Chapter 7.18 — REGULATION OF FOOD ESTABLISHMENTS AND FOOD FACILITIES

(a)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Enforcement officer means the director of the department of environmental health services and his duly authorized environmental health specialists.

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

(b)

The definitions set forth in California Health and Safety Code §§ 113728 through 113941 (California Retail Food Code, Definitions), as amended, shall be effective as definitions of the words, terms and phrases used in this chapter. All words, terms and phrases used herein, other than those specifically defined elsewhere in this chapter, shall have the respective meanings ascribed to them in California Health and Safety Code §§ 113728 through 113941, as amended, and shall have the same scope and effect that the same words, terms and phrases have where used in California Health and Safety Code §§ 113728 through 113941, as amended.

(Code 1972, § 7.18.010; Ord. No. 979, § 2(part), 1994)

(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 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 27520 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 90 percent, but not less than 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 white styrene plastic.

(3)

The letter "C" shall indicate a score of less than 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 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.

(Code 1972, § 7.18.020; Ord. No. 979, § 2(part), 1994)

(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 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 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 ensure 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 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 section 114405 et seq.;

(2)

Issuance of a citation;

(3)

Initiation of civil, criminal or other legal proceedings.

(e)

Finding of imminent health hazard.

(1)

If any imminent health hazard is found, unless the hazard is immediately corrected, an enforcement officer may temporarily suspend the permit and order the food facility or cottage food operation immediately closed.

(2)

Whenever a permit is suspended as the result of an imminent health hazard, the enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, specifying the pertinent code section, and informing the permitholder of the right to a hearing.

(3)

At any time within 15 calendar days after service of a notice pursuant to subsection (e)(2) of this section, the permitholder may request in writing a hearing before a hearing officer to show cause why the permit suspension is not warranted. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. A failure to request a hearing within 15 calendar days shall be deemed a waiver of the right to a hearing.

(f)

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

(Code 1972, § 7.18.030; Ord. No. 979, § 2(part), 1994)

No person shall operate a food establishment or facility without holding a valid permit issued by the department of environmental health services. Application for a permit shall be made to the department of environmental health services upon form provided by the department, and shall be accompanied by a fee as has been established by resolution of the city council. A permit shall be valid for not more than one year.

(Code 1972, § 7.18.040; Ord. No. 979, § 2(part), 1994)

(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 not less than $50.00, but not to exceed $100.00 for the first offense;

(2)

Guilty of an infraction and punished by a fine of not less than $100.00, but not to exceed $200.00 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 $500.00, but not to exceed $1,000.00 and/or six months in the county jail, or both.

(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 1972, § 7.18.050; Ord. No. 979, § 2(part), 1994)

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 1972, § 7.18.060; Ord. No. 979, § 2(part), 1994)

Any person who willfully 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 $50.00 and $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.

(Code 1972, § 7.18.070; Ord. No. 979, § 2(part), 1994)

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 1972, § 7.18.080; Ord. No. 979, § 2(part), 1994)