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HomeMy WebLinkAbout1593 - Food-Handling Establishments• • ORDINANCE NO. 1593 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTER 6.08 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO FOOD - HANDLING ESTABLISHMENTS The City Council of the City of Newport Beach DOES ORDAIN as follows: SECTION 1. Chapter 6.08 of the Newport Beach Municipal Code is amended to read: "CHAPTER 6.08 FOOD ESTABLISHMENTS Sections: 6.08.010 Definitions. 6.08.020 Permit Required; Conditions and Terms. 6.08.030 Construction, Conversion and Alteration. 6.08.040 Building Permits. 6.08.050 Sanitation Requirements. 6.08.060 Suspension of Permits. 6.08.070 Notice of Violation. 6.08.080 Hearing. 6.08.090 Suspension for Refusal of Entry. 6.08.100 Suspension. 6.08.110 Supervision of Closing Down Premises. 6.08.120 Rules and Regulations. 6.08.130 Administration. 6.08.140 Appeal. 6.08.150 Penalty. 6.08.010 Definitions. The following terms used in this ordinance shall have the meanings indicated below: HEALTH DEPARTMENT OR DEPARTMENT shall mean the Orange County Health Department. HEALTH OFFICER shall mean the County Health Officer or his deputy or assistant duly authorized to act in his behalf in case of his absence or incapacity. INSPECTOR shall mean a sanitarian, as defined in California Health and Safety Code Section 540, employed by the Health Department or the Health Officer or any deputy health officer authorized to inspect food - handling establishments or equipment for the enforcement of this Article. FOOD - HANDLING ESTABLISHMENTS shall include land, buildings, vehicles, ships and other vessels wherein food is handled, stored, distributed, prepared, processed, served or -1- • • is sold, and also equipment installed or used in food - handling establishments. BAKERY shall be as defined in Section 28190 of the California Health and Safety Code. FOOD PROCESSING ESTABLISHMENT shall be as defined in Section 28280.1 of the California Health and Safety Code. RESTAURANT shall be as defined in Section 28522 of the California Health and Safety Code. ITINERANT RESTAURANT shall be as defined in Section 28523 of the California Health and Safety Code. RETAIL FOOD PRODUCTION AND MARKETING ESTABLISHMENT shall be as defined in Section 28802 of the California Health and Safety Code. VEHICLE shall be as defined in Section 28524 of the California Health and Safety Code. 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. ICE PLANT, SELF- CONTAINED ICE PLANT, AND ICE DISTRIBUTOR shall be as defined in Section 4003 of the California Health and Safety Code. 6.08.020 Permit Required; Conditions and Terms. (A) It shall be unlawful for any person or other legal entity to operate any food - handling establishment in which food is prepared, sold, processed or manufactured, or served for public consumption without first applying for and receiving a Food Vending Permit for such operation issued by the Health Department under the provisions of this ordinance. Retail food production and marketing establishments shall not be subject to the provisions of this ordinance. (B) The food - handling establishments to which this ordinance applies shall include, but not be limited to, any restaurant, itinerant restaurant, food vehicle, food vessel, -2- • • is bakery, food processing establishment and ice plant located in the City of Newport Beach and any vending machine business operating vending machines in the City of Newport Beach regard- less of the location of the facilities from which they are served. (C) 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 location of the food - handling establishment, the character of the establishment which is proposed to be conducted, and such other information as the Health Department may require. (D) No permit shall be granted, renewed or reinstated unless the Health Department determines, upon making an investigation, that the food - handling establishment for which the application is made is equipped, operated and maintained in a safe, sanitary and healthful manner, and that no conditions exist in the establishment which are, or which may be, unsafe, unsanitary, unwholesome or detrimental to the health of the patrons, consumers, employees or the general public. (E) Nor shall a permit be granted, renewed or reinstated unless the Health Department determines that the condition of the food - handling establishment is in accordance with the requirements of all applicable provisions of the California Health and Safety Code, of this ordinance, and of all rules and regulations promulgated under the sections below, and that said food - handling establishments are capable of being operated in accordance with such laws and regulations. (F) Permits may be granted at any time during the year, but all permits shall expire at the end of the calendar year. Each permit shall be posted in a conspicuous place on the food - handling establishment or vehicle for which it is issued. 6.08.030 Construction, Conversion and Alteration. Prior to the construction, conversion or alteration of any -3- food - handling establishment, or construction or purchase of a model of vehicle not previously under permit to any person in the City, three (3) copies of the plans and specifications therefor shall be submitted to the Health Department. The Health Officer or his authorized deputy shall thereafter issue his certificate stating what modifications, if any, he deems required for compliance with applicable laws and ordinances. 6.08.040 Building Permits. The Building Department of the City of Newport Beach shall notify the Health Department when plans are received to build or remodel a food establishment. 6.08.050 Sanitation Requirements. (A) All food- handling establishments for which a permit is required by this ordinance shall be constructed, equipped, operated and maintained so as to comply with the pertinent sections of the California Health and Safety Code. In addition, at least a single- compartment janitorial sink with hot and cold running water, or other approved facilities, shall be provided for general clean -up purposes. • (B) A hand lavatory shall be provided in each food preparation and packaging area for employees. 6.08.060 Suspension of Permits. A permit issued under this Article may be suspended under the procedure set forth in Sections 6.08.070 through 6.08.100 for any of the following reasons: (A) Violation of State law; (B) Violation of this ordinance. 