HomeMy WebLinkAbout23-Council Office
-- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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From: Councilmember Chas Kelley
Council Office
Subject: AN ORDINANCE OF THE CITY OF
SAN BERNARDINO ADDING CHAPTER 8.02
TO THE SAN BERNARDINO MUNICIPAL
CODE AND ADOPTING, BY REFERENCE, SAN
BERNARDINO COUNTY CODE CHAPTER 14
OF DIVISION 3 OF TITLE 3, RELATING TO
THE INSPECTION GRADING OF FOOD
ESTABLISHMENTS.
Date: April 28, 2008
MCC Date: May 5, 2008, 4:00 p.m. Public Hearing
Synopsis of Previous Council Action:
March 18, 2008 - Legislative Review Committee forwards this matter to the Mayor and Common
Council to discuss and take possible action.
April 7,2008 - Mayor and Council sets a noticed public hearing on May 5,2008 at 4:00 p.m. to
consider adoption of the proposed Ordinance.
Recommended Motion:
That said Ordinance be laid over for final adoption.
Contact person: Henry Emoefio. Jr.. Senior Deputy City Attornev
Supporting data attached: Staff Report. letter. Ordinance
Phone:
Ward:
5235
All
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
l1l"'pkr:p-wlp.I1f /feM
Agenda Item No. ~ '3
STAFF REPORT. . .
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Subiect: An Ordinance of the City of San Bernardino adding Chapter 8.02 to the San Bernardino
Municipal Code and adopting, by reference, San Bernardino County Code Chapter 14 of Division 3 of
Title 3, relating to the inspection grading of food establishments.
Backl!round: In 2004, the County of San Bernardino adopted an ordinance and a new program that
created a letter grading system to be used in the Department of Public Health's inspections of food
establishments. The County's program requires the posting of these letter grades in restaurants located
in unincorporated areas, and in cities that have opted into the program by their own local ordinance.
Attachment A was provided by the County Health Department, and shows which cities have
adopted a local ordinance to require the posting ofletter grades. At this time, all the cities have adopted
it except San Bernardino, Victorville, Needles, Twenty-Nine Palms, and Rialto.
Attachment B is a letter from the Health Department that provides an overview of the program.
At the March 18 meeting of the Legislative Review Committee, representatives from Public
Health, the Chamber of Commerce, and a local restaurant owner discussed the matter. The Committee
asked that the matter be forwarded to the Mayor and Council to discuss and take possible action.
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Attachment C is a copy of the Ordinance drafted by the City Attorney's Office which adopts the
County Ordinance.
State law requires that this Ordinance be considered at a noticed public hearing after notice has
been published in a newspaper once a week for two consecutive weeks; and that the Ordinance be
available for public inspection in the City Clerk's Office at least fifteen days preceding the City's public
hearing concerning the adoption of the Ordinance.
On April 7,2008, the Mayor and Council set a noticed public hearing on May 5,2008 at 4:00 p.m.
to consider adoption of the proposed Ordinance. Legal notices advertising the public hearing were
published in The Sun newspaper on April 21 and April 28, 2008, as required by state law.
Financial ImDact: None.
Recommendation: That said Ordinance be laid over for final adoption.
