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HomeMy WebLinkAboutMC-1271 Adopted: May 19. 2008 Effect~ve: June 19. 2008 1 ORDINANCE NO. Me-l271 2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDINGCHAPfER8.02 TO THE 3 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. 5 6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 7 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 9 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 11 WHEREAS, on June 22, 2004, the San Bernardino County Board of Supervisors enacted Ordinance No. 3930 to adopt certain amendments to the San Bernardino County Code to establish a 13 program relating the Inspection and Grading of Food Establishments; and 12 14 WHEREAS, the Inspection and Grading program became operative in the unincorporated areas of the County on October 1, 2004; and 15 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 18 WHEREAS, inspections of food establishments are a means of protecting public health and 19 the display of the Inspection Grading Sununary Report provides consumers with important information regarding the health and sanitary conditions in food establishments; and 20 WHEREAS, in order to promote the health, safety and welfare of residents, 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. 21 23 24 NOW THEREFORE, THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: 25 26 27 28 SECTION 1. San Bernardino Municipal Code Chapter 8.02 is hereby added to read as follows: F:\EMPENO\Ordinances\Inspection Grading - 8.02 - County#2.wpd 1 Me-1271 1 2 3 4 CHAPTER 8.02 INSPECTION GRADING OF FOOD ESTABLISHMENTS 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. 5 6 Section 8.02.010 Adoption of the San Bernardino County Code 7 A. The City adopts by reference, and makes a part of this Chapter, San Bemardino 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): 8 9 10 11 12 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 pursuant 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 pursuant to State law. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 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 28 F:\EMPENO\Ordinances\Inspection Grading - 8.02 - County#2.wpd 2 Me-l2n 1 permit is a violation of this Chapter and may result in the revocation of the food establishment's public health permit and shall be orosecuted bv the City Attomev and be punishable as a misdemeanor as specified in section )).8112 oftl,;~ Cod~ Chaoter 1.12 of the San Bernardino Municioal Code. 2 3 4 5 3. Section 33.1406 Posting Requirements - Penalty for Non-Compliance - Documents Available for Public Review, Subsection (c), is amended to read as follows: 6 (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 signs oosted 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 orosecuted bv the City Attornev and be punishable as an infraction or a misdemeanor as specified in section )).8112 of this Cvd" Chaoter 1.12 of the San Bernardino Municioa1 Code. 7 8 9 10 11 12 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. 13 14 Section 8.02.020 Administering Agency Designated. 15 16 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. 17 18 19 20 21 22 23 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. 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 Bernardino Municipal Code. 25 26 27 28 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 of the 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 MC-1271 1 2 3 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. 4 5 SECTION 4. 6 adoption. 7 III 8 III 9 III 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This Ordinance shall become effective thirty (30) days after the date of F:\EMPENO\Ordinances\Inspection Grading - 8.02 - County#2.wpd 4 Me-1271 1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER 8.02 TO THE 2 SAN BERNARDINO MUNICIPAL CODE AND ADOPTING, BY REFERENCE, SAN BERNARDINO COUNTY CODE CHAPTER 14 OF DIVISION 3 OF TITLE 3, RELATING 3 TO THE INSPECTION GRADING OF FOOD ESTABLISHMENTS. 4 1 HEREBY CER TlFY that the foregoing Ordinance was duly adopted by the Mayor and joint 6 Common Council of the City of San Bernardino at a regular 5 meeting thereof, held on the 7 19th dayof Mav , 2008, by the following vote, to wit: 8 9 COUNCIL MEMBERS: AYES NAYS ABSTAIN ABSENT 10 ESTRADA ~ 11 BAXTER X 12 - 13 BRINKER ~ 14 DERRY X 15 KELLEY X - 16 JOHNSON X 17 X MC CAMMACK 18 19 ~ IJd4 . 