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Ordinance Number 394ORDINANCE NO. 394 ISSUANCE OF PERMITS FOR AND REGULATION OF - FOOD HANDLING ESTABLISHMENTS AN ORDINANCE OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, RELATING TO THE ISSUANCE OF PERMITS FOR REGULATIONS APPLICABLE TO FOOD HANDLING ESTABLISHMENTS AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF AND AMENDING ORDINANCE NO. 235 THE CITY COUNCIL OF THE CITY OF SAN JUAN CAPISTRANO, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1 Additional Definitions. The following definitions are hereby added to Section 1 of Ordinance No. 235: "MOBILE FOOD PREPARATION VEHICLE shall mean any vehicle or portable food service unit upon which food is cooked, wrapped, packaged, processed, or portioned for service, sale or distribution. "PREMISES shall include land, buildings, vehicles and ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or sold, and also equipment installed or used in food establishments or on such premises. "VENDING MACHINE shall be as defined in Section 28525 of the California Health and Safety Code. SECTION 2. Amendment to Section 2. Section 2, Subsection C., of Ordinance No. 235 is hereby amended to read as follows: 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 character and location of the activity for which a permit is required under this Ordinance and such other information as the Health Department may require. Applicants for a permit to operate a mobile food preparation vehicle shall, in addition, provide a list of three service stops which shall include the address or exact location and time of each stop. A revised list shall be submitted whenever changes occur." A new Subsection F.1., is hereby added to Section 2 of Ordinance No. 235 to read as follows: "F.l. Any permit previously issued to a mobile food 1, preparation vehicle shall be suspended beginning 90 days after the effective date of this Ordinance unless the permittee presents such vehicle to the Health Department and the Health Department certifies that such vehicle is in full compliance with the applicable requirements of Sections 2.A and 2.B as well as all other applicable provisions of the -1- 3 2 0 Health and Safety Code and of this Ordinance. The Health Officer may grant an extension of time for compliance with the aforesaid requirements of Sections 2.A and 2.8, if he finds that the applicant has made a good faith effort to comply but cannot do so for reasons beyond his control, such as inadequate capacity of equipment fabrication contractors. In such instances the applicant shall present a written request for an extension documenting the steps already undertaken, the reasons compliance cannot be achieved within the prescribed time period, and a timetable for full compliance. Extensions shall not be granted for compliance with the requirements of Section 2.B(b) concerning the design and construction of lids for deep fat fryers." SECTION 3. Addition of New Section 2.A. A new Section 2.A is hereby added to Ordinance No. 235, to read as follows: "SECTION 2.A. Mobile Food Preparation Vehicles. "In addition to all other applicable provisions of the Health and Safety Code and of this Ordinance, mobile food preparation vehicles shall comply with the following requirements: "(a) Compressors, auxiliary engines, generators, batteries, battery chargers, gas -fueled water heaters, and similar equipment shall be installed so as to be accessible only from the outside of the vehicle. "(b) All equipment installed in any part of the vehicle shall be secured so as to prevent movement during transit and to prevent detachment in the event of a collision or overturn. "(c) All equipment installed within the interior of the vehicle, including the interiors of cabinets or compartments, shall be constructed so as to be free of sharp or jagged edges. "(d) All utensils shall be stored so as to prevent their being hurled about in the event of a sudden stop, collision or overturn. A safety knife holder shall be provided to avoid loose storage of knives in cabinets, boxes, or slots along counter aisles. Knife holders shall be designed to be easily cleaned and be manufactured of materials approved by the Health Officer. "(e) Ceiling light fixtures shall be recessed or flush -mounted and sealed and shall be equipped with safety covers approved by the Health Officer. The minimum clearance from the floor to the light fixture shall be at least 188 cm (76 inches) or the fixture shall be installed out of the traffic aisle or work area. "(f) High voltage (110-220 v) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within junction, outlet, or switch as to prevent the use of extension cords exceeding 183 cm (6 feet). Outside electrical connection receptacles shall be of weatherproof design with cover. -2- "(g) Attached, firmly anchored seats with backrests, equipped with seat belts, shall be provided for all occupants. If a jump seat in the aisleway is utilized, it shall fold in a manner that will clear the aisleway when not in use and be held with a self -latching mechanism. Seats and backrests shall be at least 35.5 cm x 35.5 cm (14 inches x 14 inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the vehicle is in motion. Signs setting forth the latter three (3) requirements shall be posted in both English and Spanish. "(h) A first aid kit approved by