San Marcos Municipal Code Art. III General Regulations

No person shall sell, distribute, offer for sale, vend or give away any manufactured or prepared food or beverage product in the City other than the product of an establishment that is regularly inspected by the Health Officer or some other Department of Health Services Inspection Service recognized and approved by the Director of Public Health.

No person shall sell, expose, or offer for sale, or cause or permit to be sold, exposed, or offered for sale in the City any article of food prepared or intended for human consumption, which article of food is smoked, cooked, dried or otherwise prepared and intended for human consumption without further cooking, washing or other preparation, unless such article of food is covered or enclosed by glass or some other approved substance or material in such a manner as to prevent the handling of such article of food by any person other than the person selling, offering or exposing such article of food for sale, and to prevent such article of food from coming in any contact with any deleterious, wholesome or unhealthy substance or material; provided, however, that the provisions of this section do not apply to food uncovered in the process of preparation, or to food uncovered for display for immediate consumption on the premises where steam tables or other approved service tables are in use and are properly protected from unwholesome or unhealthy contamination as provided in this chapter and the California Restaurant Act.

No person, proprietor, or manager of an establishment shall require or permit any person to work, nor shall any person work, in any establishment, who is affected with any communicable disease. It shall be the duty of all owners, proprietors, or mangers to report to the Health Officer any person afflicted with, or reasonably suspected of being afflicted with, venereal disease, smallpox, diphtheria, scarlet fever, dysentery, measles, mumps, German measles, tuberculosis, typhoid fever, chicken pox or any other infectious or

contagious disease, whereupon it shall be the duty of the Health Officer to examine or cause to be examined any such person afflicted with or reasonably suspected of being afflicted with any of the above mentioned diseases and said person shall no longer be permitted to work in any establishment where food is handled, prepared, or sold or distributed.

All owners, proprietors or managers of establishments shall keep an accurate and complete list of all persons employed indicating the physical description of and the duties performed by, each employee. A copy of the list shall be furnished to the Health Officer and shall be kept constantly up to date, by said owner, proprietor or manager.

Persons employed in an establishment for serving, preparing or handling food for human consumption, or handling food utensils, shall wear uniforms, clothing or aprons which are made of washable material and kept clean at all times.

Every establishment shall be properly lighted, drained, ventilated and provided with adequate plumbing and sanitary drainage, as provided by law.

The floors of every establishment shall be smooth and cleanable, shall be of good quality nonabsorbent material and shall be kept in good repair and in a clean, sanitary condition at all times. The walls and ceilings shall be smooth, sound and cleanable and shall be kept painted with oil paint or other approved finishing material and maintained in good repair and in a clean and sanitary condition. In the proximity of sinks, mixers, stoves, ranges or other equipment where water, grease or other matter is likely to be splashed, walls shall be constructed of tile or other approved material to a sufficient height thoroughly to protect said walls; provided, the backs of stoves may be flashed with metal. Drain boards shall be made or constructed of metal, tile or approved substitutes. The use of wooden drain boards or wooden drain boards covered with metal is prohibited. Food preparation and utensil washing areas shall be painted with light colored oil paint or enamel.

Floors of toilet and washrooms shall be of cement, tile laid in cement, or other nonabsorbent material. The interior area of a toilet room shall not be less than 18 square feet. No door or other opening from a toilet room shall open directly into a kitchen, dining room or other place where food is served. The number of toilet rooms and plumbing fixtures of each toilet room shall be as required in Appendix C of the most recent edition of the Uniform Plumbing Code.

Every establishment shall be provided with garbage and trash cans with fly-tight covers, made of metal or other approved material, for disposal of vegetable trimmings, food scraps and other refuse. A sufficient number of cans shall be available to prevent overloading, and tight-fitting covers shall be kept in place at all times. Garbage and trash cans shall be maintained in a sanitary condition and in good repair, and shall be cleaned at such intervals as the department may direct. Garbage and trash cans placed outside of the establishment shall be located on smooth, washable concrete or some other foundation approved by the Health Officer. Where there is an excess of vegetable trimmings or other waste material subject to decomposition, a fly-tight screened room shall be constructed of screen wire of not less than 14 meshes to the inch and all such excess waste material shall be kept in said screened room until removal from the premises. Where screened rooms are provided, the lower three feet of wall space shall be constructed of a smooth, washable material in a workmanlike manner, and maintained in good repair.

No person shall use or permit to be used any sawdust or similar material on the floor of any room of an establishment, except that in butcher shops clean sawdust may be used on floors in a cooler or behind the counter.

Living and sleeping quarters shall be separated entirely with a solid partition from the establishment. No couch, cot, bed, bedding and/or articles used for living or sleeping purposes shall be maintained or kept in any room of the establishment where food is prepared, stored, served, or displayed.

There shall be provided in all establishments a room or enclosure, separated from toilets or food storage or preparation area, wherein employees may change and store outer garments. No person shall change or store clothes elsewhere in an establishment.

The owner, operator or manager of every establishment shall take every precaution to keep the premises free and rid of rats, mice, roaches, ants and other vermin and pests. Whenever it shall appear to the Health Officer that any establishment is infected with rodents, vermin or pests, a written notice shall be given to the person owning, operating or managing the establishment that said infestation shall be abated within 30 days from the date of the written notice. Failure to comply with said written notice within 30 days shall constitute a violation of the provisions of this chapter, and the Health Officer shall suspend the permit summarily and close such establishment until said nuisance has been abated.

