HomeMy WebLinkAboutCC Ord 1077 1980-01-28
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ORDINANCE NO. ~,,~
AN ORDINANCE OF THE CITY OF SEAL BEACH
AMENDING CHAPTER 9A OF THE SEAL BEACH
CITY CODE RELATING TO FOOD AND FOOD
ESTABLISHMENTS.
The City Council of the City of Seal Beach does hereby ordain:
Section 1. That Chapter 9A of the City Code is amended to
read as follows:
FOOD AND FOOD ESTABLISHMENTS.
Article I. Food Vending Permits.
Definitions.
Permit required; conditions and terms.
Mobile food preparation vehicles.
Mobile food preparation vehicles; additional requirements.
Construction, conversion and alteration.
Building permits.
Sanitation requirements.
Suspension of permits.
Notice of violation.
Hearing.
Suspension for refusal of entry.
Summary suspension.
Supervision of closing down premises.
Rules and regulations.
Article II. Clothing of Employees.
Applicability of article.
Definitions.
Outer garments.
Applicability of state law.
Article I. Food Vending Permits.
Sec. 9A-l Definitions. The following terms used in this article shall
have the meanings indicated below.
9A-l.
9A-2.
9A-3.
9A-4.
9A-5.
9A-6.
9A-7.
9A-8.
9A-9.
9A-10.
9A- 11 .
9A-12.
9A-13.
9A-14.
9A-16.
9A-17.
9A-18.
9A-19.
( 1) "Bakery" shall be as defined in section 28190 of the California
Health and Safety Code.
( 2) "Food processing establishment" shall be as defined in section
28280.1 of the Cal i fomia Health and Safety Code.
( 3) "Health Department or Department shall mean the Public Health
and Medical Services of the Orange County Human Services Agency.
( 4) "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.
( 5) "Ice plant, self-contained ice plant and ice distributor"
shall be as defined in section 4003 of the California Health and Safety
Code.
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Ordinance Number
( 6) "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 eouipment for the enforcement of this article.
( 7) "Itinerant resturant" shall be defined in section 28523 of
the California Health and Safety Code.
( 8) "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.
( 9) "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 e~tablishments or on such premises.
(10) "Restaurant" shall be as defined in section 28522 of the
California Health and Safety Code.
(11) "Retail food production and marketing establishment" shall
be as defined in section 28802 of the California Health and Safety Code.
(12) "Vehicle" shall be as defined in section 28524 of the Cali-
fornia Health and Safety Code.
(13) "Vending machine" shall be as defined in section 28525 of
the California Health and Safety Code.
(14) "Vending machine business" shall mean the business of sell-
ing food or beverages by means of vending machines, regardless of the
number of locations at which the vending machines are located.
Sec. 9A-2. 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 prep-
aration 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 in-
formation 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 investigation, that the
place of business for which the application is made is equipped, op-
erated 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.
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Ordinance Number
(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 promulgated under 9A-3 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 with the applicable requirements of sections 9A-3
and 9A-4 as well as all other applicable provisions of the Health and
Safety Code of this article. The Health Officer may grant an extension
of time for compliance with the aforesaid requirements of sections 9A-3
and 9A-4, 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 contractors. 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 9A-4 (b) concerning the design and construction of lids for deep
fat fryers. II
Sec. 9A-3. 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 requirements.
(a) Compressors, auxiliary engines, generators, batteries, battery
chargers, gas-fueled water heaters. and similar equipment shall be in-
stalled so as to be accessible only from the outside of the vehicle.
(b) All equipment installed in any part of the vehicle shall be
secured so as to prevent movement during transit and to prevent de-
tachment in the event of a collision or overturn.
(c) All equipment installed within the interior of the vehicle,
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 ayoid loose storage of knives
in cabinets, boxes, or slots along counter aisle. Knife holders shall
be designed to be easily cleaned and be manufactured of materials ap-
proved by the Health Officer.
(e) Ceiling light fixtures shall be recessed or flushmounted 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.
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Ordinance Number
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(f) High voltage (110-220 v) electrical wlrlng 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 ex-
tension cords exceeding 183 cm (6 feet). Outside electrical connection
receptacles shall be of weatherproof design with cover.
(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 aisle-
way 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) requirements shall be posted in both English
and Spanish.
(h) A first aid kit approved by the Health Officer shall be pro-
vided and located in a convenient area in an enclosed case.
(i) All pressure cylinders shall be securely fastened to a rigid
structure of the vehicle. All 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 compartment, the
partitions shall be sealed off from the rest of the body with
no openings to the interior except for the tubing. The follow-
ing additinal requirements shall be met:
a. All tank valves and fittings shall be readily
accessible fnom 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 accumulation of gas.
(5) Tubing that passes through partitions shall be pro-
tected 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.
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Ordinance Number
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(9) Protective "thread" caps shall be installed on fill-
line check valves.
(lO) Every appliance fueled by LP-gas shall be provided
with an ASME-approved device which will ~utomatically 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.
