HomeMy WebLinkAboutORD 2024-2530 Amending Section 9.07 (Food Caterers and Catering Equipment Rentals) of the National City Municipal CodeORDINANCE NO. 2024 — 2530
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,
AMENDING SECTION 9.07 (FOOD CATERERS AND CATERING EQUIPMENT RENTALS) OF
THE NATIONAL CITY MUNICIPAL CODE.
WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated
to it by the California Constitution, has the authority to enact or amend laws which promote the
public health, safety, and general welfare of its residents; and
WHEREAS, pursuant to the terms and provisions of the Government Code of the State of
California, proceedings were duly initiated for the amendment of the National City Municipal Code;
and
WHEREAS, staff is suggesting an amendment to Chapter 9.07 to address food vending
covered under the existing Department of Environmental Health and Quality (DEHQ) permitting
framework with the intent to allow smaller service businesses such as bars and markets that do
not have kitchens to offer limited food sales on the property; and
WHEREAS, pursuant to a published 10-day notice of the adoption of said ordinance, a
public hearing was held by the City Council on April 16, 2024, and at said public hearing, all
persons interested were given the opportunity to appear and be heard before the City Council.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1: The City Council of the City of National City hereby amends Section 9.07
(Food Caterers and Catering Equipment Rentals) to read as follows:
Chapter 9.07 FOOD CATERERS AND CATERING EQUIPMENT RENTALS
9.07.010 Definitions.
Whenever in this article, the following terms are used, they shall have the meanings
respectively ascribed to them in this section:
A. "Caterer" means a business, which prepares food for a catering function for events such
as, but not limited to, picnics, weddings, banquets, parties, gatherings.
B. "Catering vehicle" means a vehicle upon which food; beverages and related service
equipment are transported related to a catering function.
C. "Catering function" means any event where a caterer provides food for a person or
persons at other than an existing health regulated establishment. A catering function shall
not include those functions that are conducted by persons engaged or employed in youth
organizations, churches, church societies, private clubs or other nonprofit associations of
a religious, philanthropic, civic improvement, youth development, social, political, or
educational nature which purchase food, food products, or beverages, for service without
charge to their members or to the general public at fund-raising events, for consumption
on or off the premises at which the food, food products, or beverages are served or sold,
if the service or sale of such food, food products or beverages does not constitute a
primary purpose or function of the club or association, and if no employee or member is
assigned full-time to care for or operate equipment used in such an arrangement.
D. "Catering equipment rental establishment" means an establishment that provides food
service utensils such as dishes, tableware, pots and pans to caterers or to the public but
does not provide catering services.
E. "Department" means the San Diego Department of Environmental Health and Quality.
F. "Direct -sales catering" means any catering where food is sold or served to individual
consumers as members of the public (i.e., all catering other than private event catering).
G. "Catering host facility" means a fixed facility established and regularly operated for
purposes other than food service.
9.07.020 Application of legislation.
The provisions of Division I, Title 6, of the San Diego County Code of Regulatory
Ordinances and the California Retail Food Code (CRFC) relative to food handler training and the
preparation and distribution of food are hereby made applicable to caterers and caterer
operations.
9.07.030 Health permits and fees.
Persons operating as caterers and catering equipment rental establishments are
considered to be operating a health -regulated establishment and are subject to public health
permit requirements as specified in the San Diego County Code of Regulatory Ordinances. Such
persons shall pay the permit fees prescribed for restaurants in Section 9.04.170 of this code and
shall be subject to penalties for delinquent fee payment as set forth in Section 65.104 and 65.105
of the San Diego County Code of Regulatory Ordinances.
9.07.040 Notification of catering events.
When requested by the Director of Environmental Health of San Diego County, caterers
shall notify the department of the time, date and location of each catering function in a manner
specified by the department.
9.07.050 Potentially hazardous foods.
All potentially hazardous foods as defined in Section 113871 of the Califomia Retail Food
Code that are stored, held, transported or served by a caterer must be protected from
contamination and kept at temperatures as required by the California Retail Food Code.
