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HomeMy WebLinkAboutCC ORD 1987-1905 REPEALING ORDINANCE NO.1881 AND ADDING CHAPTER 9.06 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO FOOD VENDING VEHICLESfollows: ORDINANCE NO. 1905 AN ORDINANCE OF THE CITY OF NATIONAL CITY REPEALING ORDINANCE NO. 1881, AND ADDING CHAPTER 9.06 TO THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO FOOD VENDING VEHICLES BE IT ORDAINED by the City Council of the City of National City as Section 1. Chapter 9.06 is hereby added to the National City Municipal Code, to read as follows: CHAPTER 9.06 FOOD VENDING VEHICLES Sections: 9.06.010 Food vending vehicles - Definitions 9.06.020 Food vending vehicles - Restrictions near elementary school facilities 9.06.030 Food vending vehicles - Parking and stopping regulations 9.06.040 Application of regulations 9.06.050 Refrigeration 9.06.060 Certificate and indentification 9.06.070 Non -transferable Permits 9.06.080 Food vending vehicles - Cleanliness required - Inspection - Certification 9.06.090 Unprepared food vending vehicles - Regulations 9.06.100 Prepared food vending vehicles - Regulations 9.06.110 Mobile food preparation units - Regulations 9.06.120 Restriction on vehicle use 9.06.130 Authority to arrest 9.06.140 Responsibility for violations 9.06.010 Food vending vehicles - Definitions. Whenever in this chapter the following terms are used they shall have the meanings respectively ascribed to them in this section: A. "Prepared food vending vehicle" means a food vending vehicle from which any food or beverage product is sold, given away, displayed or offered for sale, at retail, other than an unprepared food vending vehicle. B. "Unprepared food vending vehicle" means a food vending vehicle from which is sold, given away, displayed or offered for sale, at retail, any raw or unprepared food or food product including, but not limited to, fruits, vegetables, produce, meats, fish, poultry or seafood. C. "Mobile food preparation unit" means any vehicle or portable food service unit upon which food is prepared for service, sale, or distribution at retail. A mobile food preparation unit shall be considered a food vending vehicle for purposes of this chapter. D. A food vending vehicle may have more than one designation pursuant to this section. A vehicle with multiple designations must comply with all applicable provisions of this chapter and state law. 9.06.020 Food vending vehicles - Restrictions near school facilities. No person shall stop or park a food vending vehicle on a public street within 500 feet of any school property boundary in the City of National City between the hours of 7:00 a.m. and 4:00 p.m. on regular school days. 2 9.06.030 Food vending vehicles - Parking and stopping regulations. No person shall stop or park a food vending vehicle on a public thoroughfare for the purpose of preparing, selling, giving away, displaying or offering for sale any food or beverage product except for a period of time, not to exceed ten minutes, sufficient to consummate an immediate sale or sales. No person shall stop, park or cause any food vending vehicle to remain on any public property except pursuant to the order of a lawful authority or for the purpose of making emergency repairs to the vehicle; in no event shall any person sell or give away any food or beverage product from a food vending vehicle while on any public property other than a thoroughfare. No person shall stop, park or cause a food vending vehicle to remain on any private property for the purpose of selling, giving away, displaying or offering for sale any food or beverage product to any person other than the owner of such property or his agents, customers or employees. 9.06.040 .Application of regulations. The provisions of this chapter and of State laws and regulations relative to health and sanitation apply to food vending vehicles, including mobile food preparation units. 9.06.050 Refrigeration. No person shall operate, or cause to be operated, a food vending vehicle upon which are carried cold perishable foods unless it is furnished with mechanical refrigeration equipment, in good working order, sufficient to maintain perishable food and beverage products at a temperature not in excess of 45 degrees Fahrenheit, except that frozen perishable foods may be refrigerated with dry ice. 9.06.060 Certificate and identification. No person shall operate or cause to be operated a food vending vehicle that does not display a valid certificate of inspection, or that does not display on each exterior side of the vehicle, in letters not less than four inches high, the name of the owner or the fictitious name under which he operates, the business address and telephone number of the owner, and the distinctive identifying number or symbol assigned to the vehicle by the County Department of Health Services. Such lettering shall be permanently affixed to the vehicle by painting, decal or other method approved by the Department of Health Services. The name displayed on the sides of the vehicle shall correspond to the name that appears on the operator's city business license. 