HomeMy WebLinkAbout58- Hot Dog Cart Randchic Enterprises, Inc ,
13370 E. Firestone Blvd., Suite C
Santa Fe Springs, CA 90670
(213) 802-8904
February 24, 1988
Honorable Mayor and Common Council
City Hall
300 North "D" Street
San Bernardino, CA 92418
Re: Hot Dog Vending Ordinance
Dear Mayor and Common Council:
At the last meeting of the City Council, the recommendation for denial of
an ordinance allowing hot dog carts from the Legislative Review Committee was
received and filed. The Legislative Review Committee further recommended that
if there was new evidence, it could be presented at the next Council meeting
We would appreciate your consideration of new evidence in the form of the
attached proposed ordinance at the meeting of March 7, 1984. The ordinance is
designed to alleviate the objections raised at the February 4, 1985, meeting
of the Legislative Review Committee. It is narrowly drawn and restrictive in
its scope.
Any suggestions or input prior to the Council meeting of March 7, 1983,
would be sincerely welcomed.
;Ver truly you ,
T '.
Mz
Steven F. Smith
Phone: 864-8034
cc: Robert Larue, Rand Chic Enterprises
Attach: 1
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTIONS 5.04.495, 19.28.020
and 19.34.020 OF THE SAN BERNARDINO MUNICIPAL CODE RELATING TO BUSINESS LICENCES
AND THE C-3 AND C-M ZONING DISTRICTS TO PERMIT HOT DOG VENDING CARTS IN STATIONARY
LOCATIONS WHEN USED FOR THE COOKING, PREPARATION AND SALE OF HOT DOGS SUBJECT TO
REVIEW OF PLANS AND APPROVAL OF THE COUNCIL DEVELOPMENT COMMITTEE.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:
SECTION 1 . Section 5.04.495 of the San Bernardino Municipal Code is amended to
read as follows:
"5.04.095 Transient merchants prohibited-exceptions.
A. It shall be unlawful to sell merchandise, foodstuffs , stuffed animals ,
fruits , vegetables , medicine, eggs, furniture, bakery goods , or similar
items from a temporary stand upon any public street, alley or other
public place, doorway of any room or building, unenclosed building ,
or vacant lot, or parcel of land except as permitted in this Section.
B. A "hot dog vending cart" as used in this Code shall mean a hot dog vending
push cart which has and maintains a valid health food permit with an
approved commissary issued by the San Bernardino County Environmental
Health Department and remains at an approved stationary location while
conducting business operations in a zonning district permitting such use.
C. For every person, firm or corporation engaged in or carrying on the
business of operating a hot dog vending cart for the cooking, preparation
and sale of hot dogs and soft drinks for human consumption, the license
fee is twenty dollars per quarter per hot dog vending cart. "
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SECTION 2. Section 19.28.020 Subsection C of the San Bernardino Municipal is
amended by adding thereto Number 25 to read as follows:
"25. Hot dog Vending Carts placed in an open stationary location near the
entrances to enclosed retail sales buildings with no seating permitted and
used exclusively for the cooking, preparation and sale of hot dogs, subject
to Review of Plans and the following conditions of approval :
A. A set back of at least 150 feet from the street.
B. Prohibition against vending to street or public sidewalk traffic.
C. Requirement of removal or causing the removal of debris generated by the
vending operations in a timely manner.
D. Approval of the Council Development Committee or other body designated
by the City Council and subject to any conditions imposed which relate to
the impact of the operations upon the surrounding neighborhood.
E. Approval by the San Bernardino County Environmental Health Department of each
Hot Dog Verlinn Cart and commissary as evidenced by its permit which must be
valid and displayed at all times.
F. Prohibition against locating said Cart within 150 feet of any restaurant
facility during its operation.