the Health Officer shall be provided and located in a convenient area in an enclosed case. All pressure cylinders shall be securely fastened to a rigid structure of the vehicle. All liquefied petroleum gas (LPG) equipment shall be installed as follows: "(1) The LP -gas tanks and relief valves shall be ASME-approved for intended use. "(2) Tanks shall be securely fastened and located where they will normally not be subject to damage. They may be in a body compartment or underneath the body. The tank or fittings must not protrude beyond the body. "(3) Tanks and regulators shall be separated from any open flame by a vapor -tight partition. "(4) When tanks are installed in a body compartment, the partitiions shall be sealed off from the rest of the body with no openings to the interior except for the tubing. The following additional requirements shall be met: "a. All tank valves and fittings shall be readily accessible from outside the vehicle. "b. The tank safety relief valve shall be vented to the outside and directed downward. "c. The filling shall be done through an outside door to the compartment. "d. The compartment shall be vented to the exterior of the vehicle so as �to prevent accumulation of gas. "(5) Tubing that passes through partitions shall be protected by grommets made of rubber or other approved materials. "(6) Tubing exposed to friction shall be protected against chafing. "(7) Expansion and contraction bends shall be made in the tubing between the tank and the appliance. -3- 11(8) ASME-approved LP -gas tubing or standard weight pipe shall be used throughout. 11(9) Protective "thread" caps shall be installed on fill -line check valves. "(10) Every appliance fueled by LP -gas shall be provided with an ASME-approved device which will automatically shut off all gas to the appliance if the pilot light should be extinguished. (j) A minimum 5 B.C.-rated portable fire extinguisher (UL or State Fire Marshall -approved design) shall be installed in plain sight and within easy reach, immediately inside the front driver's door. The extinguisher shall be replaced or recharged after each use." SECTION 9. Addition of New Section 2.B. A new Section 2.B is hereby added to Ordinance No. 235, to read as follows: "SECTION 2.B. Mobile Food Preparation Vehicles; Additional Requirements. "In addition to the requirements specified in Section 2.A above, mobile food preparation vehicles, which operate at more than one location in any calendar day, shall comply with the following additional requirements: "(a) Coffee urns shall be installed in a compartment that will prevent excessive spillage of coffee in the interior of the vehicle in the event of a sudden stop, collision, or overturn, or, as an alternative to this requirement, coffee urns shall be equipped with positive closing lids as well as perforated metal protective sleeves on the glass liquid level sight gauges. "(b) Deep fat fryers are prohibited, unless equipped with positive closing lids to contain the fat and to prevent splashing or excessive spillage in transit or in the event of a sudden stop, collision or overturn of the vehicle. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be kept positively closed while the vehicle is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. "(c) Water bath or steam hot food insert warming tables shall be provided with baffles to prevent surging in transit. All such tables, as well as dry heat units, their insert food containers and similar equipment that contains hot liquids or hot foods shall have positive closing lids to contain all such liquids or foods and to prevent splashing or spillage in transit or in the event of a sudden stop, collision, or overturn of the vehicle. Such lids shall be designed and constructed so as to prevent pressure buildup which could result in an explosion. All lids shall be positively closed while the vehicle is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish. -4- "(d) Safety exit facilities. An alternate means of exit in the side opposite the main exist door, or the roof, or the rear of the vehicle, with unobstructed passage of 61 cm x 61 cm (24 inches x 24 inches) minimum to the outside, shall be provided. The interior latching mechanism shall be operable by hand without special tools or key. The exit shall be labeled "Safety Exit" in contrasting colors with at least 2.54 cm (1 inch) high letters." SECTION 5. Effective Date. This Ordinance shall take effect and be in force 30 days after its passage. SECTION 6. Clerk's Certification. The City Clerk shall certify to the adoption of this Ordinance and cause same to be posted in the duly designated posting places within the City of San Juan Capistrano within 15 days after its passage. PASSED, APPROVED AND ADOPTED this 5th day of December 1 1979 , by the following vote, to wit: AYES: Councilmen Hausdorfer, Schwartze, Thorpe and Mayor Friess NOES: None ABSTAIN: Councilman Buchheim ABSENT: None KENNETH E. FRIESS, MAY R ATTEST: CITY CL STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, City Clerk of the City of San Juan Capistrano, California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 394 , which was introduced at a meeting of the City Council of the City of San Juan Capistrano, California, held on November 28 1979 , and adopted at a meeting held on Decmeber 5 1979. (SEAL) o MARY ANN PNOVER, CITY CLERK -5-