HomeMy WebLinkAboutProposed Uniform Food Sanitation Ordinance - Referred by Cit Page 94 •-- Minutes, August 15, 1966
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PROPOSED UNIFORM FOOD SANITATION ORDINANCE-X-
The City Administrator presented a recommendation that the revised
version of the Uniform Food Sanitation Ordinance adopted by the
Orange County Board of Supervisors, be referred to the City Attorney.
On motion by Kaufman, Council referred this matter to the City
Attorney for study and to report back to the Council. Motion carried.
1117
PIER TRAM LEASE - CLARA B WARNER
The City Administrator presented a recommendation that a clause be
inserted in the renewal of the lease for the pier tram concession
requiring the owner to comply with the City's need architecturally
and structurally when proposed beach development goes forward.
On motion by Green, Council referred this matter to the City
Administrator for study and to report back to the Council at their
next regular meeting. Motion carried.
Kq
PEDESTRIAN BRIDGE-AGREEMENT - TRACT 5791
The City Administrator presented an agreement for the construction of
a pedestrian bridge across the Wintersburg Flood Control Channel at
Graham Street for children' who will be attending the Ocean View School.
On motion b Kaufman Council y , approved the agreement between the
City of Huntington Beach, Dutch Haven Homes, and the Ocean View School
District, for the constction of a pedestrian bridge across the
WintersbuM Flood Control Channel, and authorized the Mayor and the
City Clerk to execute the Agreement on behalf of the City. Motion
carried.
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ARCHITECTURAL REVIEW BOARD
On motion by Coen, Council directed the Administrator to advertise
for applicants with experience in architectural design and related
fields, for the Architectural Review Board, with the deadline being
set for September 6, 1966. Motion carried.
SUNSET BEACH SANITARY DISTRICT - COMPLAINT
Council directed the City Administrator to establish a meeting
between the Huntington Harbour Property Owners Association, Council-
man Bartlett and Mayor Stewart, and the Staff, to study the problems
created by the . Sunset Beach Sanitation Disposal Plant, with a tentative
date set for September 13th at 8:00 P.M.
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BANNING AVENUE PUMPING STATION
On motion by Kaufman, Council authorized the Director of Public Works
to prepare the Plans and Specifications for increasing the capacity
of the Banning Avenue Pump Station Motion carried.
ORDINANCE NO 1245 - FIRST READING- PLANNING COMMISSION
The Clerk read Ordinance No,, 1245 by title - "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9007 OF.
THE HUNTINGTON BEACH ORDINANCE CODE RELATING TO MEETINGS OF THE
PLANNING COMMISSION."
On motion by Green, Council waived further reading of Ordinance No,.
1245 by unanimous vote. Motion carried.
ORDINANCE NO 1246 - FIRST READING - PARKS
The Clerk read Ordinance No. 1246 by title - "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLES 771
AND 772 "AND ALL SECTIONS THEREOF OF THE HUNTINGTON BEACH ORDINANCE
CODE."
On-motion by Bartlett , Council waived further reading of Ordinance
No. 1246 by unanimous vote® Motion carried.
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AGENDA 8-15-66
INGTpN
O aPrAarF
CITY OF
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= CALIFORNIA
�CDUNTY CPS.
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August 9, 1966 ,F QD:A. !U-Gt--
City Council
City of Huntington Beach
Re: Proposed Uniform Food Sanitation
Ordinance
Gentlemen:
On May 12, 1966 the executive committee of the Orange County
League of Cities introduced a Uniform County Food Sanitation
Ordinance and recommended its adoption by member cities.
On July 29, 1966 the Orange County Board of Supervisors adopted
a slightly revised version of the ordinance which is essentially
identical to the original. In the interest of uniformity of
food sanitation throughout the county, I would recommend that
the County version be referred to the City Attorney for study
and report to the Council.
4
.Doyl Miller
Cit Administrator
DM:bwo
EDW. LEE RUSSELL, M.D.
3
. HEALTH OFFICER
�/ SANTA ANA OFFICE
t � g � 8TH & NORTH ROSS STREETS
SANTA ANA. CALIFORNIA 92702
TELEPHONE: 547-0547
a Mailing Address: P. 0. Box 355
s Santa Ana, California 92702
ANAHEIM OFFICE
1011 SOUTH EAST STREET
s ANAHEIM, CALIFORNIA
TELEPHONE: 776-5551
HEALTH DEPARTMENT Santa
Address: P. O. Box-35S
Santa Ana, California 92702
July 22, 1966
City Council
City of Huntington Beach
Civic Center
Huntington Beach, California
i
Subject: Proposed Uniform City Food Sanitation Ordinance
Gentlemen:
We present herewith a proposed Uniform City Food Sanitation Ordinance for
your review, with the request that you consider it for adoption.
