HomeMy WebLinkAboutOrdinance 3931 - Amends Chapter 8.04 of the Huntington Beach PROOF OF
PUBLICATION
STATE OF CALIFORNIA)
sse ....
COUNTY OF ORANGE )
"ANrbRDINANCE OF THE
CITY OF HUNTINGTON
I am a citizen of the United States and a BEACH AMENDING
CHAPTER 8.04 OF THE
resident of the County of Los Angeles; I HUNTINGTON C BEACH
� MUNICIPAL CODE RE-
am over the age of eighteen years� and DATING TO FOOD -
DLTNG. ESTABLISHISH-
not a party to or interested in the notice MENTSSYNOPSIS:
published. I am a principal clerk of the (adopted No.3931 Was
HUNTINGTON BEACH adopted to reflect
changes made to the
California Health and
food tn dinsabnhINDEPENDENT, which wasadjudged a, ag regarding
newspaper of general circulation on PASSED AND ADOPTED
by Council of
September 29, 1961, case A6214, and the'the CtyCiof Huntington
1963 case A24831 for the Beach at a regular
June 11, , , meeting held February
City of Huntington Beach County of it 2012 by the following
� ,roll.call vote: -
Orange, and the State of California. ,Dwyer, Hansen, Harper,
Attached to this Affidavit is a true and Bohr,Boardman
NOES:None
complete copy as was printed and ABSTAIN:None
THE FULL TEXT OF THE
published on the following date(s): ORDINANCE IS AVAIL-
ABLE IN. THE CITY
'CLERK'S OFFICE.'
Thursday, February 16, 2012 ,This ordinance is effec-�
hive 30 days `after.)
aoption. '
"d1TY OF HUNTINGTON
- — BEACH
.2000 MAIN STREET .
certify (or declare) under penalty (ITYOFHUNTINGTON HUNT A926 8EACH,
of perjury that the foregoing is true BEAN ANL.FLYNN, 7
p 1 ry g g LEGAL ' JOAN LCLERKN,CITY
and correct. ORDINANCE NO.3931 Published H.B. Indepen-
Adopted by the City dent February 16,2012
Council on FEBRUARY 6,
2012
Executed on February 22, 2012
at Los Angeles, California
Signature
C.//�1
C'J
Council/Agency Meeting Held:
Deferred/Continued to: -40/�
*Ap oved ❑ Conditionally Approved ❑ Denied CIA's Sig ure
Council Meeting Date: January 17, 2012 Department ID Number: CA 11-012
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Jennifer McGrath, City Attorney
PREPARED BY: Fred A. Wilson, City Manager
SUBJECT: Approve for introduction Ordinance No. 3931 amending Chapter 8.04
of the Huntington Beach Municipal Code relating to Food Handling
Establishments reflecting changes made to the California Health and
Safety Code
Statement of Issue: Chapter 8.04 of the Huntington Beach Municipal Code does not reflect
changes made to the California Health and Safety Code.
Financial Impact: N/A
Recommended Action: Motion to:
Approve for introduction Ordinance No. 3931, "An Ordinance of the City of Huntington Beach
Amending Chapter 8.04 of the Huntington Beach Municipal Code Relating to Food Handling
Establishments."
Alternative Action(s):
Do not approve Ordinance Amending Chapter 8.04 relating to Food Handling Establishments
resulting in the City's Code inaccurately reflecting the State Code.
Item 16. - 1 HB -288-
REQUEST FOR COUNCIL ACTION
MEETING DATE: 1/17/2012 DEPARTMENT ID NUMBER: CA 11-012
Analysis: The existing Chapter 8.04 of the Huntington Beach Municipal Code relating to
Food Handling Establishments requires updating to reflect changes made to the California
Health and Safety Code.
