Chapter 5.47

RESTAURANT FOOD SERVICE MANAGER CERTIFICATION PROGRAM

The following terms used in this chapter shall have the meaning indicated below:

"City" means the City of Orange, California.

"Department" means the Orange County Health Care Agency.

"Environmental health" means that division and staff of the department which enforces the state health codes pertaining to food service operations within the City of Orange.

"Food service manager certificate" means a certificate issued by the department, certifying that food service manager has satisfactorily demonstrated competency in food protection practices by passing a written food sanitation examination. The certificate shall entitle its holder to operate or manage no more than two food service operations. A duly issued certificate shall contain the manager's name, certificate number, and expiration date.

"Food service manager" means an owner, operator, licensee, or designated employee, at least 18 years of age, who is in charge of a food service operation.

"Food service operation" means any restaurant having five or more employees preparing and offering food for sale to the public, excluding school cafeterias and temporary food operations. Food service operations having more than one fixed location are deemed to have a separate food service operation at each location. A list of the restaurants covered by this chapter shall be prepared and maintained current by the department.

"Qualified food service manager" means a food service manager, as defined, who is employed not less than 20 hours per week at the affected food service operation. (Ord. 21-90)

The costs of administering the Food Service Manager Certification Program shall be recovered through fees paid directly to environmental health by each applicant. All costs of the program shall be borne by the applicants for certification. The program costs shall be determined annually and the fees adjusted accordingly as approved by the County Board of Supervisors. (Ord. 21-90; Ord. 07-24, 5/14/2024)

All applications for food service manager certification shall be made on a form provided by the department. The application shall include the applicant's social security number, name, address, date of birth, sex, California driver's license number, or other photographic identification card, the name and location of the food service operation(s) where the certificate shall be used. The application must be accompanied by an application fee as determined by the department. The department shall immediately issue an application receipt. The application receipt shall be valid

3. Editor's Note: Former Section 5.47.020, Program Implementation, adopted by Ord. 21-90, was repealed by Ord. 07-24, 5/14/2024.

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.47.040

§ 5.47.090

for three months after its issuance to allow time for attending an approved food sanitation course and taking the official certification examination.

If the applicant fails to pass the official certification examination, an additional month shall be given to reschedule and retest the applicant. An applicant who fails to pass the examination on the second attempt shall not be allowed to take the official certification examination again until attendance of another approved food sanitation course has been verified, application has been made to the department for certification, and the application fee again paid. (Ord. 21-90)

The food sanitation course offered by the department or its designated contractor, shall provide a minimum of four hours of instruction in food sanitation and safety principles as approved by the department. The department may accept similar training programs offered by other regulatory jurisdictions, schools, and private industry which satisfactorily prepare food service managers for certification within the City.

(Ord. 21-90)

An official certification examination shall be administered by the department or its contractor. (Ord. 21-90)

It shall be the permittee's responsibility to assure that at least one food service manager employed at each food service operation conspicuously displays an original, or a duplicate original, food service manager certificate on the premises. Duplicate original food service manager certificates will be issued only by the department. Photocopied certificates are not acceptable. (Ord. 21-90)

A certified food service manager who changes employment or location of his or her food service operation may continue to display his or her original certificate at the new food service operation at which he or she is employed for 30 days after change in employment. Within said 30 days, the food service manager must notify the department of the change of employment.

The permittee, or authorized designee of a food service operation which no longer has a certified food service manager shall take immediate steps to secure a duly certified food service manager by hiring such manager or by a qualified food service manager applying for the certification, with the department pursuant to Section 5.47.040. In no event may a food service operation operate in excess of four months without employing a certified food service manager. (Ord. 21-90)

Within one month of the approval of their application for a health permit, every new food service operation or food service operation which has changed ownership shall be given a written notice of the requirements of this chapter by the department. Such a notice shall require, within 30 days,

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City of Orange, CA

ORANGE CODE

§ 5.47.090

§ 5.47.130

the employment of a certified food service manager working not less than 20 hours per week in the affected food service operation, or the submittal of an application for certification by a qualified food service manager.

Within three months after filing an application for certification, the qualified food service manager shall attend an approved food sanitation course and obtain a valid certified food service certificate, issued by the department.

