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Ordinance Number 235453 ORDINANCE NO. 235 AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTkaMO RELATING TO THE ISSUANCE OF PERMITS FOR AND REGULATIONS APPLICABLE TO FOOD HANDLING ESTABLISHMENTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO DOES ORDAIN AS FOLLOWS: SECTION 1. 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 behplf in case of hisabsenceor 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, buildings, 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. VENDING MACHINE BUSINESS shall mean the business of selling food or beverages by means of vending machines, regardless 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 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 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 Ordinance. Retail Food Production and Marketing Establish- ments shall not be subject to the provisions of this Ordinance. B. The food -handling establishments to which this Ordinance applies shall include, but not be limited to, any restaurant, itinerant restaurant, food vehicle, food vessel, bakery, food processing establish- ment and ice plant located in the City of San Juan Capistrano and any vending machine business operati_nq-wending machines in the City-ADf San ,Juan Capistrano regardless of the location of the facilities from which they are served. 454 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. 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 detrimental to the health of the patrons, consumers, employees or the general public. E. Nor shall a permit be granted, renewed or reinstated unless the Health Department determines that the condition of the food - handling establishment is in accordance with the requirements of all applicable provisions of the California Health and Safety Code, of j this Ordinance, 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 calendar year. Each permit shall be posted in a conspicuous place on the food -handling establish- ment or vehicle for which it is issued. G. Notwithstanding the foregoing, the provisions of this Ordinance shall not apply to roadside stands selling produce, food establishments which are open to the -outside air, or retail dairies or areas therein, in which there is displayed for sale only produce, shell eggs or packaged foods, or any two ormoreof such products. As used herein, the term "retail dairies" means (a) establishments which produce, process and sell milk to the consumer on the same premises, (b) establishments which process and sell milk to the con- sumer on the same premises, or (c) establishments where the principal business is the sale of milk and dairy products to consumers. SECTION 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 submitted to the Health Department: The Health Officer or his authorized deputy shall there- after issue here- after-issue his certificate stating what modifications, if any, he deems required for compliance with applicable laws and ordinances. SECTION 4. Building Permits. The Building Department of the City of San Juan Capistrano shall notify the Health Department when plans are receivedto-build.or remodel a food establishment. A building permit shall not be issued until the Health Department has approved the plans. SECTION 5. Sanitation Requirements. A. All food -handling establishments for which a permit is re- . quired by this Ordinance 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 janitorial sink with hot and cold running water, or other approved 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 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. - 2 - B. Violation of this Ordinance. 455 5`l C. Upon a recommendation for revocation of the permit, pending a hearing thereon. SECTION 7. Notice of Violation. When any of the aforesaid laws, this Ordinance, or rules and regulations have been violated, an inspector may serve written notice thereof entitled "Notice of Violation", specifying: A. The acts and conditionsconstitutingeach violation, 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 F. That if no hearing is requested, and if the Health Depart- ment 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 S. Hearing. The permit holder shall have the right to a hearing, on all violations listed in the notice. The permit shall, however, be sus- pended unless the Department receives from the permit holder, before 9:00 a.m. of the date specified under Section 7 (D) a written or oral request for a hearing, or notice that all violations 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 registered as pro- vided in Section 542 thereof, but shall not be the inspector who reported the violations or who inspected any corrective 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 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 violation. SECTION 9. Suspension for Refusal of Entry. It shall be a violation of this Ordinance for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the food -handling establishments described in Section 1, above, or any portion thereof; and in such event the inspector may forthwith suspend the Food Vending Permit issued for the establishment. SECTION 10. Summary Suspension. Whenever an Zinds insanitary or other conditions in the operation of any food establishment which, in his judgement, con- stitute 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 food -handling establishment stating that the permit is immediately suspended and shall set forth the substance of the suspension as pro- vided in Section 7. Any person to whom such an order is issued shall - 3 - :56 immediately comply therewith; but, upon request made to the inspector who orders the suspension, or the Health Officer or his authorized representative, either personally or by telephone 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. SE'CTIO17 71, c ^^rvision of Closina Dorn 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 power 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 -handling establishment, the owner of the food -handling establishment shall be notified of the insanitary conditions and shall be required to take such remedial action as may be necessary to �7 obviate such.condition. SECTION 12. Rules and Regulations. .The Health Officer may adopt and enforce rules and regulations necessary to administer this Article including regulations pertaining, to: A. Forms for applications, permits and notices, B. Forms and procedures for hearings upon the granting, denyimg, suspending, revoking or reinstating of permits, C. Inspections of food -handling establishments and reporting thereon. SECTION 13. Penalty. A. 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 for a period not exceeding six (6) months, or by both such fine and `imprisonment. - B. If any section, subsection, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitu- tionality of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, paragraph, sentence, clause or phrase thereof, irrespective of the fact that one or more of the sections, subsections, Paragraphs, sentences, clauses or phrases thereof be declared un- constitutional or invalid. SECTION 14. Certification. The City Clerk shall certify to the adoption of this Ordinance and cause the sfime to be published onceina newspaper of general circulation in `the City of San Juan Capistrano within fifteen (15) daysd following the passage thereof. PASSED, APPROVED AND ADOPTED this 24th day of September, 1973,- by the following vote, to wit: ATTEST: AYES: COUNCILMEN: BYRNES, CHERMAK, GAMMELL, THORPE, WEATHERS NOES: - COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE i Roy L. es, M.D., Mayor ofthe City of a Juan Capistrano