Victorville Municipal Code Ch. 6.12 Food Handling and Public Eating Places

(a) "Food" means and is taken to be any substance eaten or drunk for nourishment or refreshment of the body, whether such food be in storage, in process of preparation, or ready to serve.

(b) "Food handling place" as referred to in this chapter means and includes every building, room, basement, cellar, and bottled water establishment, vehicle, establishment, and every place used for the production, preparation for sale, manufacture, packing, storage, sale, transportation or distribution of any food.

(c) "Foods readily perishable" means any food or beverage or ingredient thereof consisting in whole or in part of milk, milk products, eggs, meats, fish, poultry, or other food capable of supporting rapid and progressive growth of micro-organisms which cause spoilage, food infection, or food intoxication at a rate of speed comparable to that characteristic of the food products specified in this chapter.

(d) "Hawker" means any person who proclaims his wares on the street or property adjacent thereto, the articles for sale being contained in a wagon, box or vehicle, or carried by the person.

(e) "Mobile unit" as used in this code means any vehicle, truck, trailer, cart, wagon, dray, conveyance, or structure not firmly fixed to a permanent foundation which does not specifically require a license to operate by the California Department of Motor Vehicles.

(f) "Operator" as used in this code means any person engaged in the dispensing of, or assisting in the preparation of food, or a person otherwise employed in a food handling place.

(g) "Original container" as used in this code means any receptacle into which, under sanitary conditions, food is placed sealed for sale.

(h) "Owner" or "owners" as used in this chapter means those persons, partnerships, or corporations who are financially interested in the operation of a food handling place.

(i) "Processing" as used in this code means the cooking, blending, compounding or the preparation of food.

(j) "Public eating place" as referred to in this chapter means and includes every restaurant, lunchroom, tea room, soda fountain, buffet, grill room, lunch counter, sandwich stand, dining room, coffee shop, boardinghouse, hotel, club, beer parlor, cocktail lounge, vehicle, labor or construction camp kitchen and dining room, and every other place where food or drinks are prepared or sold, to be consumed on the premises, and all kitchens, commissaries and other rooms appurtenant thereto or connected therewith. All places where sandwiches, lunches, box lunches, etc., are prepared for sale to the public shall be classified as public eating places.

(k) "Vehicle" as used in this code means any automobile, truck, trailer or other conveyance requiring a license to operate by the California Department of Motor Vehicles.

The provisions of this code shall not apply to soft drinks dispensed from the original container nor to any off-sale liquor establishment.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A) (1))

It is unlawful to operate or permit to be operated any public eating place or food handling place without an unrevoked permit, issued in accordance with the provisions of this code.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(2))

It is the duty of the operator or owner of all public eating places and food handling places to report as soon as possible to the health officer any illness of a communicable nature of any employee of said establishment.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(3))

(a) It is unlawful for any person to prepare, dispense or serve food or drink in any public eating place in which any eating or drinking utensils used in such public eating place are not cleaned, washed and sterilized in a manner satisfactory to the health officer.

(b) Every public eating establishment shall be equipped with a three-compartment metal sink with metal drainboards on each side, except vehicle, box or container used by him to carry his wares.

Every food handling establishment shall be equipped with a minimum of one metal sink. All sinks shall be supplied with hot and cold running water under pressure unless otherwise approved by the health officer.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(4))

(a) It is unlawful for any hawker to sell food unless he shall have attached to any vehicle, box or container used by him an unrevoked permit card issued in accordance with the provisions of this code.

(b) All food handled shall be kept free from dust, flies or other contaminating influence, and the vehicle, box or container from which food is sold shall be maintained in a clean and sanitary condition. All food shall be delivered to the buyer in or upon paper containers or other material approved by the health officer unless such article is sold in an original container.

(c) A hawker shall have all wares for sale displayed upon or in the vehicle, box or container used by him to carry his wares.

(d) A hawker, during the nighttime hours between sunset and sunrise, shall not permit any vehicle, box or container from which food is sold to remain at the location from which said sales were made.

