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CA:f:\atty\muni\strpts\mjm\meals2.h&s
city Council Meeting 10-25-94
Santa Monica, California
OCT 2 5 19M
TO:
City council
FROM:
City Attorney
RE:
Ordinance of the city of Santa Monica Making county
Health Code Standards Applicable To The Charitable
Distribution of Food To the Public
INTRODUCTION
At its meeting on October 18, 1994, the city Council introduced for
first reading an ordinance of the City of Santa Monica making
County Health Code standards applicable to the charitable
dlstribution of food to the public. The ordinance is now presented
to the City council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
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CA:f:\atty\muni\laws\mjm\meals.h&s
C1ty Counc11 Meeting 10-25-94 Santa Monlca, Californla
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, various groups, associations, corporations and
lndividuals 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
dlstributed to the public without charge;
WHEREAS, the Los Angeles County Health Code standards relat1ng
to food preparation and handling are already incorporated by
reference into the Municipal Code and many of them apply, by thelr
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;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Sect10n 5.08.370 of the Santa Mon1ca Mun1c1pal
Code 1S 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,
1nclus1ve, w1th the exception of sections
11. 02 . 192 , 11. 04 . 0300 to 11. 04 . 3 3 0 , 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, 11.38.470
and 11.38.460, of the Health and Safety Code of
the County of Los Angeles and all subsequent
ordinances amend1ng the lncorporated sectlons
of Title 11 of the Los Angeles County Code, are
hereby adopted and lncorporated herein by
reference as if set forth in full herein. The
provisions of the Health and Safety Code fully
express the will and lntention of the Cl ty
council of the City of Santa Monlca as to those
matters relating to public health which are
contained thereln and adopted hereby.
(b) The provlslons of this Ordinance,
lnsofar as they are substantlally the same as
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provisions of the Santa Monica Munic1pal 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 provis1ons
of this Ordinance shall not constitute a
waiver of any other requirement contained in
the Santa Monica Mun1c1pal Code or any other
law or ordinance, and all such requirements
shall be complied with in addition to the
obtaining of a permit, certification, or
approval under the provisions of this
Ordinance.
(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 Ordlnance, or any law or ordinance, and a
permit, certification, approval, or other
document purporting to give authority to
violate any law or ordlnance shall not be valid
with respect thereto.
(e) Any person, group, corporation or
assooiation which prepares food for or
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dispenses food to, members of the publlC shall
comply with the provisions of the Los Angeles
County Health and Safety Code, which are
adopted and incorporated by this sectlon and
which ~mpose requ~rements for food handling,
preparation, storage and treatment and for the
packaging of box lunches, sandwiches and other
prepared foods.
SECTION 2. Any prov~slon of the Santa Monica Municipal Code
or appendices thereto lnconslstent with the provlsions of this
Ordinance, to the extent of such ~nconsistencles and no further,
are hereby repealed or modified to that extent necessary to affect
the provisions of this Ordinance.
SECTION 3. If any sectlon, subsectlon, sentence, clause, or
phrase of this Ordinance is for any reason held to be lnvalid or
unconsti tutlonal by a declsion of any court of any competent
]urlsdlction, such decision shall not affect the validity of the
remalnlng 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
lnvalld or unconstitutional without regard to whether any portlon
of the ordinance would be subsequently declared lnvalid or
unconstltutional.
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SECTION 4.
The Mayor shall slgn 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
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MARSHA JONftS MOUTRIE
Clty Attorney
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Mayor
State of CalIfornIa )
County of Los Angeles ) ss
CIty of Santa Monica )
1. Clance E. Dykhouse, CIty Clerk of the CIty of Santa MOllica, do hereby certIfy that the
foregomg Ordmance No 1773 (CCS) had Its frrst readmg on October 18, 1994 and had
Its second readlllg on October 25. 1994 and was passed by the followmg vote
Ayes: CouncIlmembers
Genser, Greenberg, Olsen, Rosenstem, Vazquez
Noes' Councllmembers
Abdo
Abstalll Counc1lmembers
None
Absent: Councllmembers:
Holbrook
ATTEST
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City Clerk