HomeMy WebLinkAbout1832 - Mobile Food Preparation VehiclesORDINANCE NO. 1832
AN ORDINANCE OF THE CITY OF NEWPORT BEACH
AMENDING SECTION 6.08.010 AND 6.08.020 OF
THE NEWPORT BEACH MUNICIPAL CODE AND ADDING
SECTION 6.08.042 AND 6.08.044 TO THE NEWPORT
BEACH MUNICIPAL CODE DEALING WITH THE
REGULATION OF MOBILE FOOD PREPARATION
VEHICLES
The City Council of the City of Newport Beach
DOES ORDAIN as follows:
SECTION 1. Section 6.08.010 of the Newport
Beach Municipal Code is hereby amended to add definitions
of the words Health Department or Department, Mobile Food
Preparation Vehicle, premises, and vending machine. Said
definition shall read as follows and be added to Section
6.08.010 of the Newport Beach Municipal Code:
HEALTH DEPARTMENT or DEPARTMENT shall mean the
Public Health and Medical Services of the Orange County Human
Services Agency.
MOBILE FOOD PREPARATION VEHICLE shall mean any
vehicle or portable food service unit upon which food is
cooked, wrapped, packaged, processed, or portioned for service,
sale or distribution.
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 on such
premises.
VENDING MACHINE shall be as defined in Section
28525 of the California Health and Safety Code.
SECTION 2. Section 6.08.020 of the Newport
Beach Municipal Code is hereby amended to read as follows:
• (A) It shall be unlawful for any person or other
legal entitly to operate any restaurant, itinerant
restaurant, mobile food preparation vehicle, vehicle,
vending machine business, bakery, food processing establish-
ment, ice plant, self- contained ice plant or act as an
ice distributor without first applying for and receiving
a food vending permit issued by the Health Department
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under the provisions of this article. Retail food
production and marketing establishments shall not be
subject to 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 prep -
aration vehicle shall, in addition, provide a list
of three service stops which shall include the address
or exact location and time of each stop. A revised
list shall be submitted whenever changes occur.
(C.) No permit shall be granted, renewed or re-
instated unless the Health Department determines, upon
making an investigation, that the place of business for
which the application is made is equipped, operated and
maintained in a safe, sanitary and healthful manner,
and that no conditions exist on the premises which are, or
which may be unsafe, unsanitary, unwholesome or detrimental
to the health of the patrons, consumers, employees
or the general public.
(D.) Nor shall a permit be granted, renewed or
reinstated unless the Health Department determines that the
condition of the premises is in accordance with the
requirements of all applicable provisions of the California
Health and Safety Code of this article and of all rules
and regulations promulgated under Section 6.08.120
below, and that said premises are capable or being
operated in accordance with such laws and regulations.
(E.) 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 premises or vehicle for which
it is issued.
(F.) Any permit previously issued to a mobile
food preparation vehicle shall be suspended beginning
90 days after the effective date of this subsection unless
the permittee presents such vehicle to the Health Department
and the Health Department.certifies that such vehicle
is in full compliance with the applicable requirements
of Sections 6.08.042 and 6.08.044 as well as all other
applicable provisions of the Health and Safety Code and
of this article. The Health Officer may grant an ex-
tension of time for compliance with the aforesaid
requirements of Sections 6.08.042 and 6.08.044, if he
finds that the applicant has made a good faith effort to
comply but cannot do so for reasons beyond his control,
such as inadequate capacity of equipment fabrication
contractors. In such instances the applicant shall
present a written request for an extension documenting
the steps already undertaken, the reasons compliance
cannot be achieved within the prescribed time period,
and a timetable for full compliance. Extensions shall
not be granted for compliance with the requirements of
. Sections 6.08.044(B) concerning the design and construction
of lids for deep fat fryers."
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SECTION 3. Section 6.08.042 is hereby added to
the Newport Beach Municipal Code to read as follows:
"Section 6.08.042. Mobile Food Preparation Vehicles.
In addition.to all other applicable provisions of
the Health and Safety Code and of this article, mobile food
preparation vehicles shall comply with the following 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 vehicle.
(B.) All equipment installed in any part of
the vehicle 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 vehicle, 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 fixutres shall be recessed
or flushmounted 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 188 cm (76 inches) or the fixture
shall be installed out of the traffic aisle or work area.
(F.) High voltage (110 -220 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 183 cm (6 feet). Outside electrical
connection receptacles shall be of weatherproof design
with cover.
(G.) Attached, firmly anchored seats with
backrest, 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 35.5 cm x 35.5 cm (14 inches x 14 inches) in
size. All occupants shall be seated, shall wear seat
belts and shall not cook or prepare food while the
vehicle is in motion. Signs setting forth the latter
three (3) requirements shall be posted in both English
and Spanish.
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(H.) A first aid
Officer shall be provided
area in an enclosed case.
kit approved by the Health
and located in a convenient
(I.) All pressure cylinders shall be securely
fastened to a rigid structure of the vehicle. 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 compart-
ment, 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
vehicle.
(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 vehicle 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
applicance.
(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 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 Marshall- 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,"
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SECTION 4. Section 6.08.044 of the Newport
Beach Municipal Code is hereby added to read as follows:
"Section 6.08.044. Mobile food preparation
vehicle; additional requirements.
to In addition to the requirements specified in
Section 6.08.042 above, mobile food preparation vehicles,
which operate at more than one 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 vehicle 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.
(D.) Safety exit facilities. An alternate means
of exit in the side opposite the main exit door, or the
roof, or the rear of the vehicle, with unobstructed passage
of 61 cm x 61 cm (24 inches x 24 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 2.54 cm (1 inch) high
letters."
SECTION 5. 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
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(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 vehicle. Such lids shall be designed and constructed
so as to prevent buildup which could result in an
explosion. All lids shall be kept positively closed while
the vehicle is in motion. Signs setting forth the latter
requirement shall be posted in both English and Spanish.
(C.) Water bath or steam hot food insert warming
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
vehicle. 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 vehicle is in motion. Signs setting forth the latter
requirement shall be posted in both English and Spanish.
(D.) Safety exit facilities. An alternate means
of exit in the side opposite the main exit door, or the
roof, or the rear of the vehicle, with unobstructed passage
of 61 cm x 61 cm (24 inches x 24 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 2.54 cm (1 inch) high
letters."
SECTION 5. 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
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on the 10th day of
was adopted on the
7th
December , 19 80 , and
day of January , 1980
by the following vote, to -wit:
ATTEST:
CITY CLERK
CERTIFIED AS THE ORIGINAL AND
i .
CERTIFIED AS TO PUBLICATION
JAN 11 1980
.,.
DATE ...... _............_.___._
._........._._._....._ ........ .....
CITY CLERK OF THE CITY OF NEWPORT Cop
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AYES, COUNCILMEN Ryckoff, Williams,
Hart, Humiel, Heather, McInnis and Strauss
NOES, COUNCILMEN
ABSENT COUNCILMEN
cm
MAYOR
HRC /ap
12/3/79