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5353FOLLOWS: i ORDINANCE NO. 5353 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING CHAPTER 6.64 OF TITLE 6 OF THE ANAHEIM MUNICIPAL CODE PERTAINING TO FOOD HANDLING BUSINESSES THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS SECTION 1. That Chapter 6.64 of Title 6 of the Anaheim Municipal Code be, and it is hereby, amended to read as follows: "CHAPTER 6.64 FOOD HANDLING BUSINESSES 6.64.010 Definitions. The following terms used in this chapter shall have the meanings indicated below: (a) Certified farmers' market shall be as defined in section 27512 of the California Health and Safety Code. (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 or such other enforcement agency as shall be designated by the City Council. (g) Health Officer shall mean the County Health Officer or his or her deputy or such other agency or employees designated by the City Council. (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 or such other person designated by the department. I (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 equipment installed or used in food establishments or food facilities or on such premises. (m) Produce stand shall be as defined in section 27533 of the California Health and Safety Code. (n) Restricted food service transient occupancy establishment shall be as defined in section 27535.5 of the California health and Safety Code. (o) Satellite food distribution facility shall be as defined in section 27536.5 of the California Health and Safety Code. (p) Temporary food facility shall be as defined in section 27538 of the California Health and Safety Code. (q) Vehicle shall be as defined in section 27540 of the California Health and Safety Code. (r) Vending machine shall be as defined in section 27541 of the California Health and Safety Code. (s) 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. 6.64.020 PERMIT REQUIRED - CONDITIONS AND TERM. (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 without first applying for and receiving a food vending permit issued by the Department. (b) Every applicant for a food vending permit shall file with the Department a written application which shall state the name and address of the applicant, the character and location of i the activity for which a permit is required 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, is nontransferable and would be valid only for the person, locations, type of food sales, or distribution activity approved and, for the time period indicated. (d) A permit may be suspended or revoked for violation of any provisions of applicable law or regulation. Any food facility, vending machine business, food processing establishment, or any other food handling business, for which the permit has been suspended or revoked shall close and remain closed until the permit has been reinstated or a new permit issued. (e) Permits may be granted at any time during the year. A permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued. 6.64.030 CONSTRUCTION, CONVERSION OR ALTERATION. A person proposing to build or remodel a food facility, vending machine business, food processing establishment, or any other food handling business, 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 Officer may thereafter issue a certificate stating what modifications, if any, are required for compliance with applicable laws and ordinances. 6.64.040 SUSPENSION OF PERMITS. A permit issued under this chapter or its predecessor chapter may be suspended or revoked under the procedure set forth in this article for any of the following reasons: (a) Violation of State law; (b) Violation of this chapter or other ordinance; (c) Violation of the rules and regulations adopted pursuant to this chapter; or (d) Upon recommendation by the Health Officer. 3 F1 6.64.050 NOTICE OF VIOLATION When any laws 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. of the date specified under subsection (d) above, the permit will be subject to suspension or revocation until all violations have been corrected. 6.64.060 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 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 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. 4 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 or rules and regulations. 6.64.070 MOBILE FOOD PREPARATION UNITS In addition to all other applicable provisions of the Health and Safety Code and 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 equipment shall be installed so as to be accessible only from the outside of the unit. (b) All equipment installed in any part of the unit 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 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 5 designed for ease of cleaning and of materials approved by the Health Officer. (e) Ceiling light fixtures shall be recessed or flush -mounted and sealed and equipped with safety covers approved by the Health Officer. The minimum clearance from the floor to the light fixtures shall be at least one hundred eight -eight (188) centimeters (seventy-six (76) inches) or installed out of the traffic aisle or work area. (f) High voltage (110 volt or higher) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within junction, outlet, or switch boxes as to prevent the need for extension cords exceeding six feet in length. Outside electrical receptacles shall be of waterproof design with covers. (g) Attached, firmly anchored seats with back- rests, equipped with seat belts, shall be provided for all occupants. Jump seats shall fold clear of 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 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 Officer shall be provided in an enclosed case and located in a convenient area, immediately accessible area. (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) LP gas tanks and relief valves shall be ASME-approved. (2) Tanks shall be securely fastened and located where not normally subject to damage in a body compartment or 2 I 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 compartments, 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 unit. (b) The tank safety relief valve shall be vented to the outside and directed downward. (c) The filling of the tank shall be through an outside door. (d) The compartment shall be vented to the exterior of the unit to prevent accumulation of gas. (5) Tubing 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 7 I shut off all gas if the pilot light should be extinguished. j. 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 and at all times be fully charged. 6.64.080 ADDITIONAL REQUIREMENTS FOR MOBILE FOOD PREPARATION UNITS In addition to the requirements of section 6.64.070, mobile food preparation units which operate at more than one (1) location in any calendar day shall comply with the following requirements: (a) Coffee urns shall (1) be installed in compartments that will prevent excessive spillage of coffee in the event of a sudden stop, collision or overturn or (2) be equipped with positive closing lids and perforated metal protective sleeves on the glass liquid level sight gauges. (b) Deep fat fryers are prohibited unless equipped with positive closing lids 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 requirements 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 may contain 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 8 A 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 "Safety Exit" in contrasting colors with at least two and fifty-four one - hundredths (2.54) centimeters (one (1) inch) high letters. 6.64.090 SUSPENSION FOR REFUSAL OF ENTRY No person shall deny or hinder entry by any inspector for the purpose of inspection any of the premises described in this chapter. In the event of a violation of this Section the inspector may forthwith suspend the food vending permit issued for the premises. 6.64.100 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. (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. N (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. 6.64.110 SUPERVISION OF CLOSING DOWN PREMISES when any permit is suspended hereunder, or when any premises 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 building or structure shall be notified of the unsanitary conditions and shall be required to take such remedial action as may be necessary to correct such condition. 6.64.120 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: (a) Forms for applications, permits and notices. (b) Forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits. (c) Inspection of premises and reporting thereon. 6.64.130 PENALTY Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor punishable as provided in Section 1.01.370. 10 A 6.64.140 PREEMPTION This Chapter shall not apply to any matter to which it concerns to the extent that the regulation of such matter is preempted by State law." SECTION 2. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 3. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 2nd dam of February, 1993. ;r RKYMF THE CITY a F ANAHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM MES:dnl O03FOOD.10 010593 11 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) 1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5353 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of January, 1993, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 2nd day of February, 1993, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Feldhaus, Hunter, Pickier, Simpson, Daly NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 5353 on the 3rd day of February, 1993. IN WITNESS WHEREOF, I have.hereunto set my hand and affixed the official seal of the City of Anaheim this 3rd day of February, 1993. CITY CLERK OF THE CITY OF ANAHEIM (SEAL) 1, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original of Ordinance No. 5353 and was published once in the Anaheim Bulletin on the 11th day of February, 1993. CITY CLERK OF THE CITY OF ANAHEIM