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Ordinance No. 31934: ) ORDINANCE NO 319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS AMENDING CHAPTER 13, ARTICLE I OF THE CYPRESS CITY CODE, RELATING TO THE ISSUANCE OF PERMITS FOR FOOD HANDLING BUSINESSES, AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN AS FOLLOWS Chapter 13, Article I of the Cypress City Code is hereby amended to read in its entirety as follows ARTICLE I FOOD HANDLING BUSINESSES Section 13-1.1 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 which acts as the health department of the City pursuant to resolution made under the provisions of Section 476 and 477 of the Health and Safety Code of the State of California HEALTH OFFICER shall mean the County Health Officer or his deputy or assistant duly authorized to act in this behalf in case of his absence or incapacity INSPECTOR shall mean a sanitarian, as defined in Health and Safety Code Section 540, 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 Ordinance 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 Section 13-1 2 Permit required; conditions and term (a) It shall be unlawful for any person or other legal entity to operate, within the City of Cypress, any business in which food is prepared, sold or served for public consumption upon the premises or elsewhere or any food processing or manufacturing plant, or any store, vehicle, vessel or facility for the sale, storage or retail or wholesale distribution of foods or beverages, without first applying for and receiving a Food Vending Permit for such operation issued by the Health Department under the provisions of this Ordinance (b) The places of business for which such permits are required shall include, but shall not be limited to, any restaurant, cafe lunch counter, cafeteria, soda fountain, ice cream parlor, soft drink stand, fruit and vegetable stand, grocery, meat market, bakery, popcorn or peanut stand, bottling plant, wholesale warehouse, food vending vehicle and vessel and businesses which service vending machines located in the City of Cypress, regardless of the location of the facilities from which suc vending machines are serviced (c) This Ordinance shall not apply to cigar stands or other places of business or vehicles where no food of any kind is sold, other than candy, or soft drinks received and sold in sealed containers, nor to vehicles engaged in the delivery of food products to wholesale or retail establishments for resale (d) 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 business, the character of the business which is proposed to be conducted and such other information as the Health Department may require Ordinance No. 319 (e) No permit shall be granted, renewed or reinstated unless the Health Department determines upon making an investigation that the place of business for which the application is made is equipped, operated and main- tained 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 (f) 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 the ordinances of the City of Cypress of this Ordinance and of all rules and regulations promulgated under Section 12 below, and that said premises are capable of being operated in accordance with such laws and regulations Section 13-1.3 Construction, conversion and alteration. Prior to the construction, conversion or iteration of a building for use as a food establishment, or construction or purchase of a model of vehicle not previously under permit to any person in the City, two 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. Section 13-1 4 Sanitation requirements All businesses and premises for which a permit is required by this Ordinance shall be constructed, equipped, operated and maintained so as to comply with the following sanitation requirements. (a) Ingredients used in the preparation of foods or beverages, and all foods or beverages shall, at all times, be pure, free from adultera- tion and spoilage, shall have been obtained from approved sources, when such approval is required by law, and shall otherwise by fully fit for human consumption (b) All foods, beverages, utensils and equipment shall, at all times, be protected from contamination and pollution by dust, dirt, flies, vermin, rodents, animals, unnecessary handling, droplet infection overhead leakage, insecticides, rodenticides cleaning compounds and other poisonous or deleterious substances, and all other forms of contamination (c) All readily perishable foods or beverages, and any foods or beverages capable of supporting the rapid and progressive growth of micro- organisms which can cause food infections or food intoxications, shall, when being held, stored, distributed, transported or displayed for sale or service, be maintained at or below a temperature of 50° F All such foods or beverages, when being maintained hot for serving or while being served hot, shall be kept at a temperature above 140° F No such foods or beverages shall be held at such temperatures for such periods of time and under such conditions which can cause food intoxication or infection Accurate thermometers shall be installed in all refrigerators and food warming devices so as to be readily visible• and thermometers shall be readily available for measuring the temperatures of perishable foods (d) All employees preparing, serving, or handling food shall wear clean washable outer garments or other clean uniforms and shall keep their hands clean at all times while engaged in handling food beverages, or