The ordinance is the product of the joint efforts of this Department, the
County Counsel's Office and an ad hoc committee of the Orange County League of
California Cities. The ordinance was presented to the Executive Committee of
the League on May 12, 1966, at which time that body endorsed it and recommended
its adoption by member cities. On July 29, 1966, the Orange County Board of
Supervisors adopted a- version of the ordinance essentially identical to that
which is attached..
There are several reasons for presenting this ordinance for-your consider-
ation:
1. The ordinance would provide a degree of uniformity in food ordinances
throughout all of the cities served by the Health Department. There
are presently 21 city food ordinances in effect, each differing from
the others in certain respects. This makes it difficult to provide
a uniform level of service to -each city.
2. The proposed ordinance contains specific sanitation requirements which
embody the latest knowledge concerning food sanitation technology.
3. The sanitation requirements of the ordinance would apply to all types
of food businesses, including those which are not now covered by such
necessary standards. Specifically, groceries, produce markets, meat
markets and other retail food selling businesses would be covered by
the sanitation requirements.
City Council
City of Huntington Beach
July 22, 1966
Page Two
4. There is included in the ordinance a.provision that allows the Health
Department to review construction plans of proposed new food estab-
lishments 'in order to insure that they will be built and equipped in
accordance with applicable legal requirements; this minimizes.possible
costly remodeling which might be required after-an' establishment is
completed.
5. The ordinance prescribes the procedures and conditions under which
food permits may be granted, denied, suspended and revoked, thereby
clarifying the rights of the permittee and the authority of the
Health Department in respect to such matters.
The ordinance is now being presented to each of the cities in Orange County
simultaneously. None have -adopted the-ordinance. at this time. We will be pleased
to meet with you, at your convenience,- to provide you with any additional infor-
mation you may desire. Thank you very much for your consideration of our request.
Very truly yours,
0
EDW. LEER J� ]S L'
Health Officer for the
City of Huntington Ba h and the
County_ of Orange
ELR:jg
Enclosure
PROPOSED UNIFORM CITY FOOD ORDINANCE
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF
RELATING TO THE ISSUANCE OF PERMITS FOR FOOD
HANDLING BUSINESSES, AND PROVIDING A PENALTY
FOR THE VIOLATION THEREOF.
The City Council of the City of does
ordain as follows:
FOOD HANDLING BUSINESSES
SECTION 1. Definitions.
The following terms used in this Ordinance shall have the meanings
indicated below: ,
HEALTH DEPARTMENT OR DEPARTMENT shall mean the Orange County Health
Department, which acts as the health department of the City pursuant to reso-
lution made under the provisions of Section 476 and 477 of the Health and Safety
Code of the State of California.
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.
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 premises or equipment for the
enforcement of this Ordinance.
PREMISES shall include .and, buildings, vehicles and ships and other
vessels wherein food is handled, stored, distributed, prepared, processed,
served or sold,_.Iand also equipment installed or used in food establishments or
on such premises.
SECTION 2. Permit required;. conditions and term.
(a) It shall be unlawful for any person or other legal entity to
operate, within the City- of _., any business in which
food is prepared, sold or served for public consumption-upon the premises or
elsewhere, or any food processing or manufacturing plant, or any store, vehicle,
vessel or facility for the sale, storage or retail or wholesale distribution of
foods or beverages, without first applying for and receiving a Food Vending
Permit for such'. operation issued by the Health Department under the provisions of
this Ordinance.
6-66 116L 300
(b) The places of business for which such permit ' are'remqu:Lred shall
include, but shall not be limited to, any restaurant, cafe,-SAMm Grunter, cafe-
teria, soda fountain, ice cream parlor, soft d_rjJ.-j stand, " s"r�a.t` axed, vegetable
stand, grocery, meat market, _bakery, popcorn or peanut stand,=, bottling plant,
wholesale warehouse, food vending vehicle and vessel, and bi ` Vises which serv-
ice vending machines located in the City of , regardless
of the location of the facilities from which such vending machines are serviced.
(c) This Ordinance shall not apply to cigar stands or other places
of business or vehicles where no Food of any kind �.s sold, other than candy, or
soft drinks received and sold JM sealed containers, nor to vehicles engaged in
the delivery of food products to -Waolesall e, or retail establishments for resale.