Environmental Status: NIA
Strategic Plan Goal: Maintain and Enhance Public Safety
Attachment(s):
1. Ordinance No. 3931, "An Ordinance of the City of Huntington Beach Amending
Chapter 8.04 of the Huntington Beach Municipal Code Relating to Food Handling
Establishments"
2. Legislative Draft of Ordinance No. 3931 Amending Chapter 8.04 re: Food Handling
Establishments
xB -289- Item 16. - 2
ATTACHMENT # 1
Item 16. - 3 iin -290-
ORDINANCE NO. 3931
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING CHAPTER 8.04 OF THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO FOOD HANDLING ESTABLISHMENTS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Section 8.04.010 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 113742 of the California
Health and Safety Code.
(b) Commissary shall be as defined in section 113751 of the California Health and Safety
Code.
(c) Food facility shall be as defined in section 113789 of the California Health and Safety
Code.
(d) Food processing establishment shall be as defined in section 111955 of the California
Health and Safety Code.
(e) Health Department or Department shall mean the Orange County Health Care
Agency.
(f) Health Officer shall mean the Orange County Health Officer or his or her deputy.
(g) Inspector shall mean a Registered Environmental Health Specialist, as defined in
Health and Safety Code Section 106615, 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.
(h) Mobile food facility shall be as defined in section 113831 of the California Health
and Safety Code.
(i) Open-air Barbecue facility shall be as defined in section 113843 of the California
Health and Safety Code.
(j) Person shall be as defined in section 113855 of the California Health and Safety Code.
(k) 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.
11-3032/72479 1
Ordinance No. 3931
(1) Produce shall be as defined in section 113877 of the California Health and Safety
Code.
(m)Receipt shall mean a County public health services fee receipt.
(n) Satellite food distribution facility shall be as defined in section 113899 of the
California Health and Safety Code.
(o) Temporary food facility shall be as defined in section 113930 of the California Health
and Safety Code.
(p) Vending machine shall be as defined in section 113938 of the California Health and
Safety Code.
(q) 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.
SECTION 2. Section 9.04.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
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 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 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 facility 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 posted in a
conspicuous place on the premises for which it is issued.
11-3032n2479 2
Ordinance No. 3931
SECTION 3. Section 8.04.060 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.04.060 Hearing. The hearing shall be held by the Health Officer or his or her duly
authorized representative who is a qualified Environmental Health Specialist as defined
in section 106615 of the Health and Safety Code and registered as provided in section
106710 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 period to expedite the permit suspension or
revocation process.
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 Officer 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.
SECTION 4. Section 8.04.070 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.04.070 Mobile food facility--generally. In addition to all other applicable provisions
of the Health and Safety Code and of this chapter, mobile food facilities shall comply
with the following safety 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 the outside of the facility.
(b) All equipment installed in any part of the facility shall be secured so as to prevent
movement during transit and to prevent detachment in the event of a collision or
overturn.
(c) All equipment installed within the interior of the facility, including the interiors of
cabinets or compartment, shall be constructed so as to be free of sharp or jagged
edges.
11-3032/72479 3
Ordinance No. 3931
(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 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 one hundred eighty-eight (188)
centimeters (seventy-six (76) 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 (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 facility 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 Officer shall be provided and located in a
convenient area in an enclosed case.
(i) All pressure cylinders shall be securely fastened to a rigid structure of the facility.
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.
(2) Tanks shall be securely fastened and located where they will normally not be
subject to damage. They may be in a body compartment or underneath the body.
The tank or fittings must not protrude beyond the body.
(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:
(a) All tank valves and fittings shall be readily accessible from outside the
facility.
(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.
11-3032/72479 4
Ordinance No. 3931
(d) The compartment shall be vented to the exterior of the facility 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.
(j) A minimum five (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.
SECTION 5. Section 8.04,080 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.04.080 Additional requirements for mobile food facilities operating in
multi-locations in any day. In addition to the requirements specified in Section
8.04.070 above, mobile food preparation facilities 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 facility 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.
(b) 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 facility. 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 facility 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 facility.