(Ord. 21-90)

The department may grant an extension of time to the permittee to obtain a certified food service manager when circumstances warrant such. The criteria for determining when an extension is warranted shall be at the discretion of the department. (Ord. 21-90)

Any certificate may be revoked by the department when the following are found to exist within a food service operation:

• A. Evidence indicating repeated or continuing violations of accepted procedures and practices in the preparation, service, storage, distribution or sale of food or beverage offered for public purchase and consumption;

• B. Any other condition detrimental to the public health;

• C. Evidence indicating falsification of information required for issuance of the certificate by the department.

Environmental health shall issue a notice to the food service manager setting forth the violative acts or omissions and informing him or her of a right to a hearing, if requested, to show cause why the certificate should not be revoked.

(Ord. 21-90)

Any food service manager whose certificate has been revoked may make a written request for a hearing within 15 calendar days after receipt of the notice described in Section 5.47.110. Failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the department may order a hearing at any reasonable time within the 15-day period to expedite the revocation process.

The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request by the food service manager, the department may postpone any hearing date if circumstances warrant such action.

Environmental health shall issue a written notice of decision to the manager within five working days following the hearing. In the event of revocation, the notice shall specify the acts or omissions with which the food service manager is charged and that the certificate has been

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.47.130

§ 5.47.180

revoked. (Ord. 21-90)

A food service manager certificate shall expire three years after the date it was issued. The certificate may be renewed only by the person who received it for one successive three year period by paying the fee in effect at the time of renewal and passing the official certification examination. At every alternate renewal, a certificate will be issued only upon payment of the fee in effect at the time of renewal, completion of an approved food sanitation course, and passing the official certification examination.

(Ord. 21-90)

Upon passing the official certification examination, the food service manager is entitled to receive one original certificate and one duplicate thereof. All subsequent certificates issued, either to replace a lost or stolen certificate or upon change of employment, shall be issued upon payment of a fee established by the department. (Ord. 21-90)

Any person who violates any provision of this chapter is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than $25.00 or more than $1,000.00 or by imprisonment for a period not exceeding six months or by both such fine and imprisonment. (Ord. 21-90)

• A. Any food establishment or activity which is found by the Health Officer to be a menace to the public health or safety or welfare and which is in violation of any provision of this chapter is a public nuisance. The Health Officer is authorized and empowered to take such action consistent with the law as is necessary to abate any such public nuisance. In the event that immediate action is necessary to preserve or protect the public health or safety or welfare because of any such violation, the Health Officer is authorized and empowered to summarily abate such nuisance by any reasonable means;

• B. If no such immediate action is necessary to abate any such violation, the Health Officer shall inaugurate appropriate proceedings or injunction proceedings through the City Attorney upon authorization by the City Manager or City Council, or by misdemeanor prosecution;

• C. No person shall obstruct or interfere with the Health Officer in the performance of his or her duties of administering or enforcing the provisions of this chapter;

• D. The police and other appropriate officials of the City shall cooperate with the Health Officer in the enforcement of the provisions of this chapter;

• E. The remedies authorized herein are not exclusive, but are cumulative to other remedies provided by law.

• (Ord. 21-90)

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City of Orange, CA § 5.47.180

ORANGE CODE

§ 5.47.200

The Health Officer shall submit an annual report to the City Manager outlining the accomplishments achieved and the major problems encountered in carrying out the purposes of this chapter. The Health Officer shall also submit any other information as directed by the City Council or City Manager.

(Ord. 21-90)

Any notice required to be given by the Health Officer, in regard to a particular food service operation, pursuant to any provision of this chapter, shall be deemed to have been properly served, in regard to such food service operator, when either: (1) such notice has been delivered personally to the permit holder of the food establishment, or the manager or operator or other person in charge of the food establishment; or (2) such notice has been sent by certified mail, return receipt requested, to the last known address of the permit holder, and, if different than said address, also the address of the food service operation, as indicated on the application filed with the Health Officer for the permit to operate the food establishment, or as indicated on the supplemental information filed with the Health Officer. The Health Officer may, at his or her discretion, personally communicate with or send copies of any such notice to any one or more of the other persons, if any, listed on the permit application or who are otherwise known to the Health Officer as having some property interest in, or some management control over the operation of food service operation. (Ord. 21-90)

If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter. The City Council hereby declares that it would have passed the ordinance codified herein and each section, subsection, sentence, clause, phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 21-90)

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City of Orange, CA

BUSINESS TAXES AND REGULATIONS

§ 5.48.010

§ 5.48.050