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HomeMy WebLinkAboutORD 1171ORD 1171$Í;¢f4§.ORDINANCE NO. 1171 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK. CALIFORNIA, ADOPTING BY REFERENCE LOS ANGELES COUNTY CODE. TITLE 11. HEALTH AND SAFETY CODE, AND PORTIONS OF TITLE 8. CONSUMER PROTECTION CODE CONCERNING THE INSPECTION AND RATING OF RESTAURANTS NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 94.01 of Chapter 94 of Title 9 Public Health Code; Adopted by Reference" of the Baldwin Park Municipal Code, concerning adoption of the Los Angeles County Health Code, is hereby repealed in its entirety. SECTION 2. Section 94.01 of Chapter 94 of Title 9 of the Baldwin Park Municipal Code. concerning adoption of the Los Angeles County Health Code. is hereby reenacted to read as follows: 94.01 PUBLIC HEALTH CODE; ADOPTED BY REFERENCE" A) There is hereby adopted by reference, except as hereinafter provided, the Los Angeles County Code. Title 11. Health and Safety as currently in effect and as amended through Los Angeles County Ordinance No. 97- 0071, and portions of Title 8, Consumer Protection as contained in Los Angeles County Ordinance No. 97-0071. These ordinances and codes shall become the Health and Safety Ordinance of the City of Baldwin Park protecting and preserving the public health, safety and welfare by the enactment, inspection and enforcement of the health regulations therein contained and providing penalties for the violations of the Health Code. B) At least one copy of the Health Code shall be kept on file in the office of the City Clerk or Code Enforcement Supervisor and shall be maintained by the City Clerk or Code Enforcement Supervisor for use and examination by the public. C) In the event of any conflict or ambiguity between the provisions contained in the Health Code and any amendments thereto or additions thereto contained in this chapter, the amendments or additions thereto shall control. D) In the event of any conflict or ambiguity between any provision contained in the Health Code and any other provision of the Baldwin Park Municipal Code. the provisions of the Baldwin Park Municipal Code shall have control. BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.Ordinance No. 1171 Page 2 SECTION 3. Severability. The City Council hereby declares that it would have passed this Ordinance sentence by sentence, paragraph by paragraph, and section by section, and does hereby declare that the provisions of this Ordinance are severable, and if, for any reason, any sentence, paragraph or section of this ordinance shall be held invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 4. Nothing in this ordinance shall repeal any previously enacted sections of Chapter 94 of Title 9 of the City of Baldwin Park Municipal Code. APPROVED and ADOTPED this 17th day of January. 2001. 7J L /^W^^ Mayor ManuaL Lozano ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK ss. I. Rosemary M. Ramirez. Deputy City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was regularly introduced for first reading at a regular meeting of the City Council on December 20. 2000. That thereafter, said Ordinance was duly approved and adopted at a regular meeting of the City Council on January 17, 2001, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: /<;0(jNfclLMEMBERS: Rosemaily^Raphirez. CMC Deputy City ClerI Linda Gair. Marlen Garcia. Mayor Pro Tern Ricardo Pacheco and Mayor Manuel Lozano William Bill" Van Cleave None None BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.E^HIBIT'A" ORDINANCE NO. 97-0071 An ordinance amending the Los Angeles County Code, Title 8 Consumer Protection and Title 11 Health and Safety, relating to food establishments. The Board of Supervisors of the County of Los Angeles ordains as follows: SECTION 1. Section 8.04.165 is added/to read as follows: Section 8.04.165 Food Official Inspection Report. Food Official Inspection Report" means the written notice prepared and issued by the county health officer after conducting an inspection of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. SECTION 2. Section 8.04.225 is added to read as follows: Section 8.04.225 Grading & Letter Grade Card. A. Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection of a food establishment. The grade shall be based upon the scoring method set forth in-this section resulting from the Food s.' Official Inspection Report and shall reflect the food establishment's degree of compliance with all applicable federal, state and local statutes, orders, ordinances. quarantines, rules, regulations, or directives relating to the public health. b. Letter Graue Card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine inspection that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.provision, a food establishment shall include a food establishment operating in conjunction w'rth 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 shati prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the 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 f, 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 office;. BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.SECTION 3. Section 8.04.275 is added to read as follows: Section 8.04.275 Inspection Score Card. A. Inspection Score Card" means a card that may be posted by the county health officer at a food establishment/ upon completion of a routine inspection, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using an Inspection Score Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both. B. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, achieves a total numerical percentage score less than seventy percent 70%) as set forth in Section 8.04.225. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health. SECTION 4. Section 8.04.337 is added to read as follows: Section 8.04.337 Notice of Closure. Notice of Closure" means a public notice that may be posted by the county health officer at a food establishment upon suspension or revocation of the establishment's public health permit and that results in the immediate closure of the BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.