Adelanto Municipal Code Ch. 5.56 Grading of Food Establishments

A. This Section is adopted by the City Council pursuant to the City’s police powers to protect the health, safety and welfare of the public.

B. Government Code Sections 50022.2 and 50022.9 authorize local agencies to enact ordinances that adopt any County Code, ordinance or part thereof by reference.

C. On June 22,2004, the San Bernardino County Board of Supervisors enacted County Ordinance No. 3930 to adopt certain amendments to the San Bernardino County Department of Public Health to fully enforce the Program in the City, it is necessary to adopt by reference County Ordinance No. 3930.

D. The Program became operative in the unincorporated areas of the County of San Bernardino on October 1, 2004, but in order for the San Bernardino County Department of Health to fully enforce the Program in the City, it is necessary to adopt by reference County Ordinance No. 3930.

E. Inspections of food establishments are a means of protecting public health, and the display of the Inspection Grading Summary Report provides consumers with important information regarding health and sanitary conditions in food establishments.

F. In order to promote the health, safety and welfare of residents, consumers and visitors to the City, the City Council desires to have the Program become operative within the corporate boundaries of the City.

[Ord. 462, Section 3, 5/9/07.]

The provisions of this Chapter for the Inspection Grading of Food Establishments shall apply at all times, or at those times herein specified, anywhere within the City that any food and/or beverage products are sold or served.

[Ord. 462, Section 3, 5/9/07.]

A. The City adopts by reference, and makes a part of this Chapter by reference, San Bernardino County Ordinance No. 3930, entitled:

“An Ordinance of the County of San Bernardino, State of California, Adding Chapter 14 Division 3 of Title 3 and Adding Subsection 16.0213B(b)(17) to Chapter 2 of Division 6 of Title 1, All of the San Bernardino County Code, Relating to Inspection Grading of Food Establishments.”

B. The aforementioned Sections of the San Bernardino County Code, adopted by San Bernardino County Ordinance No. 3930, are adopted as the Inspection Grading of Food Establishments Program of the City (the “Program”).

[Ord. 462, Section 3, 5/9/07.]

The County of San Bernardino Department of Environmental Health Services is designated as the enforcement agency for the City and is authorized to provide the qualified personnel necessary to enforce the provisions of this Chapter.

[Ord. 462, Section 3, 5/9/07.]

The schedule of fees contained within San Bernardino County Ordinance No. 3930, adopted herein, is hereby adopted as the fees in effect in the City, and shall be applicable within the city to provide for the costs of administration and enforcement of this Chapter. The City Council finds and determines that the fees adopted herein are reasonably related to the actual cost of administration and enforcement of the Program. The San Bernardino County Department of Environmental Health Services shall administer and collect these fees for deposit with the County Treasurer to offset the costs assumed by the County in administering and enforcing this Program for and within the City.

[Ord. 462, Section 3, 5/9/07.]

A. In accordance with San Bernardino County Code Section 33.14106(c), adopted by reference herein and applicable to this Chapter, the letter grade card posted in accordance with the Program shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the letter grade 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 San Bernardino County Code Section 33.0112, which is adopted by reference herein and applicable to this Chapter.

B. In addition, any violation of this Section may be punishable in accordance with Chapter 1.20 of this Code.

[Ord. 462, Section 3, 5/9/07.]