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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