Ord 271ORDINANCE NO. 271
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING DIVISION IX, SECTIONS 8.12.790
THROUGH 8.12.860, OF TITLE 8 OF THE
POWAY MUNICIPAL CODE, RELATING TO
FOOD CATERERS AND CATERING EQUIPMENT RENTALS
WHEREAS, the County of San Diego has experienced several major foodborne
illness outbreaks due to catering functions and operations; and
WHEREAS, the current Health and Safety Code regulations governing the
selling and giving away of food at the retail level does not define caterers and
catering operations; and
WHEREAS, the County of San Diego provides health services to the City of
Poway under contract and has adopted the following provisions.
THE CITY COUNCIL OF THE CITY OF POWAY DOES ORDAIN AS FOLLOWS:
Section 1. Division IX, which will be Sections 8.12.790 through 8.12.860
are hereby added to Chapter 8.12 of Title 8 of the Poway Municipal Code and will
read as follows:
DIVISION IX
FOOD CATERERS AND
CATERING EQUIPMENT RENTALS
8.12.790
used, they
section:
Definitions. Whenever in this section the following terms are
shall have the meanings respectively ascribed to them in this
(a) "Caterer" A business which prepares food for a catering function for
events such as, but not llmited to, picnlcs, weddings, banquets, parties,
gatherings.
(b) "Catering Vehicle" A vehicle upon which food, beverages and related
serving equipment are transported related to a catering function.
(c) "Catering Function" Any event where a caterer provides food for a per-
son or persons at other than an existing health regulated establishment. A
catering function shall not include those functions that are conducted by
persons engaged or employed in youth organizations, churches, church
societies, private clubs or other nonprofit associations of a religious,
philanthropic, civic improvement, youth development, social, political, or
educational nature which purchase food, food products, or beverages, for
service without charge to their members, or for service or sale at a reaso-
nable charge to their members or to the general public at fund-raising
events, for consumption on or off the premises at which the food, food pro-
ducts, or beverages are served or sold, if the service or sale of such food,
food products or beverages does not constitute a primary purpose or function
of the club or association, and if no employee or member is assigned full
time to care for or operate equipment used in such an arrangement.
Ordinance No. 271
Page 2
(d) "Catering Equipment Rental Establishment" A catering equipment rental
establishment is an establishment that provides food service utensils such
as dishes, tableware, pots and pans to caterers or to the public but does
not provide catering services.
(el "Department" The San Diego County Department of Health Services.
8.12.800 Application of Ordinances. The provisions of Division IX, Title
8 of the Poway Municipal Code and the California Uniform Retail Food Facilities
Law (CURFFL) relative to food handler training and the preparation and distribu-
tion of food apply to caterers and caterer operations.
8.12.810 Health Permits and Fees. Persons operating as caterers and
catering equipment rental establishments are considered to be operating a health
regulated establishment and are subject to public health permit requirements as
specified in Chapter 8.20 of this Code. Such persons shall pay the permit fees
prescribed for restaurants in Section 8.20.080 of this Code and shall be subject
to penalties for delinquent fee payment as set forth in Section 8.20.060 of this
Code.
8.12.820 Notification of Catering Events. When requested by the Deputy
Director of Environmental Health Services, caterers shall notify the Department
of Health Services of the County of San Diego of the time, date and location of
each catering function in a manner specified by the Department.
8.12.830 Potentially Hazardous Foods. All potentially hazardous foods as
defined in Section 27531 of the California Uniform Retail Food Facilities Law
that are stored, held, transported or served by a caterer must be protected from
contamination and kept at temperatures as required by California State law.
8.12.840 Toilet Facilities. Adequate toilet and handwashing facilities,
as determined by the Deputy Director of Environmental Health Services, must be
reasonable available in the vicinity of any location where food is prepared or
served.
8.12.850 Catering Vehicles. No person or company shall operate or cause
to be operated, a catering vehicle without complying with the following:
(al Such person or company shall have a valid health permit as required in
Section 8.12.060 of this Code.
(b) Foods and food containers shall be carried in compartments with
cleanable interior surfaces.
(c) Vehicles shall be maintained in a clean condition.
Ordinance No. 271
Page 3
8.12.860 Catering Equipment Rental Establishment. No person or company
shall operate or cause to be operated, a catering equipment rental establishment
without complying with the following:
(a) All food service equipment shall be stored in a building that meets the
requirements of the California State law.
(b) All food service equipment such as dishes, glasses, tableware, pots and
pans shall be cleaned and sanitized by methods prescribed in the California
Uniform Retail Food Facilities Law.
Section 1. EFFECTIVE DATE: This ordinance shall take effect and be in
force thirty {30) days after the date of its passage; and before the expiration
of fifteen {15) days after its passage, it shall be published once with the
names and members voting for and against the same in the Poway News Chieftain, a
newspaper of general circulation published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the
City of Poway held the 6th day of September, 1988, and thereafter PASSED AND
ADOPTED at a regular meeting of said City Council held the 20th day of
September, 1988, by the following roll call vote:
AYES: COUNCILMEMBERS: BRANNON, HIGGINSON, KRUSE, TARZY, EMERY
NOES: COUNCILMEMBERS: NONE
ABSENT:
COUNCILMEMBERS:
NONE
Robert C. Emery, Mayor
Marjor~. Wahlsten, City Clerk