6.08.070 Notice of Violation. When any of the aforesaid laws, this ordinance, or rules and regulations have been violated, an inspector may serve written notice thereof entitled 'Notice of Violation', specifying: (A) The acts and conditions constituting each violation; • (B) The provision or provisions violated thereby; -4- (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 request; and, (F) That if no hearing is requested, and if the Health Department does not receive notice that all such corrections have been made before 9:00 A.M. of the date named under subparagraph D, or within fifteen (15) days after service of the written notice, whichever comes first, the permit will be suspended from that time until such violations are corrected. 6.08.080 Hearing. The permit holder shall have the right to a hearing on all violations listed in the notice. The permit shall, however, be suspended unless the Department receives from the permit holder, before 9:00 A.M. of the date specified under Section 6.08.070 (D), a written or oral request for a hearing, or notice that all violations have been corrected as specified. • The hearing shall be held by the Health Officer or his duly authorized representative who is a qualified sani- tarian as defined in Section 540 of the California Health and Safety Code and registered as provided in Section 542 thereof, but shall not be the inspector who reported the violations or who inspected any.corrective measures taken. The hearing shall be set not more than five (5) working days after the permit holder requests a hearing. The person conducting the hearing shall make a written order as'to each alleged violation listed on the notice and shall deliver a signed copy thereof to the permittee. As to each violation, the order shall either (A) Suspend the permit until it is corrected; or • (B) Extend the time or modify the measures to be taken for correction before suspension; or -5- • • • (C) Declare that the violation has been corrected so as to comply with the applicable law; or (D) Declare that there was no violation. 6.08.090 Suspension for Refusal of Entry. It shall be a violation of this ordinance for any person to deny or hinder entry to any inspector for the purpose of inspecting any of the food - handling establishments described in Section 6.08.010 above, or any portion thereof; and, in such event the inspector may forthwith suspend the Food Vending Permit issued for the establishment. 6.08.100 Suspension. Whenever an inspector finds unsanitary or other conditions in the operation of any food establishment which constitute an immediate and substantial hazard to the public health, he shall issue a written notice to the permit holder or person in charge of the food - handling establishment stating that the permit is immediately suspended and shall set forth the substance of the suspension as pro- vided in Section 6.08.070. Any person to whom such an order is issued shall immediately comply therewith, and, upon request made to the inspector who orders the suspension, or the Health Officer or his authorized representative, either personally or by telephone or in writing, such person shall be afforded a hearing as provided in Section 6.08.080, and notice of the hearing may be given in the same manner as the request. In each case where the permit holder refuses to voluntarily close his food handling establishment; the Health Officer shall notify the City Attorney who shall take action as he deems appropriate to gain compliance with this Chapter. 6.08.110 Supervision of Closing Down Premises. When any permit is first suspended hereunder, or when any food - handling establishment governed hereby as defined in Section 6.08.020 shall have been closed for business and left in an unsanitary condition, the Health Department shall have the power to enter to insure that the food - handling establishment is closed down aM • 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 food - handling establishment, the owner fo the food- handling establishment shall be notified of the unsanitary conditions and shall be required to take such remedial action as may be necessary to obviate such condition. 6.08.120 Rules and Regulations. The Health Officer may adopt and enforce rules and regulations necessary to administer this Article including regulations pertaining to: (A) Forms for application, permits and notices; (B) Forms and procedures for hearings upon the granting, denying, suspending, revoking or reinstating of permits; (C) Inspections of food - handling establishments and reporting thereof. 6.08.130 Administration. The City of Newport Beach hereby authorizes the Orange County Health Department to adminis- ter and enforce the provisions of this Chapter subject to the following provisions: (A) That said Orange County Health Department shall enforce and administer this Chapter in liaison and cooperation with the City of Newport Beach. (B) That the City Council of the City of Newport Beach hereby reserves the authority to review any judgment or decision rendered through the administration and enforcement of this Chapter, and for just cause reserves the right to direct the County Health Department to grant a variance from..any judgment or decision rendered under the provisions of this Chapter. 6.08.140 Appeal. Any permit holder aggrieved by a decision by.the Health Officer in administering this Chapter may appeal to the City Council by filing a written appeal within ten (10) days of the date the Health Officer renders his final decision, after a hearing, as provided in Section 6.08.080. The decision of the City Council on appeal shall be final. -7- . ° SR • • • 6.08.150 Penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished pursuant to the provisions of Section 1.04.010 of this Code." SECTION 2. This ordinance shall be published once in the official newspaper of the City, and the same shall be effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of January , 1975, and was adopted on the _ 10th day of February following vote, to wit: ATTEST: CYty Clerk CERTIFIED AS THE ORIGINAL AND CERTIFIED AS TO PUBLICATION 4�EII 14,19 5 a1C RK OF THE O FORT REACX 1975, by the AYES, COUNCILMEN: McInnis, Dostal, Barrett, Kuehn, Rogers, Ryckoff, Store NOES, COUNCILMEN: None ABSENT COUNCILMEN: None DDO /bc 1/31/75