2005 California Health and Safety Code Sections 114185-114195 Article 9. Open Air Barbecue Facilities

114185.  This article governs sanitation requirements for open-air
barbecue facilities as defined in this chapter.
114190.  Notwithstanding the provisions of this chapter, neither the
state department nor any city, county, or city and county shall
require the enclosure of an open-air barbecue facility if the
appropriate enforcement officer determines that the barbecue facility
meets all of the following requirements:
   (a) (1) The barbecue facility is operated on the same premises as,
in reasonable proximity to, and in conjunction with, a food
establishment, temporary food facility, or stationary mobile food
preparation unit.
   (2) For purposes of this chapter, the permitted food
establishment, temporary food facility, or stationary mobile food
preparation unit shall be deemed to be the operator of the barbecue
facility, and shall be responsible for ensuring that it is operated
in full compliance with this chapter.
   (b) All food waste and rubbish containing food waste is handled in
accordance  with the requirements of Section 114035.
   (c) The facility is operated in compliance with Articles 6
(commencing with Section 113975) and 7 (commencing with Section
113990), except for Sections 114030, 114045, and 114060.
   (d) The multiservice utensils and equipment used in conjunction
with the open-air barbecue facility are made of nontoxic materials,
are constructed and maintained in a manner so they can be easily
cleaned, and are kept clean and in good repair.
   (e) Food and beverages served out of doors are dispensed from
units approved by the enforcement officer.  No other food may be
prepared or stored in the out of doors, except for food cooked on the
open-air barbecue unit.
   (f) (1) Except as otherwise provided in paragraph (2), no live
animals, birds, or fowl shall be kept or allowed in an area within 20
feet of any area where food or beverage is prepared, stored, kept,
or served.
   (2) Paragraph (1) does not prohibit the presence, in any area
where food is served to the public, guests, or patrons, of a guide
dog, signal dog, or service dog, as defined by Section 54.1 of the
Civil Code, accompanied by a totally or partially blind person, deaf
person, person whose hearing is impaired, or handicapped person, or
dogs accompanied by persons licensed to train guide dogs for the
blind pursuant to Chapter 9.5 (commencing with Section 7200) of
Division 3 of the Business and Professions Code.
   (3) Paragraph (1) does not apply to dogs under the control of
uniformed law enforcement officers or of uniformed employees of
private patrol operators and operators of a private patrol service
who are licensed pursuant to Chapter 11.5 (commencing with Section
7580) of Division 3 of the Business and Professions Code, while those
employees are acting within the course and scope of their employment
as private patrol persons.
   (4) Those persons and operators described in paragraphs (2) and
(3) are liable for any damage done to the premises or facilities by
the dog.
   (g) If the barbecue facility is a permanent structure, it is
equipped with an impervious and easily cleaned floor surface that
extends a minimum of five feet from the open-air barbecue facility on
all open sides.
   (h) The barbecue facility is located in an area reasonably
protected from dust, as determined by the enforcement officer.
   (i) The barbecue facility is not operated in, or out of, any motor
vehicle or in any area or location that may constitute a fire
hazard, as determined by the  enforcement officer.  For the purposes
of this section, a motor vehicle does not include a stationary mobile
food preparation unit, as defined in Section 113890.
   (j) Sanitary facilities, including, but not limited to, toilet
facilities and handwashing facilities shall be available for use
within 200 feet of the barbecue facility and shall comply with all
provisions of this chapter.  Sanitary facilities that do not meet the
requirements of this chapter shall not be located closer to the
barbecue facility than the sanitary facilities required to be
provided by this section.
114195.  No air pollution control district or air quality management
district shall require the enclosure of an open-air barbecue
facility if the appropriate enforcement officer determines that the
barbecue facility meets all requirements prescribed by Section
114190.