Chapter 8.20
FOOD VENDORS*

Sections:

8.20.010    Vending vehicles – Definitions.

8.20.020    Vending vehicles – For foodstuffs and ice cream – License tax required.

8.20.025    Vending vehicles – Restrictions near school facilities.

8.20.030    Vending vehicles – Parking and stopping regulations.

8.20.040    Vending vehicles – Compliance with certain regulations required.

8.20.050    Vending vehicles – Refrigeration required.

8.20.060    Vending vehicles – Identification to be displayed.

8.20.070    Vending vehicles – Cleanliness required – Inspection – Certification.

8.20.080    Vending vehicles – For unprepared food – Regulations.

8.20.090    Vending vehicles – For prepared food – Regulations.

8.20.095    Vending vehicles – Mobile food preparation unit – Regulations.

8.20.100    Vending vehicles – Limitations on use.

8.20.110    Vending machines – Operator defined.

8.20.120    Vending machines – Permit required – Operator responsibilities.

8.20.130    Vending machines – Permit required for service vehicle.

8.20.140    Vending machines – Location restrictions – Approval required.

8.20.150    Vending machines – Service room required.

8.20.160    Vending machines – Cleaning and sanitizing generally.

8.20.170    Vending machines – Outside and other equipment to be cleaned.

8.20.180    Vending machines – For cold carbonated beverages – Cleaning requirements.

8.20.190    Vending machines – For milk products – Cleaning and sanitizing requirements.

8.20.200    Vending machines – Refilling regulations.

*    For authority for cities to license businesses for purposes of revenue and regulation, see Gov. Code § 37101; for statutory provisions authorizing cities to enforce state laws on food handling sanitation, see Health and Saf. Code § 28690.

8.20.010 Vending vehicles – Definitions.

Whenever in this chapter the following terms are used, they shall have the meanings respectively ascribed to them in this section:

A. “Prepared food vending vehicle” means a food vending vehicle from which any food or beverage product is sold, given away, displayed or offered for sale, at retail, other than an unprepared food vending vehicle, catering truck, bakery truck, or ice cream or ice cream product truck.

B. “Unprepared food vending vehicle” means a food vending vehicle from which is sold, given away, displayed or offered for sale, at retail, any raw or unprepared food or food product including, but not limited to, fruits, vegetables, produce, meats, fish, poultry or seafood.

C. “Mobile food preparation unit” means any vehicle or portable food service unit upon which food is prepared for service, sale, or distribution at retail. A mobile food preparation unit shall be considered a vending vehicle for purposes of this chapter.

D. A vending vehicle may have more than one designation pursuant to this section. A vehicle with multiple designations must comply with all applicable provisions of this chapter and state law. (Ord. 2120 § 1, 1985; Ord. 855 § 2, 1963; prior code § 15.60).

8.20.020 Vending vehicles – For foodstuffs and ice cream – License tax required.

Every person conducting, managing or operating a business in which carts, wagons or vending vehicles for foodstuffs, including ice cream, are used shall pay a tax as presently designated, or as may in the future be amended, in Section 8.20.020 of the master tax schedule in CVMC 5.07.030. The license shall identify the particular vehicle to be used and shall be kept on the vehicle, available for inspection at all times. (Ord. 2408 § 1, 1990; Ord. 2081 § 1, 1984; prior code § 18.57).

8.20.025 Vending vehicles – Restrictions near school facilities.

A. No person shall stop or park a food vending vehicle on a public street within 500 feet of any school property boundary in the city of Chula Vista between the hours of 7:00 a.m. and 5:00 p.m. on regular school days.

B. “School” means all public or private schools in which instruction is given through grade 12 or in any one or more of such grades. (Ord. 2729 § 1, 1998; Ord. 2122, 1985).

8.20.030 Vending vehicles – Parking and stopping regulations.

No person shall stop or park a food vending vehicle on a public thoroughfare for the purpose of selling, giving away, displaying or offering for sale any food or beverage product except for a period of time sufficient to consummate an immediate sale or sales. No person shall stop, park or cause any food vending vehicle to remain on any public property except pursuant to the order of a lawful authority or for the purpose of making emergency repairs to the vehicle; in no event shall any person sell or give away any food or beverage product from a food vending vehicle while on any public property other than a thoroughfare. No person shall stop, park or cause a food vending vehicle to remain on any private property for the purpose of selling, giving away, displaying or offering for sale any food or beverage product to any person other than the owner of such property or his agents, customers or employees. (Ord. 855 § 2, 1963; prior code § 15.61).

