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HomeMy WebLinkAbout1998-03-10 - AGENDA REPORTS - ADOPT ORD 98 8 FOOD SERVICE (2)NEW BUSINESS DATE: SUBJECT: DEPARTMENT: AGENDA REPORT City Manager ApproN Item to be presented -Kevin Tonoian March 10, 1998 ADOPTION OF ORDINANCE NO. 98-8, RELATING TO THE INSPECTION AND OPERATION OF FOOD SERVICE ESTABLISHMENTS Planning and Building Services RECOMMENDED ACTION City Council introduce and pass to second reading Ordinance No. 98-8, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING BY REFERENCE LOS ANGELES COUNTY ORDINANCE 97-0071, AMENDING TITLES 8 AND 11 - CONSUMER PROTECTION AND HEALTH AND SAFETY, OF THE LOS ANGELES COUNTY CODE, RELATING TO THE INSPECTION AND OPERATION OF FOOD SERVICE ESTABLISHMENTS.. BACKGROUND On December 17, 1997, the Los Angeles County Board of Supervisors adopted Ordinance No. 97-0071, amending Titles 8 and 11 - Consumer Protection and Health and Safety - of the Los Angeles County Code, relating to the operation of food service establishments. Specifically, the ordinance approved the implementation of a letter grade and inspection score card system for all food establishments and required the posting of a letter grade card or inspection card, which is clearly visible to the general public and to patrons entering the establishment. Additional provisions of the County ordinance included the following: that all food establishments keep inspection reports for review by the general public; that all food establishments for which the public health permit has been suspended or revoked post a notice of closure and requiring these establishments to remain closed until further action of the county health officer; that all food establishments post a notice providing the address and telephone number of the local environmental health office responsible for the oversight of the establishment; that a food handler's training certification program be established and that all food establishments have a person certified in safe foodhandlingpractices on the premises at all times; and other technical changes. kn Agenda Remff L .� i ADOPTION OF ORDINANCE NO. 98-8, RELATING TO THE INSPECTION AND OPERATION OF FOOD SERVICE ESTABLISHMENTS March 10, 1998 The Los Angeles County Health Department subsequently requested that the City Council adopt the subject ordinance by reference in order to allow for the enforcement of its provisions within the City of Santa Clarita. The above requirements became effective in the unincorporated areas of Los Angeles County on January 16, 1998. Since that time, County Health Officials who have attempted to enforce the same requirements within other contract cities .have been met with a degree of opposition from restaurant owners. This opposition is likely due to the possibility that restaurant owners may experience an economic hardship as a result of posting a low grade in clear view to the general public. This program, however, is intended to assist restaurants in developing and maintaining cleanliness standards that will ensure the health and safety of restaurant patrons and workers alike. Therefore, because this is a matter of public health, and the fact that the City of Santa Clarita contracts with the Los Angeles County Health Department and has agreed to maintain an ordinance substantially similar to the Consumer Protection and Health and Safety Titles of the Los Angeles County Code, staff has prepared City Ordinance No. 98-8, adopting by reference County Ordinance No. 97-0071, for review and consideration by the City Council. ALTERNATIVE ACTIONS City Council decline passage of City of Santa Clarita Ordinance No. 98-8 to second reading. Other action as determined by City Council. FISCAL IMPACT No immediate impact. ATTACHMENT City of Santa Clarita Ordinance No. 98-8 Los Angeles County Ordinance No. 97-0071, available for review in the City Clerk's Reading File. KMP:RMB:KLL:ce e: \ pbs \ council \ agn98-8.ka ORDINANCE NO. 98-8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, ADOPTING BY REFERENCE LOS ANGELES COUNTY ORDINANCE NO. 97-0071, AMENDING TITLES 8 AND 11 - CONSUMER PROTECTION AND HEALTH AND SAFETY - OF THE LOS ANGELES COUNTY CODE, RELATING TO THE OPERATION OF FOOD ESTABLISHMENTS WHEREAS, the City Council of the City of Santa Clarita has previously adopted by reference Titles 8 and 11, Consumer Protection and Health and Safety, of the Los Angeles County Code, and WHEREAS, on December 16, 1997, The County Board of Supervisors adopted Ordinance No. 97-0071, amending the Los Angeles County Code, Titles 8 and 11, Consumer Protection and Health and Safety, establishing a letter grade and inspection score system for all food establishments and requiring the posting of a letter grade score card or an inspection score card, or both; and WHEREAS, additional provisions of the County Ordinance No. 97-0071 include requiring all food establishments to keep copies of inspection reports for review by the general public; requiring all food establishments for which the public health permit has been suspended or revoked to post a notice of closure and requiring these establishments to remain closed until further action of the county health officer; requiring all food establishments to post a notice providing the address and telephone number of the local environmental health office responsible for oversight of the establishment; establishing a food handler's training certification program and requiring all