SEC. 61.301. PURPOSE AND APPLICABILITY.

   (a)   This chapter implements the California Retail Food Code as it applies to direct-sales caterers and catering operations, and reenacts with minor modifications prior County Code requirements for private event catering. The requirements of this chapter are applicable County-wide. Catering operations are also subject to the requirements of Chapter 1 of this division, and to the applicable requirements of the CRFC. In case of any inconsistency between a provision of this chapter and an applicable provision of the CRFC, the CRFC provision takes precedence.

   (b)   This chapter does not apply to the following food facility operations, which are regulated under the CRFC:

      (1)   Food service by a permitted temporary food facility at a community event or swap meet

      (2)   Food service by a mobile food facility directly from that facility

      (3)   Satellite food service by a permanent food facility

      (4)   Cottage food operation

   (c)   This chapter does not apply to any operation that is expressly excluded within the definition of "food facility" in subsection (c) of section 113789 of the HSC; or to the preparation of food by a cook-for-hire in a private home; or to the preparation of delivery of food that has been ordered by an individual consumer to that consumer at any location for his or her direct consumption.

SEC. 61.302. DEFINITIONS.

   (a)   "Approved food preparation" means food preparation approved by the Department pursuant to subsections (b) and (c) of section 61.303, as part of a caterer's standard operating procedures for additional food preparation at an event site or host facility.

   (b)   "Caterer" means a catering facility operator or restaurant operator, when catering.

   (c)   "Catering" means the preparation of food in a permitted kitchen at one location combined with the delivery, additional approved food preparation, and service of that food at a separate location. "Catering" does not include the activities excluded in section 61.301 of this chapter.

   (d)   "Catering facility" and "catering operation" mean all of the facilities, equipment, utensils and activities directly used by a caterer to store, prepare, transport, finish and serve catered food or used by the caterer to store or clean catering-related utensils or equipment. Facilities and equipment rented to a caterer are part of the catering operation while in the possession of the caterer. A catering facility or catering operation is a "food facility" subject to the CRFC and this chapter when operated for direct-sales catering, and is a food facility subject to this chapter when operated for food service at a private event.

114067).

   (e)   "Catering host facility" means a fixed facility established and regularly operated for purposes other than food service, that meets the requirements of section 61.307 and obtains the permit required by section 61.303. Direct-sales catering food service may only occur at a permitted catering host facility that meets the requirements of section 61.307 at the time the catered food is served.

   (f)   "Catering vehicle" means a "transporter" as defined in HSC section 113932, when used to transport food, beverages and related food preparation and food serving equipment and utensils to or from a catered function.

   (g)   "Department" means the Department of Environmental Health and Quality.

   (h)   "Director" means the Director of Environmental Health and their designees.

   (i)   "Direct-sales catering" means any catering where food is sold or served to individual consumers as members of the public, i.e., all catering other than private event catering. Direct-sales catering is only allowed at a permitted catering host facility that meets the requirements of section 61.306 at the time the catered food is served.

   (j)   "Private event catering" means catering where food is served to a predetermined number of guests invited to an event by a sponsor or organizer. Provided that the requirements in subsection (a) of section 61.305 are met, "private event catering" also includes catering at a "social function" or "sponsored commercial function."

   (k)   "Social function" means a sponsored pre-arranged gathering of people, who come together based on a common interest other than the food to be served at the social function, during which catered food is served to a pre-determined maximum number of people. An example would be a catered affinity club meeting, or a catered charity benefit event. A "community event" as defined in HSC section 113755 is not a "social function." (Food service at a "community event" is regulated as provided in the CRFC.)

   (l)   "Sponsored commercial function" means a function other than normal daily business operations at a commercial establishment or at beer or wine tasting premises (even if locally zoned as "industrial" or "agricultural"), during which catered food is served to a predetermined maximum number of people. An example would be a special event with food service to introduce a new vehicle to potential customers at a car dealership, or a monthly meeting of a winery's "wine club" at that winery. A "community event" as defined in HSC section 113755 is not a "sponsored commercial function." (Food service at a "community event" is regulated as provided in the CRFC.)

(Amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.303. CATERING PERMIT AND HOST FACILITY PERMIT REQUIREMENTS.

