HomeMy WebLinkAboutCC Ord 666 1965-08-16
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ORI lNAL 0;: ICIAL COpy 11/
Nell ;0 C:: TAI<~N 1= OM ORDINANCE NO. t?~(p
THE CITY CLERK'S OFFICE ~ ~ n
2 AN OR INANCE OF THE CITY OF &; ~R6-::--
' NG TO 'mE ISSUANCE OF 1". S OOD
, 3 HANDLING BUSINESSES, AND PROVIDING A PENALTY
FOR THE VIOLATION THEREOF.
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The City Council of the City of 9, R IOI~
as follows:
does ordain
FOOD HANDLING BUSINESSES
SECTION 1. 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 Sections 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 Offic9r or any deputy health officer authorized
to inspect premises or equipment for the enforcement of this
Ordinance.
PREMISES shall include vehicles subject to the provisions
of this Ordinance. and equipment installed or used in food estab-
lishments. or in such vehicles.
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SECTION 2. Permit reClUired; conditions and term.
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(a) It shall be unlawful for any person or other legal entity
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to ope~ate, within the City of &t>Q. ~,d.. , , any
prepared or
business in which food is~ervedlfor public consumption upon
the premises or elsewhere, or any food processing or manufacturing
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plant, or any store or facility for the retail or wholesale
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distribu~ion of foods or beverages, without having a Food
Vending Permit for such operation issued by the Health
Departmen~ under the provisions of this Ordinance.
(b) Th~places of business for which such permits are
required shall include, ~ut shall not be limited to, any
restaurant, cafe, lunch counter, cafeteria, soda fountain,
ice cream parlor, soft drink stand, fruit and vegetable
stand, grocery, meat market, bakery, popcorn or peanut
vehicle
stand, bottling plant. wholesale warehouse,Aand businesses
which service vending machines located in the City of
S~Q. \Q-'2.~Q.A,- . regardless of the location
of the facilities from which they 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
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and sold in sealed containers. nor to vehicles engaged in
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the delivery of food products to wholesale or retail estab-
lishments for resale.
(d) No permit shall be granted. renewed or reinstated
unless,the Health Department dete~ines that the condition
'of the premises is in accordance with the requirements of
applicable provisions of the Health and Safety Code, of
this Ordinance, and of all rules and regulations promul-
gated under-- Section 5 below. 'and that said premises are
equipped so as to be capable of bking operated in accordance
therewith.
(e) Permits may be granted at any time during the year,
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but all permits shall expire at the end of the "'1-,'--" I!'
(fiscal) year. Each permit shall be posted in a conspicuous
place on the premises or vehicle for which it is issued.
SECTION 3. Business license withheld.
Whcn a new business, of a kind which is required by
ordinance to have a business license as well as a Food
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Ordinance Number
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1 Vending Permit hereunder, applies for such business license,
2 it shall not be issued until the Health Department and the
,_ 3 City 'Building and Safety Department have inspected and
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4 approved the premises and a Food Vending Permit has been
6 issued.
8 SECTION 4. Construction, conversion and alteration.
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Prior to construction. conversion or alteration of a
building for use as a food establishment, or construction or
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purchase of a model of vehicle not previously under permit to
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any person in the City, two copiel! of the plans and specifi-
cations therefor shall be submittJd to the Health Department.
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The Health Officer or his authori~ed deputy shall thereafter
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issue his certificate stating what modifications, if any. he
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deems required for compliance wit~ applicable laws and ordi-
nances. I
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SECTION S. Rules and regulations.
The Health Officer shall have the power to adopt and
enforce rules and regulations intJrpreting and applying, in
specific situations, the provisioJs of all applicable State and
local
(a)
laws and of this ordinance, including those relating to:
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Preparation, distribution and serving of wholesome, safe
22 and sanitary food and drink.
23 (b) Sanitary design and construction of new or remodeled
24 buildings.
25 (c) Sanitary design and construction of food service equipment
28 and utensils.
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(d)
(e)
(f)
(g)
(h)
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manner.
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Required equipment and utensils.
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Washing and sanitizing of eating and drinking utensils.
Safe and sanitary food handling practices.
Protection of food from contamination and spoilage.
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Provision of adequate toilet and handwashing facilities.
Maintenance of the building! and premises in a sanitary
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Ordinance Number
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(j) Safe water supply and sanitary sewage disposal.
