HomeMy WebLinkAbout1998-03-24 - AGENDA REPORTS - ADOPT ORD 98 8 FOOD SERVICE (2)AGENDA REPORT
City Manager Approval
Item to be presented by:
Kevin Tonoian
UNFINISHED BUSINESS
DATE: March 24, 1998
SUBJECT: ADOPTION OF ORDINANCE NO. 98-8, RELATING TO THE
INSPECTION AND OPERATION OF FOOD SERVICE
ESTABLISHMENTS
DEPARTMENT: Planning and Building Services
RECOMMENDED ACTION
City Council adopt Ordinance No. 98-8, entitled 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
food handling practices on the premises at all times; and other technical changes.
Az'cpted:n on1110J—t
ADOPTION OF ORDINANCE NO. 98-8, RELATING TO THE
INSPECTION AND OPERATION OF FOOD SERVICE ESTABLISHMENTS
March 24, 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 prepared City Ordinance No. 98-8, adopting by reference County Ordinance No. 97-0071,
which the City Council introduced and passed reading of on March 10, 1998 .
ALTERNATIVE ACTIONS
City Council decline adoption of City of Santa Clarita Ordinance No. 98-8.
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.
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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
F41-33 to �Y CGIIACa)Ir UV MOV 0006X9
ABSTAIN: COUNCIL MEMBERS
CITY CLERK
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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 gradeandinspection 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 ofrn ce responsible for oversight of the
establishment;
S. 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 �j6 M G - QJ-". c�t cYyy�
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 8.04.1.65 Food Official Inspection Report. "Food
Official Inspection Report' 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.
SECTION 2. Section 8!04.225 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 Inbpection 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. (90t) 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 as 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-Gr4de Card. The cdiinty health officer, in his discretion,
shall determine whether`Vo 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�8.04.405 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.Sectioa 8.04.720 to determine compliance
with all applicable federal, state and local statutes, orders,
ordinances, quarantines, rules, regulations, or directives
relating -to the public health. A Routine Inspection shall not
mean an inspection condhcted 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
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 fdod 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 1*v 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
and may result in the suspension or revocation of the public
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 telephone 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
and all--spbsequent reports issued by the county health officer
shall be maintained at bJie 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
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 6o 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 bW 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.
.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 16ast 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 wily 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 Department 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.
-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 $ 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 thic 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
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 HaIdler's Training Certificate shall be
posted in a 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 cerci-4icate in an oth6r Food Service operation in which he
or she subsequently is 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;
�2. Any condition detrimental to the public health,
which shall include but \sot 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.
.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 bearing at any reasonable time within
this fifteen (15).day period to expedite the certification
revocation process.
B. The hearing shall beheld 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
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.
[804165sr.coc]
i
Section la This ordinance shall be published in
Metropolitan News Enterprise
a newspaper printed and published in the County of os Angeles.
ATTEST:
ecuiive Officer - Clerlaf the', Board of
Supervisors of the County of Ls Angeles
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: ;
Ay—es
Supervisors Gloria Molina
Zev Yarosladsk
Don Knabe`
.Mike Antonovich
Yvonne Brathwaite Burke
Effective Date: January 16, 1998
Z hereby certify that pursuant to
Section 25103 of the Government Code,
delivery of this document has been made.
JOANNE STURGES
Executive Officer -
Clerk of the Board ofSupervisors
By/i�1/� ✓d/ 1�.�.r_i
"DEPUTY
VI-Ba(Rev 6/97)
Noes
Supervisors . None
ecutive Officer - Cle of the Board of
Supervisors of the County of Los Angeles
APPROVED AS TO FORM:
:se,
on . Fortner, Jr.
Deputy County Counsel