CC - Item 2A - Staff Report - Amendment to County Health Code - Restaurants Adopt OS
,, e� statteport
TO: HONORABLE MAYOR
AND MEMBERS
ROSEMEAD CITY COUNCIL
FROM: FRANK G. TRIPEPI, CITY MANAG e;,-4L-, '
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
enforcement throughout 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.
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COUNCIL AGENDA
FEB 2 4 1998
ITEM No. 7i • 4.
ORDINANCE NO. 784
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ROSEMEAD ADOPTING BY REFERENCE
LOS ANGELES COUNTY ORDNANCE 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
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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
ON S•-L/.c/ff
ORDINANCE NO. °x_0071
An ordinance amending the Los Angeles CountyCode, Title 8 -
Consumer ?rotection and Title 11 - Health and Safety, relating to
food establishments ,
The Scard of Supervisors of the County of Los Angeles
ordains as follows :
S CTION 1 . Section 8 . 04 .
1-5 is added to read as follows :
Section 88 . 04 . 105 Food Official Inspection Report. "Food
C5- ' al 3rspe0tioa Report means the ,
isslledhv the Countyce health officer and
conducting an
inspect=on of a food facility to determine compliance -
ith
a clicabl_e federal , state and local stn `—i =1!
nates, orders, ordinances,
_ _ �-�
= tine=, -., , o - glllations, .
.,_ directives feint-=g to the
SECTION 2 . Section 3 . 04 .225 is added to read as tcl_
cws :
Section 3. 04 . 225 Grading a Letter Grade Card.
A. "Grading" means the letter grade issued by thecounty
healrh officer ofconclusion onc
c't the Cclthe� routine 1nSJEc_j07 Of -
tood establishm=_rt , he coThe shall be based upon the scoring
method set forth in this sect_. on resulting fromt .
_ h> Food Official
_. spect_on Report and shall reflect ct the food establishment ' s
of complian__ with all applicable federal , state to and local
orders , ordinances, quarantines, _ales, regulations,
directives relating to the
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public f=aith.
_ 3. "Letter Grade Card" means a card that may be posted by
e
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 sec 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 discretio.n, shall determine whether to post the
r.e
Letter Grade Card, the Inspection Score Card, or both.
C . The county health officer, in his discretion,on, may
_.umea, ec=ly close any food establishment which,
_pen completion
of ___ routine inspection, does no: achieve a C
grade as
defined herein. Nothing in :his -revision prohibishallt h,
bit _.._
county health -.7rcHr—cc from immediately_ y clos:;,c any food
e=cskl : shment =
__ . in his discretion, immediate closure is
necessary _o protect the public health.
D. The letter grade shall be based upon the final numi
percentage score set forth
in the Food Official Inspecticn
Renort , as follows : ' -
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1 . A grade of ^A" shall indicate a final score of
__:.v percent (90%) or higher as determined by the county health
2 . A Crate
of shall ._,._Cate a final score 1_'as5
than ninety percent (90%) but not less than eighty percent (c0%)
as determined by the countyhealth:^.earth ofr+ ^er .
3 . A _rade 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
*he count
n Y health office- and as set faith
in the Food Official
-hs_ection Report . For the purposes of
this provision, a food
establishment shall include a food establishment operating i,
conjunction with a food orocess•:nc establishment
Nothing In
this chapter shall prohibit the county health officer from
c-e=ting and using an Inspection Score Card .
combination with the
' __
`t- T
Grade Card. The county health officer, in his discretion
shall determine whether to post the Inspection Score Card,_,
grade Card , or both.
3. The county health o'-;,-or,
in his discretion, may
immediately close env food establishment which, upon completion
of the routine inspection, achieves a total
numerical p=rpentage
scoreless than seventy percent- (70%) a_ set forth in Section
5 . 34 .225 . Nothing in this provision shall prohibit the county
re pith cff. . =, from immediately ately 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"
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means a public notice that may be Posted by the county health
offirer at a food establishment upon suspension or revocation of
the establishments public health permit and that results in the
immediate closure of the establishment and [he discontinuance of
all operations of the food establishment , by order of the public
health officer, because of violations of applicable
state and local statutes , orders, federal ,
ordinances , rules,
ul
regulations, or directiveses,
relating Co the public health.
SECTION 5 . Section 8 . 04 . 605 is added to read as follows :
Section 8 04 .405
Routine Iasn=r-; -.-i "Routine _
=ara a - - 1npeCCiOn"
r'.._ periodic, unannounced inspection of any business or
oc =t specified in Section 8 . 04 . 720 to
all -
.._t.. plieable determine compliance
Fedea , state and local statutes , orders,
orc_nnces , ❑uarar.tine
_ales, regular_ons, or directives
rel -tng to the public heal
_._ A Routine =spectipn shall
_ _ not
mean an _pe-_ ..0 conducted bythe
_ _ county health officer
determine
compliance with a _
previously issued Food Official
-nsp__t_o.-1 Report or any interim inspection conducted to
determine compli-_ with spec:fie
aifi0
r- regulations ct_079 or legal
regu remenns .