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Listed below are the Cities within San Bernardino County and their status as either
adopting or not adopting the County's Grading System
Loa of Cities that have adopted the County Restaurant Gradina ordinance
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First Reading Second Reading Date Ordinance
City Name bv Council bv Council AdoDted Effective Date ~omments
Barstow 2/22/2005 3/8/2005 3rT/2005 4r712005
Bia Bear Lake 10/11/2004 11/8/2004 8-Nov-D4 8-Dec-D4
Co~on 12r712004 2/15/2005 2/15/2005 3/15/2005
Grand Terrace 10/28/2004 NA 10/28/2004 11/28/2004
Yucaioa 10/25/2004 2/14/2005 2/14/2005 3/14/2005
Yucca Vallev 11/4/2004 12/2/2004 12/2/2004 1/2/2005
Chino 11/16/2004 12r712004 12r7/2004 1r712005
Chino Hills NA 1/11/2005 1/11/2005 2/11/2005
Uoland 1/10/2004 1/10/2005 1/10/2005 2/24/2005
Rancho Cucamonoa 1/5/2005 4/6/2005 4/6/2005 5/6/2005
Hiohland NA NA 1/25/2005 2/25/2005
Montclair 3r712005 4/4/2005 4/4/2005 5/4/2005
lI.ople Vallev 3/22/2005 5/10/2005 5/10/2005 6/10/2005
Lorna Linda 5/24/2005 6/14/2005 7/14/2005
Redlands 5/3/2005 6rT/2005 6r712005 7r7/2005
Fontana 4r712005 6rT /2005 7/8/2005
II.delanto 7/1/2006 8/1/2006
Ontario 3/23/2006 4/4/2006 4/4/2006 5/4/2006
San Bemardino In Proaress
Hesoeria 9r712005 9/21/2005 9/21/2005 10/21/2005
Victorville In Prooress
Needles
Twentv Nine Palms
Ria~o In Proaress
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SUBJECT: FOOD FACILITY GRADING
JIM LINDlEY
Interim Public Health Director
PAULA MEARES-CONRAD
Interim Assistant Oiredar of Public Health
MARGARET BEED, M.D., MPN
Hea~h Officer
"'~ DANIELJ. AVERA. REHS
1\ C; C 1':' 'I h-- Chief of Environmental Heatth
1:/ t'"I:D Also lerYirGthII cities of
1.1 AdellintD Mortclair
""A D 1 Apple v",", N_
f13 ._Onlorio
2Oa'8 a~ ...,.- ...... C"",mong.
e/<.. . Chino R_
C"Y Of _t'_ ChllCl HiRl R-.o
'IIy 11-1 ""'f/ Be,... C~lon San.........
Ol>or;,,~:' 'Wr1i,... F...... T_ Polms
"". r..., ."" G<andT""", ""....
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Highland Yucaipa
LOII'IlIlinda YuaaValley
COUNTY OF SAN BERNARDINO
,-OEPARTMENT OF PUBLIC HEAL T~
p{ 385 North Arrowhead Avenue. San Bernardino, CA 92415-0160. (909) 884-4056
o 1647 East Hott Boulevard - Ontario, CA 91761 -(909) 458-9673
o 13911 Park Avenue, Sutta 200 - Victorvllle, CA 92392 . (760) 243-3n3
o San Bernardino County Vector Control Program
2355 East 5th Street - San Bernardino, CA 92410-5201 -(909) 388-4600
March 5, 2008
Fred Wilson, City Manager
City of San Bernardino
300 North 'D' Street
San Bernardino, CA 92410
Dear Mr. Wilson:
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The County of San Bernardino, Department of Public Health, Division of Environmental
Health Services respectfully requests that the City of San Bernardino City Council
consider adopting San Bernardino County Ordinance No. 3930, Grading System for Food
Facilities.
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On June 22, 2004, the San Bernardino County Board of Supervisors adopted Ordinance
No. 3930 to amend portions of the County Code to establish an inspection grading system
of food facilities in San Bernardino County. The letter grades, ranging from "A" to "C",
are published on a placard that is clearly visible to the patrons of the food facility. The
letter grade shows a measure of compliance with health regulations on the date of the
inspection and is based on the final numerical point score set forth in the official
inspection report. A grade of "A" indicates a score of 90 points or higher out of 100
possible points. A grade of "B" indicates a score of 80 to 89 points. A "C" grade
indicates a score of 70 to 79 points. Food facilities which receive a score of 80 to 89
("B" grade) have the right to correct noted violations and file a request for are-score
inspection. The re-score inspection is an additional charge to the food facility in the
amount of $90 per hour. A food facility which receives a score of 79 to 70 ("C" grade)
on an inspection must correct all critical violations and request a re-score inspection
within thirty (30) days in order to avoid closure. A food facility which receives an
inspection score of 69 or below is closed (DEHSpermit suspended) until it can achieve a
re-score of at least 80.
The benefit of the grading system is to enhance the existing system of food facility
inspections with a more effective means of public notification of the inspection results.