   (a)   All catering permits issued by the Department prior to the effective date of this ordinance, and all catering permits not designated by the Department as direct sales catering permits, are private event catering permits. No person shall engage in private event catering without a valid restaurant permit, private event catering permit, or direct sales catering permit. No person shall engage in direct-sales catering without a direct-sales catering permit. No person shall allow direct-sales catering at their facility without a valid catering host facility permit. Applications for private event catering permits, direct-sales catering permits and host facility permits must be made on a form or forms provided by the Department, and the applicable permit fees (if any) set out in section 65.107 of this code must be paid. The permit shall not be defaced or marred.

   (b)   The Director may deny a catering facility permit to any applicant if the catering equipment or the standard operating procedures for food preparation and service at the kinds of catered functions described by the applicant in the permit application do not comply with this Chapter or are insufficient to ensure food safety.

   (c)   Catering may not be conducted under a temporary food facility permit. The sale or distribution of food under a temporary food facility permit (aka "temporary event permit" or "annual temporary event permit") is limited to community events and swap meets. (A temporary food facility is subject to different standards than a caterer, as set out in the CRFC.)

   (d)   A private event catering permit or restaurant permit may only be used to prepare and serve food at private events, including social functions and sponsored commercial functions that qualify as private events.

   (e)   A direct-sales catering permit may be used to prepare and serve food at private events (including qualifying social functions and sponsored commercial functions), and to prepare, serve, and sell food at permitted catering host facilities.

   (g)   A catering host facility permit does not allow direct sales catering at the host facility by private event caterers or by restaurants that do not have a direct-sales catering permit, except at a private event.

   (g)   Catering permits and catering host facility permits may be modified, suspended, or revoked as provided in the CRFC for all food facility permits.

(Amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10786 (N.S.), effective 7-1-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.304. OPERATIONAL REQUIREMENTS AND PROHIBITIONS APPLICABLE TO ALL CATERERS.

   (a)   A catering facility operator may not directly or indirectly sponsor a private event, social function or sponsored commercial function at which that caterer prepares or serves food, and may not have a substantial ownership interest in a host facility at which that caterer sells food.

   (b)   In addition to meeting the requirements set out in this chapter, caterers when catering must consistently use the equipment and implement and maintain the operating procedures approved (or modified and then approved) by the Director.

   (c)   Prior to any catered function and prior to any catered food service at a catering host facility, all food shall be prepared at the permitted food facility identified in the caterer's permit application and approved by the Department for use by that caterer. (HSC Sections 113980 and 113984).

   (d)   All food to be catered shall be stored at the permitted food facility or approved commissary identified in the caterer's permit application and approved by the Department for use by that caterer.

   (e)   Prior to any catered function, all utensils and equipment shall be washed and stored at the caterer's permitted food facility, or at a food equipment rental establishment that meets the requirements of the CRFC and section 61.103 of this chapter. Prior to transportation, all utensils shall be sanitized as specified in the CRFC. (HSC 114095 - 114109.)

   (f)   Utensils and equipment shall be protected from contamination.

   (g)   Utensils that become contaminated during food preparation or service may not be reused unless cleaned and sanitized using sinks and procedures that meet the requirements of HSC sections 114099 and 114099.2.

   (h)   At all times that the caterer has control over the food, including periods of receiving, storage, preparation, transportation and service, all food shall be adequately protected so as to be maintained pure and free of contamination, adulteration, and spoilage.

   (i)   The caterer shall not provide home-prepared food at a catered function.

   (j)   All food handlers shall wash their hands and arms with cleanser and warm water before commencing work, immediately after using the toilet facilities, and as frequently as necessary to prevent contamination of food. Hands shall be washed in properly supplied and stocked hand wash sinks. (HSC 113952 - 113963.)

   (k)   The caterer shall have at least one food handler who shall have passed an ANSI accredited Food Protection Manager Certification exam and possess a valid certificate or card. (HSC 113947.1(a) and (f) through (i).)

   (l)   All food handlers must possess a valid County Food Handler Card. (HSC 113948 and County Code section 61.114.)

   (m)   The caterer must post signs or provide business cards at the event premises stating their business name and address, and caterer's permit number. (HSC 114337.)

   (n)   When requested by the Department (in order to allow an annual inspection or a reinspection at a function where food is served), the caterer shall provide the Department a list of the events and (if applicable) host facilities at which the caterer will serve food over the following two weeks, including the food service locations and dates and times of service at each location.

   (o)   Caterers shall maintain a written record of their food service at a private event or host facility for 90 days after each event or day of service. These records shall be provided to the Department upon request to facilitate investigation of a food-borne illness outbreak. The records shall include the event menu, the ingredients used in each food item sold or served, the sources of all ingredients, and the name of and contact information for the event organizer.

(Amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.305. ADDITIONAL OPERATIONAL REQUIREMENTS AND PROHIBITIONS APPLICABLE TO PRIVATE EVENT CATERERS.

   (a)   Private event catering must be arranged in advance of a private event (including a qualifying social function or sponsored commercial function), between the caterer and the sponsor. The arrangements must set a start time and end time for food service at the event, and must provide for a set quantity of food to be prepared, delivered and served based on the predetermined maximum number of people expected to participate in the event.

   (b)   In any agreement between a caterer and a private event organizer for catered food to be left at an event site by the caterer to be served by the event organizer, the caterer shall specify the equipment that must be present on-site to meet hot and cold holding requirements for potentially hazardous foods, and the caterer and organizer shall agree on whether the caterer or the organizer will provide that equipment. The caterer shall verify that adequate equipment is on-site when food is delivered.

   (c)   Any caterer who leaves food at a private event site to be served by the organizer shall provide written instructions on safe food handling and event duration to the organizer, including instructions to discard uneaten items that are or may contain potentially hazardous foods at the end of the safe duration for the event.

   (d)   A caterer may not serve or allow catered food to be served to anyone at a private event (including a qualifying social function), other than guests of the sponsor, or to be served to more people at a sponsored commercial function than the predetermined maximum number of participants.

   (e)   Caterers when engaged in private event catering must hold potentially hazardous foods at or below 41 degrees Fahrenheit or at or above 135 degrees Fahrenheit, except during preparation or cooking or transportation for a period of less than 30 minutes. (HSC section 113996.) If included and approved as a standard operating procedure a caterer may rely on time as a public health control at functions where food service ends not more than four hours after food is removed from temperature control at the function site.

   (f)   All potentially hazardous foods not consumed by the guests or by the predetermined number of participants at a private event (including a qualifying social function or sponsored commercial event) must be removed by the caterer for disposal at the agreed time for catered food service to end.

   (g)   Overhead protection must be provided for the food preparation area, except where prohibited by a local building or fire code. (HSC 114328(j)(2)).

(Amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)

SEC. 61.306. ADDITIONAL OPERATIONAL REQUIREMENTS AND PROHIBITIONS FOR CATERERS WHEN ENGAGED IN DIRECT- SALES CATERING.

   (a)   Caterers when engaged in direct sales catering must hold potentially hazardous foods at or below 41 degrees Fahrenheit or at or above 135 degrees Fahrenheit, except during preparation or cooking or transportation for a period of less than 30 minutes. (HSC section 113996(a).)

   (b)   Caterers when engaged in direct-sales catering must use portable mechanical refrigeration equipment as defined in HSC 113885 at the food service site, to maintain required cold-holding temperatures for potentially hazardous foods. Reliance on ice, portable cooling blocks, or ice chests or coolers to hold potentially hazardous foods is prohibited.

   (c)   All potentially hazardous foods that were not cold-held at or below 41 degrees Fahrenheit during the entire time the caterer was at the host facility must be discarded by the caterer when food service ends for that day.

SEC. 61.307. CATERING HOST FACILITY REQUIREMENTS.

   (a)   Clean toilet rooms that meet local building and plumbing codes shall be in place at the host facility, located not more than 200 feet from the area where the caterer prepares food, and must be accessible to the caterer's food handlers. The toilet rooms can be the same rooms used by the host facility. (HSC section 114250 and 114250.1.)

   (b)   Warewashing sinks meeting the requirements in HSC section 114099 must be in place at the host facility, accessible to the caterer, and near the area where the caterer prepares food. These sinks can be the same sinks used by the host facility. The host facility shall provide the caterer access to the sinks while food preparation and service by the caterer is ongoing. The host facility does not need to provide access to the sinks to facilitate washing of the caterer's utensils and equipment after food service ends.

   (c)   A curbed cleaning facility (aka "mop sink") that meets the requirements of HSC section 114279(a) shall be present in the host facility and accessible to the caterer's food handlers at all times.

   (d)   Handwashing facilities that meet the requirements in HSC sections 113953 through 113953.2 and section 113953.5 shall be present in the host facility and accessible to the caterer's food handlers at all times.

   (e)   The host facility shall provide sufficient electrical power to operate the caterer's mechanical refrigeration equipment.

   (f)   The host facility shall provide potable hot and cold water for use by the caterer that meets the requirements in HSC sections 114192 and 114195.