food establishments to have a person certified in safe food handling practices on the premises at all times; and other technical changes; and WHEREAS, the City of Santa Clarita has contracted with the County of Los Angeles to enforce Titles 8 and 11 of the Los Angeles County Code and in such contract has agreed to maintain an ordinance substantially similar to the Consumer Protection and Health and Safety Titles of the Los Angeles County Code; and WHEREAS, it is the desire of the City of Santa Clarita to incorporate by reference Los Angeles County Ordinance #97-0071 until such time as the City Council enacts a superseding ordinance. THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, DOES ORDAIN AS FOLLOWS: SECTION 1. That Los Angeles County Ordinance No. 97-0071, amending Titles 8 and 11 of the Los Angeles County Code, relating to the operation of food establishments, is hereby adopted by reference as a portion of the Santa Clarita Municipal Code. SECTION 2. That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published as required by law. PASSED AND APPROVED this day of '1998. MAYOR ATTEST: CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF SANTA CLARITA I, Sharon Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Ordinance No. 98-8 was regularly introduced and placed upon the first reading at a regular meeting of the City Council on the day of , 1998. That thereafter, said Ordinance was duly adopted and passed at a regular meeting of the City Council on the day of , 1998 by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS CITY CLERK sdpbskomu:ilMN9R-R kp ANALYSIS An ordinance amending the Los Angeles County Code, Title 8 - Consumer Protection and Title 11 - Health and Safety, relating to the operation of food establishments by: 1. Establishing a letter grade and inspection score system for all food establishments and requiring the posting of a letter grade card or inspection score card, or both; 2. Requiring all food establishments -to keep copies of inspection reports for review by the general public; 3. Requiring all food establishments for which the public health permit has been suspended or revoked to post a notice of closure and requiring these establishments to remain closed until further action of the county health officer; 4. Requiring all food establishments to post a notice providing.the address and telephone number of the local environmental health of\N'ce responsible for oversight of the establishment; 5. Establishing a food.handler's training.certification program and requiring all food establishments to have a person certified in safe food handling practices on the premises at all times; and 6. Making other, technical changes. DE WITT W. CLINTON County Counsel By S'6 ty`n G - U c/6c V, SHARON A. REICHMAN Deputy County Counsel Public Services Division SAR:sar 12-3-97 NO. 97-0071 An ordinance amending the Los Angeles County Code, Title 8 - Consumer Protection and Title 11 - Health and Safety, relating to food establishments. The Board of Supervisors of the County of Los Angeles ordains as follows: SECTION 1. Section 8.04.165 is added to read as follows: Section 8.04.165 Food Official Inspection Report. "Food Official Inspection Repor\' means the written notice prepared and issued by the county health officer after conducting an inspection of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. iSECTION 2. Section 8104.225 is added to read as follows: Section 8.04.225 .Grading & Letter Grade Card. A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection of.a food establishment. The grade shall be based upon the scoring method set forth in this section resulting from the Food Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable -federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. B. "Letter Grade Card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using a Letter Grade Card in combination with an Inspection Score Card. The county health officer, in his discretion, shall determine whether to post the Letter Grade Card, the Inspection Score Card,. or both. C. The county.health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, does not achieve a "C" grade as defined herein. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in.his discretion, immediate closure.is necessary to protect th+,.public health. D. The letter grade shall be based upon the final numerical percentage score set forth in the Food Official Inspection Report, as follows: 1. A grade of "A" shall indicate a final score of ninety percent (90%) or higher as determined by the county health officer; 2. A grade of "B" shall indicate a final score less than ninety percent (90%)--but'not less than eighty percent (80%) as determined by the county health officer; 3. A grade of "C" shall indicate a final score less than eighty percent (80%) but not less than seventy percent (70%) as determined by the county health officer. SECTION 3. Section 8.04.275 is added to read am follows: Section 8.04.275 Inspection Score Card. A. "Inspection Score Card" means a card that may be posted by the county health officer at a food establishment, upon completion of a routine inspection, that indicates the total' numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer.from creating and using an Inspection Score Card in combination with a Letter Grade Card. The \\ county health officer, in his discretion, shall determine whethertVo post the Inspection Score Card, the Letter Grade