20 City c'lerk ~ Bt 21 22 23 24 25 The foregoing Ordinance is hereby approved this ~ay of May ,2008. Approved as to form: JAMES F. PENMAN 26 City Attorney 27 28 :\EMPENO\Ordinances\Jnspection Grading - 8.02 - County#2.wpd 5 MC-1271 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. 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. HC-1271 (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. /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ 11/ III /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ /1/ HC-1271 o Letter Grade C8rd Facility: Add....: GIlAJ)t; ~.. ~t;:~..:':.1 :#:~.:1~ - ~,- " ~;.!...r r.. ~ ~. .,. ~.! a NO ClCI_ctlVI ACnON IIQUlIIID a --..noIIlI) OIlIIIIJlD a MAIOIt YIOt.MlOIII 0 I '11UJID IN 1'MI fOl.I.<lwtlll AIIMt 1;1 I'Md Th......_. ColIIrohI Q _,... 111IIll$ QhodPiI ~ ~....c.-- '"'HI/eGIIU.I."'. r110n "II I' }....I~H ~~19 ...1 '...,CaIl-' a v..in i:;) ........,'" J1 nm T " I.""" WHtlt.... 11..",,1/- ., II '" ""'........ '.... A COMPUTIIINIIICTIOIiI RIIPOR1' CAN HVllWlDAT 11M FAClUTY UPON RlQUHT AIIO I$AllMA8LE lIT IIfMCl/111l1UAL HIIAU1IIIlIM Clt TO l/IIIIWALL FOOOFACIUTY llCOAIIIQMDII8, WIlT OUR WUIlTl: WW'1L.llu "L'81PWd1hl lm 1 I I ,.....tsllVCaomca _tlll..."u.._ew.ltlT -..,t'-~--~::<-~":~:~~ ~~~..'~!:: OOll: TdtI_ __JI ........ GP lID........ A VIOUlInDIlIOFIWOCI u~ FIGURE 1 ...C> ,'" ..", ',~_,J1! __ <;;..:::::::::<,,::'<;':;,: .........------.......... '1' '-~, '11'1, .----.'dim;:>;:;;:: ...."::-."------~_.-... ............. "" Me-1271 o GIlADI! .~ ~..'..' ,.~-~~>. ~' .', :~',J." ....> ;"1.. ,/. ~. Letter cara'" Card Facility. Add....: Q NOallllCfIVUClIOIUIQUlIID Q lIIINOIt~a.1lMD Q MlUOllwoumoNS CII If VID..11II rou.~ lIlIIl. AIIMo \J Food T , I .... COIItNII " WIIlN II '1 1.. I;jFaad~ll n CiWorllwc..lXf fTIl/C_rl.lI. 11_ ,;, III J lau.../Foodl...iIlIllIiI :;) .....,~I tllllll1 Qv....M/~ff.ltt ;~'l. l....JA.."DuJrr ';)UquId....n.IIIIlUJ..lt'.....ll II ;.;)~J... A COMPUTI: IlI1flCnoII REPORT CAN BI'1lIiIWED AT TIll FAClUTV UPON IlI!QUW AIlO,. AVAII.AIU! AT IIMROIlIllINTA.L MeALTH Il!R\IIIICI$ 10 VIew ALL FOOl) FAClUTV lICORHIIIIIADR. VllllT OUR wn lITe: ~'Cldn~'''1 Irrl U ....4...nttIfMCPOMClB ^ '~',,:~):' m ,..,. ,"'." "'''(j''i; ............ ::~~~~~.... '."""...~.'._-::;.;.~.;-...-.-_.__!m......:..... ~___~~:~~-~:;~ ~ _~"" _ --:-~--:C-:,~ lIL~ ........., ...:'......- ..........-~ ;,,;:...IRIM _;,4lIii.;lJ'-',::i1EjE?EiLEW:', <--. _ "_H--._--iU-~~. U(.iROIMNtAL HVd.TH :&NCtt\Li$T COllE ..-IIliIH _.....ttII......AWIU8ON.MOCI..~ ,"*'..,.....:1<<; FIGURE 2 Me-12n o Letter Gracie Card facility: Add.....: ~.-.' '~.~ ~~ ~~' I ;;t, ","i(/.i.J .' <V'_ ,L:" ~ GR.\DIi: Cl NO ClO... C'IM ACItON IIQUlIlO IJ MINOIlYlO&AlfONCll) 0IIIIlM0 Cl MIUOIYIOUmONS O( nr \IIIJ "1'HIl'OU.D .IlIII..... v_T r -.- '~_''''. o FoodP\ttwdi.e. i;)~C\w.m 111 t~r It.raIcllf 1111 -:;;j Itlllptl:u...tflood ._1':.. '.:J ....,011..... fa " v-lIll AlIiIMls " ...-.., 'AI 1 II mr " UqulIIlIIluIt MIll I,UIln! IV, ., I ,;.) -"'1" A COMPUTIIINI1IlC1lO11 RIif'ORJ CAN 8Ii VIE\ lIIl AT nIIl'ACIU1Y UPON Rl!QUl!8T ANOI8AIIM.A81.l!AJIIMIIIOI r'lmAU'IAl.TtI81i1M~ 1'0 VIEW ALLl'OOI) FAClU"IY lICOfWI/QIIAlll!8. VII1T OUR Wl!!811T1: wuwttl.oIURly.I01fldlbt $ ltll "11 ~......tw.......~ -~"'- .~~-j -::;~~~~ --. ..........- ~1!!JlIi:[~f- ~-- "\,-W"'"':J - :n:-:l:]~) -_. 01\'" '''.'.....,..,.,..,..'''......., .",___"".__w.,'.,'''_,w._.___" _M____(__~ _t,:m.~;;;:____" ~ - ---,.,.... _If '__OI'__II.___..a_ ~_....e.34llG FIGURE 3 Ke-1271 (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 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 "B" grade on the re-score inspection, may be immediately closed by the health official and remain closed until at least a "B" 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 "B" 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. 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 He-1271 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), 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. 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 HC-1271 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 OIR. (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),