8.20.040 Vending vehicles – Compliance with certain regulations required.

Food vending vehicles shall comply with all provisions of this code and other ordinances of the city regulating food vending establishments, insofar as such regulations are applicable to vending vehicles and the operation thereof. (Ord. 855 § 2, 1963; prior code § 15.62).

8.20.050 Vending vehicles – Refrigeration required.

No person shall operate, or cause to be operated, a food vending vehicle unless it is furnished with mechanical refrigeration equipment, in good working order, sufficient to maintain perishable food and beverage products at a temperature not in excess of 50 degrees Fahrenheit. Refrigeration compartments shall be kept clean, shall be constructed of tile, metal or other approved material, and shall have no seams or cracks. Food storage containers shall have no open seams. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.63).

8.20.060 Vending vehicles – Identification to be displayed.

The exterior of each vending vehicle shall display, in lettering at least three inches in height, the name, address and telephone number of the owner. A distinctive identifying number or symbol assigned by the department of public health shall be displayed on the windshield of each vending vehicle. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.64).

8.20.070 Vending vehicles – Cleanliness required – Inspection – Certification.

The interior and the exterior of every food vending vehicle and all equipment therein shall have smooth, washable surfaces and shall be maintained in good repair and in a sanitary manner. Each vending vehicle shall be inspected at least semi-annually by the health officer. Vending vehicles shall be loaded and ready for operation at the time of inspection. A certificate of inspection, valid for six months, shall be issued to vending vehicles conforming to the requirements of this code. The certificate of inspection shall specify the food products which may be sold. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.65).

8.20.080 Vending vehicles – For unprepared food – Regulations.

No person shall operate or cause to be operated an unprepared food vending vehicle without complying with all of the following regulations:

A. All tools, implements and receptacles shall be kept in a clean and sanitary condition.

B. Sufficient fly-tight containers, of metal or some other approved substance, shall be provided for the disposal of trimmings and refuse and shall be emptied and washed daily.

C. No fish, poultry or other animal shall be cleaned in a food vending vehicle, nor shall the entrails of any fish, poultry or other animal be there removed. No fish, poultry, meat or meat products shall be cut, processed or otherwise prepared in a food vending vehicle.

D. Scales and other weighing devices shall be protected from dust, dirt, flies and other vermin and contaminants.

E. Every unprepared food vending vehicle shall be inspected at least semi-annually on dates scheduled by the health officer, or more often if the health officer so requires. The vending vehicle shall be fully loaded and ready for operation at the time of such inspection. The health officer shall issue a certificate of inspection if his inspection discloses that the vehicle conforms to the requirements of this code. The certificate shall expire six months from and after the date of its issue, and shall specify the particular food and beverage products authorized to be sold or otherwise distributed from the vehicle. (Ord. 855 § 2, 1963; prior code § 15.66).

8.20.090 Vending vehicles – For prepared food – Regulations.

No person shall operate or cause to be operated a prepared food vending vehicle without complying with all of the following requirements:

A. Every owner or operator of vending vehicles shall have a service room or other sanitary location approved by the director of public health for the preparation of food sold from vending vehicles. Only food prepared in the service room or other approved location shall be sold from a vending vehicle. Service rooms or other approved locations shall comply with regulations for food handling establishments.

B. No hot prepared food, except coffee, tea or packaged cocoa, shall be served from a vending vehicle unless the equipment used to prepare such food is approved by the director of public health.

C. Except as provided in subsection (D) of this section, no perishable food shall be sold from a vending vehicle more than 24 hours after preparation.

D. If the director of public health certifies that an owner or operator of vending vehicles continuously maintains all perishable food intended for sale from a vending vehicle at a temperature of not more than 50 degrees Fahrenheit from the time of preparation until service to the consumer, such food may be sold for a period not exceeding 72 hours after preparation.

E. All perishable food shall show the date of preparation.

F. Vending vehicles shall dispense only single-service disposable cups, plates, forks and spoons. (Ord. 954 § 2, 1965; Ord. 855 § 2, 1963; prior code § 15.67).