The Division of Environmental Health Service has seen an increase in food facility scores
after City adoption of the Grading Ordinance (See attached chart). The higher food
facility scores have a direct correlation of the facility operating in a safe manner and
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MARK H. UFFER
County Administrative Officer
Board of Supervisors
BRAD MITZELFEL T .........................Flrst District DENNIS HANSBERGER................. Third Dlsbict
PAUL BlANE ...............................Second District GARY C. OVITT ............................Fourth DIstrIct
JOSIE GONZALES.......................................... Fifth District
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Food Facility Grading
March 5, 2008
complying with minimum health and safety standards. Thereby decreasing the risk of
foodborne illness and increasing the protection of public health and safety. In addition,
the food facility grading inspires facilities to comply with health standards as a means to
ensure they maintain an "A" grade. The public have come to recognize the grading
system and use it to make informed dining choices. Currently, about 30,000 customers
per month visit DEHS's restaurant grading website.
www.sbcounty.gov/dehs/restgrades/default.aspx).
Should you have additional questions or concerns please feel free to contact me at
(909) 387-4608.
Sincerely,
f2--/l tJ' /2--
Raymond A. Britain, R.E.H.S.
Supervising Environmental Health Specialist
Department of Public HealthlDivision of Environmental Health Services
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2006 Grading Data for Unadapted Cities
80%
100% .
c: 60%
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c:
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- iliA
'" 40%
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20%
0%
ALL
ADOPTED
RIAL TO SAN VICTORVILLE NEEDLES lWEN1YNINE
BERNARDINO PALMS
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1
ORDINANCE NO.
2
AN ORDINANCE OFTHE CITY OF SAN BERNARDINO ADDING CHAPTER 8.02 TO THE
SAN BERNARDINO MUNICIPAL CODE AND ADOPTING, BY REFERENCE, SAN
BERNARDINO COUNTY CODE CHAPTER 14 OF DIVISION 3 OF TITLE 3, RELATING
4 TO THE INSPECTION GRADING OF FOOD ESTABLISHMENTS.
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5
6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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WHEREAS, California Government Code Section 50022.2 and 50022.9 authorize local
8 agencies to enact ordinances that adopt any County Code, Ordinance or part thereof, by reference; and
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WHEREAS, the City of San Bernardino has previously adopted portions of the County of San
10 Bernardino's Health and Safety Code as the City's Environmental Health Code which was codified
as Chapter 8.01 of the San Bernardino Municipal Code; and
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WHEREAS, on June 22, 2004, the San Bernardino County Board of Supervisors enacted
12 Ordinance No. 3930 to adopt certain amendments to the San Bernardino County Code to establish a
program relating the Inspection and Grading of Food Establishments; and
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'-' 14 WHEREAS, the Inspection and Grading program became operative in the unincorporated areas
of the County on October 1,2004; and
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16 WHEREAS, under the provisions of San Bernardino County Ordinance No. 3930, it is
necessary for the City to adopt such Ordinance by reference for the San Bernardino County
17 Department of Public Health to fully enforce the program in the City ("Inspection and Grading
program"); and
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WHEREAS, inspections of food establishments are a means of protecting public health and
19 the display of the Inspection Grading Summary Report provides consumers with important
20 information regarding the health and sanitary conditions in food establishments; and
WHEREAS, in order to promote the health, safety and welfare ofresidents, consumers and
visitors to the City, the Mayor and Common Council of the City of San Bernardino desires to have the
22 Inspection and Grading program become operative within the corporate boundaries of the City of San
Bernardino.
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24 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION 1. San Bernardino Municipal Code Chapter 8.02 is hereby added to read as
follows:
F:\EMPENO\Ordinanccs\Inspection Grading - 8.02 - County#2.wpd 1
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CHAPTER 8.02
INSPECTION GRADING OF FOOD ESTABLISHMENTS
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IS
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Section 8.02.010
Section 8.02.020
Section 8.02.030
Section 8.02.040
Adoption of the San Bernardino County Code.
Administering Agency Designated.
Schedule and Collection of Fees.
Violations - Penalty.
Section 8.02.010
Adoption of the San Bernardino County Code
A.