(d) Every applicant for a Food Tending 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 business, the character of
the business which is proposed to be conducted and such other information as the
Health Department may require.
(e) 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 healthful wanner, and that no conditions exist on 'the
premises which are, or which may be, unsafe, unsanitary, l '. olesome or detri-
mental to the health of the patrons, consumers, employees car"the general public.
(f) Nor shall a permit be granted, renewed or reinstated unless the
Health .Department determines that the condition of the premises is in accord-
ance with the requirements of all applicable provisions of the California Health
and Safety Code, of the ordinances of the City of , of
this Ordinance, and of all rules and regulations promulgated under Section 12
below, and that said premises are capable of being .operated in accordance with
such Laws and regulations.
(g) Permits may be granted at any time during the year, but all permits
shall expire at the end of the calendar (fiscal) year. Each .permit shall be
posted in a conspicuous place on the premises or vehicle for which it is issued.
SECTION 3d Construction, conversion and alteration.
Prior to the construction, conversion or alteration of a building for
use as a food establishment, or construction or° plarchase of a model of vehicle
not previously under permit to any person in the City, two copies of the plans
and specifications therefor shall be s omitted to the Health Departments The
Health Officer or his authorized deputy shall thereafter issue his certificate
stating what modifications, if any, he .d��Ii .required for compliance with appli-
cable laws and ordinances.
SECTION 4. Sanitation requirement a
All businesses and premises for which a permit is required by this
Ordinance- shall be constructed, equipped, operated and maintained so as to comply
with the following sanitation requirements
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(a) Ingredients used in the preparation of foods or beverages, and
all foods or beverages shall, at all times, be pure, free from adulteration and
spoilage, shall have been obtained from approved sources, when such approval is
required by law, and shall otherwise be fully fit for human consumption.
c, (b) All foods, beverages, utensils andequipment shall, at all times,
be protected from contamination and pollution by dust, dirt, flies, vermin,
rodents., animals, unnecessary handling, droplet infection, overhead leakage,
insecticides, rodenticides, cleaning compounds and other poisonous or deleteri-
ous substances, and all other forms of contamination.
(c) All readily perishable foods or beverages, and any foods or bev-
erages capable of supporting the rapid and progressive growth of micro-organisms
which can cause food infections or food intoxications, shall, when being held,
stored, distributed, transported or displayed for sale or service) be maintained
at or below a temperature of 500 F. All such foods or beverages, when being
maintained hot for serving) or while being served hot, shall be kept at a temper-
ature above 1400 F. No such foods or beverages shall be held at such temperatures
for such periods of time and under such conditions which can. cause food intoxica-
tion or infection. Accurate thermometers shall be installed in all refrigerators
and food warming devices so as to be readily visible; and thermometers shall be'
readily available for measuring the temperatures of perishable foods.
(d) All employees preparing, serving, or handling food shall wear
clean washable outer garments or other clean uniforms and shall keep their hands
clean at all times while engaged in handling food, beverage, or utensils. All
such food handlers shall wash their hands and arms with soap or detergent and
warm water before commencing work after using toilet facilities and before re-
turning to work, and at such other times. as are necessary to prevent contamina.!.,
tion of food.
All employees shall wear hairnets, capso headbands, or other suitable
coverings which confine the hair. Wherever practical, employees serving food
shall use tongs or other implements rather than their hands. The use of tobacco
in any form by any employee while handling or serving food, beverage) or utensils
is prohibited. No employee or other person shall use tobacco in any form in any
room or space used primarily for the preparation of food, and the employer shall
post and maintain "No Smoking" signs in such rooms or places.
(e) No person shall be employed in connection with a food establish-
ment who, in the opinion of the Health Officero is affected with, or a carrier of,
any disease in a state which is likely to be communicable to persons exposed as
a result of the affected employee's normal duties as a food handler.
(f) All premises shall be so constructed, equipped, operated and main-
tained so as to prevent the entrance, harborage and breeding of rodents, flies,
insects and other vermin. The doors, windows and other openings of all premises
shall be fitted with self-closing doors, screens or other mechanical devices to
effectively exclude flies and other insects.
