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HomeMy WebLinkAboutNS-1517CTD/fm 1/10/80 ORDINANCE NO. NS-]517 AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING SECTIONS 18-501 AND 18-502 AND ADDING SECTIONS 18-514 AND 18-515 TO THE SANTA ANA MUNICIPAL CODE, RELATING TO THE REGULATION OF MOBILE FOOD PREPARATION VEHICLES. THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: SECTION 1. That Section 18-501 of the Santa Ana Municipal Code, is hereby amended to read as follows: Sec. 18-501. Definitions. The following terms used in this article have the meanings indicated below: ~ 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. Heal'th Department or Department shall mean the Pub~{c Health and Medical Services of the Orange County Human Services Agency. 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. Ice plant, self-contained ice plant and ice distributor shall be as defined in section 4003 of the California Health and Safety Code. 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 article. Itinerant restaurant shall be as defined in section 28523 of the California Health and Safety Code. Mobile food preparation vehicle shall mean any vehicle or portable food service unit upon which food is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution. 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 on such premises. Restaurant shall be as defined in section 28522 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. ORDINANCE NO. NS- ] 5] 7 Page Two Vending machine shall be as defined in section 28525 of the California Health and Safety Code. Vendin9 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. That Section 18-502 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18.502 Permit required; conditions and terms. (a) It shall be unlawful for any person or other legal entity to operate any restaurant, itinerant restaurant, mobile food preparation vehicle, vehicle, vending machine business, bakery, food processing establishment, ice plant, self-contained ice plant or act as an ice distributor without first applying for and receiving a food vending permit issued by the Health Department under the provisions of this article. Retail food production and marketing establishments shall not be subject to the .provisions of this article. (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 article and such other information as the Health Department may require. Applicants for a permit to operate a mobile food preparation vehicle shall, in addition, provide a list of three service stops which shall include the address or exact location and time of each stop. A revised list shall be submitted whenever changes occur. (c) 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, un- wholesome or detrimental to the health of the patrons, consumers, employees or the general public. (d) Nor shall a permit be granted, renewed or reinstated 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 this article and of all rules and regulations pro- mulgated under section 18-512 below, and that said premises are capable of being operated in accordance with such laws and regulations. (e) 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. (f) Any permit previously issued to a mobile food preparation vehicle shall be suspended beginning 90 days after the effective date of this subsection unless the permittee presents such vehicle to the Health Department and the Health Department certifies that such vehicle is in full compliance ORDINANCE NO. NS- ]5]7 Page Three with the applicable requirments of sections 18-514 and 18-515 as well as all other applicable provisions of the Health and Safety Code and of this article. The Health Officer may grant an extension of time for compliance with the aforesaid requirements of sections 18-514 and 18-515, if he finds that the applicant has made a good faith effort to comply but cannot do so for reasons beyond his control, such as inadequate capacity of equipment fabrication con- tractors. In such instances the applicant shall present a written request for an extension documenting the steps already undertaken, the reasons compliance cannot be achieved within the prescribed time period, and a time-table for full compliance. Extensions shall not be granted for compliance with the requirements of section 18-515 concerning the design and construction of lids for deep fat fryers. SECTION 3. That the Santa Ana Municipal Code is hereby amended by adding Section 18-514, which said section shall read as follows: Sec. 18-514. Mobile food preparation vehicles. In addition to all other applicable provisions of the Health and Safety Code and of this article, mobile food preparation vehicles shall comply with the following require- ments: (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 vehicle. (b) Ail equipment installed in any part of the vehicle shall be secured so as to prevent movement during transit and to prevent detachment in the event of a collision or overturn. (c) Ail equipment installed within the interior of the vehicle, including the interiors of cabinets or com- partments, shall be constructed so as to be free of sharp or jagged edges. (d) Ail 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 188 cm (76 inches) or the fixture shall be installed out of the traffic aisle or work area. (f) High voltage (110-220 v) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within junction, outlet, or switch as to prevent the use of extension cords exceeding 183 cm (6 feet). Outside electrical connection receptacles shall be of weatherproof design with cover. ORDINANCE NO. NS-]517 Page Four (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 35.5 cm x 35.5 cm (14 inches x 14 inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the vehicle is in motion. Signs setting forth the latter three (3) requirments 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) Ail pressure cylinders shall be securely fastened to a rigid structure of the vehicle. Ail 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 com- partment, 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 re- quirements shall be met: a. Ail tank valves and fitting shall be readily accessible from outside the vehicle. 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. d. The compartment shall be vented to the exterior of the vehicle so as to prevent accumu- lation 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 pro- tected 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 in- stalled on fill-line check valves. ORDINANCE NO. NS- ]5]7 Page Five (10) Every appliance fueled by LP-gas shall be provded 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 5 B.C.-rated portable fire extinguisher (UL or State Fire Marshall-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 4. That the Santa Ana Municipal Code is hereby emended by addition of Section 18-515, which said section shall read as follows: Sec. 18-515. Mobile food preparation vehicles; additional requirements. In addition to the requirement specified in Section 18-514 above, mobile food preparation vehicles, which operate at more than one 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 vehicle 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 vehicle. 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 vehicle is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. (c) Water bath or steam hot food insert warming 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 vehicle. 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 vehicle is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. (d) Safety exit facilities. An alternate means of exit in the side opposite the main exit door, or the roof, or the rear of the vehicle, with unobstructed passage of 61 cm x 61 cm (24 inches x 24 inches) minimum to the outside, shall be provded. 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 2.54 cm (1 inch) high letters. ORDINANCE NO. NS-]517 Page Six SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance for any reason is held to be invalid or unconstitution by the decision of any court of competent 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. ADOPTED this 4th day of February, , 1980, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ATTE ST: APPROVED AS TO FORM: KEITH L GOW, CITY ATTORNEY Bricken, Luxembourger, Markel, Serrato, Ward, Yamamoto None Griset