G. The Mayor and Common Council may revoke the business license of any licensee
of a hot dog vending cart for a violation of any condition of approval . "
SECTION 3. Section 19.34.020 of the San Bernardino Municipal Code is amended by
adding thereto Subsection B to read as follows:
"B. Hot dog vending carts as set forth in and subject to the conditions and
regulations of No. 25 of Subsection C of Section 19.28.020 of this Code. "
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o S
CALIFORNIA UNIFORM RETAIL
FOOD FACILITIES LAW
EXCERPT FROM THE CALIFORNIA HEALTH AND SAFETY CODE
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REPRINTED WITH ADMENDMENTS
Through January 1 , 1987
1987
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
714 P STREET, SACRAMENTO 95814
PUBLISHED BY THE CALIFORNIA ASSOCIATION OF ENV RONMENTAL
ADMINISTRATORS IN COOPERATION WITH CALIFORNIA TATE
DEPARTMENT OF HEALTH SERVICES
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department. The department shall adopt regulations to govern the
notice required by this section in order to effectuate the
purposes of this section.
Article 7. Sanitation Requirements for food
Facilities
27600. This article governs sanitation requirements for food
facilities as defined in this chapter.
27601. All potentially hazardous food shall be held at or below
7 degrees Celsius (45 degrees Fahrenheit) or shall be kept at or
above 60 degrees Celsius (140 degrees Fahrenheit) at all times.
A thermometer accurate to plus or minus 1 degree Celsius (2
degrees Fahrenheit) shall be provided for each refrigeration
uriit, shall be located to indicate the air temperature in the
warmest part of the unit and, except for vending machines, shall
be affixed to be readily visible. Containers of potentially
hazardous food displayed for service may be placed in an ice bed
or held by a similar means which maintains the food at or below 7
degrees Celsius (45 degrees Fahrenheit) . Except for vending
machines, an accurate easily readable metal probe thermometer
suitable for measuring the temperature of food shall be readily
available on the premises.
27602. Raw duck, which otherwise would be readily perishable,
shall be exempt from the provisions of Section 27601 for a period
not to exceed two hours, if the duck will subsequently, be cobked
at or above a temperature of 177 degrees Celsius (350 degrees
Fahrenheit) for at least 60 minutes.
(a ) whole Chinese-style roast duck shall be exempted from
Section 27601 for a period not to exceed four hours after the
duck is prepared, since the methods used to prepare these foods
inhibit the growth of microorganisms which can 'cause food
infections or food intoxications.
Nothing in this section shall be construed to supersede any
provision of this chapter except the provisions specified in this
section.
(b) For the purpose of this section, "Chinese-style roast
duck shall include, but is not limited to, Chinese-style
barbecue duck, dry hung duck, and Peking duck. Chinese-style
roast duck means duck which is prepared as follows:
(1) The abdominal cavity is cleaned.
(2) The duck is marinated.
(3) The cavity is closed prior to cooking.
(4) The duck is roasted at a temperature of 177 degrees
Celsius (350 degrees Fahrenheit) or more for at
least 60 minutes.
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proper supervision, or to dogs under the control of uniformed law
enforcement officers or of uniformed employees of a private
patrol service who are licensed pursuant to Chapter 11
(commencing with Section 7500) of Division 3 of the Business and
Professions Code, while these employees are acting within the
course and scope of their employment as private patrolmen. All
such dogs shall be excluded from food preparation and utensil
wash areas. Aquariums and aviaries shall be allowed if enclosed
so as not to create a public health problem.
27611. All food facilities and all equipment, utensils, and
facilities shall be kept clean, fully operative, and in good
repair.
27612. Frozen food shall be kept frozen except as provided in
Section 27622.
27613. (a) Manual sanitization shall be accomplished in the
final sanitizing rinse by one of the following:
(1) Contact with a solution of 100 ppm available
chlorine solution for 30 seconds.
(2) Contact with a solution of 25 ppm available
iodine for one minute.
(3) Contact with a solution of 200 ppm quaternary
ammonium for one minute.
(4) Contact with water of at least 82 degrees
Celsius (180 degrees Fahrenheit) for 30 seconds.
(b) In-place sanitizing shall be as described in
paragraph (1) , (2) , (3) , or (4) of subdivision (a) .
