Chula Vista Municipal Code Ch. 8.20 Food Vendors

Sections:

• 8.20.010 Vending vehicles – Definitions.

• 8.20.015 Mobile food facility.

• 8.20.020 Vending vehicles – For prepared or prepackaged and unprepared foodstuffs, including but not limited to frozen desserts, drinks, ice cream, fruits, vegetables, meat, seafood, and poultry – License tax required.

• 8.20.025 Vending vehicles – Restrictions near school facilities.

• 8.20.030 Vending vehicles – Parking and stopping regulations.

• 8.20.040 Vending vehicles – Compliance with certain regulations required.

• 8.20.050 Vending vehicles – Refrigeration required.

• 8.20.060 Vending vehicles – Identification to be displayed.

• 8.20.070 Vending vehicles – Cleanliness required – Inspection – Certification.

• 8.20.075 Letter grades for vending vehicles.

• 8.20.080 Vending vehicles – For unprepared food – Regulations.

• 8.20.090 Vending vehicles – For prepared food – Regulations.

• 8.20.100 Vending vehicles – Limitations on use. 8.20.110 Vending machines – Operator defined. 8.20.120 Vending machines – Permit required – Operator responsibilities. 8.20.130 Vending machines – Permit required for service vehicle. 8.20.140 Vending machines – Location restrictions – Approval required. 8.20.150 Vending machines – Service room required. 8.20.160 Vending machines – Cleaning and sanitizing generally. 8.20.170 Vending machines – Outside and other equipment to be cleaned. 8.20.180 Vending machines – For cold carbonated beverages – Cleaning requirements. 8.20.190 Vending machines – For milk products – Cleaning and sanitizing requirements. 8.20.200 Vending machines – Refilling regulations.

***** For authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for statutory provisions authorizing cities to enforce state laws on food handling sanitation, see Health and Saf. Code § 28690.

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, catering truck, bakery truck, or ice cream or ice cream product truck.

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. A 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. (Ord. 3432 § 3, 2018; Ord. 2120 § 1, 1985; Ord. 855 § 2; prior code § 15.60).

A large vehicle equipped to cook and sell food as a mobile kitchen, and as defined in California Health and Safety Code Section 113831, as may be amended, and also means a vehicle that operates as a food facility from which food is sold or distributed at retail, and is not a vending vehicle for purposes of this chapter, and as regulated in CVMC 19.58.440. (Ord. 3432 § 3, 2018).

Every person conducting, managing or operating a business in which carts, wagons or vending vehicles for prepared or prepackaged and unprepared foodstuffs, including ice cream, are used shall pay a tax as presently designated, or as may in the future be amended, in Section 8.20.020 of the master tax schedule in CVMC 5.07.030. The license shall identify the particular vehicle to be used and shall be kept on the vehicle, available for inspection at all times. (Ord. 3432 § 3, 2018; Ord. 2408 § 1, 1990; Ord. 2081 § 1, 1984; prior code § 18.57).

A. 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 Chula Vista between the hours of 7:00 a.m. and 5:00 p.m. on regular school days.

B. “School” means all public or private schools in which instruction is given through grade 12 or in any one or more of such grades. (Ord. 3432 § 3, 2018; Ord. 2729 § 1, 1998; Ord. 2122, 1985).

No person shall stop or park a food vending vehicle on a public thoroughfare for the purpose of selling, giving away, displaying or offering for sale any food or beverage product except for a period of time 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. 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. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.61).

Food vending vehicles shall comply with all provisions of this code and other ordinances of the City regulating food vending establishments, insofar as such regulations are applicable to vending vehicles and the operation thereof. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.62).

No person shall operate, or cause to be operated, a food vending vehicle 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 50 degrees Fahrenheit. Refrigeration compartments shall be kept clean, shall be constructed of tile, metal or other approved material, and shall have no seams or cracks. Food storage containers shall have no open seams. (Ord. 3432 § 3, 2018; Ord. 954 § 2; Ord. 855 § 2; prior code § 15.63).

The exterior of each vending vehicle shall display, in lettering at least three inches in height, the name, address and telephone number of the owner. A distinctive identifying number or symbol assigned by the County of San Diego Department of Environmental Health shall be displayed on the windshield of each vending vehicle. (Ord. 3432 § 3, 2018; Ord. 954 § 2; Ord. 855 § 2; prior code § 15.64).

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 vending vehicle shall be inspected at least semi-annually by a health officer. 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 vending vehicles conforming to the requirements of this code. The certificate of inspection shall specify the food products which may be sold. (Ord. 3432 § 3, 2018; Ord. 954 § 2; Ord. 855 § 2; prior code § 15.65).

A. San Diego County Code of Regulatory Ordinances. The provisions of the San Diego County Code of Regulatory Ordinances concerning permanent and mobile food facilities, at Title 6, Division 1 of the County Code, are incorporated into this code by reference and shall also be applicable to “vending vehicles,” as defined in CVMC 8.20.010.

B. Fee. All persons and businesses required to obtain a health-related permit or related service from the County of San Diego Department of Environmental Health pursuant to this code shall pay the County the fee established in the County Code for that permit or service, including delinquent payment fees. (Ord. 3432 § 3, 2018; Ord. 3243 § 1, 2012).

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, or 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 weighing 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 a health officer, or more often if a health officer so requires. The vending vehicle shall be fully loaded and ready for operation at the time of such inspection. A health officer shall issue a certificate of inspection if his inspection discloses that the vehicle conforms to the requirements of this code. The certificate 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. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.66).