SECTION 6 . Section 8 . 04 . 752 is added to
read as follows :
Section 5 . 04.752 Posting Remu`_aments - Penalty for Non-
Corliance- Documents Available for Public Review.
A. Upon issuance by the County health officer,- r the health
. , .-er =hall post at ever- 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 General
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
ccu^.-��,
health officer to ensure proper
notice to the general public
and to patrons .
P. In the event that a food establishment is cperatec
the same buildin3 or space as a separately licensed or ^
business , or _n _h- _vent _
-(-hat a coo^, establishment shares a
c-m^on patron entrance with such a separatel �
-_V licensed °-
permitted business, or in the event of both, the
_ county health
officer _hall post the Letter Grade Card,
the inspect'-cn Score
Card, or both, in the initial patron contact
area,
10,-. Pion as determined in the discretion of the county health
C. The Letter Grade C__
rd and the inspection Score Card
shall not be defaced, marred, camouflaged, hidden or removed.
It
shall be unlawf._1 to operate a -
rood establishment unless t!-:e
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 . 330 .
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 tc patrons entering the
establishment :
"Any public health concerns regarding this
establishment should Se directed to the County cf Los
.Angeles, Environmental _e-l -h office ice icpated at :
(lo,--1 __ address and t=1=p,^one ❑umSer to -
e
prcvid d by the ountyalth officer) . "
___ rL_c_r) .
E. The Food Official -
_. _c[_oa Report upon which the
t r Grade
_ _ u, the Inspection Score
Card, b _ _
and all subsequent _ its issued by the county health officer
°._
shall be maintained at the food establishment and shall be _
available to the
General pLbl1C and CO D2LrDR5 IOr review L`^vOn
__guest . The foot establishment shall keep the Food Official
x___.,13_
Inspection Report and
all subs° ,:ent reports until such
time a -
the county health officer completes the next -'
of routine e _nsneg[_oa
the establishment and issuesa -
new Food Official -nGDeCtiCn
neL)o rt . -•
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 -nSpeCLi pn
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 shouldbe
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 ng -_ any reasonable time within
this fifteen ;15) day period to expedite the certification
_evocation process .
E . The hearing shall be held within fifteen
r' ''_5) calendar
days ^f the
receipt of thest for a
=Qllehearing, Upon written
re Guest of Certified_tifie❑
- '� Food Sandler, 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
s_cton .
Section 11.11. 140 Notice of Decision. The Director shall
sslle a written notice of decision to the Certified led Food Handler
within five (5) working days of the hearing. The notice of
decision shall specify the acts or omissions with which the
c-'- f ed Food Handler isharg_
c.__,_d and shall snecify 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
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in :he 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. 150 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 _
. =p7liCaCiOn
of such provision to other persons or circumstances shall not Je
affected thereby.
1804155sr. cocj
Section 10 . This ordinance shall be pub,shed in
Metropolitan News En`ernri se
a newspaper printed and published in the County of os Angeles.
ATTEST: / n
4
b q�p�
.y �
to rf'r l:r u:�; N
/' Y /�,
Ckecutive Officer- Cler�of the Board of ca .7 6 sO .
Supervisors of the County of Los Angeles -`
c'krFoFntP
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 ping
following vote, to wit: by the
Ayes
Noes
Supervisors Gloria Moline_
Supervisors .___
_:__, L:x-^�.LDS ,•. Zev Yaroslayskv
wo 4 ,,;, F
j;j...,1, i. Don rnabe
( ' :7E. :[:2.,:i-S00
sr,z.�;�ry . Mike Antonovich
=� "— e `'vonne gr athwait
CFLIgkt Burke -
Effective Date: January 15 . 1998 i
Lbir a ' . 1
,Was2irAlZ}azex Eecutive Officer- CIe Sof the Board of
Supervisors of the County of Los Angeles
hereby certify that pt=enert to
otion 25103 of the Government Code,
livery of this doctitment has been APPROVED AS TO FORM:
JOANXt STURGES ode DE 1Writli5CLINTON
-xecutive Officer - ounty Co . sel
Clerk of the Board of Supeovisors \t Orl'-)
3y C, i ��
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BY I�
r I-3 2 (Rev 6197)DUTY lir
Raymon. . Fortner, Jr.
Chief Deputy County Counsel