(c) Other methods may be used if approved by the
department.
(d) Testing equipment and materials shall be provided to
adequately measure the applicable sanitization method.
27614. All new and replacement equipment shall meet or be
equivalent to applicable National Sanitation Foundation (NSF)
standards, or in the absence of applicable NSF standards, be
approved by the enforcement officer.
27615. Sulphites shall not be added to potentially hazardous foods.
Article S. Sanitation Requirements for rood
Establishments
27620. This article governs sanitation requirements for food
establishments, as defined in this chapter.
27621. (a) Adequate and suitable space shall be provided- for
the storage of food. Except for large or bulky food containers,
all food shall be stored at least 15 centimeters (6 inches) off
the floor or under other conditions which are approved.
Containers may be stored on dollies, racks, or pallets not
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1'
(h) Utensils and equipment shall be handled and stored
so as to be protected from contamination. Single-service
utensils shall be obtained only in sanitary containers or
approved sanitary dispensers, stored in a clean, dry place until
used, handled in a sanitary manner, and used once only.
27624. An adequate, protected, pressurized, potable supply of
hot water, at least 49 degrees Celsius (120 degrees Fahrenheit) ,
and cold water shall be provided. The water supply shall be from
a water system approved by the health officer or the state
department. Any hose used for conveying potable water shall be
constructed of nontoxic materials, shall be used for no other
purpose, and shall be clearly labeled as to its use. The hose
shall be stored and used so as to be kept free of contamination.
The potable water supply shall be protected with a back flow or
back siphonage protection device, as required by applicable
plumbing codes.
27625. All plumbing and plumbing fixtures shall be installed in
compliance with local plumbing ordinances, shall be maintained so
as to prevent any contamination, and shall be kept clean, fully
operative, and in good repair.
All liquid wastes shall be disposed of through the plumbing
system which shall discharge into the public sewerage or into an
approved private sewage disposal system.
All steam tables, ice machines and bins, food preparation
sinks, display cases, and other similar equipment which discharge
liquid waste shall have this waste conveyed by a closed system,
such as by a tube or rigid pipe, to an approved sewer line and
disposed 'therein by an indirect connection. Drainage from
refrigeration units shall be conducted in a sanitary manner to a
floor sink or other approved device by an indirect connection or
to a properly installed and functioning evaporator. Indirect
waste receptors shall be located to be readily assessible for
inspection and cleaning. Dishwashing machines may be connected
directly to the sewer immediately downstream from a floor drain
or they may be drained through an approved indirect connection.
27626. In each food establishment, there shall be provided clean
toilet facilities in good repair for use by employees. The
number of toilet facilities required shall be in accordance with
local building and plumbing ordinances. Toilet facilities whose
construction begins on or after January 1, 1985, and which are
provided for use by patrons, shall be so situated that patrons do
not pass through food preparation, food storage, or utensil
washing. areas-. Toi lat..rooms-shalL.be-separated fr-oz-other
portions of the food establishment by well-fitting, self-closing
doors or by other methods approved by the enforcement officer.
Toilet rooms shall not be used for the storage of food,
equipment, or supplies. Toilet tissue shall be provided in a
17
ION
27627.5 The requirements of Section 27627. 3for resoroinvitees
facilities which are accessible to patrons, gu access by those
on the property may be satisfied by permitting
persons to the toilet and handwashing facilities which are
required by other provisions of this chapter.
However , if the requirements of Section 27627.3 are satisfied
by permitting access by those persons to the toilet and
handwashing facilities which are required by other provisions of
this chapter, a violation of these provisions shall be a
misdemeanor punishable pursuant to Section 27562.
27627.7 Sections 27627.3 and 27627.5 apply only to food
establishments as to which construction is commenced on or after
July 1, 1984.
27628. A room,. enclosure, or designated area, separated from
toilets, food storage, food preparation areas, and utensil
washing areas, shall be provided where employees may change and
store clothes. No employee shall store clothing or porsonal
effects in any other area on the premises.
