Banning Municipal Code Art. I In General

The County of Riverside shall administer all county regulations and standards related to the health and safety and sanitation of food facilities within the jurisdiction of the City of Banning. The city shall administer the laws set forth in this article V, cottage food operations of this chapter. Nothing in this chapter shall be construed as waiving or limiting the application of local and state regulatory standards for the health, safety and sanitation of food facilities within the jurisdiction of the City of Banning.

(Code 1965, § 9-1.)

(Ord. No. 1463, § 3, 7-9-13)

As used in this chapter:

"Community development director" means the community development director for the City of Banning or the individual so designated by the city manager for the City of Banning.

"Food establishment" means a food establishment as defined in the California Uniform Retail Food Facilities Law, Section 27520 of the California Health and Safety Code. These are commonly referred to as restaurants, markets, delis or similar operations except as provided for in article V, cottage food operations of this chapter.

"Food facilities" means a food facility as defined in Section 27521 of the California Health and Safety Code except as provided for in article V, cottage food operations of this chapter. These are commonly referred to as wholesale food facilities, vehicles, vending machines, satellite food distribution facilities, open-air barbecues, certified farmers markets, stationary food preparation units and mobile food preparation units. This definition also includes commercial food establishments.

"Enforcement officer" means the director of the Riverside County Department of Environmental Health Services and his or her duly authorized environmental health specialists.

"Food preparation" means food preparation as defined in Section 27522 of the California Health and Safety Code.

"Official inspection form" means the form provided by the Department of Environmental Health Services.

(Code 1965, § 9-2.)

(Ord. No. 1463, § 4, 7-9-13)

A. All food establishments and food facilities shall be inspected and graded uniformly using an official inspection form. The grade of each food establishment shall be determined by the enforcement officer using the scoring method provided on the official inspection form. The grade of each food establishment shall be evidenced by the posting of a grade card bearing the letter, "A," "B" or "C."

1. The letter "A" shall indicate a score of ninety percent or higher, and indicates that the food establishment passed the inspection by meeting those minimum health standards as set forth by the state of California in the California Uniform Retail Food Facilities Law, California Health and Safety Code, Chapter 4, Sections 27500, et seq., and interpreted by the enforcement officer. Grade "A" cards shall be printed in blue on high-impact white styrene plastic.

2. The letter "B" shall indicate a score of less than ninety percent, but not less than eighty percent, and indicates that the food establishment has not passed the inspection and does not meet minimum health standards. Grade "B" cards shall be printed in green on high-impact white styrene plastic.

3. The letter "C" shall indicate a score of less than eighty percent, and indicates that the food establishment has failed the inspection and has conditions existing which may pose a potential or actual threat to public health and safety. The facility may also be ordered closed, with its permit being suspended or revoked by the enforcement officer. Grade "C" cards shall be printed in red on high-impact white styrene plastic.

B. The grade card shall be provided by the enforcement officer and shall be nine inches by eleven inches in size. The grade letter shall not be more than five inches in height.

C. The grade card shall be posted in the conspicuous place selected by the enforcement officer, at or near each entrance to the food establishment used by its patrons, and shall be removed only by the enforcement officer.

D. It shall be unlawful to operate a food establishment unless the grade card is in place as posted by the enforcement officer.

(Code 1965, § 9-3.)

A. The enforcement officer shall inspect each food facility and food establishment at regular intervals. All food establishments and food facilities shall comply with those requirements set forth in the California Uniform Retail Food Facilities Law, as amended appearing in California Health and Safety Code Section 27500, et seq.

B. A signed copy of the official inspection form shall be delivered to the owner, operator or person in charge of the food establishment or food facility who shall sign in receipt therefor.

C. Any food establishment or facility that has received a "B" or "C" grade shall receive a reinspection within five working days of the initial inspection, or as otherwise arranged with the facility operator, to assure that the violations have been corrected. The grade "B" or "C" shall remain posted at the food establishment, indicating to the public that the particular food establishment failed to maintain minimum health standards during its most recent routine inspection performed by the department of environmental health services.

D. If, after a reinspection of the food establishment or facility, the score is not ninety percent or higher, any or all of the following legal actions may ensue:

1. Administrative hearing offered for the suspension or revocation of the license pursuant to Health and Safety Code Sections 27580, et seq.;

2. Issuance of a citation;

3. Initiation of civil, criminal or other legal proceedings.

E. Notwithstanding the foregoing, the enforcement officer may order immediate closure of a facility or establishment pursuant to Health and Safety Code Section 27582 whenever he reasonably believes the facility or establishment to present an immediate danger to the public health or safety.

F. Any reinspection following legal action, other than one reinspection following an initial administrative hearing, will result in the operator being charged an hourly on-site fee.

(Code 1965, § 9-4.)

No person shall operate a food establishment or facility without holding a valid permit issued by the Riverside County department of environmental health services. Application for a permit shall be made to the Riverside County department of environmental health services upon a form provided by the department, and shall be accompanied by a fee as required by Riverside County Ordinance No. 640. A permit shall be valid for not more than one year.

(Code 1965, § 9-5.)

A. Any person violating any provision of this chapter shall be guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense for each day during which any violation of this chapter is committed or allowed to exist.

B. Any individual convicted of a violation of this chapter shall be:

1. Guilty of an infraction and punished by a fine of one hundred dollar for the first offense;

2. Guilty of an infraction and punished by a fine of not less than one hundred dollars, but not to exceed two hundred dollars, for the second offense;

3. The third and any subsequent offense shall constitute a misdemeanor, and shall be punishable by a fine of not less than five hundred dollars, but not to exceed one thousand dollars, and/or six months in the county jail.

C. Notwithstanding the foregoing, a first or second offense may be charged and prosecuted as a misdemeanor.

D. Payment of any penalty herein shall not relieve an individual from the responsibility of correcting the violations as noted on the official inspection report form.

(Code 1965, § 9-6.)

In addition, any violation of this chapter is deemed to be a public health nuisance and may be abated by the enforcement officer, irrespective of any other remedy hereinabove provided.

(Code 1965, § 9-7.)

Any person who wilfully violates any provision of this chapter or any other rules or regulations adopted by the department of environmental health services pursuant to this chapter in addition to any criminal penalties, shall be liable for a civil penalty of between fifty dollars and two hundred fifty dollars for each day of violation. The enforcement agency shall be authorized to file and maintain an action in a court of appropriate jurisdiction to collect any such civil penalty arising under this section.

(Code 1965, § 9-8.)

Pursuant to California Health and Safety Code Section 27560, the enforcement officer shall have the right to inspect any food facility or establishment, or any facility suspected of being a food establishment or facility, at any reasonable time. If inspection is refused, the permit may be suspended or revoked, and/or the owner or operator shall be guilty of an infraction or misdemeanor offense.

(Code 1965, § 9-9.)