(g) The floor surfaces of ail rooms in which foolls or beverages are
stored or prepared, utensils are washed,, or refu-se or ga:,.,tiage is stored, and the
floor surfaces of toilet, lavatory, dressing or locke_ rooms, andd of walk-in re-
frigerators shall be of smooth, hard, impervious eas-".-'-y 'Nonstruction
and material. The walls and ceilings of all such rooms shal.1 be constructed of
light-colored, smooth) impervious washable material; except -that the walls of
rooms used only for the storage of foods. in unopened original contai:ers may be
of other easily cleanable construction.
(h) All rooms and areas shall be provided with safficient light:-Lng
to facilitate sanitary food handling and cleaning procedures, and -1to prevent,
safety hazards.
(i) Sufficient ventilation shall be provided in 81_I rooTro and areas
to dissipate disagreeable odors, condensation, steam, grease and vapors, com-
bustion products and other atmospheric.pollutants, and vent-J"lation shall be
sufficient to provide a reasonable condition of comfort for employees.. All
cooking equipment shall be provided with mechanical ex]haust ventilation equip-,
ment,as required to remove cooking odors, steam, grease, vapors and combust'ibnl-
products.
(j) The water supply shall. be from a soi)xce approred by the Health
Officer. All plumbing shall be installed, maintained and cperated so as to
prevent potential contamination of the water supply, foods and utensil washing
equipment. Hot and cold running water under pressure shall be provided in all
areas in which food is prepared or utensils are washed,,,-and such areas shall be
Provided with at least a two-compartment sink, with dr6inboards, constructed of
metal or other impervious material approved by the Health Office,-r- At least a
single-compartment janitorial sink with hot and cold running water shall be
provided for general clean-up activities in all food handling businesses, except
vehicles.
(k) Suitable space of.radequate size to allow o-.derliness and clean-
liness shall be provided for all food handling operations and the storage of
foods,, beverages and equipment. Adequate and suitable enclosed space sh-all be
provided for the storage of janitorial and maintenance supplies and eeq:uipment.
(1) All multi-use utensils, display cases, counters, shelves,, racks.,
tables, refrigeration equipment, sinks and other eqLLipme,-Tt, or utensils used in
the preparation, service, storage,, distribution or display of foods or beverages
shall be made of non-toxic materials and so constructed, insICIal-led. and maintained
as to be readily cleaned, and shall be kept clean A.ad ka good -repair. All equip-
ment and utensils shall be washed and sanitized according to methods approved by
the Health Officer.
(m) With the exception of vehicles, toilet facilities shall, be pro-
vided on the premises and convenient to employees. Where there are five or more
employees of different sex,, separate toilets shall be provided for each sex.
Toilet rooms shall be separated from other portions of the prem,_ses by tight-
fitting self-closing doors. Hand-washing facilities shal—I be I;rovided for employees
within or adjacent to toilet rooms,, and shall be equipped with hot and cold running
water through a mixing-type faucet. Handwashing detergent or soap and
sanitary towels in dispensers shall be provided at handwashing basins.
(n) Except for vehicles, a room or enclosure, separated from
toilets or any food storage or food preparation area shall be provided
where employees may change and store their outer garments. No employee
shall dress or undress or store his clothing in any other area on the
premises.
(o) All sewage and liquid wastes shall be discharged into
the public sewerage system or into an individual sewerage disposal system
approved by the Health Officer.
(p) All premises shall be provided with such facilities and
equipment as are necessary to properly store or dispose of all waste mate-
rials. All food waste, and rubbish containing food waste shall be kept in
tight, nonabsorbent,. rodent-proof containers covered with tight-fitting
lids. The containers shall be maintained in a clean and sanitary condi-
tion. All food,..wa,ste and rubbish shall be removed and disposed of in
a sanitary manner as frequently as may be necessary to prevent a nuisance.
(q) Living and sleeping quarters shall be separated entirely,
by a solid partition, from the food handling business. No couch, cot, bed
or other sleeping accomodation shall be maintained or kept in any room
where food is prepared, stored or served.
(r) The premises, equipment and all utensils shall be kept clean
and sanitary, free of vermin and in good repair. No live animal, bird or
fowl shall be kept or allowed in any food establishment, with the exception
of dogs used by the blind.
SECTION 5. Suspension of permits.
A permit issued under this Ordinance or its predecessor may be
suspended, under the procedure set forth in Sections 6 through 10, for
any of the following reasons: (a) violation of State law, (b) violation
of this Ordinance, (c) violation of the rules and regulations adopted pur-
suant to Section 12, or (d) upon a recommendation for revocation of the
permit, pending a hearing thereon:
SECTION 6. Notice of violation.