27629. Ventilation shall be provided to remove gases, odors,
steam, heat, grease, vapors, or smoke from the food
establishment.
All areas shall have sufficient ventilation to facilitate
proper food storage and to provide a reasonable condition of
comfort for any employee, consistent with the job performed by
the employee. On or after January 1, 1985, there shall be
provided mechanical exhaust ventilation at or above all newly
installed cooking equipment as required in Article 10.4
(commencing with Section 13670) of Title 17 of, and Chapter 4-20
(commencing with Section 4-2000) of part 4 of Title 24 of, the
California Administrative Code.
The provisions of this section shall not apply to cooking
equipment when such equipment has been submitted to the
department for evaluation, and it has found that the equipment
does not produce toxic gases, smoke, grease, vapors, and heat
when operated under conditions recommended by the manufacturer .
Toilet rooms shall be vented to the outside air by means of an
openable, screened window, an air shaft, or a light-switch-
activated exhaust fan, consistent with the requirements of local
building codes.
27630. Each food establishment, except produce stands, shall be
fully enclosed in a building consisting of floors, walls, and
overhead structure which meet the minimum standards prescri enclosed. y
this chapter . Food estatrlishmernts which a-re-not fully:
on all sides and which are in operation on January 1, 1985, shall
not be required to meet the requirement for a fully enclosed
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utensil washing areas and interior surfaces of walk-in
refrigeration units shall also be light-colored. wall areas
adjacent to bar sinks shall be smooth, nonabsorbent, and washable
surface. Acoustical paneling may be utilized providing it is
installed not less than 1.8 meters (6 feet) above the floor . Any
perforations shall not penetrate the entire depth of the panel,
shall not be greater than 3 millimeters (1/8 inch) in any
dimension, and shall not comprise more than 25 percent of the
exposed panel surface. The paneling shall otherwise meet the
requirements of this section.
Conduits of all types shall be installed within walls �s
practicable. when otherwise installed, they shall be mounted or
enclosed so as to facilitate cleaning.
27633. Adequate and suitable space shall be provided for storage
of clean linens, including apparel, ,towels, and cleaning cloths.
Soiled linens, apparel, towels, tablecloths, and cleaning
cloths shall be kept in cleanable containers provided only for
this purpose and shall not be reused until they have been
laundered.
27634. (a) A room, area, or cabinet separated from any food
preparation or storage area, or utensil washing or storage area,
shall be provided for the storage of cleaning equipment and
supplies, such as mops, buckets, brooms, cleansers, and waxes.
(b) Any food establishment constructed or extensively
remodeled on or after January 1, 1985, shall be equipped with at
least one of the following to be used exclusively for general
cleaning purposes and for the disposal of mop bucket wastes and
other liquid wastes:
(1) A one-compartment, nonporous janitorial sink.
(2) A slab, basin, or floor constructed of concrete
or equivalent material, curbed and sloped to a
drain. Such facilities shall be connected to
approved sewerage and provided with hot and
cold running water through a mixing valve and
protected with a backflow protection device.
27635. In every room and area in which any food is prepared,
manufactured, processed, or packaged, or in which utensils are
cleaned, sufficient natural or artificial lighting, shall be
provided to produce an intensity of not less than 215 lux (20
footcandles) as measured 76 centimeters (30 inches) above the
floor, except that the working surfaces on which alcoholic
beverages are prepared or where utensils used in the preparation
or service of alcoholic baverages--are•-cleaned, shad be- provided
with at least 108 lux (10 footcandles) of light. Food and
utensil storage rooms, refrigeration storage, and toilet and
dressing rooms shall be provided with at least 108 lux (10
footcandles) of light. Light fixtures in areas where food is
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less than 2.5 centimeters (1 inch) high.
27672. (a) Equipment on a vehicle, including the interior of
cabinet units or compartments, shall be equipped
smooth, easily accessible, and easily clenad
esurfaces. have
Unfinished wooden surfaces are not permitted. Construction
Joints shall be tightly fitted and sealed so as to be readily
cleanable. Equipment, including utensils, shall be constructed
of nontoxic materials and shall be readily cleanable.