(e) The processing or preparation of foods for human consumption in any vehicle or other mobile unit is prohibited. This provision shall not apply to vehicles used as itinerant food concession at fairs, circuses, carnivals, or other similar type of celebrations of short duration which have been approved by the city council.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(5))

All persons claiming to be hawkers, but vending food or food products from a fixed location, shall comply with all the laws and ordinances pertaining to food handling places or public eating places.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(11))

Every meat market in which meat for human consumption is preserved, cured, canned, or otherwise prepared or sold, shall be so constructed and maintained as to prevent any insects, vermin, or rodents from entering therein. Every such establishment shall be kept at all times in a clean sanitary condition. The refrigerators shall be kept at forty-five degrees or below. Each walk-in box or refrigerator shall be equipped with a thermometer. All meat or meat products cured or otherwise shall at all times be kept under refrigeration. Refrigerators or walk-in boxes wherein fresh meats are stored shall be kept clean and no decomposed or decaying matter shall be allowed to remain therein. All hooks, receptacles, containers and implements used for holding or preparing freshmeat shall be kept clean and in good repair. All tables, blocks, counters, shelves, etc., used in the preparation and handling of meats shall be constructed of a material which is smooth, washable, and nonabsorbent and shall be kept clean and free of cracks or crevices. Every meat market shall be equipped with a sink or sinks with hot and cold running water under pressure.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(6))

All fruits and vegetables shall be stored at least eighteen inches off the floor. No person shall keep or maintain any market or other place in which fruit or vegetables are sold or kept for sale unless the floor is of an impervious material and shall at all times be kept clean.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(7))

No owner or operator of any food establishment shall provide or use on the floor, any sawdust, wood shavings, hulls, or similar material except that meat markets may use an approved type sawdust or wood shavings on the floor in a cooler or in other meat processing areas.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(8))

At least one toilet and one lavatory with soap and individual towels shall be provided by the owner or operator of each food handling place for the use of employees which shall be adjacent to, in connection with, and convenient to such food handling place and maintained by the owner and operator thereof.

Provided, however, the provisions of this code shall not apply to any food handling place where food is sold or delivered to the buyer or receiver in an original container, and is not at any time removed from such container, or exposed to the air or to possible contamination, nor to any food handling place which transports food along a fixed route, making periodic stops of short duration for the purpose of dispensing said food to buyers.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(9))

Every public eating place and food handling place shall at all times meet the requirements of the Food Sanitation Act of the state as well as all other applicable ordinances, statutes, rules and regulations.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(10))

All readily perishable food shall be refrigerated at or below fifty degrees Fahrenheit.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(12))

All equipment for use in the cleansing and the bactericidal treatment of food service utensils and in the preparation, cooking, storing and handling, serving, or vending of food or drink shall be of the type approved by the health officer.

(Ord. 32 § 3 (part), 1968: prior code § 5103 (A)(13))

The city of Victorville hereby adopts the San Bernardino County Code with reference to the inspection and grading of food facilities within the city of Victorville. This includes Chapter 14 of Division 3 of Title 3 and all other related sections.

The county of San Bernardino is designated as the primary enforcement agency for the city and is authorized to enforce the provisions of the chapter. Additionally, the City of Victorville Code Enforcement Division shall also have enforcement authorization for violations of Section 33.1406 — Posting Requirements, if necessary.

(Ord. 32 § 3 (part), 1968: prior code § 5103(A)(14))

(Ord. No. 2274, 5-3-11)

(a) It is unlawful for any person, firm or corporation to sell, barter or exchange, for human consumption, any beef, veal, mutton or pork without having such beef, veal, mutton or pork first inspected by the State Meat Inspector or an inspector authorized by the Director of Agriculture of the state, as defined by Chapter 732 of the 1921 Statutes of the state of California, and bearing the stamp upon such beef, veal, mutton or pork the words "California, inspected and passed," or inspected by the United States Inspector and bearing the stamp "U.S. inspected and passed."

(b) Any person, firm or corporation violating any of the provisions of subsection (a) is guilty of a misdemeanor and is punishable as provided in Section 1.04.010.

(Ord. 32 § 3 (part), 1968: prior code § 5103(B))

There is adopted for the purpose of prescribing regulations governing worker competency in food industry sanitary procedures, that certain ordinance known as Ordinance No. 1964 of the county of San Bernardino, state of California, adding Chapter 6 to Division 4, Title 3 and amending Section 16.0213B of the San Bernardino County Code, providing for the certification of worker competency in food industry sanitary procedures. Not less than three copies have been and are now filed in the office of the city clerk and the same are adopted and incorporated as fully as if set out at length herein, and from the date on which this section shall take effect, the provisions thereof shall be controlling within the limits of the city.

(Ord. 423 § 1, 1975)