Card, or both. B. The county -health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, achieves a total numerical percentage score less than seventy percent (70%) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is,necessary to protect the public health. SECTION 4. Section 8.04.337 is added to read as follows: Section 8.04.337 Notice of Closure. "Notice of Closure" • means a public notice that may be posted by the county health officer at a food establishment upon suspension or revocation of the establishment's public health permit and that results in the immediate closure of the establishment and the discontinuance of all operations of the food establishment, by order of the public health officer, because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. SECTION 5. Section .04.405 is added to read as follows: Section 8.04.405 Routine Inspection.."Routine Inspection" means a periodic, unannounced inspection of any •business or occupation specified in.Section 8.04.720 to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules,..regulations, ordirectives relating -to the public health. A Routine Inspection shall not mean an inspection condtcted by the county health officer to determine compliance with a previously issued Food Official Inspection Report or any interim inspection conducted to determine compliance with specific regulations or legal requirements. SECTION 6. Section 8.04.752 is added to read as follows: Section 8.04.752 Posting Requirements - Penalty for Non- Compliance- Documents Available for Public Review. A. Upon issuance by the county health officer, the health officer shall post at every food establishment the Letter. Grade Card, the Inspection Score Card, or both, as determined by the county health officer, so as to be clearly visible to the general 1. Posted in the front window of the establishment within five (5) feet of the front door; 2. Posted in a display case mounted on the outside front wall of the establishment within five (5) feet of the front door; or 3. Posted in a\location as directed and determined in the discretion of the county health officer to ensure proper notice to the general public and to patrons. B. In the event that a food establishment is operated in the same building.or space as a separately licensed or permitted business, or in the event that a. food establishment shares a common patron entrance with such a separately licensed or permitted business, or 11v the event of both, the county health officer shall post the Letter Grade Card, the Inspection Score Card, or both, in the initial patron contact area, or in a location as determined.in the.discretion of -the county health officer. C. The Letter.Grade Card and the Inspection Score Card shall.not be defaced, marred; camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, is or are in place as set forth hereunder. Removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this chapter E public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" shall mean: 1. Posted in the front window of the establishment within five (5) feet of the front door; 2. Posted in a display case mounted on the outside front wall of the establishment within five (5) feet of the front door; or 3. Posted in a\location as directed and determined in the discretion of the county health officer to ensure proper notice to the general public and to patrons. B. In the event that a food establishment is operated in the same building.or space as a separately licensed or permitted business, or in the event that a. food establishment shares a common patron entrance with such a separately licensed or permitted business, or 11v the event of both, the county health officer shall post the Letter Grade Card, the Inspection Score Card, or both, in the initial patron contact area, or in a location as determined.in the.discretion of -the county health officer. C. The Letter.Grade Card and the Inspection Score Card shall.not be defaced, marred; camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, is or are in place as set forth hereunder. Removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this chapter E and may result in the suspension or revocation of the public 0 health permit and shall be punishable as specified in Section 8.04.930. D. Every food establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment: "Any public health concerns regarding this establishment should\be directed to the County of Los Angeles, Environmental Health office located at: (local office address and telenhone number to be provided by the county health officer)." E. The Food Official Inspection Report upon which the Letter Grade Card, the Inspection Score Card, or both, are based Isand all_P,1ubsequent reports issued by the county health officer shall be maintained at �be food establishment and shall be available to the general public and to patrons for review upon request. The food establishment shall keep the Food Official Inspection Report and all subsequent reports until such time as. the county health officer completes the next routine inspection of the establishment and issues a new Food Official Inspection Report. SECTION 7. Section 8.04.755 is added to read as follows: Section 8.04.755 Letter Grade Card & Inspection Score Card - Period of Validity. A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health r� U U officer completes the next routine inspection of the food establishment. SECTION 8. Section 8.04.943 is added