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2597ORDINANCE NO. 2597 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING TITLE 6 OF THE ANAHEIM MUNICIPAL CODE BY ADDING THERETO CHAPTER 6.64. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That Title 6 of the Anaheim Municipal Code be, and the same is hereby amended by adding thereto Chapter 6.64, reading as follows: "CHAPTER 6.64 --FOOD HANDLING BUSINESSES. "SECTION 6.64.010 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 resolution 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 land, buildings, vehicles and ships and other vessels wherein food is handled, stored, dis- tributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or on such premises. BAKERY means any room, building, premises or place which is used or operated for commercial baking, preparing, manu- facturing, processing or packaging of bakery products. It in- cludes all rooms of a bakery in which bakery products or ingredi- ents are stored or handled. It does not, however, include any restaurant as defined in this Section. RESTAURANT means any coffeeshop, cafeteria, shortorder cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating estab- lishment, in -plant or employee eating establishment, and any other eating establishment, organization, club, including veterans' club, boardinghouse, guesthouse, or political subdivision, which gives, sells, or offers for sale, food to the public, guests, patrons, or employees as well as kitchens in which food is pre- pared on the premises for serving elsewhere, including catering functions. The term "restaurant" shall not include itinerant restaurants, vending machines, food vending vehicles or vessels, cooperative arrangements by employees who purchase food or ? -2 beverages for their own consumption and where no employee is assigned full time to care for or operate equipment used in such arrangement, or private homes; nor shall the term "restaurant" include churches, church societies, private clubs or other non- profit associations of a religious, philanthropic, civic improve- ment, social, political, or educational nature, which purchase food, food products, or beverages or which receive donations of food, food products, or beverages, for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fund-raising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products or beverages does not consti- tute a primary purpose or function of the club or association, and if no employee or member is assigned full time to care for or operate equipment used in such arrangement. ITINERANT RESTAURANT means any restaurant, operating from temporary facilities, serving, offering for sale, selling, or giving away food or beverage, and includes, but is not limited to, a restaurant where only wrapped sandwiches or other wrapped and packaged, ready -to -eat foods are served, and any mobile unit on which food is prepared and served. Itinerant restaurant does not include catering vehicle. VENDING MACHINE means any self-service device which, upon insertion of a coin, coins, or token, or by similar means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device be- tween each vending operation, but not including devices, dispens- ing peanuts, wrapped candy, gum, or ice exclusively. CATERING VEHICLE means any vehicle from which ready - to -eat pre-packaged foods and beverages, in individual portions, are sold to the public, including wrapped sandwiches, wrapped pastries, bottled soft drinks, bulk soft drinks and coffee, canned soups, tamales and other similar foods. "Catering vehicle" does not include bakery vehicles, produce peddlers, ice cream peddlers and similar food selling vehicles. "SECTION 6.64.020 PERMIT REQUIRED; CONDITIONS AND TERM (a) It shall be unlawful for any person or other legal entity to operate, within the City of Anaheim, any business in which food is prepared, sold or served for public consumption upon the premises or elsewhere, or any food processing or manu- facturing 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. Any person or other legal entity within the City of Anaheim operating any such business on the effective date of this Ordinance or within thirty (30) days thereafter shall have ninety (90) days from its effective date in which to apply for and receive a Food Vending Permit for such operation issued by the Health Department under the pro- visions of this Ordinance. (b) The places of business for which such permits are required shall include, but shall not be limited to, any restaurant, itinerant restaurant, cafe, lunch counter, cafeteria, soda fountain, ice cream parlor, soft drink stand, fruit and vegetable stand, grocery;, meat market, bakery, popcorn or peanut stand, -2- bottling plant, wholesale warehouse, catering vehicle, food vending vehicle and vessel, and businesses which service vending - machines located in the City of Anaheim, regardless of the loca- tion 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 is sold, other than candy, or soft drinks received and sold in sealed containers, nor to vehicles engaged in the delivery of food products to wholesale or retail establishments for resale. (d) 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 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 investi- gation, that the place of business for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist on the premises which are, or which may be, unsafe, unsanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public. (f) Nor shall a permit be granted, renewed or rein- stated unless the Health Department determines that the condition of the premises is in accordance with the requirements of all applicable provisions of the California Health and Safety Code, of the ordinances of the City of Anaheim, of this Ordinance, and of all rules and regulations promulgated under Section 6.64.120 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 