(b) All food displayed, sold, or offered for sale from
vehicles shall be prepackaged at a facility approved by the
enforcement agency except as provided in Sections 27673 and
27675.
(c) During operation, no food shall be stored,
displayed, or served from anyplace other than the vehicle.
(d) Food condiments shall be protected from
contamination and, where available for self-service, shall be
prepackaged or available only from approved dispensing devices.
(e) During transportation and storage, food and food
contact surfaces shall be protected from contamination.
(f) All vehicles shall operate out of a commissary or
other facility approved by the enforcement agency. Vehicles
shall report to the commissary at least once each operating day
for cleaning and servicing operations. In addition, vehicles
whereon nonprepackaged hot dogs are handled shall be properly
stored at a commissary or other facility approved by the
enforcement agency so as to be protected from unclean or
unsanitary conditions.
(9) Food products remaining after each day's operation
shall be stored only in an approved food facility.
(h) Utensils and -equipment shall be handled and stored
so as to be protected from contamination. Single-service
utensils shall be obtained only in sanitary containers or
approved sanitary dispensers, stored in a clean, dry place until
used, handled in a sanitary manner, and used once only.
( i) All waste water shall be drained to an approved
water receptor.
(j ) Potentially hazardous foods shall be maintained at
or below 7 degrees Celsius (45 degrees Fahrenheit) or at or above
60 degrees Celsius (140 degrees Fahrenheit) at all times.
(k) Vehicular food sales shall be conducted within 60
meters (200 feet) of approved and readily available toilet and
handwashing facilities or as otherwise a
enforcement officer to ensure proper sanite
aryfacilities are
available to the vehicle employee.
27673. (a) The following foods may be sold from vehicles in an
unpackaged state, provided the storage, display,
methods are approved by the enforcement agency:
and dispensing
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on premises wherein approved toilet, handwashing, and utensil �.
washing facilities are readily available and within 60 meters
( 200 feet) shall be exempt from the requirements of subdivisions
(b) through (e) of Section 27675.
Vehicles subject to this section which were in operation as of
July 1, 1986, shall not be required to meet the requirements of
this article relating to utensil washing facilities, as long as
an approved reserve supply of utensils is maintained on the
vehicle.
Article 12. Mobile Food Preparation Units,
Stationary Mobile Food Preparation Units, and Comisearies
27790. This article governs sanitation requirements for mobile
.food preparation units, stationary mobile food preparation units,
and commissaries as defined in this chapter.
27791. (a) All mobile food preparation units, stationary mobile
food preparation units, and commissaries shall meet the
applicable requirements in Article 6 (commencing with Section
27590) , Article 7 (commencing with Section 27600) , and Article 8
(commencing with Section 27620) , unless specifically exempted
from any of these provisions as provided in this article, and
shall meet the provisions of Article 10 (commencing with Section
13600) of, and Article 10. 1 (commencing with Section T17-13611)
of subchapter 2 of Chapter 5 of Part 1 of Title 17 of the
California Administrative Code. Mobile food preparation units
and stationary mobile food preparation units shall be exempt from
the requirements of Sections 27626 and 27628, and subdivision (b)
of Section 27634.
(b) Each stationary mobile food preparation unit shall be
certified pursuant to Article 10 (commencing with Section 13600)
of Subchapter 2 of Chapter 5 of Part 1 of Title 17 of the
California Administrative. Code before commencing operation each
calendar year. The local enforcement agency shall address all
applicable construction standards and submit proof of
certification to the state department. Construction
recertification within a calendar year shall not to required
except in either of the following instances:
(1) where structural modifications are made.
(2) Where otherwise required by the state department.
The state department may issue an annual certificate
of compliance for each certified vehicle, as
required by regulation.
27792. All mobile food preparation units shall operate -out -of a
commissary or other facility approved by the enforcement agency.
Mobile food preparation units shall report to the commissary at
least once each operating day for cleaning and servicing
operations, except as otherwise approved by the enforcement
officer.
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