When any of the aforesaid laws, this Ordinance, 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 completed,
allowing a reasonable period therefor.
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(e) That the permittee has. a right to a hearing, upon request, and
(f) That if no hearing is requested) and if the Health Department
does not receive notice that all such corrections have been made before 9:00 A.M.
of the date named under (d) above, the'permit will be suspended from that time
until such violationsare corrected.
SECTION 7. Hearing.
-the permit holder shall have the right to a hearing, on all viola-
tions listed in the notice. The permit shall, however, be suspended unless,
the Department. receives. from the permit holder, before 5:00 A.M. of the date
specified under Section 6(d), a written or oral request for a hearing, or
notice that all violations have been corrected as specified.
The hearing shall be held by the Health- Officer or his duly author-
ized representative, who is a qualified Sanitarian as defined in Section 540
of the Health and Safety Code and registered,as provided in Section 542
thereof, but shallnot be the inspector who reported the violations or who
inspected any corrective measures taken.
The person conducting the bearing shall make a written -order asto
each alleged violation listed on the notice and shall .deliver a signed copy
thereof, to the permittee. As to each violation, the order shall either:
(a) suspend the permit until it is corrected) or (b) extend the time or
modify the measures to be taken for correction before suspension, or (c)
declare that the violation has been corrected so as to comply with the
'applicable law, or (d) declare that there was no violation.
SECTION 8. Revocation for repeated violations.
If there shall have been three or more Notices of Viol4tion issued
within the 12 month period immediately preceding the current violation as
to the premises in question as provided in Section 7, and not overruled
upon hearing, the order of the person conducting the hearing or, if no hear-
ing is held, of the inspector, who is responsible for the third such notice,
shall 'recommend to the Health Officer whether or not the permit shall be
revoked as provided below. If it is so recommended, the permit may be ordered
suspended forthwith, by the Health Officer, pending the hearing on such pro-
posed revocation.
Upon such a recomendation for r*evocation by theperson conducting
the hearing, the permit in question,,m�qy be revoked by the Health Officer
after hearing, updn ,his finding that such violations were serious enough and,
showed such lack of responsibility towards the public health as to require
such revocation to protect the public health.
SECTION 9'. Suspension for refusal of entry.
It shall be a violation of this ordinance for any person to deny
or hinder entry by any inspector for the purpose of inspecting any of the
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premises described in Section 2, above, or any portion thereof; and in
such event the inspector may forthwith suspend the Food Vending Permit
issued for the premises.
SECTION 10. Summary suspension.
Whenever an inspector finds unsanitary or other conditions in the
operation of any food establishment which, in his judgment, constitute an
immediate and substantial hazard to the public health, he shall issue a
written notice to the permit holder or person in charge of the premises as
provided in Section 7 above, except that instead of the matter specified
under (f), it shall state that the permit is immediately suspended and shall
set forth the substance of the following sentence. Any person to whom such
an order is issued shall immediately comply therewith; but, upon request made
to the inspector who orders the suspension, or to the Health Officer or his
authorized representative, either personally or by telephone or in writing,
he shall be afforded a hearing as soon as possible, and notice of its setting
may be given in the same manner as the request.
SECTION ll. Supervision of closing down premises.
When any permit is first suspended hereunder, or when any premises
governed hereby as defined in Section 2 shall have been closed for business
and left in an;< unsanitary condition, the Health Department shall have the
power to enter'to insure that the premises are closed down in a manner which
will not endanger the public health. If the permittee or his employee in
charge cannot be found, or is unwilling or unable to remedy the condition
of the premises, the owner of. the premises shall be notified' of the unsani-
tary conditions and shall be required to take such remedial action as may
be necessary to obviate such condition.
SECTION 12. Rules and regulations.
The Health Officer may adopt and enforce rules and regulations
necessary to administer this Ordinance including regulations pertaining to:
(a) Forms for applications, permits and notices.
(b) Forms and procedures for hearings upon the granting, denying,
suspending, revoking or reinstating of permits.
(c) Inspections of premises and reporting thereon.
SECTION 13. Penalty.
Any person violating any of the provisions of this Ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall bepun-
ished by a fine not less than Twenty-five Dollars ($25.00) and not more than
Five Hundred Dollars ($500.00) or by imprisonment in the County Jail for a
period not exceeding six (6) months, or by both such fine and imprisonment.
SECTION 14. This Ordinance shall take effect thirty days from and
after the date of its adoption.
Mayor
ATTEST:
City Clerk
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