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 Section 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 conducted 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 Penahy 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 L,eneral 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) BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.feet of the front door; 2. Posted in a display case mounted on the outside front wall of the establishment within five 5) feet of the front door; or 3. Posted in a location as directed and determined in the discretion of the county health officer to ensure proper notice to the general public and to patrons. B. In the event that a food establishment is operated in the same building or space as a separately licensed or permitted business, or in the event that a food establishment shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the county heaHh officer shall post the Letter Grade Card, the Inspection Score Card, or both, in the initial patron contact area, or in a location as determined in the discretion of the county health officer. C. The Letter Grade Card and the Inspection Score Card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card, the Inspection Score Card, or both, as determined by the county health officer, is or are in place as set forth hereunder. Removal of the Letter Grade Card, the Inspection Score Card, or both, is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 8.04.930. D. Every food establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment: Any public health concerns regarding this establishment should be BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.directed to the County of Los Angeles, Environmental Health office located at: /local office address and telephone number to be provided bvjhe 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 subsequent reports issued by the county health officer shall be maintained at the 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 hearth 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 sha» post a Notice of Closure at the food establishment so as to be clearly visible to the general public and to patrons. BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§. B. Upon issuance of the written notice of suspension or revocation of the public health permit by the county health officer, the food establishment shall immediately close to the general public and to patrons and shall discontinue ad operations until the public health permit has been reissued or reinstated by order of the county health officer or until the establishment no longer operates as a food establishment. C. The Notice of Closure shall remain posted until removed by the county health officer. Removal of the Notice of Closure by any person other than the county health officer or the refusal of a food establishment to close upon issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food establishment's public health permit and shall be punishable as specified in Section 8.04.930. BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§. 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 11.11.040. 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 duty 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 BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§. preparation units, commissaries, and food processing establishments. F. Potentially Hazardous Food" shall mean those foods set forth in California Health and Safety Code section 113845 as it currently exists or hereafter may be amended. Section 11.11.020 Application & Effect. A. Within one 1) year of the effective date of this ordinance, each Food Service Operation as defined in Section 11.11.010 shall have at least one Certified Food Handler on the premises at all times during operating hours. B. Failure to have a Certified Food Service Handler on site at all times during the operating hours of the Food Service Operation and as specified in this section within one 1) year from the effective date of this ordinance shall be grounds for the suspension or revocation of the operation's public health permit pursuant to the applicable provisions of Chapter 8.04 of this Code and shall be punishable as set forth in Section 8.04.930. Section 11.11.030 Procedure for Obtaining a Food Handler's Training Certificate. A. Every person desiring certification as a Certified Food Handler shall file with the Department an application for certification, accompanied by an application fee. Upon application, each person desiring certification shall provide: 1. Proof of successful completion of a food handler's training course approved by the Department; 2. A food handler's training certificate which indicates passage of an examination developed and administered by The Center for Occupational and BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§. ORD 1171$Í;¢f4§. Section 11.11.060 Exemptions. Food Service Operations which deal exclusively in non-potentially hazardous prepackaged food and beverages or Food Service Operations required by the Department to have only temporary operating permits shall be exempt from the provisions of this chapter. Section 11.11.070 Display of Food Handler's Training Certificate. The Food Handler's Training Certificate shalf be posted in a conspicuous place within the Food Service Operation, or in a location designated and approved by the Director. Section 11.11,080 Change of Certified Food Handler. A Certified Food Handler who changes his or her place of employment after obtaining a Food Handler's Training Certificate may display the certificate in any other Food Service Operation in which he or she subsequently is employed. A Food Service Operation which loses its Certified Food Handler must obtain another Certified Food Handler within thirty days. Section 11.11.090 List of Certified Food Handlers. The Department shall maintain a current list of all Certified Food Handlers within the County of Los Angeles. Section 11.11.100 Expiration. The Food Handler's Training Certificate shall be valid for four 4) years from the date of issuance. Upon the expiration of the Food Handler's Training Certificate, all persons must re-apply for a new certificate according to the procedure set forth in Section 11.11.030. BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.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 not 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 BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.make a written request for hearing within fifteen 15) calendar days after receipt of the notice specified in Section 11.11.120 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 withm 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 $500.00 or by imprisonment in the County jail for not more than six months, or both. Each day during any portion of which any violation of any provision of this chapter is committed, continued or permitted BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 ORD 1171$Í;¢f4§.makes such violation a separate offense, Section 11.11.160 SeverabHrty. 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] BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04 Professional Assessment of the Educational Testing Service; or 3. Any other food handler's training certificate which, in the discretion of the Director, s 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 Certified 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. BIB] 37643-U01 ORD-U02 1171-U02 LI2-U03 FO8535-U03 FO8536-U03 DO9080-U03 C5-U03 ORDINANCES-U03 1/21/2003-U04 ROBIN-U04