Laserfiche WebLink
Resolution No. 2023-XXX <br />Page 3 of 8 <br />WHEREAS, since the passage of the Bills, the City has found it increasingly <br />difficult to mitigate the public health impacts from stationary sidewalk food vendor <br />operations and their threat to the public’s health and safety. Specifically, measures to <br />reduce local health permit regulations for street food vendors, consequently undermine <br />the collective authority of City and County agencies to implement standardized <br />inspections and assign accountability; and <br />WHEREAS, the Bills have eliminated key food health and safety requirements <br />intended to keep food safe for public consumption, such as water requirements and <br />handwashing stations, and prohibit the regulation of where food vendors can be located; <br />and <br />WHEREAS, the County Health Care Agency’s Environmental Health Division <br />(EHD) observed that a disproportionately large number of stationary food vendors are <br />corporatized with sophisticated, stationary equipment that encompasses large amounts <br />of sidewalk space, and threatens the livelihoods of local, small-business, brick-and-mortar <br />“mom and pop” vendors that adhere to municipal and state codes; and <br />WHEREAS, the California Health and Safety Code (CH&SC) Section 114381(a) <br />establishes a food facility shall not be open for business without a valid permit; and <br />WHEREAS, stationary sidewalk food vendors continue to operate without first <br />obtaining a valid permit from the local county health authority as provided by section <br />114381(a) of the California Health and Safety Code; and <br />WHEREAS, the stationary sidewalk food vendors operating within the jurisdiction <br />of SANTA ANA, CALIFORNIA regularly endanger the health, safety, and welfare of <br />Santa Ana residents, visitors, and business owners in that they: <br />a. Engage in unsanitary practices in violation of the California Health and Safety <br />Code, including but not limited to transporting uncooked meat in an unsanitary <br />manner and handling uncooked meat and raw food products without <br />necessary and proper handwashing stations on-site; and <br />b. Prepare hot food utilizing open flame without necessary and proper fire <br />mitigation measures in place; and <br />c. Dismantle their operation temporarily when approached by City Code <br />Enforcement officers, Santa Ana Police officers, County of Orange Health <br />Inspectors, or combination thereof; and <br />d. Abandon their equipment and flee the scene when approached by City Code <br />Enforcement officers, Santa Ana Police Officers, County of Orange Health <br />Inspectors, or combination thereof. The abandoned equipment obstructs the <br />public-right-of-way and constitutes a nuisance that must be mitigated at the <br />public’s expense; and