The City adopts by reference, and makes a part of this Chapter, San Bernardino
County Code Chapter 14 of Division 3 of Title 3, entitled "Inspection Grading
of Food Establishments" (attached and incorporated herein as Exhibit "A"),
with the following exceptions (shown with additions underlined and deletions
lined-out):
1. Section 33.1403 Grading, Subsection (c). is amended to read as follows:
(c) Any food establishment that fails to attain at least a "B" grade,
as defined herein, shall be issued written notice, through an OIR, by the health
official. The food establishment must correct the deficiencies listed in the OIR
and must file a written request for a re-score inspection with the health official
within 30 days of the OIR. A re-score inspection shall be conducted by the
health official and be subject to a re-score inspection fee as provided in the
Code, Schedule of Fees. The health official will complete the re-score
inspection within ten (10) County business days offood establishment's filing
of a written request for a re-score inspection. A food establishment failing to
comply with the OIR, or failing to attain at least a "B" grade on the re-score
inspection, may be immediately closed by the health official Dursuant to State
law and remain closed until at least a "B" grade is achieved on are-score
inspection. Nothing in this provision shall prohibit the health official from
immediately closing any food establishment if, at his discretion, immediate
closure is necessary to protect the public health Dursuant to State law.
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2.
Section 33.1404 Notice of Closure, is amended to read as follows:
"Notice of Closure" means a public notice that shall be posted by the
health official at a food establishment upon suspension or revocation of the
food establishment's public health permit and that results in the closure of the
food establishment and the discontinuance of all operations of the food
establishment, by order of the health official, because of violations of
applicable federal, state, and local laws and regulations relating to the
protection of public health. The Notice of Closure shall remain posted until
removed by the health official. Removal of the Notice of Closure by any
person other than the health official or the refusal of a food establishment to
close upon issuance of the written notice of suspension of the public health
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F:\EMPENO\Ordinances\Inspection Grading. 8.02. County#2.wpd 2
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permit is a violation of this Chapter and may result in the revocation of the
food establishment's public health permit and shall be nrosecuted bv the City
Attornev and be punishable as a misdemeanor as specified in s.x:tion JJ.e112
ufll.;, Cud" Chapter 1.12 of the San Bernardino Municinal Code.
3. Section 33.1406 Posting Requirements - Penalty for Non-Compliance -
Documents Available for Public Review, Subsection (c), is amended to read as
follows:
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(c) The Letter Grade Card shall not be defaced, marred,
camouflaged, hidden or removed. It shall be unlawful to operate a food
establishment unless the Letter Grade Card is posted. Removal of the Letter
Grade Card or anv other silms posted bv the health official. is a violation of this
Chapter and may result in the suspension or revocation of the public health
permit and shall be prosecuted bv the City Attornev and be punishable as an
infraction or a misdemeanor as specified in s""tluu JJ.e112 uf tl";s C6d"
Chanter 1.12 of the San Bernardino Municinal Code.
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B.
The aforementioned Sections of the San Bernardino County Code, as amended
herein, are hereby adopted as the Inspection Grading of Food Establishments
Program for the City of San Bernardino.
Section 8.02.020
Administering Agency Designated.
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The County of San Bernardino Department of Public Health is designated as the
administering agency for the City and is authorized to provide the qualified personnel
necessary to implement the provisions of this Chapter.
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Section 8.02.030
Schedule and Collection of Fees.
The schedule of fees contained within the provisions of the San Bernardino County
Code, adopted herein, and as which may be modified in the future by the County, is hereby
adopted as the fees in effect in the City, and shall be applicable within the City to provide for
the administration of this Chapter. The County of San Bernardino shall administer and collect
these fees for deposit with the County Treasurer to offset the costs assumed by the County in
administering this program.
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Section 8.02.040
Violations - Penalty.
24 Unless otherwise stated in this Chapter, any violation of this Chapter may be
punishable as an infraction or a misdemeanor in accordance with Chapter 1.12 of the San
25 Bernardino Municipal Code.
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SECTION 2. In accordance with Government Code Section 50022.6, at least one (1) copy
of the San Bernardino County Code provisions adopted by this Ordinance shall be filed in the office
ofthe City Clerk at least fifteen (15) days preceding the City's public hearing concerning the adoption
of this Ordinance, and it shall be kept there for public inspection while the Ordinance is enforced.