Sec. 9A-4. Mobile food preparation vehicles; additional requirements
In addition to the requirements specified in Section 9A-3 above,
mobile food preparation vehicles, which operate at more than one lo-
cation 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 al-
ternative 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 posi-
tive closing lids to contain the fat and to prevent splashing or
excessive spillage in transit or in the event of a sudden stop, colli-
sion 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 foodcontainers 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 splash-
ing or spillage in transit or in the event of a sudden stop, collision,
or overturn of the vehicle. Such lids shall be designed and construct-
ed. so as to prevent pressure buildup which could result in an ex-
plosion. 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 by 24
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 constrasting colors
with at least 2.54 cm (l inch) high letters.
Section 2. That previous sections 9A-3 through 9A-12 should
be renumbered to 9A-5 through 9A-14; and that previous sections 9-A
14 through 9A-17 be renumbered to 9A-16 through 9A-19.
Section 3. That the City Clerk is hereby directed to publish said
ordinance as required by law.
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Ordinance Number
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PASSED, APPROV€@ AND ADOPTED by the City Counci 1 of the Ci ty of
Seal Beach al egular meeting thereof held on the cW?~~
day of' , 1980.
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STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Jerdys Weir, City Clerk of the City of Seal Beach, Ca-l:ifornia,
hereby certify that the foregoing ordinanc~.~as intro ce at a
meeti f the City Council hel d on the /-Ytf! day of 'it-M.u.
1980, an, adopted at a meeting thereof hel d on the d
of 1Vt..(, 1980 by the fo 11 owi n g vote:
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AYES: Councilme
NOES: Councilmen
ABSENT: Councilmen
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Los Angeles,
I am a citizen of the United States and a
resident of the County afQresaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
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a newspaper of general circulation, printed
and published W.~.......................
in the City of ~..~~..............
County of Los Angeles, and which
newspaper has been adjudged a newspaper
of general circulation by the Superior Court
of the County of Los Angeles, State of
California, under thedateof.~.~':i, 1911.,
Case Number ~...; that the notice,
of which the annexed is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
~~:~.1f.~~~.~..1~.....................
all in the year 19.ft.
I certify (or declarel under penalty of
perjury that the foregoing is true and
correct.
Dated at..~.:~.....................
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Signature
Fr.e copies of this blank form may be secured from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Adver.tisillQ Clearing House
'P.O. Box 31
Los Angeles, CA 90053 Telephone 625-2541
Please request GENERAL Proo'of PubllCBtlon
when ordering this form.
~
Ordinance Number
This space is for the County Clerk's Filing Stamp
Proof of Publication of
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AN ORDINANCE OF THE CITY COUNCIL OF THE CftY OF SEAL
BEACH, CALIFORNIA, CALLlNO AND OIVINO NOTICE OF THE
HOLDING OF A PRIMARY MUNICIPAL ELECTION TO BE HELD IN
SAID CITY ON TUESDAY. MARCH 25. 11ll1D. FOR THE ELECTION
OF CERTAIN OFFICERS OF SAID CITY AI REQUIRED BY THE
PROVISIONS OF THE CHARTER.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA..DOES
HEREBY ORDAIN:
Section 1. Thill pursuant to the requirementll at the Charter.of the City of
Seal Beech. Callfomla. the City Council hereby call. and orders .'Prlmary
Nominating Municipal Election to be held In said City on TU8lldIy. the 25th
day at March, 1980 lor the purpose of electing one (1) member 6J the City
Council fram Councilmanic D'ltrlcl Two for a lull term of laur years; one (1)
member of the City Council 'rom CauMdmanlc DIstrict Faur. lor a full term of
lour year.; and . City Clerk lor a lull term 01 lour years whO Ihalt be el~
at-large . .
Secttari 2. That the ballots to be used at said election shall be. both as to lorm
and matter contained herein. such as may be requlrea by law to be U88d
thereat.
Section 3. That the City Clerk of said City IS hereby authorized. 'f'8tructed. I
and directed to procure and lurnlsh any and an ofllClal ballotl, notices,
printed maller, and all SUpplies, equipment and paraphernalia thai may be
necessary In order to properly and lawlully conduct said election.
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SectIan 4. That the polls lor said election shall be open at Seven O'Clock.
A.M (7:00 A.M.) of the day of said election and shall remain Open
contrnuously from said time until Eight O'Clock, P.M. (11:00 P.M) of the
sune day when said polls shall be closed except as ptOV1didJn SectIOn 14301
of the Elections Code of the State of California.
.Sectlen 5. That In all particular, not recited In thl' Ordinance said election
. shall be held and conducted II provided by law for holding municipal
electionS In saId City.
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SeclGnl. That notice of the time and place of holding said eJectklnia hereby
given and the City Clerk I, hereby authorized. Instructed. aniI'd)n.:ted to glw
such further or ackhtlonal nollc8 of said election In lima. form end,rnannar 81
required by law. .
__._. .. ..... ....11)' ....."'" sn811 certlly to the passage and adoption of thll
Ordinance and shall cause the same to be published 88 required by law.
