San Bernardino Municipal Code Ch. 8.02 Inspection Grading of Food Establishments

(A) The city adopts by reference, and makes a part of this chapter, San Bernardino County Code, Chapter 14 of Division 3 of Title 3, entitled “Inspection Grading of Food Establishments” (attached and incorporated herein as Exhibit A), with the following exceptions (shown with additions underlined and deletions lined-out):

(1) Section 33.1403, “Grading,” division (c) is amended to read as follows:

(c) Any food establishment that fails to attain at least a “B” grade, as defined herein, shall be issued written notice, through an OIR, by the health official. The food establishment must correct the deficiencies listed in the OIR and must file a written request for a re-score inspection with the health official within 30 days of the OIR. A re-score inspection shall be conducted by the health official and be subject to a re-score inspection fee as provided in the Code, Schedule of Fees. The health official will complete the re-score inspection within ten (10) County business days of food establishment’s filing of a written request for a re-score inspection. A food establishment failing to comply with the OIR, or failing to attain at least a “B” grade on the re-score inspection, may be immediately closed by the health official pursuant to State law and remain closed until at least a “B” grade is achieved on a re-score inspection. Nothing in this provision shall prohibit the health official from immediately closing any food establishment if, at his discretion, immediate closure is necessary to protect the public health pursuant to State law.

(2) Section 33.1404, “Notice of Closure,” is amended to read as follows:

“Notice of Closure” means a public notice that shall be posted by the health official at a food establishment upon suspension or revocation of the food establishment’s public health permit and that results in the closure of the food establishment and the discontinuance of all operations of the food establishment, by order of the health official, because of violations of applicable federal, state, and local laws and regulations relating to the protection of public health. The Notice of Closure shall remain posted until removed by the health official. Removal of the Notice of Closure by any person other than the health official 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 revocation of the food establishment’s public health permit and shall be prosecuted by the City Attorney and be punishable as a misdemeanor as specified in section 33.0112 of this Code Chapter 1.12 of the San Bernardino Municipal Code.

(3) Section 33.1406, “Posting Requirements - Penalty for Non-Compliance - Documents Available for Public Review,” division (c) is amended to read as follows:

(c) The Letter Grade Card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card is posted. Removal of the Letter Grade Card or any other signs posted by the health official, is a violation of this Chapter and may result in the suspension or revocation of the public health permit and shall be prosecuted by the City Attorney and be punishable as an infraction or a misdemeanor as specified in section 33.0112 of this Code Chapter 1.12 of the San Bernardino Municipal Code.

(B) The aforementioned sections of the San Bernardino County Code, as amended herein, are adopted as the inspection grading of food establishments program for the city.

The County Department of Public Health is designated as the administering agency for the city and is authorized to provide the qualified personnel necessary to implement the provisions of this chapter.

The schedule of fees contained within the provisions of the County Code, adopted herein, and as which may be modified in the future by the county, is adopted as the fees in effect in the city, and shall be applicable within the city to provide for the administration of this chapter. The county shall administer and collect these fees for deposit with the County Treasurer to offset the costs assumed by the county in administering this program.

Unless otherwise stated in this chapter, any violation of this chapter may be punishable as an infraction or a misdemeanor in accordance with Chapter 1.12.

(Ord. MC-1271, passed 5-21-2008)

APPENDIX A: FIGURES

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