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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 i 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. " 0 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. " -2- o S CALIFORNIA UNIFORM RETAIL FOOD FACILITIES LAW EXCERPT FROM THE CALIFORNIA HEALTH AND SAFETY CODE mob f � u � •it .. �o 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 %W 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. 10 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 13 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 19 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 21 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 26 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. 28