3 9.06.070 Non -transferable Permits. Each driver, and in the case of mobile food preparation units, each cook, shall obtain a non -transferable permit from the finance de artment. Said P permit shall be displayed in a conspicuous place in or on the food vending vehicle during business hours. Application for driver's permits shall be made upon forms to be furnished by the Finance department. The applicant shall file with his application two recent photographspp (two inches by two inches in size) , one to be filed with the application, and one to be permanently attached to his permit. Each applicant shall pay a nonrefundable fee of thirty dollars upon applying for a permit. Said permit shall be in addition to the business license required by Title 6 of this Code. 9.06.080 Food vending vehicles - Cleanliness required - Inspection - Certification. The interior and the exterior of every food vending vehicle and all equipment therein shall have smooth, washable surfaces and shall be maintained in good repair and in a sanitary manner. Each food vending vehicle, other than mobile food preparation units, shall be inspected at least semi-annually by the Health Officer. Food vending vehicles shall be loaded and ready for operation at the time of inspection. A certificate of inspection, valid for six months, shall be issued to food vending vehicles conforming to the requirements of this code. The certificate of inspection shall specify the food products which may be sold. 9.06.090 Unprepared food vending vehicles - Regulations. No person shall operate or cause to be operated an unprepared food vending vehicle without complying with all of the following regulations: A. All tools, implements and receptacles shall be kept in a clean and sanitary condition. B. Sufficient fly -tight containers, of metal or some other approved substance, shall be provided for the disposal of trimmings and refuse and shall be emptied and washed daily. C. No fish, poultry or other animal shall be cleaned in a food vending vehicle nor shall the entrails of any fish, poultry or other animal be there removed. No fish, poultry, meat or meat products shall be cut, processed or otherwise prepared in a food vending vehicle. D. Scales and other weighting devices shall be protected from dust, dirt, flies and other vermin and contaminants. E. Every unprepared food vending vehicle shall be inspected at least semi-annually on dates scheduled by the Health Officer or more often if the Health Officer so requires. The vending vehicle shall be fully loaded and ready for operation at the time of such inspection. The Health Officer shall issue a certificate of inspection if his inspection discloses that the vehicle conforms to the requirements of this code and other applicable laws. The certificate of inspection shall expire six months from and after the date of its issue, and shall specify the particular food and beverage products authorized to be sold or otherwise distributed from the vehicle. F. Every unprepared food vending vehicle shall be screened or otherwise enclosed in a manner approved by the Health Officer. G. Every unprepared food vending vehicle shall establish a headquarters which shall be used only for cleaning the vehicle, and storage of food products to be sold or distributed from the vehicle. 9.06.100 Prepared food vending vehicles - Regulations. No person shall operate or cause to be operated a prepared food vending vehicle without complying with all of the following requirements: A. Such person shall establish a service room which meets all of the requirments of the Health Officer. The service room shall be used for the preparation and/or temporary storage of food and beverage products prior to the delivery thereof to a food vending vehicle. Prepared food vending vehicles shall be stocked only at and with food and beverage products prepared or stored at the service room. No food or beverage product shall be sold or otherwise distributed from a prepared food vending vehicle unless such product was prepared in a service room, a mobile food preparation unit complying with this chapter, a food establishment, for either of which a valid permit is held, or in some other sanitary location appropriate for such preparation which is regularly inspected by some recognized health department inspection service approved by the Health Officer. Food or beverage products not prepared in such service room, mobile food preparation unit, or establishment shall be stored at a service room prior to delivery to the food vending vehicle. 