9.07.060 Toilet facilities.
Adequate toilet and handwashing facilities, as determined by the deputy director of
environmental health services, must be reasonably available in the vicinity of any location where
food is prepared or served. 9.07.070 Catering vehicles.
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No person or company shall operate or cause to be operated a catering vehicle without
complying with the following:
A. Such person or company shall have a valid health permit as required by Section 61.104
of the San Diego County Code of Regulatory Ordinances.
B. Foods and food containers shall be carried in compartments with cleanable interior
surfaces.
C. Vehicles shall be maintained in a clean condition.
9.07.080 Catering equipment rental establishment.
No person or company shall operate or cause to be operated, a catering equipment rental
establishment without complying with the following:
A. All food service equipment shall be stored in a building that meets the requirements of the
California Retail Food Code.
B. All food service equipment such as dishes, glasses, tableware, pots and pans shall be
cleaned and sanitized by methods prescribed in the California Retail Food Code.
9.07.090 Direct -sales catering.
9.07.090 Direct -sales catering.
No person or entity shall engage in direct sales catering without complying with the
following:
A. Direct sales catering is only allowed at a permitted catering host facility that meets the
requirements of section 61.306 of the San Diego County Code of Regulatory Ordinances
at the time the catered food is served.
B. Direct -sales catering food service may only occur at a permitted catering host facility that
meets the requirements of section 61.307 of the San Diego County Code of Regulatory
Ordinances at the time the catered food is served.
C. All catering host facilities shall obtain appropriate permits as required by section 61.303
of the San Diego County Code of Regulatory Ordinances.
D. No required parking spaces or access to the same shall be blocked or impeded in any
way by direct sales catering activity.
E. A City business license shall be required for the entity engaged in direct -sales catering
(separate from the licensed business premises).
F. No alcohol may be sold or served by any direct -sales caterer.
9.07.100 Satellite Food Service.
No person or entity shall conduct satellite food service operations without complying with
the following:
A. All satellite food service operations shall obtain appropriate permits as required by the
California Retail Food Code and the Director of Environmental Health of San Diego
County.
B. No required parking spaces or access to the same shall be blocked or impeded in any
way by direct sales catering activity.
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C. No alcohol may be sold or served by any satellite food service operations unless
approved by a Conditional Use Permit.
Section 2: This Ordinance shall take effect and be in force thirty (30) days from the
date of its passage, and before the expiration of fifteen (15) days after its passage, it or a
summary of it, shall be published once, with the names of the members of the City Council voting
for and against the same in the Star News, a newspaper of general circulation published in the
County of San Diego, California.
Section 3: The City Clerk shall certify to the adoption of this Ordinance and shall
publish in accordance with the law.
INTRODUCED at a regular meeting of the City Council of the City of National City, held on
this 16th day of April, 2024.
PASSED and ADOPTED this 7th d of May, 2024.
n Morrison, Mayor
ATTEST: •
fShellehapel, MMC, City Clerk
APPROVED AS TO FORM:
Barry J. Sc
City Attorney
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Passed and adopted by the Council of the City of National City, California, on May 7,
2024 by the following vote, to -wit:
Ayes: Bush, Molina, Rodriguez, Yamane, Morrison
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: Ron Morrison
Mayor of the City of National City, California
Shelley Chapel
City Clerk of the
City of National City, California
By:
HEREBY CERTIFY that the foregoing Ordinance was not finally adopted until seven
calendar days had elapsed between the day of its introduction and the day of its final
passage, to wit, on April 16, 2024 and on May 7, 2024.
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 member of the Council and the public prior to the day of its
passage a written or printed copy of said Ordinance.
FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2024-2530 of the City Council of the City of National City, passed
and adopted by the Council of said City on May 7, 2024.
Shelley Chapel
City Clerk of the
City of National City, California
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PA City