CC - Amendment to County Health Code - Restaurants Adopt - Box 065TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAGE-
DATE: FEBRUARY 24, 1998
RE: AMENDMENT TO COUNTY HEALTH CODE - RESTAURANTS
ADOPT
On February 10, the City Council introduced and set for public hearing, Ordinance 784. This
ordinance adopts by reference, recent amendments to the Los Angeles County Health Code
regarding food establishments. This ordinance implements the "letter grade" program regarding
restaurant health inspections. It also requires food establishments to keep copies of inspection
reports for review by the public.
The Board of Supervisors has requested that each city adopt this ordinance to ensure uniform
enforcemet thrnpa_hout.the County of Los Angeles.::
RECOMMENDATION:
Staff recommends that the City Council conduct the public hearing, receive comments from the
public and adopt Ordinance No. 784.
=No.=
ORDINANCE NO. 784
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD ADOPTING BY REFERENCE
LOS ANGELES COUNTY ORDINANCE 97-0071 RELATING
TO FOOD ESTABLISHMENTS
THE CITY COUNCIL OF THE CITY OF ROSEMEAD HEREBY DOES ORDAIN AS
FOLLOWS:
Section 1. Los Angeles County Ordinance No. 97-0071, amending the Los Angeles County
Code relating to food establishments is hereby adopted by reference. Section 5103 is hereby added
to the Rosemead Municipal Code to read as follows:
5103. ADOPTION OF LOS ANGELES COUNTY ORDINANCE NO. 97-0071
Ordinance No. 97-0071 of the County of Los Angeles is hereby adopted and made a
part of the Rosemead Municipal Code. A copy of said ordinance shall be maintained
on file by the City Clerk.
Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause
the same to be processed as required by law.
APPROVED AND ADOPTED this 24th day of February, 1998.
NIAYOR
ATTEST:
CITY CLERK
LEGAL NOTICE
CITY OF ROSEMEAD
ORDINANCE NO. 784 - ADOPTING COUNTY HEALTH CODE AMENDMENTS
REGARDING FOOD ESTABLISHMENTS
NOTICE IS HEREBY GIVEN that the Rosemead City Council will consider Ordinance
No. 784, An Ordinance of the City Council of the City of Rosemead adopting by reference Los
Angeles County Ordinance 97-0071 relating to food establishments at a public hearing to be held
on February 24, 1998, at 8:00 p.m. in the City Council Chambers, Rosemead City Hall, 8838 E.
Valley Boulevard, Rosemead, California.
Copies of the complete text of the proposed Ordinance are available for public inspection
at the Office of the City Clerk, Rosemead City Hall, 8838 E. Valley Boulevard, Rosemead,
California.
Nancy Valderrama
City Clerk
City of Rosemead
PLEASE 1 UD :S. : .~iyii f V.11
ON ~~s~iz~ff
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
Offitiai Inspection Re
Dort" means the written notice prepared and
'-SS'-led by the county health officer after conducting an
inspection of a food r=cillty to determine compliance with all
ap~-'l-cable federal, State and local statutes, orders, ordinances,
quarantines, rules, regulations, or directives relating to the
public healt`
SECTION 2: Secticn 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 offlcsr at the conclusion of y
the rOutlne ir:S peCtiOn of a
food esrablishment. The trade snail be based upon the SCOrinO
method set forth in this section resulting from the Food Official
Inspection ReDort and shall reflect the food establishments
decree of compliance with all app ;
_ cable federal, state and total
st=f'utes, 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 healt.^. officer at a food establishment upon Completion
of a rcutine inspection that indicates the letter grade of the
establishment as determines b v the county health officer using
the scoring method set forth in this section. For the purposes
of =his provision, a food establishment shall include a food
establishment operating in conjunction with a food processing
establishment. Nothing in this chapter shall prohibit the countv
hearth officer from creating and using a Letter Grade Card in
combination with an inspection Score Card. The county health
Otri=er, 1n his discretion, shall determine whether to post the
Let--=r Grade 'Card, the Inspection Score Card, or both.
C. The county health officer, in his discretion, may
immesiately close any food establishment which, upon completion.
Of t_']e routine inspection, does not achieve a "C" trade 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 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 "F" shall indicate a
final score of
nir:°_tV pcrCcPt o
(90s) or higher as determined by the county health
officer;
2. A grade cf "B" shall indicate a final score less
than ninety percent (90!k) but not less than eighty percent (BO%)
as determined by the county health officer;
3. A grade of "C" shall indicate a
final score less
than eichty 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 -_he county health officer at a food establishment, upon
completion of a routine inspection, that indicates the [otal
numerical percentage score for the establishment as determin_d by
the county health officer and as set forth in the wood Official
Inspection Peoorc. For the purposes of this provision, a food
establishment shall include a -food establishment Doerating in
com unction with a food processing establishment. Noth
ing in
this chapter shall prohibit the county health officer from
creating and using an inspection Score Card in combination with a
getter Grade Card. The county health officer, in his discretion,
shall determine whether to post the inspection Score Card, the
Letter Grade Card, or both.