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 facility is in
II-3032/72479 5
Ordinance No. 3931
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 facility, 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 "Safety Exit"
in contrasting colors with at least two and fifty-four one-hundredths (2.54)
centimeters (one (1) inch) high letters.
SECTION 6. Section 8.04.030 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
8.04.130 Fees. The purpose of this section is to establish fees sufficient to meet the
reasonable expenses of the Health Officer enforcing State statutes, orders, quarantines
and rules and regulations of State offices and departments relating to public health, which
expenses are hereby found not to be met by the fees prescribed by the State. The
authority for this section is contained in section 101325 of the Health and Safety Code.
The County shall, by annual Board Resolution, adopt health service fees to be paid by the
proprietor or operator of the 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 territory.
(b) Violation. It shall be unlawful for any person to conduct 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 by 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.
11-3032/72479 6
Ordinance No. 3931
SECTION 7. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 6t:h day of February , 2012 .
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk �" City Attorney
REVI D APPROVED: INITIATED AND APPROVED:
me
liffnager �Ciyttorney
11-3032/72479 7
Ord. No. 3931
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS:
CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of 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 January 17,2012,and was again read to said City Council at a
regular meeting thereof held on February 6,2012, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, Boardman
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L.Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been
published in the Huntington Beach Fountain Valley
Independent on February 16,2012.
In accordance with the City Charter of said City
6'
Joan L. Flynn, City Cle C# Clerk and ex-officiolaerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
ATTACHMENT #2
Ordinance No. 3931
LEGISLATIVE DRAFT
Chapter 8.04
FOOD HANDLING ESTABLISHMENTS
(514-8/47, 1254-9/66, 1892-2/74,2407-2/80,3205-10/93)
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 preparation units--generally
8.04.080 Additional requirements for mobile food preparation units operating in
multi-locations in any day
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: (3205-10/93)
(a) Certified farmers' market shall be as defined in section-27512 113742 of the California
Health and Safety Code. (3205-10/93)
(b) Commissary shall be as defined in section 27513-113751 of the California Health and Safety
Code. (3205-10/93)
7/02
(�c) Food facility shall be as defined in section 275211 13789 of the California Health and
Safety Code. (3205-10/93)
(ed) Food processing establishment shall be as defined in section 28280.1111955 of the
California Health and Safety Code. (3205-10/93)
(fe)Health Department or Department shall mean the Orange County Health Care Agency.
(3205-10/93)
(gf)Health Officer shall mean the Orange County Health Officer or his or her deputy. (3205-10/93)
(hg) Inspector shall mean an Registered Environmental Health Specialist, as defined in Health
and Safety Code Section--'+-PI06615, employed by the Health Department, or the Health
Huntington Beach Municipal code Chapter 8.04 Page 1 of 78
Officer or any Deputy Health Officer authorized to inspect premises or equipment for the
enforcement of this chapter. (3205-10/93)
(ih)Mobile food ofeeafatian unkfacilfty shall be as defined in section 2752Er113831 of the
California Health and Safety Code. (3205-10/93)
(ii) Open-air Barbecue facility shall be as defined in section 27528.5113843 of the California
Health and Safety Code. (3205-10/93)
(ki)Person shall be as defined in section 27530-113855 of the California Health and Safety Code.
(3205-10/93)
(Lk)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. (3205-10/93)
(ml) Produce shall be as defined in section 27533 113877 of the California Health and Safety
Code.
(3205-10/93)
(nm) Recei t shall mean a County public health services fee receipt. (3205-10/93)
27535.5 of the Cal fefnia Health and S f+y G ao. fa2o&ao/w
(pn) Satellite food distribution facility shall be as defined in section 27536.5113899 of the
California Health and Safety Code. (3205-10/93)
(qo) Temporary food facility shall be as defined in section 27 53 8-113930 of the California
Health and Safety Code. (3205-10/93)
(r-) Yghj.gje shall be as defined in seefien 275 4 0 ef the Galifefnia Health and Safia�f Cede.
