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  • Chapter 8.08

    Chapter 8.08


    Sections:8.08.010 Scope.8.08.020 Definitions.8.08.030 Codes and standards.8.08.040 No smoking areas.8.08.050 Mobile food establishments- Generally.8.08.060 Temporary and seasonal food establishments.8.08.070 Food sanitation certificate offered by the department.8.08.080 Food establishment operation license.8.08.090 Special recognition.8.08.100 Violation-Penalty.


    Scope.The Arizona Food Code, Arizona Administrative Code, Title 9, Chapter 8, Article 1 is adopted and incorporated into this chapter by reference as if set forth in full herein and shall be in full force and effect in Pima County to the extent that the provisions of the Arizona Food Code are not expressly modified by the provisions of this chapter. All food establishments in the county shall comply with the general provision of this chapter and with the Arizona Food Code to the extent it is consistent with the express provisions of this chapter, as well as those specific sections and subsections in this chapter which pertain to a particular type of food establishment. (Ord. 2002-23 3 (part), 2002)


    Definitions.For the purpose of enforcement of this chapter, all definitions found in chapter 8.04 of this code, the definitions stated in the current Arizona Food Code, and the following definitions shall apply to all food establishments:1. "Beverage plant" means a food establishment that does the process of (1 of 9)03/01/2006 12:04:44 PM

  • Chapter 8.08

    mixing, compounding, carbonating, bottling, canning or manufacturing of a bottled or canned beverage for public consumption.2. "Food sanitation certificate" means a certificate issued by the health officer pursuant to Section 8.08.070 of this chapter.3. "Ice plant" means a food establishment, food processing plant, or other facility which manufactures or processes ice and stores, packages, distributes, or sells ice for human consumption or for use in contact with food, food equipment or utensils.4. "Initial license" means a license to operate a food establishment that is issued by the health officer to a new food establishment pursuant to the sanitary code.5. "Law" includes federal, state and local statutes, ordinances, regulations and executive orders.6. "Mobile food establishment" means a food establishment that is designed to be readily moveable and mounted on a motorized vehicle frame or vehicle-drawn or a pushcart or in a structure not permanently attached to the land.7. "New establishment" means a new or remodeled establishment or a change of ownership of an existing establishment or an establishment which has been closed for six months or more.8. "Operating license" means a license to operate a food establishment that is issued by the health officer when a new food establishment with an initial permit or a food establishment with a provisional license attains compliance with the sanitary code.9. "Place" means the physical location of a regulated establishment that is attached to the land or, for an establishment approved as a mobile food establishment, the vehicle identification number or the unique identifier assigned to the mobile food establishment by the health officer.10. "Provisional license" means a license to operate a food establishment that is issued by the health officer when withdrawal of the operating license is warranted pursuant to the sanitary code.11. "Pushcart" means a nonself-propelled vehicle, meeting the standards of the Washington, D.C. model, limited to serving foods that are not potentially hazardous or foods wrapped in a food establishment that are maintained at proper temperatures, or limited to the preparation and serving of frankfurters and foods with similar characteristics as frankfurters.12. "Retail food establishment" means any establishment where food and food products are offered for sale to a consumer and intended for off-premises consumption, including, but is not limited to, markets, groceries, grocery stores, convenience stores, and food banks. Does not include establishments that handle only nonpotentially hazardous prepackaged snack-type foods or roadside markets that offer only uncut fresh fruits or vegetables for sale, or restaurants as defined in Chapter 8.50.13. "Seasonal food establishment" means a food establishment that operates for a period from 15 to not more than 120 consecutive days in conjunction with a single event or celebration at a specific location. (Ord. 2002-23 3 (part), 2002; Ord. 1998-25 2 (part), 1998; Prior code 23.08.010(B))

    8.08.030 (2 of 9)03/01/2006 12:04:44 PM

  • Chapter 8.08

    Codes and standards.All food establishments shall comply with all codes and standards adopted in Section 8.04.150D of this code and those specific codes and standards pertaining to a particular type of food establishment adopted in Section 8.04.150E of this code. (Prior code 23.08.010(D))


    No smoking areas.Public areas of retail food establishments shall be posted as "NO SMOKING" areas by the operator. The operator shall not permit smoking of tobacco in any form, or carrying of a lighted cigar, cigarette or pipe in posted areas. (Ord. 2002-23 5, 2002; Ord. 1987-96, 1987: prior code 23.08.070(HH))


    Mobile food establishments-Generally.A. Single-service Articles. Mobile food establishments shall provide only single service articles for use by the consumer.B. Base of Operation.1. A fixed food establishment shall be used as a base of operation for mobile food establishments. The base of operation shall be constructed and operated to comply with the requirements of the sanitary code and subsection C of this section.2. Mobile food establishments shall operate from the base of operation and report to the base of operation as often as necessary, but no less than once during each day's operations, for all supplies, all cleaning and sanitizing of food equipment and all servicing operations.3. The base of operation shall be limited to a fixed number of mobile food establishments. The health officer will determine the number of mobile food establishments that can use any one base of operation. The health officer shall use guidelines developed by the department, the Food and Drug Administration or the state of Arizona, including, but not limited to, criteria such as the menu, the volume of food being prepared or stored, the physical size of the mobile food establishment, or the capacity of the equipment at the base of operation or in the mobile food establishment.4. The base of operation will submit a report to the department disclosing the names, addresses and operating license numbers of all mobile food establishments using the base of operation:a. Annually at the time of license renewal for the base of operation;b. Within ten business days when a mobile food establishment is added or deleted from the base of operation; and,c. Within ten business days of a request made by the health officer.5. Failure to submit any report to the department required under subsection B(4) of this section will be grounds for revoking the operating license of the base of operation.C. Servicing Area. (3 of 9)03/01/2006 12:04:44 PM

  • Chapter 8.08

    1. The base of operation shall provide a servicing area. The servicing area must have overhead protection for all supplying, cleaning and servicing operations. A separate location must be provided for the flushing and drainage of liquid wastes which cannot be near the location provided for water servicing and for the loading and unloading of food and related supplies. A servicing area is not required where only packaged food is placed on the mobile food establishment or where the mobile food establishment does not contain a water retention tank.2. The surfaces in the servicing area shall be constructed of smooth nonabsorbent material, such as concrete or machine-laid asphalt and shall be maintained in good repair, kept free of visible dirt and debris and graded to drain.3. The servicing area need not have walls. Any walls present, however, must be maintained in good condition and in a sanitary manner.D. Servicing Operations.1. Potable water servicing equipment shall be installed according to law and shall be stored and handled in a way that protects the water and equipment from contamination.2. The mobile food establishment liquid waste retention tank, where used, shall be thoroughly flushed and drained during the servicing operation. All liquid waste shall be discharged to a sanitary sewerage disposal system in accordance with the sanitary code. E. Business name. All mobile food establishments shall permanently affix the business name to at least two structural sides of the mobile food establishment in four-inch or taller lettering. The business name must be clearly visible to the consumer at the service window, at any entrance to the establishment and on at least one other side of the establishment. (Ord. 2002-23 7, 2002; Prior code 23.08.120)


    Temporary and seasonal food establishments.A. Scope. All temporary and seasonal food establishments shall comply with the provisions adopted in this chapter, except as otherwise provided in this section.B. Restricted Operations.1. These provisions are applicable whenever a temporary or seasonal food establishment is licensed2. The duration of a license for a temporary or seasonal food establishment shall not exceed the duration of the single event or celebration for which the license is sought. The health officer need not conduct an inspection of the temporary or seasonal f