utensils All such food handlers shall wash their hands and arms with soap or detergent and warm water before commencing work after using toilet facilities and before returning to work, and at such other times as are necessary to prevent contamination of food All employees shall wear hairnets, caps, headbands, or other suitable coverings which confine the hair Wherever practical, employees serving food shall use tongs or other implements rather than their hands The use of tobacco in any form by any employee while handling or serving food, beverage, or utensils is prohibited No employee or other person shall use tobacco in aiy form in any room or space used primarily for the prepara- tion of food, and the employer shall post and maintain "No Smoking' signs in such rooms or places nrdinanrp Nn. 119 14!) (e) No person shall be employed in connection with a food establishment who, in the opinion of the Health Officer, is affected with, or a carrier of, any disease in a state which is likely to be communicable to persons exposed as a result of the affected employee's normal duties as a food handler (f) All premises shall be so constructed, equippped, operated and maintained so as to prevent the entrance, harborage and breeding of rodents, flies, insects and other vermin The doors, windows and other openings of all premises shall be fitted with self-closing doors, screens or other mechanical devices to effectively exclude flies and other insects (g) The floor surfaces of all rooms in which foods or beverages are stored or prepared, utensils are washed, or refuse or garbage is stored, and the floor surfaces of toilet, lavatory, dressing or locker rooms, and of walk-in refrigerators shall be of smooth hard, impervious easily cleanable construction and material The walls and ceilings of all such rooms shall be constructed of light-colored, smooth, impervious washable material except that the walls of rooms used for the storage of foods in unopened original containers may be of other easily cleanable construction (h) All rooms and areas shall be provided with sufficient lighting to facilitiate sanitary food handling and cleaning procedures, and to prevent safety hazards (i) Sufficient ventilation shall be provided in all rooms and areas to dissipate disagreeable odors, condensation, steam, grease and vapors , combustion products and other atmospheric pollutants, and ventila- tion shall be sufficient to provide a reasonable condition of comfort for employees All cooking equipment shall be provided with mechanical exhaust ventilation equipment, as required to remove cooking odors, steam grease, vapors and combustion products (j) The water supply shall be from a source approved by the Health Officer All plumbing shall be installed, maintained and operated so as to prevent potential contamination of the water supply foods and utensil washing equipment Hot and cold running water under pressure shall be provided in all areas in which food is prepared or utensils are washed, and such areas shall be provided with at least a two-compartment sink, with drainboards, constructed of metal or other impervious material approved by the Health Officer At least a single -compartment janitorial sink with hot and cold running water shall be provided for general clean-up activities in all food handling businesses, except vehicles (k) Suitable space of adequate size to allow orderliness and cleanliness shall be provided for all food handling operations and the storage of foods beverages and equipment Adequate and suitable enclosed space shall be provided for the storage of janitorial and maintenance supplies and equipment (1) All multi -use utensils display cases, counters, shelves, racks tables, refigeration equipment, sinks and other equipment or utensils used in the preparation, service, storage, distribution, or display of foods or beverages shall be made of non-toxic materials and so constructed, installed and maintained as to be readily cleaned, and shall be kept clean and in good repair All equipment and utensils shall be washed and sanitized according to methods approved by the Health Officer (m) With the exception of vehicles toilet facilities shall be provided on the premises and convenient to employees Where there are five or more employees of different six, separate toilets shall be provided for each sex Toilet rooms shall be separated from other portions of the premises by tight -fitting self-closing doors Hand -washing facilities shall be provided for employees within or adjacent to toilet rooms, and shall be equipped with hot and cold running water through a mixing -type faucet Handwashing detergent or soap and sanitary towels in dispensers shall be provided at handwashing basins (n) Except for vehicles, a room or enclosure, separated from toilets or any food storage or food preparation area shall be provided where employees may change and store their outer garments. No employee shall dress or undress or store his clothing in any other area on the premises Ordinance No. 