(k) Exclusion and control of rodents, insects and other
vermin.
(1) Personal health and hygiene of employees.
(m) Forms for applications, permits and notices.
(n) Forms and procedure for hearings upon the granting,
denying, suspending, revoking, or reinstating of permits.
'(0) Inspections of premises, reporting thereon, and the
issuance of criminal complaints.
SECTION 6. Suspension of permits.
A permit issued under this Ordinance or its predecessor may
be suspended, under the procedure set forth in Sections 7 through
11. for either of the following: (a) for any violation of State
law, of this Ordinance, or of the rules and regulations mentioned
above, or (b) upon a recOllllllendation for revocation of the permit,
pending a hearing thereon.
SECTION 7. Notice of violation.
Upon receiving evidence of or observing a violation of said
laws, this Ordinance, or said rules, an inspector may serve
written notice thereof entitled "Notice of Violation". specify-
ing:
(a) The acts and conditions constituting each violation.
(b) The prOVision or provisions violated thereby.
(c) The corrective steps requipld.
(d) The date by which all such corrections must be completed,
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, the permit will be suspended from that time until such
violations are corrected.
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SECTION 8. Hearing.
The permit holder shall have the right to a hearing, on
all violations listed in the notice, as to the facts, the
meaning and applicability thereto of the provisions violated.
the reasonableness of the correction period allowed, and
whether or not any corrective measures taken were sufficient
to comply with said provisions.
The permit shall be suspended unless the Department receives
from the permit holder. before 9:00 A.M. of the specified date
for suspension. a written or oral request for a hearing. or
notice that all violations have been corrected as specified.
The hearing shall be held by a hearing officeJ; who shall
be 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
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who inspected any corrective measures taken.
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The hearing officer shall make written findings of fact and
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
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violation.
SECTION 9. Revocation for repeated violations.
If there shall have been three or more Notices of Violation
issued within the previous year as to the premises in question
as provided in Section 7, and not overruled upon hearing. the
order of the hearing officer or, if no hearing is held, of the
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inspector, who is responsible for the third such notice, shall
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Ordinance Number
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1 recommend to the Health Officer whether or not the permit
2 shall be revoked as provided below. If it is so recommended,
I 3 the permit may be ordered suspended forthwith, pending the
4 hearing on such proposed revocation.
5 Upon such a recommendation for revocation by the hearing
8 officer, the permit in question may be revoked by the Health
7 Officer after hearing, upon his finding that such violations
8 were serious enough and showed such lack of responsibility
9 towards the public health as to require such revocation to
10 protect the public health.
11 SECTION 10. Suspension for refusal of entry.
12 It shall be a violation of this ordinance for any person
13 to deny or hinder entry by any inspector for the purpose of
14 inspecting any of the premises described in Section 2, above,
or any portion thereof; and in such event the inspector may
18 forthwith suspend the Food Vending Permit issued for the
17 premises.
18 SECTION 11. Summary suspension.
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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 7 above, except that instead of the matter specified
under (f), it shall state that the permit is immediately dis-
continued and shall set forth the substance of the following
sentence. Any person to whom such an order is issued shall
immediately comply therewith; but'l upon request made to the
inspector who orders the suspension, or to the Health Officer
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or his authorized representative, either personally or by tele-
phone 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.
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SECTION 12, Supervision of closing down premises,
When any permit is first suspended hereunder, or when any
premises governed hereby as defined in Section 2 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
shall be responsible for doing so.
SECTION 13, Penalty,
Any person violating any of the provisions of this Ordinance
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 imprisonment
in the county jail for a period not exceeding six (6) months, or by
both such fine and imprisonment,
SECTION 14, This Ordinance shall take effect thirty days from and
after the date of its adoption,
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Mayor
ATTEST:
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City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SEAL BEACH )
I, F, W. Hickman, City Clerk of the City of Seal Beach, do hereby
certify to the passage and adoption of the foregoing ordinance at
a regular meeting of the City Council of the City of Seal Beach
held on the 16th day of August, 1965, by the following vote:
AYES: Councilmen ~Aftz.N~ an..tI~~ ~no-~ ~z..L-d:rH!R,
NOES: Councilmen ~~~ '
ABSENT: Councilmen ~ ~n ..~
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CITY CLERK