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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