'tl4 (o) All sewage and liquid wastes shall be discharged into the public sewerage system or into an individual sewerage disposal system approved by the Health Officer (p) All premises shall be provided with such facilities and equipment as are necessary to properly store or dispose of all waste materials All food waste and rubbish containing food waste shall be kept in tight, nonabsorbent, rodent -proof containers covered with tight -fitting lids The containers shall be maintained in a clean and sanitary condition All food waste and rubbish shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent a nuisance (q) Living and sleeping quarters shall be separated entirely, by a solid partition, from the food handling business. No couch cot, bed or other sleeping accomodation shall be maintained or kept in any room where food is prepare, stored or served (r) The premises, equipment and all utensils shall be kept clean and sanitary, free of vermin and in good repair. No live animal, bird, or fowl shall be kept or allowed in any food establishment, with the exception of dogs used by the blind Section 13-1 5 Suspension of permits. A permit issued under this Ordinance or its predecessor may be suspended, under the procedure set forth in Secs 13-1 6 through 13-1 10 for any of the following reasons: (a) violation of State law (b) violation of this Ordinance, (c) violation of the rules and regulations adopted pursuant to Sec 13-1 12, or (d) upon a recommendation for revocation of the permit, pending a hearing thereon. Section 13-1.6 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 (c) The corrective steps required (d) The date by which all such corrections must be comply ed, 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 (d) above, the permit will be suspended from that time until such violations are corrected Section 13-1.7 Hearing The permit holder shall have the right to a hearing, on all viola- tions 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 Sec 13-1 6(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 author- ized representative who is a qualified Sanitarian as defined in Section 540 of the 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 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 (c) declare that the violation has been corrected so as to comply with the applicable law or (d) declare that there was no violation Ordinance No. 319 142 Section 13-1 8 Revocation for repeated violations. If there shall have been three or more Notices of Violation issued within the 12 month period immediately preceeding the current viola- tion as to the premises in question as provided in Section 13-1 7, and not overruled upon hearing, the order of the person conducting the hearing or, if no hearing is held, of the inspector, who is responsible for the third such notice shall recommend to the Health Officer whether or not the permit shall be revoked as provided below If it is so recommended, the permit may be ordered suspended forthwith, by the Health Officer pending the hearing on such proposed revocation. Upon such a recommendation for revocation by the person conducting the hearing, the permit in question may be revoked by the Health Officer after hearing upon his finding that such violations were serious enough and showed such lack of responsibility towards the public health as to require such revocation to protect the public health. Section 13-1.9 Suspension for refusal of entry It shall be a violation of this Ordinance for any person to deny or hinder entry by any inspector for the purpose of inspecting any of the premises described in Sec 13-1 2, above, or any portion thereof, and in such event the inspector may forthwith suspend the Food Vending Permit issued for the premises Section 13-1.10 Summary suspension Whenever an inspector finds unsanitary or other conditions in the operation of any food establishment which, in his judgment 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 premises as provided in Sec 13-1 7 above, except that instead of the matter specified under (f), it shall state that the permit is immediately suspended and shall set forth the substance of the following sentence Any person to whom such an order is issued shall immediately comply therewith, but, upon request made to the inspector who orders the suspension, or to the Health Officer or his authorized representative, either personally or by telephone or in writing, he shall be afforded a hearing as soon as possible, and notice of its setting may be given in the same manner as the request Section 13-1 11 Supervision of closing down premises. When any permit is first suspended hereunder, or when any premises governed hereby as defined in Sec 13-1 2 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 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 unsani- tary conditions and shall be required to take such remedial action as may be necessary to obviate such condition Section 13-1 12 Rules and regulations. The Health Officer may adopt and enforce rules and regulations necessary to adminster this Ordinance including 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 report thereon Section 13-1.13 Penalty. Any person violating any of the provisions of this Ordinance shall be d`emed guilty of a misdeameanor Section 13-1.14 This Ordinance shall take effect thirty days from and after the date of its adoption Ordinance No. 319 PASSED AND ADOPTED by the City Council of the City of Cypress, at a regular meeting held on the 25th day of July, 1966 ATTEST. CITY CLERK OFe7i/ CITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS e r� MAYOR OF THE CIT F CYPRESS I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the foregoing Ordinance was adopted at a regular meeting of the said City Council held on the 25th day of July 1966 by the following vote: AYES. 5 COUNCILMEN. Bowen, Harvey, Kanel, McCarney, and Noe NOES: 0 COUNCILMEN: None ABSENT: 0 COUNCILMEN: None ITY CL OFTCITY OF CYPRESS Ordinance No 319