F:\EMPENO\Ordinances\Inspection Grading - 8.02 - County#2.wpd 3
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SECTION 3. The Mayor and Common Council hereby declares that it would have adopted
this Ordinance and each section, subsection, sentence, clause, phrase or portion thereof, irrespective
of the fact that anyone or more sections, subsections, clauses, phrases or portions thereof be declared
invalid or unconstitutional. If for any reason any portion of this Ordinance shall be declared invalid
or unconstitutional, then all other provisions hereof shall remain valid and enforceable.
5 SECTION 4.
6 adoption.
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This Ordinance shall become effective thirty (30) days after the. date of
F:\EMPENO\Ordinances\Inspection Grading. 8.02. County#2.wpd 4
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I AN ORDINANCE OFTHE CITY OF SAN BERNARDINO ADDING CHAPTER 8.02 TO THE
SAN BERNARDINO MUNICIPAL CODE AND ADOPTING, BY REFERENCE, SAN
2 BERNARDINO COUNTY CODE CHAPTER 14 OF DIVISION 3 OF TITLE 3, RELATING
3 TO THE INSPECTION GRADING OF FOOD ESTABLISHMENTS.
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I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a
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meeting thereof, held on the
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day of
, 2008, by the following vote, to wit:
9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT
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ESTRADA
II
BAXTER
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13 BRINKER
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15 KELLEY
16 JOHNSON
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MC CAMMACK
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20 City Clerk
21 The foregoing Ordinance is hereby approved this _ day of ,2008.
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PATRICKJ. MORRIS, Mayor
City of San Bernardino
Approved as to form:
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JAMES F. PENMAN
26 City Attorney
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:\EMPENO\Ordinances\Inspection Grading. 8.02 - County#2.wpd 5
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SAN BERNARDINO COUNTY CODE
TITLE 3: HEALTH AND SANITATION AND ANIMAL REGULATIONS
DIVISION 3: ENVIRONMENTAL HEALTH - - - - -
CHAPTER 14
EXHIBIT "A"
INSPECTION GRADING OF FOOD ESTABLISHMENTS
Sections:
33.1401
33.1402
33.1403
33.1404
33.1405
33.1406
33.1407
Authority.
Food Program Official Inspection Report.
Grading.
Notice of Closure.
Routine Inspection.
Posting Requirements - Penalty for Non-Compliance .-
Documents Available for Public Review.
Letter Grade Card - Period of Validity.
33.1401 Authority.
Pursuant to the authority cited in Chapter I (Authority and Administration)
and Chapter 4 (Food Protection) of Division 3 of Title 3 of the San Bernardino
County Code (hereinafter referred to as the "Code"), as well as Health and Safety
Code section 113715, food establishments shall be subject to a grading system
as provided in this Chapter. All provisions of Chapters 1, 2, and 3 of this Division
shall apply to this Chapter except as otherwise provided herein.
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Adopted Ordinance 3930 (2004),
33.1402 Food Program Official Inspection Report.
Food Program Official Inspection Report ("OIR") means the written report
prepared and copy issued to a food establishment by the "Director" of the
Division of Environmental Health Services, Department of Public Health, as
defined in subsection 33.0115(c), or his designee, ("health official") after
conducting a Routine Inspection of a food establishment to determine
compliance with all applicable federal, state, and local laws and regulations
relating to the protection of public health. For purposes of this Chapter only,
"food establishment" [as defined in subsection 33.042(c)] shall mean only a retail
food establishment at a permanent location.
Adopted Ordinance 3930 (2004),
33.1403 Grading.
(a) "Grade" means the letter grade issued by the health official at the
conclusion of the Routine Inspection of a food establishment. The grade shall be
based upon the scoring method set forth in this section resulting from the OIR
and shall reflect the food establishment's degree of compliance with all
applicable federal, state, and local laws and regulations relating to the protection
of public health.
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(b) "Letter Grade Card" means a card that shall be posted by the health
official at a food establishment upon completion of a Routine Inspection that
indicates the letter grade of the food establishment as determined by the health
official using the scoring method set forth in this section and includes an
Inspection Summary Report. as shown by Figures 1 through 3. An Inspection
Summary Report is a summary of the OIR as defined in section 33.1402.