8.20.095 Vending vehicles – Mobile food preparation unit – Regulations.

No person shall operate or cause to be operated a mobile food preparation unit without complying with all of the provisions of Health and Safety Code Section 27790, et seq., and Article 10 (commencing with Section 13600) of Title 17 of the California Administrative Code. Said operation shall comply with the following additional requirements:

A. Mechanically refrigerated display cases shall be provided for all perishable foods on display for sale in said mobile food preparation unit.

B. Vehicle ambient air temperature shall be maintained in each work area to provide reasonable comfort consistent with standards of the restaurant industry for the nature of the process and the work performed. If excessive heat or humidity is created, the owner or operator of the mobile food preparation unit shall make all feasible means to reduce such excessive heat or humidity to a degree providing reasonable comfort.

C. Mobile food preparation units shall be equipped with adequate seats with backrests for all employees to be transported in such units. Said seats shall be properly secured in place. Seats shall be not less than 15 inches or more than 19 inches above the floor, at least 10 inches deep, and at least 18 inches wide. The backrests shall extend to a height of at least 36 inches above the floor. All persons being transported in a mobile food preparation unit shall be seated in said seats while the unit is in motion.

D. Each mobile food preparation unit shall be equipped with a fully charged fire extinguisher in good condition. Drivers shall be advised of the location of the type of extinguisher used and instructed in its operation.

E. All cutting tools or tools with sharp edges carried in a mobile food preparation unit shall be placed in covered boxes or containers while the unit is in motion, and all other tools and cooking equipment shall be secured to the body of the vehicle while the unit is in motion. Tools with cutting edges protected by scabbards or similar guards shall be considered as being in containers.

F. An alternative means of exit, other than the main exit door, shall be provided in the exterior wall and in the roof of the vehicle with unobstructed passages to the outside. Such passage shall be at least 24 inches by 24 inches. The alternate means of exit shall have an interior latching mechanism which shall be operated by hand without special tools or key. Such exit shall be labeled “Safety Exit” in contrasting colors with letters at least one inch high.

G. All loads carried in a mobile food preparation unit shall be secured against dangerous displacement either by properly piling or securing in a manner as to prevent shifting, toppling or otherwise becoming unstable.

H. No cooking or food preparation shall be done while the mobile food preparation unit is in motion.

I. A headquarters shall be established for all mobile food preparation units, and said units shall be stored at such headquarters when not in use.

J. The storage area shall be equipped with an electrical outlet to provide auxiliary power for refrigeration units on each mobile preparation unit.

K. The headquarters parking area for mobile food preparation units shall be paved with a paving material such as concrete or asphalt. The surface of the paving shall slope to a drain and shall not pond water. Said surface shall be kept in good repair. The storage area shall contain a liquid waste dump station, and there shall be installed a concrete apron surrounding the waste receptor for a distance of 10 feet in each horizontal direction, sloping to the drain.

L. Waste water shall not be permitted to flow into the street from the headquarter’s parking area.

M. An approved waste dump station shall be provided at each headquarters.

N. Lights shall be provided for the parking area to provide at least two footcandles of illumination when measured 30 inches above the pavement.

O. Mobile food preparation units which do not properly control food temperature, which lack running water, which have a defective liquid waste collection tank or which otherwise are unable to operate in a sanitary manner so as to pose an immediate danger to the public health may be removed from operation by order of the health officer or his designated representative.

P. The health officer shall be granted access to inspect mobile food preparation units during operating hours and at the headquarters during hours of loading, food preparation, and cleaning. (Ord. 2120 § 2, 1985).

8.20.100 Vending vehicles – Limitations on use.

Food vending vehicles shall be used for no purpose other than those purposes permitted by this chapter, unless the health officer has approved in writing some other proposed use of such vehicle. (Ord. 855 § 2, 1963; prior code § 15.68).

8.20.110 Vending machines – Operator defined.

“Operator” means the person who furnishes, installs and services the vending machine. (Ord. 855 § 2, 1963; prior code § 15.71).

8.20.120 Vending machines – Permit required – Operator responsibilities.

No operator shall maintain, conduct, manage or operate any vending machine unless a permit for such machine has been issued by the health officer and unless such permit is valid and unexpired. The applicant for a permit shall designate in writing the products to be vended, and permits shall be valid only for those products listed on the permit. Unless it appears to the health officer that the vending machine will at all times be maintained in a clean and sanitary condition, and that all products of the machine will reach the consumer in a clean and wholesome condition, he shall deny the application for the permit. If the permit is granted, the operator shall be responsible for the proper operation and maintenance of the vending machine and for complying with the requirements of this division and of state laws and regulations in connection therewith. The name and address of the operator shall be posted conspicuously on the vending machine. (Ord. 855 § 2, 1963; prior code § 15.70).

