4-4 — 13, of div. 4, title 4, pertaining to dairy products, and derived from §§ 44.011,

The following terms used in this article shall have the meanings indicated below; provided, however, said definitions shall also include any amendments or changes made to referenced sections of the California Health and Safety Code after January 1, 1991:

(a)

Certified farmers' market shall be as defined in section 113745 of the California Health and Safety Code.

(b)

Commissary shall be as defined in section 113750 of the California Health and Safety Code.

(c)

Food establishment shall be as defined in section 113780 of the California Health and Safety Code.

(d)

Food facility shall be as defined in section 113785 of the California Health and Safety Code.

(e)

Food processing establishment shall be as defined in section 111955 of the California Health and Safety Code.

(f)

Health Department or Department shall mean the Orange County Health Care Agency.

(g)

Health Officer shall mean the County Health Officer or his or her deputy.

(h)

Enforcement Officer shall mean an Environmental Health Specialist, as defined in Health and Safety Code section 106615, 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 article.

(i)

Mobile food preparation unit shall be as defined in section 113815 of the California Health and Safety Code.

(j)

Open-air barbecue facility shall be as defined in section 113830 of the California Health and Safety Code.

(k)

Person shall be as defined in section 113840 of the California Health and Safety Code.

(l)

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 food facilities or on such premises.

(m)

Produce stand shall be as defined in section 113855 of the California Health and Safety Code.

(n)

Restricted food service transient occupancy establishment shall be as defined in section 113870 of the California Health and Safety Code.

(o)

Satellite food distribution facility shall be as defined in section 113880 of the California Health and Safety Code.

(p)

Temporary food facility shall be as defined in section 113895 of the California Health and Safety Code.

(q)

Mobile food facility shall be as defined in section 113900 of the California Health and Safety Code.

(r)

Vending machine shall be as defined in section 113903 of the California Health and Safety Code.

(s)

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.

(Code 1961, § 44.021; Ord. No. 3160, § 1, 10-9-79; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13- 91; Ord. No. 98-15, § 44, 12-8-98)

(a)

It shall be unlawful for any person to operate any food facility, vending machine business, food processing establishment, or any other food handling business governed by this article, without first applying for and receiving a food vending permit issued by the Health Department under the provisions of this article.

(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 article and such other information as the Health Department may require. Applicants for a permit to operate a mobile food preparation unit shall, in addition, provide a list of three (3) 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)

Any permit may be suspended or revoked for a violation of any applicable provisions of law or regulation. Any food facility, vending machine business, food processing establishment, or any other food handling business governed by this article, for which the permit has been suspended or revoked shall close and remain closed until the permit has been reinstated or until a new permit has been issued.

(e)

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.

(Code 1961, § 44.022; Ord. No. 3160, § 2, 10-9-79; Ord. No. 3318, § 1, 4-13-82; Ord. No. 3557, § 2, 12-3- 85; Ord. No. 3832, § 1, 8-13-91)

A person proposing to build or remodel a food facility, vending machine business, food processing establishment, or any other food handling business governed by this article, shall submit three (3) 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, are required for compliance with applicable laws and ordinances.

(Code 1961, § 44.023; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91)

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

(a)

Violation of State law;

(b)

Violation of this article;

(c)

Violation of the rules and regulations adopted pursuant to this article; or

(d)

Upon recommendation by the Health Officer.

(Code 1961, § 44.025; Ord. No. 3557, § 2, 12-3-85, Ord. No. 3832, § 1, 8-13-91)

When any laws, this article, or rules and regulations have been violated, an enforcement officer may serve written notice thereof entitled "Notice of Violation," 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 therefor.

(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 9:00 a.m. of the date specified under subsection (d) above, the permit will be subject to suspension or revocation from that time until all violations have been corrected.

(Code 1961, § 44.026; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91; Ord. No. 98-15, § 45, 12- 8-98)

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 section 106615 of the Health and Safety Code and registered as provided in section 10671029 thereof, but shall not be the enforcement officer who reported the violations or who inspected any corrective measure taken.

(a)

The permit holder 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 fifteen (15) calendar days after receipt of the notice. A failure to request a hearing within fifteen (15) calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order this fifteen-day period to expedite the permit suspension or revocation process.

The hearing shall be held within fifteen (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 (5) working days following the hearing. In the event of a 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.

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. No. 3160, § 3, 10-9-79; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91; Ord. No. 98-15, § 45, 12-8-98)

In addition to all other applicable provisions of the Health and Safety Code and of this article, mobile food preparation units 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 one hundred eighty-eight (188) centimeters (seventy-six (76) inches) or the fixture shall be installed out of the traffic aisle or work area.

(f)

High voltage (110-120 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 one hundred eighty-three (183) centimeters (six (6) feet). Outside electrical connection receptacles shall be of weatherproof design with cover.

(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 thirty- five and five-tenths (35.5) centimeters by thirty-five and five-tenths (35.5) centimeters (fourteen (14) inches by fourteen (14) inches) in size. All occupants shall be seated, shall wear seat belts and shall not cook or prepare food while the units 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.

(i)

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 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 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.

(j)

A minimum 5 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. No. 3160, § 4, 10-9-78; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91)

day.

In addition to the requirements specified in section 4-4-20 above, mobile food preparation units which operate at more than one (1) 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 sixty-one (61) centimeters by ninety-two (92) centimeters (twenty-four (24) inches by thirty six (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 two and fifty-four one-hundredths (2.54) centimeters (one (1) inch) high letters.

(Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91)

Secs. 4-4-22—4-4-24. - Reserved.

Editor's note— Former § 4-4-24, pertaining to hearings and deriving from Code 1961, § 44.027, has been superseded by § 4-4-19, as amended by Ord. No. 3557, § 2, enacted Dec. 3, 1985.

It shall be a violation of this article for any person to deny or hinder entry by any enforcement officer for the purpose of inspecting any of the premises described in section 4-4-15 above, or any portion thereof; and in such event the enforcement officer may forthwith suspend the food vending permit used for the premises.

(Code 1961, § 44.029; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91; Ord. No. 98-15, § 46, 12- 8-98)

(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 findings 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 fifteen (15) calendar days after service of a notice pursuant to subsection (b), 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 fifteen (15) calendar days of the receipt of a request for a hearing. A failure to request a hearing within fifteen (15) calendar days shall be deemed a waiver of the right to such hearing.

(Code 1961, § 44.0210; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91; Ord. No. 98-15, § 46, 12- 8-98)

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.

(Code 1961, § 44.0211; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91)

The Health Officer may adopt and enforce rules and regulations necessary to administer this article 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.

(Code 1961, § 44.0212; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91)

Any person violating any of the provisions of this article shall be guilty of a misdemeanor.

(Code 1961, § 44.0213; Ord. No. 3557, § 2, 12-3-85; Ord. No. 3832, § 1, 8-13-91)

This article 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. No. 3832, § 1, 8-13-91)

Secs. 4-4-31—4-4-39. - Reserved.