year. Each permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued. "SECTION 6.64.030 CONSTRUCTION, CONVERSION AND ALTERATION OF ANY FOOD HANDLING BUSINESSES Prior to the construction, conversion or alteration of a building for use as a food establishment, or construction or purchase 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 submitted to the Development Services Department, Building Division, for review. The Building Division shall submit one copy of said plans and specifications to the Orange County Health Department. Each of these agencies shall within ten (10) days thereafter issue their respective statements specifying what modifications, if any, they deem to be required for compliance with all applicable laws and ordinances. "SECTION 6.64.040 SANITATION REQUIREMENTS All businesses and premises, for which a permit is required by this Ordinance shall be constructed, equipped, oper- ated and maintained so as to comply with the following sanitation requirements: -3- (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. No food or beverage prepared in a private home shall be offered for sale, sold or given away in any establishment subject to these requirements. (b) All foods, beverages, utensils and equipment shall, at all times, be protected from contamination and pollution by dust, dirt, flies, vermin, rodents, animals, unnecessary handling, drop- let infection, overhead leakage, insecticides, rodenticides, clean- ing compounds and other poisonous or deleterious substances, and all other forms of contamination. (c) All readily perishable foods or beverages, and any foods or beverages 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, trans- ported or displayed for sale or service, be maintained at or below a temperature of 50° F. All such foods or beverages, when being maintained hot for serving, or while being served hot, shall be kept at a temperature above 140° 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 intoxication or in- fection. Accurate thermometers shall be installed in all refrig- erators and food warming devices so as to be readily visible; and thermometers shall be readily available for measuring the tempera- tures of perishable foods. (d) All employees preparing, serving, or handling food shall wear clean washable outer garmets 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 returning to work, and at such other times as are necessary to prevent contamination of food. All employees preparing, serving or handling food shall wear hairnets, caps, 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 establishment who, in the opinion of the Health Officer, 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 maintained 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, except those handling only produce, and/or packaged foods, shall be fitted with self-closing doors, screens or other mechanical devices to effectively exclude flies and other insects. -4- (g) The floor surfaces of all rooms in which foods or beverages are stored or prepared, utensils are washed, or refuse or garbage is stored, and the floor surfaces of toilet, lavatory, dressing or locker rooms, and of walk-in refrigerators shall be of smooth, hard, impervious easily cleanable construction and material. The walls and ceilings of all such rooms shall be con- structed of light-colored, smooth, impervious washable material; except that the walls and ceilings of rooms used only for the storage of foods in unopened original containers may be of other easily cleanable construction. (h) All rooms and areas shall be provided with suffi- cient lighting to facilitate sanitary food handling and cleaning procedures, and to prevent safety hazards. (i) Sufficient ventilation shall be provided in all rooms and areas to dissipate disagreeable odors, condensation, steam, grease and vapors, combustion products and other atmospheric pollutants; and ventilation shall be sufficient to provide a reasonable condition of comfort for employees. All cooking equip- ment shall be provided with mechanical exhaust ventilation equip- ment, as required to remove cooking odors, steam, grease, vapors and combustion products. (j) The water supply shall be from a source approved by the Health Officer. All plumbing shall be installed, maintained and operated 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 pro- vided with at least a two-compartment sink, with drainboards, constructed of metal approved by the health officer. Where multi- use eating or drinking utensils are used, at least a three - compartment sink, with drainboards, constructed of metal, approved by the health officer, or, in the alternative, a mechanical dish- washer approved by the health officer, shall be provided. At least a single -compartment janitorial sink with hot and cold run- ning water shall be provided for general clean-up activities in all food handling businesses, except vehicles. (k) Suitable space of adequate size to allow orderli- ness and cleanliness shall be provided for all food handling operations and the storage of foods, beverages and equipment. Adequate and suitable enclosed space shall be provided for the storage of janitorial and maintenance supplies and equipment. (1) All multi -use utensils, display cases, counters, shelves, racks, tables, refrigeration equipment, sinks and other equipment 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, installed and maintained as to be readily cleaned, and shall be kept clean and in good repair. All equipment 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 provided 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 premises by tight -fitting self-closing doors. Hand -washing facilities shall be provided for employees within or adjacent to toilet rooms, and shall be equipped with hot and cold running water through a mixing -type -5- 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 in accordance