Coachella Municipal Code Ch. 8.36 Food Establishments and Facilities

The following definitions shall apply in the inspection and enforcement of this chapter.

"Enforcement officer" means the Riverside County director of the department of environmental health services and his or her duly authorized environmental health specialists.

"Food establishment" means food establishment as defined in the California Uniform Retail Facilities Law, Section 113780 of the California Health and Safety Code. These are commonly referred to as restaurants, markets, delis or similar operations.

"Food facilities" means a food facility as defined in Section 113785 of the California Health and Safety Code. 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.

"Food preparation" means food preparation as defined in Section 113790 of the California Health and Safety Code.

"Official inspection form" means the form provided by the Riverside County department of environmental health services.

(Ord. 856 § 2 (part), 2001)

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 (90) 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 Retail Food Facilities Law, California Health and Safety Code, Chapter 4, Sections 113700, 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 (90) percent but not less than eighty (80) 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 styrene plastic.

3. The letter "C" shall indicate a score of less than eighty (80) 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 (11) inches in size. The grade letter shall not be more than five inches in height.

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

E. Private schools and public schools shall not be required to post a grade card.

F. Food facilities and food establishments which are not engaged in food preparation shall not be required to post a grade card.

(Ord. 856 § 2 (part), 2001)

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 and appearing in California Health and Safety Code Sections 113700 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 thereof.

C. Any food establishment or facility that has received a "B" or "C" 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 (90) 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 113950, et seq.;

2. Issuance of a citation; and

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 113960 whenever the officer reasonably believes the facility or establishment to present an immediate danger to the public health or safety.

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

(Ord. 856 § 2 (part), 2001)

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 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. A permit shall be valid for not more than one year.

(Ord. 856 § 2 (part), 2001)

Any violation of this chapter shall constitute a misdemeanor.

(Ord. 856 § 2 (part), 2001)

(Ord. No. 1098, § 36, 12-14-16)

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 provided in this chapter.

(Ord. 856 § 2 (part), 2001)

Any person who willfully violates any provision of this chapter or any other rules or regulations adopted by the Riverside County 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 ($50.00) and two hundred fifty dollars ($250.00) 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.

(Ord. 856 § 2 (part), 2001)

Pursuant to California Health and Safety Code Section 113925, 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.

(Ord. 856 § 2 (part), 2001)