It is unlawful for any person conducting, having charge or control of any hotel, restaurant, saloon, soda fountain, theater, public hall, public or private school, hospital, church, club, office building, park playground, lavatory or washroom, barbershop, or any public place, building, room or conveyance, to provide or expose for common use, or permit to be so provided or exposed or to allow to be used in common, any cup, glass or other receptacle used for drinking purposes.

No cask, water cooler or other receptacle shall be used for storing or supplying drinking water to the public or to employees unless it is covered and protected so as to prevent persons from dipping the water therefrom or, from otherwise contaminating such water. All such containers shall be provided with a faucet or other approved device from drawing the water.

No food or food product, fruit or vegetable shall be displayed outside of any building or property line, or any sidewalk, public street or highway in any fruit stand or market.

Deciduous fruits or other food subject to damage by the rays of the sun shall be kept at all times well inside of the building proper, and elevated not less than 18 inches above the floor level.

No person shall use newspaper for wrapping fruits, vegetables or other food products unless such fruits, vegetables or other food first is wrapped in clean wrapping paper.

All surplus boxes, crates, lug boxes and similar containers in which fruits, vegetables and products are delivered or received by an establishment shall be kept in a clean and sanitary condition and shall be removed from premises daily unless some other removal interval is established by the Health Officer.

All wineries or cider mills where wine or cider is manufactured, processed or bottled shall:

(a)

Have properly drained cement floors and a properly installed sink with running water;

(b)

Wash and sterilize thoroughly all bottles, jugs or receptacles used for bottling wine or cider;

(c)

Use new corks or stoppers in all bottles, jugs or containers;

(d)

Dispose of all pulp by a method approved by the Health Officer;

(e)

Be equipped with a conveniently located water flush toilet in accordance with this Code.

(a)

For the purpose of this section, a pre-prepared sandwich is a sandwich which is intended to be distributed subsequent to the time of preparation or at a location other than at which it is prepared.

(b)

No person shall give away, trade or sell any pre-prepared sandwich unless such sandwich meets all of the following requirements:

(1)

The sandwich shall be prepared and wrapped at some sanitary location which is regularly inspected by a recognized Health Department Inspection Service approved by the Director of Public Health.

(2)

No sandwich shall be sold more than 72 hours after preparation. Each sandwich shall be clearly stamped or marked with the last date the sandwich may be sold and shall bear the name and address of the person or company that prepared it.

(3)

However, sandwiches that are frozen immediately after preparation may be sold beyond the 72 hour interval if kept frozen until loading for delivery to the retailer, and thereafter maintained at a temperature of not more than 42 degrees Fahrenheit, until sale to the consumer; provided, however, that said sandwiches may be heated prior to sale if maintained at a temperature of at least 140 degrees Fahrenheit after heating until sale. Such heated sandwiches may not be sold except on the day on which they are heated. No sandwiches so frozen may be loaded for delivery to the retailer one year after preparation unless a longer period is approved in writing by the Director of Public Health. No sandwiches which have been frozen shall be sold more than 15 days after unfreezing or more than three days after delivery to a food-vending vehicle. Frozen sandwich cartons shall bear a legend reading "KEEP FROZEN," and shall bear a legend showing the date of preparation of the contents. The frozen sandwich packages upon delivery to the retailer shall be clearly stamped or marked with the last date the sandwich may be sold and shall bear the name and address of the person or company that prepared it.

All fruit juices, soft drinks, honey and/or other beverages, or foods, shall be bottled in a regularly inspected plant, and shall not be changed from one container to another except in said plant.

No person shall operate or maintain any establishment without complying with the following regulations:

(a)

Hoods for Ranges. All stoves, ranges, cooking kettles, doughnut kettles, ovens and hot plates shall be equipped with a metal hood (canopy) of a size at least six inches greater on each side than the cooking surface of such cooking device or devices. The hood shall be ventilated to the outside air by separate ventilating flue not less than 12 inches in diameter for an ordinary stove, or of such larger diameter as the Health Officer may deem necessary for effective operation. Hoods and mechanical ventilation shall be installed to accomplish air circulation in accordance with standard ventilation tables maintained by the department.

(b)

Water and Sinks. All sinks of establishments shall have an adequate supply of running hot and cold water of a safe, sanitary quality available at all times. All sinks shall be of metal or approved impervious material. Number and type of sinks shall be regulated by rules of the Health Officer and as required by the California Bakery Sanitation Law, the California Restaurant Act and the Retail Food Production and Marketing Establishment Law.

(c)

Damaged Utensils. Dishes, glasses, drinking glasses or other utensils that are cracked, chipped or damaged shall not be used, and may be confiscated or destroyed at any time when necessary in the opinion of the Health Officer to protect the public health and safety.

(d)

Headdress. Male and female persons engaged in cooking or food preparation shall wear an approved cap, hairnet or headdress to prevent the falling of hair into such foods.

(e)

Containers for Storage of Foods. No tin can, lard stand or other such container shall be used for the purpose of cooking, preparing or storing of foodstuffs. The Health Officer shall condemn and/or destroy all food held in storage contrary to the provisions of this section.

(f)

Screens. All establishments where food is prepared, served or kept shall have wire screens at all outside openings for the purpose of excluding flies and other insects. All screen doors must be self-closing and outside doors shall open outward only. All screening used in such places shall be not less than 14 meshes to the inch. Fly fans may be substituted for screen doors and when used, shall be installed inside the building over the door opening so that the airflow is directed downward and outward. Fly fans shall produce an airflow with a minimum velocity of 750 feet per minute over the entire door opening from the top thereof to a point three feet above the floor.