P• The county health officer, in hi
s discretion, may
immediately close any food establishment which, upon completion
of the routine inspection, achieves a total numerical oercentage
score less than seventy percent (70%) as set forth in Section
8.04.225. Nothing in this provision sh.al~
, Prohibit the county
heath 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"
mea,:s a public notice that may be Posted by the county health
offcer 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. Sectlpn 8.04.405 is added to read as follows:
Section 8.04.405 Routine Inspection. "Routine Inspection~-
means a periodic, unannounced inspection of anv business or
occupation specified in.Sec`ion 8.04
.720 to determine compliance
wit;: ail an^licable federal, sta"te and local statutes, orders,
ordinances, uarartlnes, rules, regulations, or d,recti"
~veS
relat_ng -o the public health. .4 Routine inspection shall not
mean an inspeCtion conducted by the county health officer to
determine compliance with a previously issued Food Official
--nsne^_tion ReDorc or any Interim inspection conducted to
determine compliance will] SDeC1f1C regulations Or legal
requirements.
SECT-TON 6. Section 8.04,752 is added to read as follows:
Section 8.04.752 Posting Requirements - Penalty for Non-
Com=lia-rice- Documents Available for Public Review.
A. upon issuance by the county health or
ficer, the health
officer shall post at every food establishment the Letter Grade
Card, the Inspection Score Card, or both, as determined by
the
ccu':~ty health officer, so as to be clearly visible to
the oeneral
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 `r
_ ont door;
2- Posted in a display case mounted on the outside
front wall of the establishment within five
(5) feet of the _'ront
door; or
Posted in a location as directed and determined in
the O_scretion of the county health officer to ensure proper
notice to the general public and to patrons.
3. in the -
event that a food establishment is operated it
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 health
Officer shall most the Letter Grade Card,
the In __spo
..ction Score
Card, or both, in the initial pe_*_ron 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
Hall he u7law ul 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
'nspection Score Card, or both, is a violation of this chatter
and -ay result in the suspension or revocation of the oublic
health permit and shall be punishable as specified in Section.
8.04.330.
D. Every food establishment shall post a leg blv lettered
sign which diSD1aV5 the fC110w1Rg 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 cf Los
Angeles, Environmental ?4ea
lth office located at..
(local Oiiro
Drovid by the cDUnty
- health officer) The :OOu Official IP.SDeCL1Cn R°DOrt 'POP. k'a iCR tSle
Letter Grade Card, the I
nsDeCtiO-1 Score Caro, Or both, are based
and aall subsequent reports issued by the county heal*h off lCer
shall be maintained at the food establishment and shall be
available to the General public and to Patrons for review ll_DOn
requ=est. The food esta
blishmen- shall ke=_D the =ood Official
="Spection Retort and all subseQllent reDortS llntll such time as
the County health Officer completes the next routine inspection
Of the establ-shment and issues a new rood Of Inspection
ReDOrL.
SECTION 7. Section 8.04.755 is added to read as follows:
Section 8.04.755 Letter Crade Card & Inspection Score
Card - Period of Validity. A Letter Grade Card, an inspection
Score Card, or both, shall remain valid until the county health
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 davs after receipt of the notice shall be deemed a
waiver of the rights to a hearing. When circumstances warrant,
the Director may order a hearing at any reasonable time within
-his fifteen (15) day period to exoe•dite the certification
revocation process.
3• The hearing shall be held within fifteen (
-5) calendar
days of the receipt of the request for a hearing. Upon written
reouest of t.:e Certified Food Handler, the Director may postpone
any hearing date, if circumstances warrant such action.
C. Am Environmental Health Services Manager e for the
Depa_tment 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 =pecif- y the acts or omissions with which the
Certified rood ?candler 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
punishahle 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 cf
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.
r8041s5sr.coc]
Section 10
This ordinance shall be pug„shed in
Metropolitan News enterprise
a newspaper printed and published in the County of os Angeles.
ATTEST:
Executive officer - Cler f the Board of
Supervisors of the County of Los.Angeles
I hereby certify that at its meeting of December 16 , 199
ordinance was adopted by the Board of Supervisors of said County of*Los Angeles by the
following vote, to wit:
A es
Suoervisors Gloria rtolina
Noes
Supervisors Nnno
Zev Yaroslavskv
Don Fnabe
Mike Antonovich
Yvonne srathwaite Burke
Effective Date: January 16 , 1996
~?~~+#s~~afe x
hereby certify that pt=smant to
-tion 25103 016 t o =en
?=very of this doctmeVeL t Code,
JOANNE S nt has been made.
TURGES
Executive Officer -
C1erk of the Board of Supen•isors
By
I-B 2 DrPUTY
(Rev 6197)
a
ecutive Officer - Cler of the Board of
Supervisors of the County of Los Angeles
APPROVED AS TO FORM:
N
ner, Jr.
Chief Deputy County Counsel