Lancaster Municipal Code Ch. 8.34 Sale of Energy Drinks to Minors

"County health officer" means the health officer of the county of Los Angeles, or his duly authorized representative.

(Ord. 740 § 1 (part), 1998)

"Food establishment" means any room, building, or place, or portion thereof, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food at the retail level.

(Ord. 740 § 1 (part), 1998)

"Food facility" means any food establishment, food warehouse, milk warehouse, vehicle, vending machine, swap meet prepackaged food stand, mobile food preparation unit (as such places are defined herein or in Title 8 of the Los Angeles County Code), or any place used in conjunction with the operation of the above, including, but not limited to, storage facilities for food utensils, equipment, and materials.

(Ord. 740 § 1 (part), 1998)

"Food official inspection report" means the written notice prepared and issued by the county health officer after conducting an inspection of a food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

(Ord. 740 § 1 (part), 1998)

A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection of a food establishment. The grade will be based upon the scoring method set forth in this section resulting from the food official inspection report and shall reflect the food establishment's degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

B. "Letter grade card" means a card that may be posted by the county health officer at a food establishment upon completion of a routine health inspection that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using a letter grade card in combination with an inspection score card. The county health officer, in his discretion, shall determine whether to post the letter grade card, the inspection score card, or both.

C. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, does not achieve a "C" grade as defined herein. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health.

D. The letter garde shall be based upon the final numerical percentage score set forth in the food official inspection report, as follows:

1. A grade of "A" shall indicate a final score of ninety (90) percent or higher as determined by the county health officer;

2. A grade of "B" shall indicate a final score less than ninety (90) percent but not less than eighty (80) percent as determined by the county health officer;

3. A grade of "C" shall indicate a final score less than eighty (80) percent but not less than seventy (70) percent as determined by the county health officer.

(Ord. 740 § 1 (part), 1998)

A. "Inspection score card" means a card that may be posted by the county health officer at a food establishment, upon completion of a routine inspection, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the food official inspection report. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with a food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using an inspection score card in combination with a letter grade card. The county health officer, in his discretion, shall determine whether to post the inspection score card, the letter grade card, or both.

B. The county health officer, in his discretion, may immediately close any food establishment which, upon completion of the routine inspection, achieves a total numerical percentage score less than seventy (70) percent as set forth in Section 8.36.050. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his discretion, immediate closure is necessary to protect the public health.

(Ord. 740 § 1 (part), 1998)

"Notice of closure" means a public notice that may be posted by the county health officer at a food establishment upon suspension or revocation of the establishment's public health permit and that results in the immediate closure of the establishment and the discontinuance of all operations of the food establishment, by order of the public health officer, because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health.

(Ord. 740 § 1 (part), 1998)

"Routine inspection" means a periodic, unannounced inspection of any food facility to determine compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. A routine inspection shall not mean an inspection conducted by the county health officer to determine compliance with a previously issued food official inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements.

(Ord. 740 § 1 (part), 1998)

A. Upon issuance by the county health officer, the health officer shall post at every food establishment the letter grade card, the inspection score card, or both, as determined by the county health officer, so as to be clearly visible to the general public and to patrons entering the establishment. "Clearly visible to the general public and to patrons" means:

1. Posted in the front window of the establishment within five feet of the front door.

2. Posted in a display case mounted on the outside front wall of the establishment within five feet of the front door; or

3. Posted in a location as directed and determined in the discretion of the county health officer 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 such a separately licensed or permitted business, or in the event of both, the county health officer shall post the letter grade card, the inspection score card, or both, in the initial patron contact area, or in a location as determined in the discretion of the county health officer.

C. The letter grade card and the inspection score card shall not be defaced, marred, camouflaged, hidden or removed. It is unlawful to operate a food establishment unless the letter grade card, the inspection score card, or both, as determined by the county health officer, is or are in place as set forth hereunder. Removal of the letter grade card, the inspection score card, or both, 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 8.08.030 of the Lancaster Municipal Code.

D. Every food establishment shall post a legibly lettered sign which displays the following information so as to be clearly visible to the general public and to patrons entering the establishment:

Any public health concerns regarding this establishment should be directed to the County of Los Angeles, Environmental Health office located at: (local office address and telephone number to be provided by the county health officer).

E. The food official inspection report upon which the letter garde card, the inspection score card, or both, are based and all subsequent reports issued by the county health officer 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 food official inspection report and all subsequent reports until such time as the county health officer completes the next routine inspection of the establishment and issues a new food official inspection report.

(Ord. 740 § 1 (part), 1998)

A letter grade card, an inspection score card, or both, shall remain valid until the county health officer completes the next routine inspection of the food establishment.

(Ord. 740 § 1 (part), 1998)

A. Upon issuance of a written notice of suspension or revocation of the public health permit by the county health officer, the health officer shall post a notice of closure at the food establishment so as to be clearly visible to the general public and to patrons.

B. Upon issuance of the written notice of suspension or revocation of the public health permit by the county health officer, the food establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of the county health officer or until the establishment no longer operates as a food establishment.

C. The notice of closure shall remain posted until removed by the county health officer. Removal of the notice of closure by any person other than the county health officer 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 suspension or revocation of the food establishment's public health permit and shall be punishable as specified in Section 8.08.030 of the Lancaster Municipal Code.

(Ord. 740 § 1 (part), 1998)