(sp) Vending machine shall be as defined in section 27541-113938 of the California Health
and Safety Code. (3205-10/93)
(tq)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. (1254-9/66, 1892-2/74,2407-2/80,3205-10/93)
8.04.020 Permit required--Conditions and terms. (3205-10/93)
(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 vending permit issued by the Health
Department under the provisions of this chapter. (3205-10/93)
(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
facility shall, in addition, provide a list of three(3) service stops which shall
include the address of exact location and time of each stop. (3205-10/93)
Huntington Beach Municipal code Chapter 8.04 Page 2 of 78
(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. (3205-10/93)
(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. (3205-10/93)
(e) Permits may be granted at any time during the year. A permit shall be posted in a
conspicuous place on the premises or-,�e�for which it is issued. (3205-10/93)
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. (514-8/47, 1254-9/66, 1892-2/74,2407-2/80, 3205-10/93)
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: (514-8/47, 1254-9/66, 1892-2/74,3205-10/93)
(a) Violation of state law; (3205-10/93)
(b) Violation of this chapter; (3205-10/93)
(c) Violation of the rules and regulations adopted pursuant to this chapter; or (3205-10/93)
(d) Upon recommendation by the Health Officer. (3205-10/93)
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:
(3205-10/93)
(a) The acts or omissions with which the permittee is charged. (3205-10/93)
(b) The provision or provisions violated thereby. (3205-10/93)
(c) The corrective steps required. (3205-10/93)
(d) The date by which all such corrections must be completed, allowing a reasonable period
therefor. (3205-10/93)
(e) That the permittee has a right to a hearing, upon written request or that a mandatory hearing
has been scheduled. (3205-10/93)
(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 a.m. on the date specified under(d) above, the permit will be subject to suspension
or revocation from that time until such violations are corrected. (1254-9/66, 1892-2/74, 3205-10/93)
Huntington Beach Municipal code Chapter 8.04 Page 3 of 78
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
Seefiensection 106615 of the Health and Safety Code and registered as provided in Seems
5-23section 106710 thereof, but shall not be the inspector who reported the violations or who
inspected any corrective measure taken. (3205-10/93)
(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 period to expedite the permit suspension or revocation process. (3205-10/93)
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. (3205-10/93)
(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. (3205-10/93)
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. (3205-10/93)
8.04.070 Mobile food ffaciliL--I!ennerally. In addition to all other applicable
provisions of the Health and Safety Code and of this chapter, mobile food pr-epafafien
uttsfacilities shall comply with the following safety requirements: (3205-10/93)
(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 the outside
of the tfacili . (3205-10/93)
(b) All equipment installed in any part of the wivA-facility shall be secured so as to prevent
movement during transit and to prevent detachment in the event of a collision or overturn.
(3205-10/93)
(c) All equipment installed within the interior of the tiff4facilfty, including the interiors of
cabinets or compartment, shall be constructed so as to be free of sharp or jagged edges.
(3205-10/93)
(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. (3205-10/93)
(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 one hundred eighty-eight (188) centimeters (seventy-six (76)
inches) or the fixture shall be installed out of the traffic aisle or work area. (3205-10/93)
(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. (3205-10/93)
Huntington Beach Municipal code Chapter 8.04 Page 4 of 78
(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 (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 tmit-facili1y is in motion. Signs setting forth the latter
three (3) requirements shall be posted in both English and Spanish. (3205-10/93)
(h) A first-aid kit approved by the Health Officers shall be provided and located in a convenient
area in an enclosed case. (3205-10/93)
(i) All pressure cylinders shall be securely fastened to a rigid structure of the ui+AfaciIi1y. All
liquefied petroleum gas (LPG) equipment shall be installed as follows: (3205-10/93)
(1) The LP gas tanks and relief valves shall be ASME approved for intended use. (3205-10193)
(2) Tanks shall be securely fastened and located where they will normally not be subject to
damage. They may be in a body compartment or underneath the body. The tank or
fittings must not protrude beyond the body. (3205-10193)
(3) Tanks and regulators shall be separated from any open flame by a vapor-tight partition.
