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HomeMy WebLinkAboutCC Ord 921 1973-11-26 I I I ORDINANCE NO. 9;2/ AN ORDINANCE OF THE CITY OF SEAL BEACH RELATING TO THE ISSUANCE OF PERMITS FOR AND REGULATIONS APPLICABLE TO FOOD HAND- LING ESTABLISHMENTS AND AMENDING THE CODE OF THE CITY OF SEAL BEACH. Section 1. Section 9A-l through and including Section 9A-13 of the Code of the City of Seal Beach are hereby repealed. Section 2. Section 9A-l through Section 9A-12 is here- by added to the Code of the City of Seal Beach to read as follows: Section 9A-l 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 enforcement of this Article. FOOD-HANDLING ESTABLISHMENTS shall include land, build- ing, vehicles, ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food-handling 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. ~-' I I I I Ordinance Number VENDING MACHINE BUSINESS shall mean the business of selling food or beverages by means of vending machines, re- gardless of the number of locations at which the vending machines are located. ICE PLANT, SELF-CONTAINED ICE PLANT, AND ICE DISTRIBUTOR shall be as defined in Section 4003 of the California Health and Safety Code. Section 9A-2. 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 the public consumption without first applying for and receiving a Food Vending Permit for such operation issued by the Health Department under the provisions of this Article. Retail Food Production and Marketing Esta- blishments shall not be subject to the provisions of this Article. b. The food-handling establishments to which this Article 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 Seal Beach and any vending machine business operating vending machines in the City of Seal Beach 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. l( d. No permit shall be granted, renewed or reinstated unless the Health Department determines, upon making an investigation, 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 establishment which are, or which may be, unsafe, insanitary, unwholesome or detri- mental to the health of the patrons, consumers, employees or the general public. e. Nor shall a permit be granted, renewed or rein- stated unless the Health Department determines that the condition of the food-handling establishment is in accord- ance 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 the Sections 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 cal- endar year. Each permit shall be posted in a conspicuous place on the food-handling establishment or vehicle for which it is issued. 2. I I I Ordinance Number Section 9A-3. 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, 3 copies of the plans and specifications therefore shall be sub- mitted to the Health Department. The Health Officer or his author- ized deputy shall thereafter issue his certificate stating what modifications, if any, he deems required for compliance with appli- cable laws and ordinances. Section 9A-4. Building Permits The Building Department of the City of Seal Beach shall notify the Health Department when plans are received to build or remodel a food establishment. A building permit shall not be issued until the Health Department has approved the plans. Section 9A-5. Sanitation Requirements a. All food-handling establishments for which a permit is required by this Article shall be constructed, equipped, operated and maintained so as to comply with the pertinent sections of the California Health and Safety Code. In addition, at least a single-compartment janitor- ial sink with hot and cold running water, or other approv- ed facilities shall be provided for general clean-up purposes. b. A hand lavatory shall be provided in each food preparation and packaging area for employees. Section 9A-6. Suspension of Permits A permit issued under this Article may be suspended, under the procedure set forth in Sections 7 through 10 for any of the following reasons: a. violation of State law, b. violation of this Article, c. upon a recommendation for revocation of the permit, pending a hearing thereon. Section 9A-7. Notice of Violation When any of the aforesaid laws, this Article, or rules and regulations have been violated an inspection may serve written notice thereof entitled "Notice of Violation",specifying: "a. the acts and conditions constituting each viola- tion, 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 therefore, e. that the permittee has a right to a hearing, upon request, and 3. ." I I I Ordinance Number 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 9A-8. 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 ~pecified under Section 9A-7 [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 re- gistered as provided in Section 542 thereof, but shall not be the inspector who reported the violation or who inspected any correct- ive measures taken. 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 viola- tion, 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 9A-9. Suspension for Refusal of Entry It shall be a violation of this Article 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 9A-I, above, or any portion thereof; and in such event the inspect- or may forthwith suspend the Food Vending Permit issued for the establishment. Section 9A-10. Summary Suspension. "*" Whenever an inspector finds insanitary or other con- ditions 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 hold- er or person in charge of the food-handling establishment stating that the permit is immediately suspended and shall set forth the substance of the suspension as provided in Section 9A-7. 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 the Health Officer or his authorized represen- tative, either personally or by telephone or in writing, he shall 4. ..', , I I I Ordinance Number be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request. Section 9A-ll. Supervision of Closing Down Premises When any permit is first suspended hereunder, or when any food-handling establishment governed hereby as defined in Section 2 shall have been closed for business and left in an insanitary condition, the Health Department shall have the pow- er 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-hand- ling establishment, the owner of the food-handling establishment ~ shall be notified of the insanitary conditions and shall be re- quired to take such remedial action as may be necessary to ob- viate such condition. Section 9A-12. Rules and Regulations The Health Officer may adopt and enforce rules and regulations necessary to administer this Article including regu- lations pertaining to: a. forms for application, permits and notices ~ b. forms and procedures for hearing upon the grant- ting, denying, suspending, revoking or reinstating of permits c. inspections of food-handling establishments and reporting thereon. PASSED, APPROVED, AND ADOPTED by the City C~tJI of t~ity of Seal Beach at a meeting thereof held on the 'b'- day of ",-1/AJ 1973. ~~~ MAYOR ATTEST: o y C STATE OF CALIFORNIA ) COUNTY 'OF ORANGE ) ss. CITY OF SEAL BEACH ) 5.