O1773
CA:f:\atty\muni\laws\mjm\meals.h&s
city council Meeting 10-25-94 Santa Monical California
ORDINANCE NO. 1773 (CCS)
ORDINANCE OF THE CITY OF SANTA MONICA RELATING
TO THE APPLICATION OF HEALTH AND SAFETY STANDARDS
TO THE SERVICE OF MEALS TO THE PUBLIC WITHOUT CHARGE
WHEREAS I various groups, associations, corporations and
individuals are distributing meals and other food within the city
of Santa Monica to the public without charge;
WHEREAS, the same concerns which underlie health and safety
standards for food storage, preparation, handling and transport
when meals and other food are sold apply equally when food is
distributed to the public without charge;
WHEREAS I the Los Angeles County Health Code standards relating
to food preparation and handling are already incorporated by
reference into the Municipal Code and many of them apply, by their
terms, to the distribution of meals and food to the public without
charge, but the Municipal Code does not explicitly state that they
apply;
WHEREAS, the public interest is served by making the Municipal
Code's requirements clear;
1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. section 5.08.370 of the Santa Monica Municipal
Code is amended to read as follows:
5.08.370 Incorporation of certain county of
Los Angeles Health and Safety Code
requirements.
(a) Sections 11. 02.010 to 11. 38.610,
inclusive, with the exception of sections
11. 02 .192, 11. 04.0300 to 11. 04.330, 11.15.010
to 11.15.050, 11.19.010 to 11.19.040, 11.28.010
to 11.28.060, 11.36.010 to 11.36.080, 11.38.47D
and 11.38.460, of the Health and Safety Code of
the County of Los Angeles and all subsequent
ordinances amending the incorporated sections
of Title 11 of the Los Angeles County Code, are
hereby adopted and incorporated herein by
reference as if set forth in full herein. The
provisions of the Health and Safety Code fully
express the will and intention of the city
Council of the City of Santa Monica as to those
matters relating to public health which are
contained therein and adopted hereby.
(b) The provisions of this Ordinance,
insofar as they are substantially the same as
2
provisions of the Santa Monica Municipal Code
relating to the same subject matter existing
immediately preceding adoption of this
Ordinance, shall be construed as restatements
and continuances, and not as new enactments.
(c) The issuance of a permit,
certification, or approval under the provisions
of this Ordinance shall not constitute a
waiver of any other requirement contained in
the Santa Monica Municipal Code or any other
law or ordinance, and all such requirements
shall be
obtaining
approval
Ordinance.
complied with in addition to the
of a permit, certification, or
under the provisions of this
(d) The issuance of a permit,
certification, or approval under the provisions
of this Ordinance shall not constitute an
approval of any violation of any provision of
this Ordinance, or any law or ordinance, and a
permit, certification, approval, or other
-document purporting to give authority to
violate any law or ordinance shall not be valid
with respect thereto.
( e) Any person, group,
association which prepares
corporation
food for
or
or
3
dispenses food to, members of the public shall
comply with the provisions of the Los Angeles
County Health and safety Code, which are
adopted and incorporated by this section and
which impose requirements for food handling,
preparation, storage and treatment and for the
packaging of box lunches, sandwiches and other
prepared foods.
SECTION 2. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of this
Ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconsti tutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the Ordinance would be subsequently declared invalid or
unconstitutional.
4
SECTION 4.
The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance.
The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption.
This Ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
By
/l;" r, zd . ~ , I , .'
f! f Lc'U ~<47~) LU.u- 'i--L<--t..
MARSHA JO~~S MOUTRIE
City Attorney
5
~ 61/5
Mayor
State of California )
County of Los Angeles ) ss.
City of Santa Monica )
I, Clarice E. Dykhouse, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No.1773 (CCS) had its first reading on October 18. 1994 and had
its second reading on October 25. 1994 and was passed by the following vote:
Ayes: Councilmembers:
Genser, Greenberg, Olsen, Rosenstein, Vazquez
Noes: Councilmembers:
Abdo
Abstain: Councilmembers:
None
Absent: Councilmembers:
Holbrook
ATTEST:
/~d<~' / iJ;~
----~
City Clerk