Chapter 8.13 — HEALTH INSPECTION REPORT POSTING ORDINANCE

This chapter shall be known as the "health inspection report posting" ordinance.

(Ord. 6959 § 2 (part), 2003)

The city council finds that the Los Angeles County Department of Health Services has recommended the adoption of a grading system for all retail food establishments. The results of a Pasadena Public Health Department Citizens Survey in 2002 showed strong community interest in a restaurant grading program similar to Los Angeles County's grading program. The purpose of this chapter is to implement an alternative retail food establishment inspection reporting program to provide to patrons relevant information regarding the sanitation and safety of such businesses in the city.

(Ord. 6959 § 2 (part), 2003)

As used in this chapter, the following terms have the meanings set forth below:

A.

"Conspicuous to the general public" means visible to the public in any of the following manners: posted on the front door or in the front window of the establishment within five feet of the front door; posted in a display case mounted on the outside front wall of the establishment within five feet of the front door; or posted in a location as directed and determined in the discretion of the health officer or his/her designee to ensure proper notice to the general public and to patrons.

B.

"Public health inspection summary report" means a report that shall be posted by the business owner or his/her designee at a retail food establishment upon completion of a routine inspection that details a summary of the findings contained in the public health department inspection report as determined by the city health officer or his/her designee. For purposes of this chapter, a retail food establishment shall include, but not be limited to, restaurants, delicatessens, fast food outlets, bars, bakeries and retail food markets.

C.

"Retail food establishment" means any building or portion of a building where any food is cooked, prepared, handled, served, stored and/or sold to the public, or whose patrons normally consume the food on the premises.

D.

"Routine inspection" means a periodic, unannounced inspection of a retail food establishment to determine compliance with all applicable federal, state and local ordinances, rules, regulations or directives relating to public health. A routine inspection shall not mean an inspection conducted by the city health officer or his/her designee to determine compliance with a previously issued inspection report or any interim inspection conducted to determine compliance with specific regulations or legal requirements.

(Ord. 6959 § 2 (part), 2003)

All retail food establishments shall implement the following requirements:

A.

Upon completion of a routine inspection by the health officer or his/her designee, the city shall issue to the retail food establishment an inspection summary report which the business owner or representative shall cause to be posted inside the site so as to be conspicuous to the general public and to patrons entering or using the establishment.

B.

If a retail food establishment is operated in the same building or space as a separately licensed or permitted business, or if the establishment shares a common patron entrance with a separately licensed or permitted business, or in the event of both, the health officer or his/her designee shall post the inspection summary report in the initial patron contact area, or in a location as determined in the discretion of the health officer or his/her designee.

C.

The inspection summary report shall not be defaced, marred, camouflaged, hidden or removed.

D.

The public health department inspection report upon which the inspection summary report is based and all subsequent reports issued by the health officer or his/her designee shall be maintained at the retail food establishment and shall be available to the general public and to patrons for review upon an oral request. The retail food establishment shall keep the public health department inspection report and all subsequent reports until such time as the health officer or his/her designee completes the next routine inspection of the establishment and issues a new public health department inspection report.

D.

Nothing in this chapter shall prohibit the city's health officer or designee from immediately closing any retail food establishment if, in his/her discretion, immediate closure is necessary to protect the public health.

(Ord. 6959 § 2 (part), 2003)

It shall be unlawful for an establishment to operate unless the inspection summary report is posted as set forth in this section. Removal of the inspection summary report is prohibited and may result in the suspension or revocation of the establishment's public health permit.

(Ord. 6959 § 2 (part), 2003)

The inspection summary report shall remain valid and posted until the health officer or his/her designee completes the next routine inspection of the retail food establishment.

(Ord. 6959 § 2 (part), 2003)

The provisions of this chapter shall be enforced by the health officer and the environmental health division manager. The health officer's authorized representatives are hereby authorized to make such inspections and take such actions, including lawful entry upon such premises, as may be required to enforce the provisions of this chapter.

(Ord. 6959 § 2 (part), 2003)

A.

It is declared unlawful and a misdemeanor for the owner, manager or other responsible person of a retail food establishment to violate any of the provisions of this chapter. Alternatively, the city may address violations of this chapter through the administrative citation process outlined in Chapter 1.26 of this code. The city manager shall appoint an administrative hearing officer regarding any disputed administrative citations issued pursuant to Chapter 1.26.

(Ord. 6959 § 2 (part), 2003)

If any provision of this chapter or the application thereof to any person or circumstances is held to be invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby.

(Ord. 6959 § 2 (part), 2003)