III
III
III
III
III
III
III
III
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III
III
III
III
III
III
III
III
III
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Letter Grade Card
Fociliiy:
Address:
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:t NO COIlIlfCTfVE ACTtON RfQUllIf.P [) MINOR VIOLUION($) OBSElIYD)
:t MAIOltVIOl.ATIONS ClIISIillVtP IN nn llO&LOWING ARf/l$,
" F_ ,_,IW<< c:onttcn " \'l<Ikr ; ~ng
.. foodPrucectioD ... Y__c.t1kJl1iaa ;~tctfonRalion
" [mpIoyeesiF_Handling ~ Foc:lIItyC_
..; Vema :.. 81ruc:Wrwl '~IIDn"
" LiqolocI w..... 1AmA_. P,..........1l ~ _I: ,_
A. COMPLETE INSPECTION REPORT CAN B~VJEWEI) AT TltIS FAClUTY UPON
IlEOUE$T AND 1$ AVAIl.ABLE AT EIMRON_Hl'Alll&A1.TfI 1lERVlCE$
TO \IIEW ALL FOOO FACIUTY $CORESIGAADES, \IlSIl OUR YniB SITE:
_\lco<mtv.gOVlcMh5
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T,C,WlptlJUNf:,O=t ~~OF T~Jfi REPO<<T =iA'IIOLImONOF ~U~',
!","~',~;:'; HI: ,... ;,."(,
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FIGURE 1
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Letter Grade Card
Fac:ility:
Address:
Glum:
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:J NO COIac:nvt ACnON IlEOVIIlfI) CJ MINOR VlOlAfION(Sl OBSIIIVtD
CJ MUOR VlOUfIOlG .....'IIIV.D IN fHf 'QU.OWING ......,
. fuad~_"'eu_ _"_1"'-"'"
. ._ __:" _ Cerlllil:.oliaf i eo-, InIonulion
J t.,.,tk.!JN$ ,'fooct ~-.... facHty ~ .....
_ VMmfn, Ana'Mt5 ~ S1ructur..., ~~
. l./qIl"'Wu~Ii\a~II'_Rfl '" _IlllI'IQllS
A COItPUiTE IIISl'ECfIOl; REPOlIT CAN Ill: VIEWED AT TjlI$ FAClUtY UPON
REQUEST ANDI$AVAlLAISL!:AT E:H1/IRO_TALMliAI.1'H&ERVlCCS
10 \/lEW ALL fOOOfAc:1U1Y SCORESlGRADES. VISIT OUR WE8SlTE:
-$-~'
~.",~,;!,,"'!fq'C~"(a.J+teF.$O
Eh'.'iF:;lIW.Et:;:'tA.i.. fiF..:.:T... ::J:E:::~f?
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lMft:R:ftC Ot RD'O'lk..OF Ti6 ftIPORT ti,.v>>JOTIOH~'1IIC:i U,,1t":tJ
~,t('~?"t~ ",,":1::.. .U",
FIGURE 2
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Letter Grade Card
Facility:
Address:
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[J NO CORllCTl1lfAClION RlGlUlRlO U _OItVlOIAJION!5) O8SlIlVEO
o MAJOtl VtOf.ATtONS O8SMVIO IN TIef l'OUOWlNG AIQS.
. rUOCl 'ftInptd""'''' Canltols .' - IlIIbIUlnI
'_ faad P. 1 rN 11. ;... WDdrar CeftiRr.... i t _' ~
... Em~7....."rfooct~..:. fa06ltyc.w:tif!Oft
_ Venn;ft;.t.mrrlalt. ~ ........... .'1b4t~ 1 trJi
- l.tqIMlIWoSll ~ r_JftlI ;0 _ISI\IM
A COfl!Pl.iTI< INPECnOl' RePORT CAN ~ \/QMEl) AT TIllS FAC8.l'IY UPON
IEQUEST AND IS AI/All.A.BU, AT ENVlRDMIl6\InAL IlEAl'IISERVlCES
10 VIEW ALL fOOD FACILITY SCOfteSlGlll\tlES. 'tllIIT OURWE8&lfE:
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(c) Any food establishment that fails to attain at least a "S" grade, as
defined herein, shall be issued written notice, through an OIR, by the health
official. The food establishment must correct the deficiencies listed in the OIR
and must file a written request for a re-score inspection with the health official
within 30 days of the OIR. A re-score inspection shall be conducted by the
health official and be subject to a re-score inspection fee as provided in the
Code, Schedule of Fees. The health official will complete the re-score inspection
within ten (10) County business days of food establishment's filing of a written
request for a re-score inspection. A food establishment failing to comply with the
OIR, or failing to attain at least a "S" grade on the re-score inspection, may be
immediately closed by the health official and remain closed until at least a "S"
grade is achieved on a re-score inspection. Nothing in this provision shall
prohibit the health official from immediately closing any food establishment if, at
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 OIR as follows:
(1) A grade of "A" shall indicate a final score of ninety percent
(90%) or higher, as determined by the health official;
(2) A grade of "S" shall indicated a final score of eighty-nine
percent (89%) but not less than eighty percent (80%), as determined by the
health official;
(3) A grade of "C" shall indicate a final score of seventy-nine
percent (79%) but not less than seventy percent (70%), as determined by the
health official.