(3205-10/93)
(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: (3205-10/93)
(a) All tank valves and fittings shall be readily accessible from outside the tKi4facili .
(3205-10/93)
(b) The tank safety relief valve shall be vented to the outside and directed downward.
(3205-10/93)
(c) The filling shall be done through an outside door to the compartment. (3205-10/93)
(d) The compartment shall be vented to the exterior of the tHlit-facifily so as to prevent
accumulation of gas. (3205-10193)
(5) Tubing that passes through partitions shall be protected by grommets made of rubber or
other approved materials. (3205-10/93)
(6) Tubing exposed to friction shall be protected against chafing. (3205-10/93)
(7) Expansion and contraction bends shall be made in the tubing between the tank and the
appliance. (3205-10/93)
(8) ASME-approved LP gas tubing or standard weight pipe shall be used throughout. (3205-10/93)
(9) Protective "thread" caps shall be installed on fill-line check valves. (3205-10/93)
(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. (3205-10/93)
Huntington Beach Municipal code Chapter 8.04 Page 5 of 78
(j) A minimum five (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.(32o510/93)
8.04.080 Additional requirements for mobile food facilities operating in
multi-locations in any day. In addition to the requirements specified in Section 8.04.070 above,
mobile food preparation facilities which operate at more than one (1) location in any
calendar day, shall comply with the following additional requirements: (3205-10/93)
(a) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee
in the interior of the facili 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. (3205-10/93)
(b) Deep fat flyers 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 unitfacili . 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-facili is in motion. Signs setting forth the latter requirement shall be
posted in both English and Spanish. (3205-10/93)
(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 unitfacili . 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-facili is in motion. Signs setting forth the latter requirement shall be
posted in both English and Spanish. (3205-10/93)
(d) An alternate means of exit in the side opposite the main exit door, or the roof, or the rear of
the unitfacili , 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 "Safety Exit" in contrasting colors with at least two and
fifty-four one-hundredths (2.54) centimeters (one (1) inch) high letters. (3205-10/93)
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.
(3205-10/93)
8.04.100 Summary suspension. (3205-10/93)
(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. (3205-10/93)
(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
Huntington Beach Municipal code Chapter 8.04 Page 6 of 78
with which the permittee is charged, specifying the pertinent code section, and informing the
permittee of the right to a hearing. (3205-10/93)
(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. (3205-10/93)
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 premises shall be notified of the unsanitary conditions and shall be
required to take such remedial action as may be necessary to obviate such condition. (3205-10/93)
8.04.120 Rules and regulations. The Health Officer may adopt and enforce rules and regulations
necessary to administer this chapter including,but not limited to,regulations pertaining to: (3205-10M)
(a) Forms for applications, permits and notices. (3205-10/93)
(b) Forms and procedures for hearing upon the granting, denying, suspending, revoking or
reinstating of permits. (3205-10/93)
(c) Inspections of premises and reporting thereon. (3205-10193)
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 expenses are hereby
found not to be met by the fees prescribed by the State. The authority for this section is
contained in Seefien 101325 of the Health and Safety Code. (3205-10i93)
The County shall, by annual Board Resolution, adopt health service fees to be paid by the
proprietor or operator of the 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. (3205-1 u93)
(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 territory. (3205-10/93)
(b) Violation. It shall be unlawful for any person to conduct any activity enumerated in this
section without a valid receipt. (3205-10/93)
(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. (3205-10/93)
(d) Applications. Applications for a receipt shall be filed with the Health Department on a form
to be provided by 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. (3205-10i93)
Huntington Beach Municipal code Chapter 8.04 Page 7 of 7-8
8.04.140 Penalty. Any person violating any of the provisions of this chapter shall be guilty of a
misdemeanor. (3205-10/93)
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. (3205-10i93)
Huntington Beach Municipal code Chapter 8.04 Page 8 of 78