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1/10/80
ORDINANCE NO. NS-]517
AN ORDINANCE OF THE CITY OF SANTA ANA AMENDING
SECTIONS 18-501 AND 18-502 AND ADDING SECTIONS
18-514 AND 18-515 TO THE SANTA ANA MUNICIPAL
CODE, RELATING TO THE REGULATION OF MOBILE
FOOD PREPARATION VEHICLES.
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES
ORDAIN AS FOLLOWS:
SECTION 1. That Section 18-501 of the Santa Ana Municipal
Code, is hereby amended to read as follows:
Sec. 18-501. Definitions.
The following terms used in this article have the
meanings indicated below:
~ shall be as defined in section 28190 of
the California Health and Safety Code.
Food processing establishment shall be as defined
in section 28280.1 of the California Health and Safety Code.
Heal'th Department or Department shall mean the
Pub~{c Health and Medical Services of the Orange County Human
Services Agency.
Health Officer shall mean the County Health Officer
or his deputy or assistant duly authorized to act in his
behalf in case of his absence or incapacity.
Ice plant, self-contained ice plant and ice
distributor shall be as defined in section 4003 of the
California Health and Safety Code.
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 article.
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, processed, or portioned for service,
sale or distribution.
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.
Restaurant shall be as defined in section 28522 of
the California Health and Safety Code.
Retail food production and marketing establishment
shall be as defined in section 28802 of the California Health
and Safety Code.
Vehicle shall be as defined in section 28524 of
the California Health and Safety Code.
ORDINANCE NO. NS- ] 5] 7
Page Two
Vending machine shall be as defined in section
28525 of the California Health and Safety Code.
Vendin9 machine business shall mean the business
of selling food or beverages by means of vending machines,
regardless of the number of locations at which the vending
machines are located.
SECTION 2. That Section 18-502 of the Santa Ana Municipal
Code is hereby amended to read as follows:
Sec. 18.502 Permit required; conditions and terms.
(a) It shall be unlawful for any person or other
legal entity to operate any restaurant, itinerant restaurant,
mobile food preparation vehicle, vehicle, vending machine
business, bakery, food processing establishment, ice plant,
self-contained ice plant or act as an ice distributor without
first applying for and receiving a food vending permit issued
by the Health Department under the provisions of this article.
Retail 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 application 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 require. Applicants for a permit to operate
a mobile food preparation vehicle shall, in addition, provide
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 reinstated
unless the Health Department determines, upon making an investi-
gation, 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, un-
wholesome 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 California Health and Safety
Code of this article and of all rules and regulations pro-
mulgated under section 18-512 below, and that said premises are
capable of being operated in accordance with such laws
and regulations.
(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 conspicuous 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
ORDINANCE NO. NS- ]5]7
Page Three
with the applicable requirments of sections 18-514 and
18-515 as well as all other applicable 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 18-514 and 18-515,
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 capacity of equipment fabrication con-
tractors. In such instances the applicant shall present a
written request for an extension documenting the steps
already undertaken, the reasons compliance cannot be achieved
within the prescribed time period, and a time-table for full
compliance. Extensions shall not be granted for compliance
with the requirements of section 18-515 concerning the
design and construction of lids for deep fat fryers.
SECTION 3. That the Santa Ana Municipal Code is hereby
amended by adding Section 18-514, which said section shall
read as follows:
Sec. 18-514. 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 following require-
ments:
(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) Ail equipment installed in any part of the
vehicle shall be secured so as to prevent movement during
transit and to prevent detachment in the event of a collision
or overturn.
(c) Ail equipment installed within the interior
of the vehicle, including the interiors of cabinets or com-
partments, shall be constructed so as to be free of sharp or
jagged edges.
(d) Ail 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 manufactured of materials
approved by the Health Officer.
(e) Ceiling light fixtures shall be recessed or
flush-mounted 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 installed 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 receptacles
shall be of weatherproof design with cover.
ORDINANCE NO. NS-]517
Page Four
(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 mechanism. 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)
requirments 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.
(i) Ail pressure cylinders shall be securely
fastened to a rigid structure of the vehicle. Ail liquefied
petroleum, gas (LPG) equipment shall be installed as follows:
(1) 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 re-
quirements shall be met:
a. Ail tank valves and fitting shall be
readily accessible from outside the vehicle.
b. The tank safety relief valve shall be
vented to the outside and directed downward.
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 accumu-
lation 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) Protective "thread" caps shall be in-
stalled on fill-line check valves.
ORDINANCE NO. NS- ]5]7
Page Five
(10) Every appliance fueled by LP-gas shall
be provded with an ASME-approved device which will
automatically shut off all gas to the appliance if the
pilot light should be extinguished.
(j) A minimum 5 B.C.-rated portable fire extinguisher
(UL or State Fire Marshall-approved design) shall be installed
in plain sight and within easy reach, immediately inside the
front driver's door. The extinguisher shall be replaced or
recharged after each use.
SECTION 4. That the Santa Ana Municipal Code is hereby
emended by addition of Section 18-515, which said section
shall read as follows:
Sec. 18-515. Mobile food preparation vehicles;
additional requirements.
In addition to the requirement specified in Section
18-514 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 compartment
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 protective 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 constructed so as to prevent
pressure buildup which could result in an explosion. All
lids shall be kept positively 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 surging in
transit. All such tables, as well as dry heat units, their
insert food containers and similar equipment 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 constructed 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 to the
outside, shall be provded. The interior latching mechanism
shall be operable by hand without special tools or key. The
exit shall be labeled "Safety Exit" in contrasting colors
with at least 2.54 cm (1 inch) high letters.
ORDINANCE NO. NS-]517
Page Six
SECTION 5. If any section, subsection, sentence, clause,
phrase or portion of this ordinance for any reason is held
to be invalid or unconstitution by the decision of any court
of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this ordinance.
The City Council of the City of Santa Ana hereby declares
that it would have adopted this ordinance and each section,
subsection, sentence, clause, phrase or portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases or portions be
declared invalid or unconstitutional.
ADOPTED this 4th day of February, , 1980,
by the following vote:
AYES: MEMBERS:
NOES: MEMBERS:
ABSENT: MEMBERS:
ATTE ST:
APPROVED AS TO FORM:
KEITH L GOW,
CITY ATTORNEY
Bricken, Luxembourger, Markel, Serrato,
Ward, Yamamoto
None
Griset