on the premises or
vehicle for which it is issued.
8 . 04 . 030 Construction, conversion „and alteration. A person
proposing to build or remodel a food facility, vending machine
business, food processing establishment, or any other food
handling business governed by this chapter, shall submit three
(3) copies of the complete plans and specifications to the
Department for review and approval pursuant to the applicable
requirements of the California Health and Safety Code. The
Health Officers may thereafter issue a certificate stating what
modifications, if any, are required for compliance with
applicable laws and ordinances.
8 . 04 . 040 Suspension of Permits. A permit issued under this
chapter or its predecessor may be suspended or revoked under
the procedure set forth in this chapter for any of the
following reasons :
(a) Violation of state law;
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(b) Violation of this chapter;
(c) Violation of the rules and regulations adopted
pursuant to this chapter; or
(d) Upon recommendation by the Health Officer.
8 . 04 . 050 Notice of violation. when any laws, this chapter, or
rules and regulations have been violated, an inspector may
serve written notice thereof entitled "Notice of Violation, "
specifying:
(a) The acts or omissions with which the permittee is
charged.
(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
written request or that a mandatory hearing has been
scheduled.
(f) That if no hearing is requested or the permittee fails
to appear at the scheduled hearing and if the Health
Department does not receive notice that all such
corrections have been made before 9 : 00 a.m. on the
date specified under subsection (d) above, the permit
will be subject to suspension or revocation from that
time until all violations have been corrected.
8 . 04 . 060 Hearing. The hearing shall be held by the Health
Officers or his or her duly authorized representative who is a
qualified Environmental Health Specialist as defined in Section
517 of the Health and Safety Code and registered as provided in
Section 529 thereof, but shall not be the inspector who
reported the violations or who inspected any corrective measure
taken.
a . The permit holder shall have the right to a hearing, if
requested, on all violations listed in the notice. A
written request for a hearing shall be made by the
permittee within fifteen (15) calendar days after receipt
of the notice. A failure to request a hearing within
fifteen (15) calendar days after receipt of the notice
shall be deemed a waiver of the right to a hearing . when
circumstances warrant, the hearing officer may order a
hearing at any reasonable time within this fifteen (15) day
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period to expedite the permit suspension or revocation
process.
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The hearing shall be held within fifteen (15) calendar days
of the receipt of a request for a hearing. Upon written
request of the permittee, the hearing officer may postpone
any hearing date, if circumstances warrant such action.
b. At the conclusion of the hearing, the hearing officer shall
issue a written notice of decision to the permittee within
five (5) working days following the hearing. In the event
of a suspension or revocation, the notice shall specify the
acts or omissions with which the permittee is charged, and
shall state the terms of the suspension, or that the permit
has been revoked.
The Health Officers may, after providing opportunity for a
hearing, modify suspend, or revoke a permit for serious or
repeated violations of any of the requirements of the
applicable laws, rules and regulations .
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8 .04 . 070 Mobile food preparation units--generally. In
addition to all other applicable provisions of the Health and
Safety Code and of this chapter, mobile food preparation units
shall comply with the following safety requirements:
(a) Compressors, auxiliary engines, generators, batteries,
battery chargers, gas-fueled water heaters, and similar I'
equipment shall be installed so as to be accessible only from
the outside of the unit.
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(b) All equipment installed in any part of the unit shall
be secured so as to prevent movement during transit and to
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prevent detachment in the event of a collision or overturn.
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(c) All equipment installed within the interior of the
unit, including the interiors of cabinets or compartments,
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
loose 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
Officers .
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(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 lease one
hundred eighty-eight (188) centimeters (seventy-six (76)
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inches) or the fixture shall be installed out of the traffic
aisle or work area.
(f) High voltage (110-120v) electrical wiring shall be
properly installed in electrical conduit with all splices or
connections being made within junction, outlet or switch boxes
to prevent the use of extension cords exceeding one hundred
eighty-three (183) centimeters (six (6) feet) . Outside
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 a jump seat in the aisleway is utilized, it shall fold in 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 thirty-five and five--tenths (35.5) centimeters by
thirty-five and five-tenths (35 . 5) centimeters (fourteen (14)
inches by fourteen (14) inches) in size. All occupants shall
be seated, shall wear seat belts and shall not cook or prepare
food while the unit 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 by the Health Officers shall
be provided and located in a convenient area in an enclosed
case.