to read as follows: Section 8.04.943 Public Health Permit Suspension or Revocation - Notice of Closure A. Upon issuance of a written notice of suspension or revocation of the public health permit by the county health officer, the health officer shall post a Notice of Closure at the food establishment so as &o be clearly visible to the general public and to patrons. B. Upon issuance of the written notice of suspension or revocation of the public health permit by the county health officer, the food establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of iw county health officer or until the establishment no longer operates as a food establishment. C. The Notice of Closure shall remain posted until removed by the county health officer. Removal of the Notice of Closure by any person other than the county health officer or the refusal of a food establishment to close upon issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food establishment's public health permit and shall be punishable as specified in Section 8.04.930. r1 U SECTION 9. Chapter 11.11 is added to read as follows: Chapter 11.11 FOOD HANDLER'S TRAINING CERTIFICATION Section 11.11.010 Definitions. As used in this chapter: A. "Certified Food Handler" means an owner, operator, or any other person at least eighteen (18) years of age who supervises all or part of the food service operations within a Food Service Operation and is responsible for training the operation's employees in the areas set forth in Section 11.11.190. At the discretion of the Director, and upon a.showing of good cause, the Director may waive the requirement that a Certified Food Handler be at least eighteen (18) years of age. B.. "Department" means the County of Los Angeles, Department of Health Services. C._ -'!Director" means the Director of the Department of Health Services or his *ftly authorized designee. D. "Food Handler's Training Certificate" means a certificate issued by the Department, certifying that a Food Handler has satisfactorily demonstrated competency in food protection and practices by passing a written examination administered by the DepaYtment or by completing a food handler's training course approved by the Director. E. "Food Service Operation" means any food service business which prepares any potentially hazardous food on the premises for sale or gift to the public and includes but is not limited to all restaurants, markets, bakeries, mobile food preparation units, commissaries, and food processing establishments. 11 0 F. "Potentially Hazardous Food" shall mean those foods set forth in California Health and Safety Code section 113845 as it currently exits or hereafter may be amended Section 11.11.020 Application & Effect. A. Within one (1) year of the effective date of this ordinance, each Food Service Operation as defined in Section 11.11.150 shall have at least one Certified Food Handler on the Premises at all times during operating hours B. Failure to have �L Certified Food Service Handler on site at all times during the operating hours of the Food Service Operation and as specified in this section within one (1) year from the effective date of this ordinance shall be grounds for the suspension or revocation of the operation's public health permit pursuant to the applicable provisions of Chapter 8.04 of this Code and shall be punishable as set forth in Section 8.04.930. Section 11.11.030 Procedure for Obtaining a Food Handler's Training Certificate. A. Every person desiring certification as a Certified Food Handler shall file with the Department an application for certification, accompanied by an application fee. Upon application, each person desiring certification shall provide: 1. Proof of successful completion of a food handler's training course approved by the Department;, 2. A food handler's training certificate which indicates passage of an examination developed and administered by The Center for Occupational and Professional Assessment of the Educational Testing Service; or 3. Any other food handler's training certificate which, in the discretion of the Director, is equivalent to either (1) or (2) above. B. In the alternative to the procedure set forth in subdivision A, any person desiring certification as a Certified Food Handler, upon payment of an examination fee, may take an examination administered by the Department. The Department shall certify only those persons who receive a score of seventy-five percent (75%) or higher on its examinations. The payment of any examination fee shall be in addition to the application fee set forth in.this section. Section 11.11.040 Food Handler's Training Course. Any food handler's training course taken by a person desiring certification`as a Cert -ed Food Handler shall be a minimum of four (4) hours in duration. The course of instruction shall include, but not be limited to, the following subject matter: microorganisms, sources'of foodborne illness microorganisms, foodborne illness, the means by which food is contaminated by microorganisms and toxic substance, the methods for protection of food to prevent foodborne illnesses, personal hygiene for food handlers, proper utensils and equipment washing and sanitizing, and proper receiving and storage of food. Section 11.11.050 Multiple Food Service Operations.' Persons who operate more than one Food Service Operation shall be 0 required to have a Certified Food Handler at each operation at all times during operating hours. Section 