No person shall operate or cause to be operated a prepared food vending vehicle without complying with all of the following requirements:

A. Every owner or operator of vending vehicles shall have a service room or other sanitary location approved by the County of San Diego Department of Environmental Health for the preparation of food sold from vending vehicles. Only food prepared in the service room or other approved location shall be sold from a vending vehicle. Service rooms or other approved locations shall comply with regulations for food handling establishments.

B. No hot prepared food, except coffee, tea or packaged cocoa, shall be served from a vending vehicle unless the equipment used to prepare such food is approved by the Director of Public Health.

C. Except as provided in subsection (D) of this section, no perishable food shall be sold from a vending vehicle more than 24 hours after preparation.

D. If the County of San Diego Department of Environmental Health certifies that an owner or operator of vending vehicles continuously maintains all perishable food intended for sale from a vending vehicle at a temperature of not more than 50 degrees Fahrenheit from the time of preparation until service to the consumer, such food may be sold for a period not exceeding 72 hours after preparation.

• E. All perishable food shall show the date of preparation.

• F. Vending vehicles shall dispense only single-service disposable cups, plates, forks and spoons. (Ord. 3432 § 3, 2018; Ord. 954 § 2; Ord. 855 § 2; prior code § 15.67).

Food vending vehicles shall be used for no purpose other than those purposes permitted by this chapter, unless a health officer has approved in writing some other proposed use of such vehicle. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.68).

“Operator” means the person who furnishes, installs and services the vending machine. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.71).

No operator shall maintain, conduct, manage or operate any vending machine unless a permit for such machine has been issued by a health officer and unless such permit is valid and unexpired. The applicant for a permit shall designate in writing the products to be vended, and permits shall be valid only for those products listed on the permit. Unless it appears to a health officer that the vending machine will at all times be maintained in a clean and sanitary condition, and that all products of the machine will reach the consumer in a clean and wholesome condition, he shall deny the application for the permit. If the permit is granted, the operator shall be responsible for the proper operation and maintenance of the vending machine and for complying with the requirements of this chapter and of state laws and regulations in connection therewith. The name and address of the operator shall be posted conspicuously on the vending machine. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.70).

No operator shall use a vehicle to service vending machines, or allow such use, unless a health officer has issued a permit for such vehicle. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.72).

The operator shall furnish a health officer with the location of any vending machine installed, sufficiently soon so that within 72 hours subsequent to such installation a health officer may inspect the vending machine and the location. If the location of the machine is not approved by a health officer, the vending machine shall be removed immediately and not operated until the location thereof is rendered acceptable. Each vending machine shall be located so that sanitary facilities, fixtures and receptacles for emptying waste containers and for performing required sanitation are readily accessible. The area around the vending machine shall be maintained clean and free of accumulated paper cups and wrappers, spillage, and other waste material and trash. Approved trash receptacles shall be provided by the machine operator, proximate to vending machines, whenever required by a health officer. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.73).

All operators shall establish within the City a service room or rooms, which shall be used only for cleaning, storing and maintaining vending machines, supplies and sanitized parts. All cleaning and sanitizing of vending machine parts which come in contact with food, food products or liquids dispensed by a vending machine shall be done in the service room previously approved by a health officer. The service room shall meet all the requirements of this title relative to food handling establishments. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.74).

Vending machines dispensing liquids shall be cleaned not less frequently than three times each week, and machines dispensing unwrapped nonliquid food products shall be cleaned not less frequently than once each month, except as hereinafter noted in the manner set forth in CVMC 8.20.170 through 8.20.200. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.75).

The following general regulations apply to all vending machines. The operator shall clean the outside of the machine, and any vending stage, door, chute, drip plate and waste can. Used cup and trash containers shall be emptied and cleaned. Parts shall be wiped with a cleaned moist cloth which has been dipped in a solution containing not less than 200 parts of active chlorine per million parts, or in some such other approved sanitizing agent or material. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 16.76(A)).

In addition to the servicing required by the general regulations, machines dispensing cold carbonated beverages shall be serviced as follows: Not less frequently than once each 60 days, all contact parts of the machine shall be cleaned by removing, washing and disinfecting all tanks, valves, faucets, pipe lines and water filters. Interior water filter and conditioning elements shall be taken to the service room for servicing; properly sanitized replacements may be transported under sanitary conditions from the service room and installed while the other water filter and conditioning elements are being serviced. Water filters and water conditioning devices shall be of a type which permits periodic cleaning and replacement. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.75(B)).

In addition to the servicing required by the general regulations, machines dispensing milk and milk products shall be serviced as follows: Fluid milk or cream shall be removed from the machine and discarded daily, and fresh products added. Canned evaporated milk may be dispensed for 72 hours before discarding; provided, that throughout this period the temperature of such milk is maintained at not more than 50 degrees Fahrenheit. All parts and appurtenances of vending machines that come in contact with fluid milk or milk products shall be removed daily and cleaned and sanitized. Vending machines that dispense nonliquid milk or nonliquid cream products shall be sanitized not less frequently than three times each week. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.75(C)).

Vending machines, in locations for which a health officer has not issued a food handling establishment permit, shall be refilled only by substituting for the empty container one which was cleaned, sanitized and filled in the service room. The emptied container shall be transported to the service room for cleaning and sanitizing. (Ord. 3432 § 3, 2018; Ord. 855 § 2; prior code § 15.75(D)).