Chapter 7.10 FOOD AND SANITATION

The following definitions apply to the use of these terms for the purposes of this chapter; provided, however, these definitions shall also include any amendments or changes made to referenced sections of the California Health and Safety Code on and after the effective date of the ordinance codified in this chapter:

“Alcoholic beverages” includes, without limitation, beer, malt liquors, wine and distilled spirits.

“Enforcement officer” means an environmental health specialist, as defined in California Health and Safety Code Section 113774, employed by the health department, or the health officer or any deputy health officer authorized to inspect premises or equipment for the enforcement of this chapter.

“Food facility” means as defined in California Health and Safety Code Section 113789.

“Food handling business” means any type of food handling business and includes a food facility, open-air barbecue facility, temporary food facility and mobile food facility.

“Health department” or “department” means the Orange County health care agency.

“Health officer” means the county health officer or his or her deputy.

“Mobile food facility” means as defined in California Health and Safety Code Section 113831.

“Open-air barbecue facility” means as defined in California Health and Safety Code Section 113843.

“Person” means as defined in California Health and Safety Code Section 113855.

“Premises” means 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 food facilities or on such premises.

“Receipt” means a county public health services fee receipt.

“Temporary food facility” means as defined in California Health and Safety Code Section 113930. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: definitions generally, AVMC 1.02.010.

7.10.020 Permit required – Conditions and terms.

A. It shall be unlawful for any person to operate any food handling business governed by this chapter, without first applying for and receiving a food vending permit issued by the health department under the provisions of this chapter.

B. 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 chapter and such other information as the health department may require. Applicants for a permit to operate a mobile food facility shall, in addition, provide a list of three proposed service stops which shall include the address of exact location and time of each stop.

C. A permit may be issued when investigation has determined that the proposed facility and its method of operation will conform to all applicable laws and regulations. A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity approved and, unless suspended or revoked, for the time period indicated.

D. Permits may be granted at any time during the year. A permit shall be posted in a conspicuous place on the premises or vehicle for which it is issued. [Ord. 2010-126 § 1 (Exh. A)].

7.10.030 Construction, conversion and alteration.

A person proposing to build or remodel a food facility or any other food handling business governed by this chapter shall submit three copies of the complete plans and specifications to the department for review and approval pursuant to the applicable requirements of the California Health and Safety Code. The health officer may thereafter issue a certificate stating what modifications, if any, to such plans and specifications are required for compliance with applicable laws and ordinances. [Ord. 2010-126 § 1 (Exh. A)].

7.10.040 Suspension of permits.

A permit issued under this chapter or its predecessor may be suspended or revoked under the procedure set forth in this chapter for any of the following reasons:

A. Violation of state law;

B. Violation of this chapter;

C. Violation of the rules and regulations adopted pursuant to this chapter; or

D. Upon recommendation by the health officer. [Ord. 2010-126 § 1 (Exh. A)].

7.10.050 Notice of violation.

When any laws, this chapter, or rules and regulations have been violated, an enforcement officer may serve written notice thereof specifying:

A. The acts or omissions with which the permittee is charged.

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 therefrom.

E. That the permittee has a right to a hearing upon written request or that a mandatory hearing has been scheduled.

F. That if no hearing is requested or the permittee fails to appear at the scheduled hearing and if the health department does not receive notice that all such corrections have been made before 8:00 a.m. of the date specified under subsection (D) of this section, the permit will be subject to suspension or revocation from that time until all violations have been corrected. [Ord. 2010-126 § 1 (Exh. A)].

7.10.060 Hearing.

The hearing shall be held by the health officer or his or her duly authorized representative who is a qualified environmental health specialist as defined in California Health and Safety Code Section 106615 and registered as provided in California Health and Safety Code Section 106710, but shall not be the enforcement officer who reported the violations or who inspected any corrective measure taken.

A. The permittee shall have the right to a hearing, if requested, on all violations listed in the notice. A written request for a hearing shall be made by the permittee within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing.

The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permittee, the hearing officer may postpone any hearing date, if circumstances warrant such action.

B. At the conclusion of the hearing, the hearing officer shall issue a written notice of decision to the permittee within five working days following the hearing. In the event of the suspension or revocation, the notice shall specify the acts or omissions with which the permittee is charged, and shall state the terms of the suspension, or that the permit has been revoked.

C. The health officer may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any of the requirements of the applicable laws, rules and regulations. [Ord. 2010-126 § 1 (Exh. A)].

7.10.070 Mobile food facilities.

In addition to all other applicable provisions of the California Health and Safety Code and of this chapter, mobile food facilities shall comply with the following safety 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 unit.

