Ordinance No. 655ORDINANCE NO. 655
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING SECTIONS 13 -1.1
AND 13 -1.2 OF, AND ADDING SECTIONS 13 -2
AND 13 -3 TO, THE CODE OF THE CITY OF CYPRESS
RELATING TO THE REGULATION OF MOBILE FOOD
PREPARATION VEHICLES
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES
ORDAIN AS FOLLOWS:
SECTION 1. Section 13 -1.1 of the Code of the City of
Cypress hereby is amended to revise or add the following
definitions:
Health Department or Department shall mean the
Public Health and Medical Services of the Orange
County Human Services Agency.
Itinerant restaurant shall be as defined in section
28523 of the California Health and Safety Code.
Mobile food preparation vehicle shall mean any
vehicle or portable food service unit upon
which food is cooked, wrapped, packaged, pro-
cessed, or portioned for service, sale or dis-
tribution.
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 13 -1.2 of the Code of the City of
Cypress hereby is amended to read as follows:
Sec. 13 -1.2 Permit required, conditions and terms.
(a) It shall be unlawful for any person or other
legal entity to operate any restaurant, itinerant res-
taurant, mobile food preparation vehicle, vehicle,
vending machine business, bakery, food processing estab-
lishment, ice plant, self- contained ice plant or act as
an ice distributor without first applying for and re-
ceiving a food vending permit issued by the Health
Department under the provisions of this article. Re-
tail 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 appli-
cation 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
171
172 require. Applicants for a permit to operate a mobile
food preparation vehicle shall, in addition, pro -
vide 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 rein-
stated 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 Cali-
fornia Health and Safety Code of this article and of
all rules and regulations promulgated under section
13 -1.2 below, and that said premises are capable of
being operated in accordance with such laws and regula-
tions.
(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 con-
spicuous 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 13 -2 and 13 -3 as well as all other applic-
able provisions of the Health and Safety Code and of
this article. The Health Officer may grant an extension
of time for compliance with the aforesaid requirements
of sections 13 -2 and 13 -3, 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 cap-
acity of equipment fabrication contractors. In such
instances the applicant shall present a written request
for an extension documenting the steps already under-
taken, the reasons compliance cannot be achieved within
the prescribed time period, and a timetable for full
compliance. Extensions shall not be granted for com-
pliance with the requirements of section 13 -3(b) con-
cerning the design and construction of lids for deep
fat fryers.
SECTION 3. Section 13 -2 hereby is added to the Code of
the City of Cypress to read as follows:
-2-
Sec. 13 -2. 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 follow-
ing 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 dur-
ing 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 manufac-
tured of materials approved by the Health Officer.
(e) Ceiling light fixtures 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 in-
stalled 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 receptables shall be of weatherproof design
with cover.
(g) Attached, firmly anchored seats with backrests,
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 mech-
anism. 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) re-
quirements shall be posted in both English and Spanish.
(h) A first aid kit approved by the Health Officer
shall be provided and located in a convenient area in
an enclosed case.
-3-
173
174
(i) All pressure cylinders shall be securely
fastened to a rigid structure of the vehicle. All
liquefied petroleum gas (LPG) equipment shall be in-
stalled as follows:
(i) 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 com-
partment, 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 down-
ward.
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 pro-
tected against chafing.
(7) Expansion and contraction bends shall
be made in the tubing between the tank and the
appliance.
(8) ASME- approved LP -gas tubing or standard
weight pipe shall be used throughout.
(9) Every appliance fueled by LP -gas shall
be provided with an ADME- approved device which will
automatically shut off all gas to the appliance if
the pilot light should be extinguished.
(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.
-4-
(j) A minimum 5 B.C. -rated portable fire extin-
l‘ L 175
guisher (UL or State Fire Marshall- approved design) shall
be installed in plain sight and within each reach, im-
mediately inside the front driver's door. The extin-
guisher shall be replaced or recharged after each use.
SECTION 4. Section 13 -3 hereby is added to the Code of
the City of Cypress to read as follows:
Sec. 13 -3. Mobile food preparation vehicles; addi-
tional requirements.
In addition to the requirements specified in Section
13 -2 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 compart-
ment 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 pro-
tective sleeves on the glass liquid level sight gauges.
(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 con-
structed so as to prevent pressure buildup which could
reault in an explosion. All lids shall be kept posi-
tively 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 surg-
ing in transit. All such tables, as well as dry heat
units, their insert food containers and similar equip-
ment 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 con-
structed 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
shall be operable by hand without special tools or
key. The exit shall be labeled "Safety Exit" in con -
trasing colors with at least 2.54 cm (1 inch) high
letters.
-5-
SECTION 5. Severability. If any section, subsection,
'subdivision, sentence, clause, phrase or portion of this
Ordinance, or the application thereof to any person or
place, is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent jurisdic-
tion, such decision shall not affect the validity of the
remaining portions of this Ordinance or its application to
other persons or places. The City Council hereby declares
that it would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase or portion
thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses,
phrases, or portions, or the application thereof to any
person or place, be declared invalid or unconstitutional.
SECTION 6. The City Clerk is hereby authorized and
directed to certify as to the passage of this ordinance and
to give notice thereof by causing copies of this ordinance
to be posted in three public places within the City.
FIRST READ at a regular meeting of the City Council of
said City held on the 25th day of February 1980, and
finally ordered posted at a regular meeting of said Council
held on the 10th day of March 1980.
M OR OF T CITY OF CYPRESS
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
I, DARRELL ESSEX, City Clerk of the City of Cypress,
DO HEREBY CERTIFY that the foregoing ordinance was duly
adopted at a regular meeting of the said City Council held
on the 10th day of March 1980 by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Evans, Hudson, Lacayo, MacLain
and Rowan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE`CITY OF CYPRESS
-6-