with the Uniform Plumbing Code as adopted and revised from time to time by the City of Anaheim. (p) All premises shall be provided with such facilities and equipment as are necessary to properly store or dispose of all waste materials. All food waste and rubbish containing food waste shall be kept in tight, non-absorbent, rodent -proof con- tainers covered with tight -fitting lids. The containers shall be maintained in a clean and sanitary condition. All food waste 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 accommodation shall be main- tained 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 6.64.050 SUSPENSION OF PERMITS A permit issued under this Ordinance or its predecessor may be suspended, under the procedure set forth in Sections 6.64.060 through 6.64.100 for any of the following reasons: (a) violation of State law, (b) violation of this Ordinance, (c) violation of the rules and regulations adopted pursuant to Section 6.64.120 or upon a recommendation for revocation of the permit, pending a hearing thereon. "SECTION 6.64.060 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 com- pleted, allowing a reasonable period therefor. (e) That the permittee has a right to a hearing, upon request, and (f) That if no hearing Department does not receive notice _ been made before 9:00 A.M. of the permit will be suspended from that corrected. "SECTION 6.64.070 HEARING is requested, and if the Health that all such corrections have date named under (d) above, the time until such violations are The permit holder shall have the right to a hearing, on all violations listed in the notice. The permit shall, however, be suspended unless the Department receives from the permit holder, before 9:00 A.M. of the date specified under Section 6.64.060 (d), a written or oral request for a hearing, or notice that all viola- tions have been corrected as specified. The hearing shall be held by the Health Officer or his duly authorized representative who is a qualified Sanitarian as defined in Section 540 of the Health and Safety Code and regis- tered as provided in Section 542 thereof, but shall not be the inspector who reported the violations or who inspected any cor- rective measures taken. The Health Officer or his duly authorized representative shall give notice to the City of Anaheim five (5) days before said hearing is to take place. The person conducting the hearing shall make a written order as to 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 6.64.080 REVOCATION OF PERMIT FOR REPEATED VIOLATIONS If there shall have been three or more Notices of Violation issued within the 12 -month period immediately preceding the current violation as to the premises in question as provided in Section 6.64.060, and not overruled upon hearing, the order of the person conducting the hearing or, if no hearing 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 proposed revocation. Upon such a recommendation for revocation by the person conducting the hearing, the permit in question may be revoked by the Health Officer after hearing, upon his finding that such violations were serious enough and showed such lack of responsi- bility towards the public health as to require such revocation to protect the public health. "SECTION 6.64.090 SUSPENSION OF PERMIT FOR REFUSAL OF ENTRY TO INSPECTOR 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 premises described in Section 6.64.020, above, or any portion thereof; and in such event the inspector may forthwith suspend the Food Vending Permit issued for the premises. -7- "SECTION 6.64.100 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 6.64.060 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 6.64.110 CONTINUED SUPERVISION OF PREMISES FOR WHICH PERMIT HAS BEEN SUSPENDED OR REVOKED When any permit is first suspended hereunder, or when any premises governed hereby as defined in Section 6.64.020 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 unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. "SECTION 6.64.120 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 6.64.130 VIOLATIONS AND PENALTY Any person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon con- viction thereof shall be punished by a fine of 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 of not exceeding six (6) months, or by both such fine and imprisonment." SECTION 2. The City Clerk shall certify to Ordinance and shall cause the same to be fifteen (15) days after its adoption, in cm the passage of this printed once within the Anaheim Bulletin, a newspaper of general circulation, printed, published and circulated in said City, and thirty (30) days from and after its final passage it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and signed by me this 6th day of November 1968. MAYOR OF THLr CITY DF4:�PAHEIM ATTEST: DENE M. WILLIAMS, CITY CLERK By 42��itis Deputy CITY CLERK OF THE CITY OF ANA=M STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF ANAHEIM ) I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing ordinance was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 29th day of October 19 68 and that the same was passu and adopte at a regular meeting of the City Council held on the 6th day of November 19 68 , by the following vote o t e members ereo 7 - AYES: AYES: COUNCILMEN : Dutton, Krein, Clark and Pebley NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said ordinance on the 6th day of November , 1968 . IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 6th day Of November , 19 68. DENE M. WILLIAMS, CITY CLERK BY i7? r�l�a2�LGn� Deputy �i CITY CLERK OF THE CITY OF ANAHEIM 1, DENE M. WILLIAMS, CITY CL= RK OF THE CITY OF AN IAFIM, DO HEREBY CERTIFY THAT THE FOREGOING OkDINtsN-E IS THE OR!GiN'�L. OfRD!NANCE NO. 2597 AND WAS PUBLISHED ONCE IN THE Anaheim Bulletin ON THE 15th DAY OF November 1968 DENE M. WILLIAMS, By: C vev Gz/L t ems- r Deputy - CITY CLERK epu Y CITY CLERK -9-