B. All equipment installed in any part of the unit 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 unit, 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 centimeters (76 inches) or the fixture shall be installed out of the traffic aisle or work area.

F. High voltage (110 to 120 volts) electrical wiring shall be properly installed in electrical conduit with all splices or connections being made within the junction, outlet or switch as to prevent the use of extension cords exceeding six feet. Outside electrical connection receptacles shall be of weatherproof design with covers.

G. Attached, firmly anchored seats with back-rests, 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 14 inches by 14 inches in size.

H. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the unit is in motion. Signs setting forth these requirements shall be posted in both English and Spanish.

I. A first-aid kit approved by the health officer shall be provided and located in a convenient area in an enclosed case.

J. All pressure cylinders shall be securely fastened to a rigid structure of the unit. 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 not normally 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 partitions 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 unit.

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 unit 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.

8. ASME-approved LP gas tubing or standard weight pipe shall be used throughout.

9. Protective “thread” caps shall be installed on fill-line check valves.

10. Every appliance fueled by LP gas shall be equipped with a pilot light attachment and provided with an ASME-approved device which will automatically shut off all gas to the appliance if the pilot light should be extinguished.

K. A minimum five B.C.-rated portable fire extinguisher (UL- or State Fire Marshal-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. [Ord. 2010-126 § 1 (Exh. A)].

7.10.080 Additional requirements for mobile food facilities operating in multiple locations in any day.

In addition to the requirements specified in AVMC 7.10.070, mobile food facilities 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 unit 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 unit. 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 unit is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish.

C. Water bath or steam food insert 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 unit. 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 unit is in motion. Signs setting forth the latter requirement shall be posted in both English and Spanish.

D. An alternate means of exit in the side opposite the main exit door, or the roof, or the rear of the unit, with unobstructed passage of 24 inches by 36 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 one-inch-high letters. [Ord. 2010-126 § 1 (Exh. A)].

7.10.090 Suspension for refusal of entry.

It shall be a violation of this chapter for any person to deny or hinder entry by any enforcement officer for the purpose of inspecting any of the premises described in AVMC 7.10.010, or any portion thereof; and in such event the enforcement officer may forthwith suspend the food vending permit used for the premises. [Ord. 2010-126 § 1 (Exh. A)].

7.10.100 Summary suspension.

A. If any immediate danger to the public health or safety is found, unless the danger is immediately corrected, an enforcement officer may temporarily suspend the permit and order the premises immediately closed. “Immediate danger to the public health and safety” means any condition, based upon inspection or other evidence, that can cause food infection, food intoxication, disease transmission, or hazardous condition, including but not limited to unsafe food temperature, sewage contamination, nonpotable water supply, or an employee who is a carrier of a communicable disease.

B. Whenever a permit is suspended as the result of an immediate danger to the public health or safety, the enforcement officer shall issue to the permittee a notice setting forth the acts or omissions with which the permittee is charged, specifying the pertinent code section, and informing the permittee of the right to a hearing.

C. At any time within 15 calendar days after service of a notice pursuant to subsection (B) of this section, the permittee may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to such hearing. [Ord. 2010-126 § 1 (Exh. A)].

7.10.110 Supervision of closing down premises.

When any permit is first suspended hereunder, or when any premises governed hereby shall have been closed for business and left in an unsanitary condition, the health department shall have the power to enter to ensure 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 of the premises shall be notified of the unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. [Ord. 2010-126 § 1 (Exh. A)].

7.10.120 Additional rules and regulations.

The health officer may adopt and enforce rules and regulations necessary to administer this chapter including, but not limited to, regulations pertaining to:

A. Forms for applications, permits and notices.

B. Forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits.

C. Inspections of premises and reporting thereon. [Ord. 2010-126 § 1 (Exh. A)].

7.10.130 Preemption.

This chapter shall not apply to any matter to which it concerns to the extent that the regulation of such matter is preempted by state law. [Ord. 2010-126 § 1 (Exh. A)].

Article II. Health Services Fee

7.10.140 Purpose and authority.

The purpose of this article is to establish fees sufficient to meet the reasonable expenses of the health officer in enforcing state statutes, orders, quarantines and rules and regulations of state officers and departments relating to public health, which expenses are hereby found not to be met by the fees prescribed by the state. The authority for this section is contained in California Health and Safety Code Section 101325. [Ord. 2010-126 § 1 (Exh. A)].

7.10.150 Area of application.

This article shall be enforceable within the territory in which the health officer enforces any state statute, order, quarantine or rule or regulation of any state office or department relating to public health, including incorporated as well as unincorporated territory. [Ord. 2010-126 § 1 (Exh. A)].