8.20.130 Vending machines – Permit required for service vehicle.

No operator shall use a vehicle to service vending machines, or allow such use, unless the health officer has issued a permit for such vehicle. (Ord. 855 § 2, 1963; prior code § 15.72).

8.20.140 Vending machines – Location restrictions – Approval required.

The operator shall furnish the health officer with the location of any vending machine installed, sufficiently soon so that within 72 hours subsequent to such installation the health officer may inspect the vending machine and the location. If the location of the machine is not approved by the health officer, the vending machine shall be removed immediately and not operated until the location thereof is rendered acceptable. Each vending machine shall be located so that sanitary facilities, fixtures and receptacles for emptying waste containers and for performing required sanitation are readily accessible. The area around the vending machine shall be maintained clean and free of accumulated paper cups and wrappers, spillage, and other waste material and trash. Approved trash receptacles shall be provided by the machine operator, proximate to vending machines, whenever required by the health officer. (Ord. 855 § 2, 1963; prior code § 15.73).

8.20.150 Vending machines – Service room required.

All operators shall establish within the city a service room or rooms, which shall be used only for cleaning, storing and maintaining vending machines, supplies and sanitized parts. All cleaning and sanitizing of vending machine parts which come in contact with food, food products or liquids dispensed by a vending machine shall be done in the service room previously approved by the health officer. The service room shall meet all the requirements of this title relative to food handling establishments. (Ord. 855 § 2, 1963; prior code § 15.74).

8.20.160 Vending machines – Cleaning and sanitizing generally.

Vending machines dispensing liquids shall be cleaned not less frequently than three times each week, and machines dispensing unwrapped nonliquid food products shall be cleaned not less frequently than once each month, except as hereinafter noted in the manner set forth in CVMC 8.20.170 through 8.20.200. (Ord. 855 § 2, 1963; prior code § 15.75).

8.20.170 Vending machines – Outside and other equipment to be cleaned.

The following general regulations apply to all vending machines. The operator shall clean the outside of the machine, and any vending stage, door, chute, drip plate and waste can. Used cup and trash containers shall be emptied and cleaned. Parts shall be wiped with a cleaned moist cloth which has been dipped in a solution containing not less than 200 parts of active chlorine per million parts, or in some such other approved sanitizing agent or material. (Ord. 855 § 2, 1963; prior code § 16.76(A)).

8.20.180 Vending machines – For cold carbonated beverages – Cleaning requirements.

In addition to the servicing required by the general regulations, machines dispensing cold carbonated beverages shall be serviced as follows: Not less frequently than once each 60 days, all contact parts of the machine shall be cleaned by removing, washing and disinfecting all tanks, valves, faucets, pipe lines and water filters. Interior water filter and conditioning elements shall be taken to the service room for servicing; properly sanitized replacements may be transported under sanitary conditions from the service room and installed while the other water filter and conditioning elements are being serviced. Water filters and water conditioning devices shall be of a type which permits periodic cleaning and replacement. (Ord. 855 § 2, 1963; prior code § 15.75(B)).

8.20.190 Vending machines – For milk products – Cleaning and sanitizing requirements.

In addition to the servicing required by the general regulations, machines dispensing milk and milk products shall be serviced as follows: Fluid milk or cream shall be removed from the machine and discarded daily, and fresh products added. Canned evaporated milk may be dispensed for 72 hours before discarding; provided, that throughout this period the temperature of such milk is maintained at not more than 50 degrees Fahrenheit. All parts and appurtenances of vending machines that come in contact with fluid milk or milk products shall be removed daily and cleaned and sanitized. Vending machines that dispense nonliquid milk or nonliquid cream products shall be sanitized not less frequently than three times each week. (Ord. 855 § 2, 1963; prior code § 15.75(C)).

8.20.200 Vending machines – Refilling regulations.

Vending machines, in locations for which the health officer has not issued a food handling establishment permit, shall be refilled only by substituting for the empty container one which was cleaned, sanitized and filled in the service room. The emptied container shall be transported to the service room for cleaning and sanitizing. (Ord. 855 § 2, 1963; prior code § 15.75(D)).