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Adopted Ordinance 3930 (2004); Amended Ordinance 3976
33.1404 Notice of Closure.
"Notice of Closure" means a public notice that shall be posted by the
health official at a food establishment upon suspension or revocation of the food
establishment's public health permit and that results in the closure of the food
establishment and the discontinuance of all operations of the food establishment,
by order of the health official, because of violations of applicable federal, state,
and local laws and regulations relating to the protection of public health. The
Notice of Closure shall remain posted until removed by the health official.
Removal of the Notice of Closure by any person other than the health official or
the refusal of a food establishment to close upon issuance of the written notice of
suspension of the public health permit is a violation of this Chapter and may
result in the revocation of the food establishment's public health permit and shall .
be punishable as specified in section 33.0112 of this Code.
Adopted Ordinance 3930 (2004),
33.1405 Routine Inspection.
"Routine Inspection" means an unannounced inspection of any food
establishment to determine compliance with all applicable federal, state, and
local laws and regulations relating to the protection of public health. A Routine
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Inspection shall not mean an inspection conducted by the health official to
determine compliance with a previously issued OIR or any interim inspection
conducted to determine compliance with specific regulations or legal
requirements.
Adopted Ordinance 3930 (2004),
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33.1406 Posting Requirements - Penalty for Non-Compliance -
Documents Available for Public Review.
(a) Upon completion of the Routine Inspection, the health official shall
post at every food establishment the Letter Grade Card, so as to be clearly
visible to the general public and to patrons entering the food establishment.
"Clearly visible to the general public and to patrons" shall mean:
(1) Posted in the front window of the food establishment within
five (5) feet of the front door;
(2) Posted in a display case mounted on the outside front wall of
the food establishment within five (5) feet of the front door; or
(3) Posted in a location approved by the health official to ensure
proper notice to the general public and to patrons.
(b) 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 a separately
licensed or permitted business, or in the event of both, the health official shall
post the Letter Grade Card, in the initial patron contact area, or in a location
approved by the health official.
(c) The Letter Grade Card shall not be defaced, marred, camouflaged,
hidden or removed. It shall be unlawful to operate a food establishment unless
the Letter Grade Card is posted. Removal of the Letter Grade Card 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 33.0112 of this
Code.
(d) The OIR upon which the Letter Grade Card is based shall be
maintained at the food establishment and shall be available to the general public
and to patrons for review upon request. The food establishment shall keep the
OIR until such time as the health official completes the next Routine Inspection of
the food establishment and issues a new OIR.
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Adopted Ordinance 3930 (2004),
33.1407 Letter Grade Card - Period of Validity.
A Letter Grade Card shall remain valid until the health official completes
the next Routine Inspection of the food establishment. A re-score inspection is a
complete Routine Inspection that may be required of (as provided in subsection
33.1403(c)), or requested by, the food establishment.
(a) A re-score inspection shall be conducted by the health official
following the filing of a re-score inspection request form. In accordance with the
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Code, Schedule of Fees, the re-score inspection fee must be paid by the food
establishment upon demand by the health official.
(b) At the conclusion of the re-score inspection of the food
establishment the Letter Grade Card shall be issued based upon the scoring
method set forth in this Chapter resulting from the 01 R.
(c)A requested re-score inspection is separate and independent of all re-
inspections of critical violations as determined by the health official.
Adopted Ordinance 3930 (2004),
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