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(i) All pressure cylinders shall be securely fastened to a
rigid structure of the unit . All liquefied petroleum gas (LPG)
equipment shall be installed as follows :
1. The LP gas tanks and relief valves shall be ASME
approved for intended use.
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2. Tanks shall be securely fastened and located where
they will normally not be subject to damage. They may is
be in a body compartment or underneath the body. The
tank or fittings must not protrude beyond the body.
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3 . Tanks and regulators shall be separated from any open
flame by a vapor-tight partition.
4 . When 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 for the
tubing . The following additional requirements shall
be met :
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(a) All tank valves and fittings shall be readily
accessible from outside the unit.
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(b) The tank safety relief valve shall be vented to
the outside and directed downward.
(c) The filling shall be done through an outside door
to the compartment.
(d) The compartment shall be vented to the exterior
of the unit 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 protected against
chafing .
7 . Expansion and contraction bends shall be made in the
tubing between the tank and the appliance.
8 . ASME-approved LP gas tubing or standard weight pipe
shall be used throughout .
9 . Protective "thread" caps shall be installed on
fill-line check valves .
10 . Every appliance fueled by LP gas shall be equipped
with a pilot light attachment and provided with an
ASME-approved device which will automatically shut off
all gas to the appliance if the pilot light should be
extinguished.
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
front driver ' s door . The extinguisher shall be replaced or
recharged after each use.
8 . 04 . 080 Additional requirements for mobile food preparation
units ooerating in multi-locations in any day. In addition to
the requirements specified in Section 8 . 040 . 70 above, mobile
food preparation units which operate at more than one (1)
location in any calendar day, shall comply with the following
additional requirements :
(a) Coffee urns shall be installed in a compartment that
will prevent excessive spillage of coffee in the interior of
the unit in the event 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 .
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M 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 unit. Such lids
shall be designed and constructed so as to prevent pressure
buildup which could result in an explosion. All lids shall be
kept positively closed while the unit is in motion. Signs
setting forth the latter requirement shall be posted in both
English and Spanish.
(c) Water bath or steam food insert tables shall be
provided with baffles to prevent surging in transit. All such
tables, as well as dry heat units, their insert food containers
and similar equipment that contains hot liquids or hot foods
shall have positive closing lids to contain all such liquids or
foods and to prevent splashing or spillage in transit or in the
event of a sudden stop, collision or overturn of the unit
Such lids shall be designed and constructed so as to prevent
pressure buildup which could result in an explosion. All lids
shall be positively closed while the unit is in motion. Signs
setting forth the latter requirement shall be posted in both
English and Spanish.
(d) An alternate means of exit in the side opposite the
main exit door, or the roof, or the rear of the unit, with
unobstructed passage of sixty-one (61) centimeters by
ninety-two (92) centimeters (twenty-four (24) inches by
thirty-six (36) inches) minimum to the outside, shall be
provided. The interior latching mechanism shall be operable by
hand without special tools or key. The exit shall be labeled is
"Safety Exit" in contrasting colors with at least two and is
fifty-four one-hundredths (2 . 54) centimeters (one (1) inch)
high letters.
8 . 04 . 090 Suspension for refusal of entry. It shall be a
violation of this chapter for the purpose of inspecting any of
the premises described in Section 8 . 04 . 020 above, or any
portion thereof; and in such event the inspector may forthwith
suspend the food vending permit issued for the premises.
8 . 04 . 100 Summary, suspension
(a) If any immediate danger to the public health or safety is
found, unless the danger is immediately corrected, an
inspector may temporarily suspend the permit and order the
premises immediately closed. "Immediate danger to the
public health and safety" means any condition, based upon
inspection findings or other evidence, that can cause food
infection, food intoxication, disease transmission, or
hazardous condition, including but not limited to unsafe
food temperature, sewage contamination, nonpotable water
supply, or an employee who is a carrier of a communicable
disease.
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(b) Whenever a permit is suspended as the result of an
immediate danger to the public health or safety, the
inspector shall issue to the permittee a notice setting
forth the acts or omissions with which the permittee is
charged, specifying the pertinent code section, and
informing the permittee of the right to a hearing.