7.10.160 Violation.

It shall be unlawful for any person to conduct any activity enumerated in this chapter without a valid receipt. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.

7.10.170 Separate activities.

If a person shall conduct more than one of the activities for which a receipt is required, he must obtain a separate receipt for each activity, except as otherwise provided herein. [Ord. 2010-126 § 1 (Exh. A)].

7.10.180 Applications.

Applications for a receipt shall be filed with the health department on a form to be provided by that department. The applications shall be accompanied by payment of the required fee. An applicant for or recipient of a receipt shall provide the health officer with any information requested by him or her. [Ord. 2010-126 § 1 (Exh. A)].

7.10.190 Rules and regulations.

The health officer shall administer this chapter and may issue regulations and prepare application and identification forms pertaining thereto. [Ord. 2010-126 § 1 (Exh. A)].

7.10.200 Fees.

The board of supervisors may, by resolution, establish fees required to recover costs of administration incurred pursuant to state law and the Orange County Code, upon the payment of which fees a receipt shall be granted. [Ord. 2010-126 § 1 (Exh. A)].

7.10.210 Temporary receipt.

A person may obtain a temporary receipt from the health department authorizing him to conduct an activity covered by this chapter for a period not exceeding 90 days in any calendar year, upon payment of a fee equal to one-fourth of the annual fee for such activity or $10.00, whichever is greater. [Ord. 2010-126 § 1 (Exh. A)].

Article III. Alcoholic Beverages Warning Signs²

7.10.220 Legislative purpose.

The Surgeon General of the United States has recommended that women who are pregnant, or considering pregnancy, be advised not to drink alcoholic beverages, and to be aware of the alcoholic content in anything they eat because alcohol consumption during pregnancy, especially in the early months, can harm the fetus. In order to serve the public health, safety and welfare, the purpose of this chapter is to educate the public by requiring that warning signs be placed at all locations where alcoholic beverages are sold to the public. [Ord. 2010-126 § 1 (Exh. A)].

7.10.230 Duty to post signs.

Any person or entity who owns, operates, manages, leases or rents a premises offering wine, beer, distilled spirits, malt liquors or other alcoholic beverages for sale, or who dispenses such beverages for consideration to the public, shall cause signs to be posted in compliance with the following:

A. For alcoholic beverages intended for consumption off the premises where sold or distributed, at least one notice or sign shall be placed in the retail establishment so as to assure that it is readable and likely to be read either at the retail point of sale or each point of display. Signs or notices placed at the point of display shall be placed no more than 10 feet from any display of any alcoholic beverage container in a manner associating the sign or notice with the display.

B. For alcoholic beverages provided for consumption on the premises at tables served by food or beverage persons, at least one notice or sign shall be placed so as to assure that it is readable and likely to be read by the public being served on the premises, or a notice or sign shall be conspicuously displayed at each of the tables.

C. For alcohol sold or distributed through over-the-counter service, at least one notice or sign shall be placed in the retail establishment so that it is readable and likely to be read from all counter locations available to the public.

D. Any sign required to be posted or displayed under this section, except as otherwise provided in this chapter, shall bear the following warning message:

WARNING: Drinking Distilled Spirits, Beer, Coolers, Wine and Other Alcoholic Beverages May Increase Cancer Risk, and, During Pregnancy, Can Cause Birth Defects.

E. In the event that 25 percent or more of the public patronizing a premises offering for sale or dispensing, for consideration, wine, beer or other alcoholic beverages uses a language other than English as a primary language, the sign or notice required by this section shall be worded in both English and the primary language or languages involved. [Ord. 2010-126 § 1 (Exh. A)].

7.10.240 Enforcement and penalties.

A. The health officer shall be responsible for enforcing the provisions of this chapter. The health department shall have the authority to adopt reasonable rules and regulations for the implementation of this chapter, including rules and regulations for alternative signs and warning messages and placement of required signs.

B. Any person who shall violate the provisions of this chapter shall be guilty of an infraction. [Ord. 2010-126 § 1 (Exh. A)].

Cross-reference: violations and penalties generally, Chapter 1.06 AVMC.

7.10.250 Sign availability.

Warning signs may be obtained, free of charge, from the health department. Vendors of alcoholic beverages may also prepare and post signs of their own making meeting the requirements of this chapter, at their expense. In no event shall the language of the warning sign be altered from that specified in AVMC 7.10.230(D). [Ord. 2010-126 § 1 (Exh. A)].

Cross-references: violations and penalties generally, Chapter 1.06 AVMC; special events, Chapter 11.05 AVMC.

Cross-reference: sale of alcoholic beverages, AVMC 15.22.200.