CC – Item 3B – Staff Report – Amendment to County Health Code –Restaurants L.LE M .......
stafteport
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL ��JJ
FROM: FRANK G. TRIPEPI, CITY MANAGER :'¢—
DATE: FEBRUARY 10, 1998
RE: AMENDMENT TO COUNTY HEALTH CODE - RESTAURANTS
Attached for your consideration is an ordinance, adopting 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
enforcement throughout the County of Los Angeles.
RECOMMENDATION:
That the City Council waive further reading and introduce Ordinance No. 784 and set a public
hearing on the ordinance for February 24, 1998.
COUNCIL AGENDA
FEB 101999
ITEM No. JL . .8.
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.
MAYOR
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
PLEAS=_ON a/s wiz/ff _..
•
ORDINANCE NO. 0 _0071
An ordinance amending the Los Angeles County Code, Title e -
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 6 . 04 . 1665 is added to read as follows :
Section 8 . 04 . 165 Food Official Inspection Report. "Food
Official Inspection Report " means the w,-. ..o
r. notice crepared and
ued 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,
auaranui^.es, rules, regulations, or directivesrelatinc re lat�n° 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 trade shall he based upon the scoring
method sec forth in this section resultino 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, auarantines, 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 °rade of the
establishment as determined by 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 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, cr both.
C. The county health officer, in his discretion, may
imme-;' =rely close any food establishment which, upon completion
of :he routine inspection, does not achieve a grade as
defined herein. Nothing in this provision shall prohibit the
county health officer from immediately closing env food
establishment if, in his discretion, immediate
_ closure s_�
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
iaspec[ton
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 cf "3" shall indicate a final score less
than ninety Percent (90%) 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 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
coniunction 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.
2 . 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 ,
sta:e 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"
mean._ a periodic, unannounced inspection of any business or
occ+ =arion specified in Section 8 . 04 . 720 to determine de,._'"T_ne COTDl1aP.de
with all applicable federal , state and local statutes, orders,
ordinances , quarantines, rules, regulations, or dire,--lees
re' -ring 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 reculations or legal
reau• rements . _
SECTION 5 . 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 atfood every 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 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 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 .
H. 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 health
officer shall post the Letter Grade Card, the inspection Score
Card, or both, in the initial patron contact
area, or ina
location as determined in the discretion of the countyhealth
officer.
C. The Letter Grade Card and the inspection Score Card
shall not he 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
sec 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 p
oiic
health permit and shall be punishable as specified in Section
8 . 04 . 330 .
o. 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 he directed to the County cf Los
Angeles, Environmental Health office located at :
(local office address and telephone number to be
provided by the county health office_
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 o
alth officeral'--
shall be maintained at the food establishment and shall he
_l
available to the General public and to patrons for review upon
request . The food establishment shall keen 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 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 days after receipt of the notice shall he 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 hearinc shall be held within fifteen. (15) calendar
days of the receipt of the request for a hearing. Upon written
recuest 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 heariaa 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 Handier 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.
1804165sr. coc]
•
Section 10 . This ordinance shall be pushed in
Metropolitan News Er,terorise
a newspaper printed and published in the County of os Angeles.
o ..g....442 ,/di.
ATTEST: / ittrnin`e�frn
'V✓✓7 1 q (kt 'krt b
Executive Officer- Cledaf the Board of c s c tl rid 'F�+
Supervisors of the County of Los Angeles AL;FoRpo
I hereby certify that at its meeting of December 16 , 1997
ordinance was adopted by the Board of Supervisors of said County of Los Angeles by the
following vote, to wit:
Ayes Noes
Supervisors Gloria Molina Supervisors Nnno
L0., ,, Zev Yaroslayskv
F1. '"
t ;tFn Don Kn FE1:e
•
li:, _-`yit'F",aa.�r O Mike Antonovich
`,.rrtj•Y N •
.,sC -Li •e
e _ Yvonne Erathwaite Burke -
gFUEnct
Effective Date: January 16 , 1998 a..-tipti 4Jicu tc
ecutive Officer- Cler of the Board of
afg g Supervisors of the County of Los Angeles
hereby certify that ptretant to
zction 25103 of the Government Code,
:livery of this document has been APPROVED AS TO FORM:
JOANNE sTURGEs made. DE149TTa5CLINTON
xecutive Officer - �OUnty Co . sel
Clerk of the Board of supervisors ,
/� �' / y, By,\, •
Cr
By
17 DEPUTY
Raymon. . Fortner, Jr.
I-B '2 (Rev 6/97)
Chief Deputy County Counsel