5 B. All prepared food, not including coffee or hot water, sold, given away, bartered, or distributed from a food vending vehicle, other than a mobile food preparation unit, shall be packaged at a service room or other fixed location approved by the Health Officer. C. All readily perishable foods, as defined by Section 28648.5, California Health and Safety Code, shall meet the following requirements: 1. No such product shall be sold more than 72 hours after preparation. 2. All such products, except those prepared in a mobile food preparation unit, at the time of preparation, shall be clearly marked with the last date the food may be sold. 3. Dairy products may not be sold beyond the quality assurance date on the package. However, readily perishable food which are frozen at the time of preparation may be sold beyond the 72-hour interval, provided handling of such frozen food is approved by the Health Officer. The date of heating such frozen foods must be affixed to the package at the time of heating and such package may not be sold after said date. D. Every prepared food vending vehicle shall be inspected, on dates scheduled by the Health Officer, as often as he deems such inspections to be necessary. The vending vehicle shall be fully loaded and ready for operation at the time of such inspection. The Health Officer shall issue a certificate of inspection if his inspection discloses that the vehicle conforms to the requirements of this code. E. All foods found not to be in conformance with the provisions of this section shall be quarantined by the Health Officer. Foods under quarantine shall be disposed of by the permittee in a manner approved by the Health Officer. 9.06.110 Mobile food preparation units - Regulations. In addition to the regulations applicable to mobile food preparation units and commissaries servicing mobile food preparation units set forth in Articles 10 and 10.1 of Title 17 of the California Administrative Code, mobile food preparation facilities and commissaries servicing such units, and operation of such units shall comply with the following requirements: A. Mechanically refrigerated display cases shall be provided for all perishable foods on display for sale in said mobile food preparation units. B. Vehicle ambient air temperature shall be maintained in each work area to provide reasonable comfort consistent with standards of the restaurant industry for the nature of the process and the work performed. If excessive heat or humidity is created, the owner or operator of the mobile food preparation unit shall make all feasible means to reduce such excessive heat or humidity to a degree providing reasonable comfort. C. Mobile food preparation units shall be equipped with adequate seats with backrests for all employees to be transported in such units. Said seats shall be properly secured in place. Seats shall be not less than fifteen (15) inches or more than nineteen (19) inches above the floor, at least ten (10) inches deep, and at least eighteen (18) inches wide. The backrests shall extend to a height at least thirty-six (36) inches above the floor. All persons being transported in a mobile food preparation unit shall be seated in said seats while the unit is in motion. D. Each mobile food preparation unit charged fire extinguisher in good advised of the location of the instructed in its operation. shall be equipped with a fully condition. Drivers shall be type of extinguisher used and E. All cutting tools or tools with sharp edges carried in a mobile food preparation unit shall be placed in covered boxes or containers while the unit is in motion, and all other tools and cooking equipment shall be secured to the body of the vehicle while the unit is in motion. Tools with cutting edges protected by scabbards or similar guards shall be considered as being in containers. F. An alternate means of exit, other than the main exit door, shall be provided in the exterior wall and in the roof of the vehicle with unobstructed passages to the outside. Such passage shall be at least twenty-four (24) inches by twenty-four (24) inches. The alternate means of exit shall have an interior latching mechanism which shall be operated by hand without special tools or key. Such exits shall be labeled "Safety Exit" in contrasting colors with letters at least one (1) inch high. G. All loads carried in a mobile food preparation unit shall be secured against dangerous displacement either by proper piling or securing in a manner as to prevent shifting, toppling or otherwise becoming unstable. H. No cooking or food preparation shall be done while the mobile food preparation unit is in motion. I. A headquarters shall be established for all mobile food preparation units, and said units shall be stored at such headquarters when not in use. J. The storage area shall be equipped with an electrical outlet to provide auxiliary power for refrigeration units on each mobile preparation unit. K. The headquarters parking area for mobile food preparation units shall be paved with a paving material such as concrete or asphalt. The surface of the paving shall slope to drain and shall not pond water. Said surface shall be kept in