Sectl... 8. ThiS Ordinance shall take stleet ImmectatllY
PASSED. APPROVED. AND ADOPTEDby the City ~I of the City 01 Seal
Beach at a meeting thereof held on the 10th day 01 bacember 1979.
.' Ken Seltz
Mayor
Al1EST:
Jerdys Weir
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )
CITY OF SEAL BEACH I
COUNTY OF ORANGE
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I. Jerdys Weir, City Clerk. 01 the Colly at. SeIII B-Ch and.~-oIllclo clerk of thl!
ClIy Council 0& the Clly ct.$eIA.Beach. do hefeby cerlltfto I~e'pasaage and
adoption- ot,the tor"1lf.IidlN8nce by the City Council at a regular meeting
thereat "e1d 0A_tta' !WiIf December, 1979, by the following vale:
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AYES: Counc:llmqm&berI Gray, Laszlo, Seltz, Weir
NOES. Counclf~. -None
ABSENT' Councllrriiiftbers Kredell
Jerdys Weir
"""'-... Clly Clerk
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
...~.~..~~~~~.~..
....................................................
a newspaper of general circulation, printed
and published ....W.~K~.~.............
in the City of .~.~~~.......
County of Orange, and which news-
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange, State of
California, under the date of.1)I:L , 19 .~1,
Case Num~r A.~i'31..; that the notice,
of which the/annexed is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit: ~3
........ .~~!':':-..~ .J. .-:::'.~...:.............
, t-c:>
all In the year 19......
. ,
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct. .
, Dated at..~\.~.~.~~~
. California,tPis.~. .....dayof........, 19.....
C ._p-
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Signature
Free copl.. 01 this blank form mly be s,cured from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
210 South Spring St., Los Angeles, Calif. 90012
Telephone: 625-2141
Pie... reque.. GENERAL Proof of PubllCl'lon
when orderln. this 'orm.
Ordinance Number
This space is for the County Clerk's Filing Stamp
Proof of Publication of
......~.~..~~~~~.~.
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Paste Clipping
of Notice
SECURELY
In This Space
SUMMARY
ORDINANCE NUMBER 1077
AMENDING SEAL BEACH CITY
CODE CHAPTER IA.
. FOOD and
FOOD ESTABLISHMENTS
Ordinance Number 1077 of the City 01
Seal Beach received first reading at
the regular City CounCil meeting of
January 14, 1980. amending the Seal
Beach City Code Chapter 9A to
prOVide for regulation or mobile fOOd
preparation vehicles. Ordinance
Number 1077 Will receive second
. reachng at the City Council meeting
of January 28. 1980 at 7'CX) p.m.
CoP'elI of Ordinance Number 1077
are available In the City Cleric',
ofllce. 2.11 - 8th Street, ~I Beach,
telephone, 431.2527
Jerdys Weir, City Clerk
Ctty 01 Seal Beach
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PROOF OF PUBLICA nON
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
~r Interested in the above-entitled matter. I
am the principal clerk of the printer of the
..3?~\..~.~~..~s:?~X'.I!\~.
....................................................
a newspaper of general circulation, printed
and published ...~~.~.~.\~.........
in the City of .~~~.L~!:......~....
County of Orange, and which news-
paper has been adjudged a newspaper
of general circulation by the Superior
Court of the County of Orange, State of
California, under the date of.'Jk~, 19 ~-:T,
Case Number ~..~~'S~~.; that the notice,
of which the jannexed is a printed copy (set
in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following dates,
to-wit:
.................. .t~.~.. .~......................
all in the year 19.~
I certify (o~ declare) under penalty of
perjury that the foregoing is true and
correct. .
. Dated at.....;$f.:-'-\..~~~.......
". California,this..........dayof........, 19....,
~~.~~~.......
Signature
I
Free copies of this blank form m.y be "cured from:
CALIFORNIA NEWSPAPER SERVICE
BUREAU, INC.
Legal Advertising Clearing House
210 South Spring St., Los Angeles, Calif. 90012
Telephone: 625-2141
Please request GE N E RAL Proof of Publlclflon
when arderinq this form.
This space is for the County Clerk's Filing Stamp
Proof of Publication of
.......~~.h.~~~~..~~
Paste Clipping
of Notice
SECURELY
In This Space
SUMMARY.ORDINANCE NUMBER
1077 AMENDING SEAL BEACH
CITY CODE CHAPTER IA-FOOD
and FOOD ESTABLISHMENTS
Ordmance Number 1077 of the City of
Seal Beach received second reading
I and was adopted at the regular City
Council meeting of January 28, 1980,
amending the Seal Beach City Code
, Chapter 9A to provide lor regulallon
01 mobile food preparallon vehicles
CoPies" of Ordmance No. 1077 are
available In the City Glerk's Office,
211 - 8th Street, Seal Beach,
Telephone, 431-2527
DATED THIS 29th day of January,
1980
Jerdys Weir. City Clerk
City 01 Seal Beech
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