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HomeMy WebLinkAboutNS-1403REL:nr 1-9-78 ORDINANCE NO. NS-1403 AN ORDINANCE OF THE CITY OF SANTA ANA ADDING ARTICLE X TO CHAPTER 18 OF THE SANTA ANA MUNI- CIPAL CODE ESTABLISHING A PERMIT REQUIREMENT FOR FOOD HANDLING ESTABLISHMENTS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1: That the Santa Ana Municipal Code is hereby amended by adding an Article, to be n~mbered X, to Chapter 18, which said Article consists of sections numbered 18-501 through 18-513 and reads as follows: ARTICLE X. FOOD HANDLING ESTABLIShmENTS Section 18-501. Definitions. The following terms used in this Article shall have the meanings indicated below: HEALTH DEPARTMENT OR DEPARTMENT shall mean the Orange County Health Department. 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 food-handling establishments or equipment for the enforce- ment of this Article. FOOD-HANDLING ESTABLISHMENTS shall include land, build- ings, vehicles, ships and other vessels wherein food for public consumption is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food-hand- ling establishments. BAKERY shall be as defined in Section 28190 of the California Health and Safety Code. FOOD PROCESSING ESTABLISHMENT shall be as defined in Section 28280.1 of the California Health and Safety Code. RESTAURANT shall be as defined in Section 28522 of the California Health and Safety Code. ITINERANT RESTAURANT shall be as defined in Section 28523 of the California Health and Safety Code. RETAIL FOOD PRODUCTION AND MARKETING ESTABLISHMENT shall be as defined in Section 28802 of the California Health and Safety Code. VEHICLE shall be as defined in Section 28524 of the California Health and Safety Code. 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. ORDINANCE NO. NS- 1403 PAGE TWO ICE PLANT, SELF-CONTAINED ICE PLANT, AND ICE DISTRI- BUTOR shall be as defined in Section 4003 of the California Health and Safety Code. Section 18-502. Permit Required; Conditions and Terms. a. It shall be unlawful for any person or other legal entity to operate any food-handling establishment in which food is prepared, sold, processed or manufactured, or served for public consumption without first applying for and receiving a Food Vend- ing Permit for such operation issued by the Health Department under the provisions of this Ordinance. Retail Food Production and Marketing Establishments shall not be subject to the provisions of this Article. b. The food-handling establishments to which this Ordi- nance applies shall include, but not be limited to, any restaurant, itinerant restaurant, food vehicle, food vessel, bakery, food processing establishment and ice plant located in the City of Santa Ana and any vending machine business operating vending machines in the City of Santa Ana regardless of the location of the facilities from which they are served. c. 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 establishment, the character of the establishment which is proposed to be conducted, and such other information as the Health Department may require. d. No permit shall be granted, renewed or reinstated unless the Health Department determines, upon making an investiga- tion, that the food-handling establishment for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist in the establish- ment which are, or which may be, unsafe, insanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public. e. Nor shall a permit be granted, renewed or reinstated unless the Health Department determines that the condition of the food-handling establishment is in accordance with the require- ments of all applicable provisions of the California Health and Safety Code, of this Ordinance, and of all rules and regulations promulgated under Section 18-512 below, and that said food-handling establishments are capable of being operated in accordance with such laws and regulations. f. Permits may be granted at any time during the year, but all permits shall expire at the end of the calendar year, unless less than six months remain in such calendar year from date of issuance, in which event the permit shall expire at the end of the following calendar year. Each permit shall be posted in a conspicuous place on the food-handling establishment or vehicle for which it is issued. Section 18-503. Construction, Conversion and Alteration. Prior to the construction, conversion or alteration of any food establishment, or construction or purchase of a model of vehicle not previously under permit to any person in the City, three copies of the plans and specifications therefore shall be sub- mitted to the Health Department. The Health Officer or his autho- rized deputy shall thereafter issue his certificate stating what modifications, if any, he deems required for compliance with applicable laws and ordinances. ORDINANCE NO. NS- 1403 PAGE THREE Section 18-504. Building Permits. The Director of Building Safety and Housing shall notify the Health Department when plans are received to build or remodel a food establishment. The Director may withhold the issuance of a building permit until the Health Department has approved the plans. Section 18-505. Sanitation Requirements. Ail food-handling establishments for which a permit is required by this Ordinance shall be constructed, equipped, opera- ted and maintained so as to comply with the pertinent sections of the California Health and Safety Code. Section 18-506. Suspension of Permits. A permit issued under this Article may be suspended, under the procedure set forth in Sections 18-507 through 18-510 for any of the following reasons: a. violation of State law, b. violation of this Ordinance, c. upon a recommendation for revocation of the permit, pending a hearing thereon. Section 18-507. 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 constitutimg 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 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, or within 15 days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected. Section 18-508. Hearing. 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 18-507(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 registered as provided in Section 542 thereof, but shall not be the inspector who reported the violations or who inspected any corrective mea- sures taken. ORDINANCE NO. NS-1403 PAGE FOUR 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 18-509. 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 inspect- ing any of the food-handling establishments described in Section 18-501, above, or any portion thereof; and in such event the inspector may forthwith suspend the Food Vending Permit issued for the esta- blishment. Section 18-510. Summary Suspension. Whenever an inspector finds insanitary 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 food-handling establishment stating that the permit is immediately suspended and shall set forth the substance of the sus- pension as provided in Section 18-507. Any person to whom such an order is issued shall immediately comply therewith; but, upon re- quest made to the inspector who orders the suspension, or 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 18-511. Supervision of closing Down Premises. When any permit is first suspended hereunder, or when any food-handling establishment governed hereby as defined in Section 18-502 shall have bee~ closed for business and left in an insani- tary condition, the Health Department shall have the power to enter to insure that the food-handling establishments 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 food-handling establishment, the owner of the food-handling establishment shall be notified of the insanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. Section 18-512. Rules and Regulations. The Health Officer may adopt and enforce rules and regu- lations necessary to administer this Article 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, ORDINANCE NO. NS- 1403 PAGE FIVE C. inspections of food-handling establishments and re- porting thereon. Section 18-513. Penalty. Any person violating any of the provisions of this Ordi- nance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not less than Twenty-Five Dollars ($25.00) and not more than Five Hundred Dollars ($500.00) or by imprisonraent for a period not exceeding six (6) months, or by both such fine and imprisonment. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional. ~OPTED, this by the following vote: AYES: NOES: 6th day of February COUNCILMEN: Brandt, Ward, Evans, Garthe COUNCILMEN: None , 1978, 0rtiz, Yamamoto, ATTEST: ABSENT: COUNCILMEN: B CLERK OF THE COUNCIL 'icken MAYOR APPROVED AS TO FORM: KEITH L. GOW, CITY ATTORNEY