(c) At any time within fifteen (15) calendar days after service
of a notice pursuant to subsection (b) , the permittee may
request in writing a hearing before a hearing officer to
show cause why the permit suspension is not warranted. The
hearing shall be held within fifteen (15) calendar days of
the receipt of a request for a hearing. A failure to
request a hearing within fifteen (15) calendar days shall
be deemed a waiver of the right to such hearing.
8 . 04 . 110 Supervision of closing down premises . When any
permit is first suspended hereunder, or when any premises
governed hereby shall have been closed for business and left in
an unsanitary condition, the Health Department shall have the
power to enter to ensure 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 permises shall be notified of the unsanitary
conditions and shall be required to take such remedial action
as may be necessary to obviate such condition.
8. 04_. 120 Rules andrecrulations . The Health Officer may adopt
and enforce rules and regulations necessary to administer this
chapter including, but not limited to, 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.
(c) Inspections of permises and reporting thereon.
8. 04 . 130 Fees. The purpose of this section is to establish
fees sufficient to meet the reasonable expenses of the Health
Officers enforcing State statutes, orders, quarantines and
rules and regulations of State offices and departments relating
to public health which x
p expenses are hereby found not to be met
by the fees prescribed by the State. The authority for this
section is contained in Section 510 of the Health and Safety
Code.
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The County shall, by annual Board Resolution, adopt health
service fees to be paid by the proprietor or o erator of the
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food facility. Such fees are to be paid directly to the County
Health Office and retained by the County as reimbursement for
said services related to this ordinance.
(a) Area of Application. This section shall be
enforceable within the territory in which the Health Officer
enforces any State statute, order, quarantine or rule or
regulation of any State office or department relating to public
health, including incorporated as well as unincorporated j
territory.
(b) Violation. It shall be unlawful for any person to
con n duct any activity enumerated in this section without a valid
receipt . :
(c) Separate Activities . If a person shall conduct more
than one of the activities for which a receipt is required, he
must obtain a separate receipt for each activity, except as
otherwise provided herein.
(d) Applications. Applications for a receipt shall be
filed with the Health Department on a form to be provided b
P Y
that Department. The applications shall be accompanied by
payment of the required fee. An application for or recipient
of a receipt shall provide the Health Officer with any
information requested by him or her.
4 14 8 . 0 0 Penalty. An person violating n t a of h r
Y P g y the provisions
of thischapter
c a to shall be wilt of misdemeanor.
P a
guilty
8 . 04 . 150 Preemption. This chapter shall not apply to any
matter to the extent that the regulation of such matter is
preempted by state law.
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SECTION 2 . This ordinance shall take effect 30 days
from the date of its adoption.
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PASSED AND ADOPTED by the City Council of the City of
Huntington Beach at a regular meeting thereof held on the 7 ,h,,,_
day of. September 1999.
Mayor
ATTEST: APPROVED AS TO FORM;
City Clerk �"? - ity Attorney - 1O lS�92
R' AND APR1t9.�1'ED• INIT ITED4.ND APPROVED:
� CfL
City AdmYnifstrator Director, Community Development
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Ord. No. 3205
STATE OF CALIFORNIA )
COUNTY OF ORANGE ss:
CITY OF HUNTINGTON BEACH
I, CONNIE BROCKWAY, 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 therof held on the 1 hth day of
19 93 and was again read to said City Council at a regular
meeting therof held on the 7th day of September _� 19 -93 , and
was passed and adopted by the affirmative vote of at least a majority of
all the members of said City Council .
AYES: Councilmembers:
Robitaille BaueK, M Silva,
NOES: Councilmembers:
None
ABSENT: Councilmembers:
Sullivan
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� :fie Br�b =� CITY Gt�+C #�a II
4° �Y
�SAMfa and 01-0f of MY
Cos:,-41,do 1weby cWM that a synop "of °. �.vc�:,�,
ordarce has,b :npu` sfted in ftDaiy °:`sort City Clerk and ex-officio Jerk
of the City Council of the City
La
in amdm(4ft CityC.Iwvtw of M:!;. ity--t—= of Huntington Beach, California
Connive Bracklvay
City Clark
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