11.11.060 Exemptions. , Food Service Operations which deal exclusively in non -potentially hazardous prepackaged food and beverages or Food Service Operations required by the Department to have only temporary operating permits shall be exempt from the provisions of this chapter. Section.11.11.070 Display of Food Handler's Training Certificate. The -Food Handler's Training Certificate shall be postedina conspicuous place within the Food Service Operation, or in a location designated and approved by the Director. Section 11.11.080 Change of Certified Food Handler. A Certified Food Handler who changes his or her place of employment after obtaining a Food Handler's Training Certificate may display the certificate in an other Food Service Operation in which he or she subsequently i s Mployed. A Food Service Operation which loses its Certified Food Handler must obtain another Certified Food Handler within thirty days. Section 11.11.090 List of Certified Food Handlers. The Department shall maintain a current list of all Certified Food Handlers within the County of Los Angeles. Section 11.11.100 Expiration. The Food Handler's Training Certificate shall be valid,for four (4) years from the date of issuance. Upon the expiration of the Food Handler's Training Certificate, all persons must re -apply for a new certificate according to the procedure set forth in Section 11.11.030. .Section 11.11.110 Duplicate Food Handler's Training • Certificate. The Director, upon a showing of good cause, may issue duplicate Food Handler's Training Certificates upon payment of a duplicate certificate fee. Section 11.11.120 Revocation of Food Handler's Training Certificate. A. The Director may immediately revoke any Food Handler's Training Certificate when any of.the following is found to exist within a Food Service Operation which is operated by or under the supervision of a Certified Food Handler: 1. Evidence indicating repeated or continuing violations of required procedures.and practices in the preparation, service, storage, distribution or sale of food or beverage offered for public consumption; w?. Any condition detrimental to the public health, which shall include but Trot be limited to any condition that can cause food infection, food intoxication, disease transmission or any hazardous condition including but not limited to unsafe food temperature; or. 3. Evidence indicating falsification of information required by the Department for issuance of.the Food Handler's Training Certificate. B. The Director shall issue a notice to the Certified Food Handler setting forth the -acts or omissions with which he or she is charged and informing him or her of the right to a hearing,- if requested, to show cause why the certificate should be reinstated. C� •Section 11.11.130 Right to Appeal Following Revocation. A. Any Certified Food Handler whose certificate has been revoked may make a written request for hearing within fifteen (15) calendar days after receipt of the notice specified in Section 11.11.230 to show cause why the certificate should be reinstated. A failure to request a hearing within fifteen (15) calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the Director may order a hearing at any reasonable time within this fifteen (15) day period to expedite the certification revocation process. B. The hearing shall be held within fifteen (15) calendar days of the receipt of the request for a hearing. Upon written request of the Certified Food Handler, the Director may postpone any hearing date, if circumstances warrant such action. C. An Environmental Health Services Manager for the Department shall preside over any hearing requested under this section. Section 11.11.140 Notice of Decision. The Director shall issue a written notice of decision to the Certified Food Handler within five (5) working days of the hearing. The notice of decision shall specify the acts or omissions with which the Certified Food Handler is charged and shall specify either that the certificate remains revoked or that it has been reinstated. Section 11.11.150 violation. Notwithstanding any other provision of this chapter, violation of this chapter is punishable by a fine of not more than $500.00 or by imprisonment Z_. in the County jail for not more than six months, or both. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted makes such violation a separate offense. Section 11.11.160 Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the remainder of the.chapter and the application of such provision to other persons or circumstances shall not be affected thereby. R. [804165sr.coc] is Section to . This ordinance shall be published in Metropolitan News Enterprise a newspaper printed and published in the County Supervisors of the County of hereby certify that at its meeting of December 16, 1997 the foregoing ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the following vote, to wit: L Supervisors Gloria Molina g e 4'q{r�1 Zev.Yaroslaysk Don Knabe ve Mike Antonovich Yvonne Brathwaite Burke Effective Date: January 16, 1998 I. hereby certify that pursuant t6 --- Section 25103 of the Government code, delivery of this document has been made, JOANNE STURGES Executive Officer - Clerk of the Board of Supervisors By� DEPUTY I -B (Rev 6/9� ' „- Supervisors. None ��I J4 1 ecutive Officer - Cle of the Board of Supervisors of the County of Los Angeles APPROVED AS TO FORM: my LO ser Raymori . Fortner, Jr. Chief Deputy County Counsel