good repair. The storage area shall contain a liquid waste dump station, and there shall be installed a concrete apron surrounding the waste receptor for a distance of ten (10) feet in each horizontal direction sloping to the drain. L. Waste water shall not be permitted to flow into the street from the headquarter's parking area. M. An approved waste dump station shall be provided at each headquarters. Mobile food preparation units shall dispose of liquid waste only at the approved waste dump station. N. Lights shall be provided for the parking area to provide at least two (2) foot-candles of illumination when measured thirty (30) inches above the pavement. O. Mobile food preparation units which do not properly control food temperature, which lack running water, which have a defective liquid waste collection tank or which otherwise are unable to operate in a sanitary manner so as to pose an immediate danger to the public health may be removed from operation by order of the Health Officer or his designated representative. P. The Health Officer shall be granted access to inspect mobile food preparation units during operating hours and at the headquarters during hours of loading, food preparation, and cleaning. Q. Operators of mobile food preparation units shall provide the Health Officer with the itinerary for each unit and shall notify the Health Officer of any changes within twenty-four (24) hours. R. All mobile food preparation units shall bear an insignia of approval or other proof of approval issued by the State of California to indicate compliance with all applicable laws and regulations of the State of California. S. All mobile food preparation units shall be inspected at least four times per year by the Health Officer. Mobile food preparation units shall be loaded and ready for operation at the time of the inspection. A certificate of inspection, valid for three months, shall be issued to mobile food preparation units conforming to the requirements of this code. The certificate of inspection shall specify the food products which may be sold. 9.06.120 Restriction on vehicle use. Food vending vehicles shall be used for no purpose other than those purposes permitted by this Chapter, unless the Health Officer has approved in writing some other proposed use of such vehicle. 9.06.130 Authority to arrest. The Health Officer and any officer or employee designated by him is hereby authorized to arrest a person without a warrant whenever he has reasonable cause to believe that the person to be arrested has committed a misdemeanor in his presence which is a violation of any statute, ordinance, or regulation relating to the operation of mobile food preparation units which the Health Officer or such officer or employee has the duty to enforce, including but not limited to provisions of the State of California Health and Safety Code, provisions of the California Administrative Code, and all City ordinances relating to mobile food preparation units. In any case in which a person is arrested pursuant hereto and the person arrested does not demand to be taken before a magistrate, the public officer or employee making the arrest shall prepare a written notice to appear and release the person on his promise to appear, as prescribed by Chapter 5C (commencing with Section 853.6) of the Penal Code. The provisions of said Chapter 5C shall thereafter apply with reference to any proceeding based upon the issuance of the written notice to appear. Authority to arrest is granted in accordance with Penal Code Section 836.5. 9 9.06.140 Responsibility for violations. The owners, managers or operators of any food vending vehicle are responsible for the violation of any provision of this Chapter by their servants, agents or employees. Section 2. Ordinance No. 1881 is hereby repealed. PASSED and ADOPTED this 2# ' day of ATTEST: Ione Campbell, City Clerk APPROVED AS TO FORM: George H. Eiser, III - City Attorney 1987. George Waters, Mayor - 10 - Passed and adopted by the Council of the City of National City, California, on 3-24-87 by the following vote, to -wit: Ayes: Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen AUTHENTICATED BY: Cooper, Dalla, Pruitt,'\TanDeventer, Waters None None None GEORGE H. WATERS Mayor of the City of National City, California City Clerk of the City of National ity, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar days had elapsed between the days of its introduction and the days of its final passage, to wit, on 3.-17--8,7 and on .3--24 -87 I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than a majority of the members elected to the Council and that there was available for the consideration of each mem- ber of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a full, true and cor- rect copy of ORDINANCE NO. 19o5of the City of National City, passed and adopted by the Council of said City on 3-24-87 (Seal) City Clerk of the City of National City, California By: Deputy