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City Council Meeting 5-19-98
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o MAY 1 9 1198
Santa MOnica, California
TO Mayor and City Council
FROM CIty Attorney
SUBJECT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA ADDING CHAPTER 5 05 TO THE SANTA MONICA MUNICIPAL
CODE REGULATING PUBLIC EATING PLACES
INTRODUCTION
At Its meeting on February 24, 1998, the City Council Introduced for first reading an
ordinance adding Chapter 5 05 to the Santa Monica MUnlclpal Code regulating public
eating places The ordinance IS now presented to the City Council for adoption
RECOMMENDATION
It IS respectfully recommended that the accompanymg ordInance be adopted
PREPARED BY Marsha Jones Moutne, City Attorney
g-E
MAY 19.
,
f \atty\munr\laws\mJm\food ord
City Council Meeting 5-19-98
Santa MOnica, CalifornIa
ORDINANCE NUMBER ~
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA ADDING CHAPTER 5 05 TO THE
SANTA MONICA MUNICIPAL CODE REGULATING
PUBLIC EATING PLACES
THE CITY COUNCil OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN
AS FOllOWS
SECTION 1 Chapter 505 IS hereby added to the Santa Monica MUnicipal Code
to read as follows
CHAPTER 5.05 - REGULATION OF PUBLIC EA liNG PLACES
Section 5.05.010. Food Official Inspection Report. "Food OffiCial
Inspection Report" means the wntten notrce prepared and Issued by the
Health Officer after conducting an Inspection of a food facIlity to determine
compliance With all applicable federal, state and local statutes, orders,
ordinances, quarantines, rules, regulations, or directives relating to the public
health
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SectIon 5.05.020. Grading and Letter Grade Card.
A "Grading" means the letter grade Issued by the Health Officer
at the conclusion of the routme mspectlon of a public eating place Public
eating place IS defined In MUnicipal Code Section 5 04 020 The grade shall
be based upon the scoring method set forth In this Section resulting from the
Food Official Inspection Report and shall reflect the public eatIng place's
degree of compliance wIth all applicable federal, state and local statutes,
orders, ordinances, quarantines, rules, regulations, or directives relating to
the public health
B "Letter Grade Card" means a card that may be posted by the
Health Officer at a public eating place upon completion of a routme
InspectIon that mdlcates the letter grade of the establIshment as determmed
by the Health Officer uSing the scoring method set forth In this Section For
the purposes of this provIsion, a public eating place shallmclude a public
eating place operating In conjunction With a food processing establishment
A Letter Grade Card shall remain valid until the Health Officer completes the
next routine Inspection of a public eating place Nothmg In this Chapter shall
prohibit the Health Officer from creating and uSIng a Letter Grade Card In
combinatIon With an Inspection Score Card The Health Officer, In hiS or her
dlscretlon, shall determme whether to post the Letter Grade Card, the
Inspection Score Card, or both
C The Health Officer, In hiS or her discretion, may Immediately
close any publIC eating place WhiCh, upon completion of the routine
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inSpection, does not achieve a "e" grade or better as defined herein
Nothing In this Chapter shall prohibit the Health Officer from Immediately
closing any public eating place If, In the Health Officer's discretion,
Immediate closure IS necessary to protect the public health
D The letter grade shall be based upon the final numerical
percentage score set forth In the Food OffiCial Inspection Report, as follows
1 A grade of "An shall Indicate a final score of ninety
percent (90%) or higher as determmed by the Health Officer
2 A grade of "8" shall indicate a final score of less than
ninety percent (90%) but not less than eIghty percent (80%) as determined
by the Health Officer
3 A grade of "C" shall Indicate a final score of less than
eighty percent (80%) but not less than seventy percent (70%) as determined
by the Health Officer
Section 5.05.030. Inspection Score Card.
A "Inspection Score Card" means a card that may be posted by
the Health Officer at a public eating place, upon completion of a routine
InspectIon, that indicates the total numerical percentage score for the
establishment as determined by the Health Officer and as set forth In the
Food Official Inspection Report For the purposes of thiS provISIon, a public
eating place shall Include a public eating place operating in conjunction wIth
a food processing establishment An Inspection Score Card shall remain
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valid until the Health Officer completes the next tnspectlon of a public eating
place Nothing In this Chapter shall prohibIt the Health Officer from creating
and uSing an Inspection Score Card In combination With a Letter Grade Card
The Health Officer, In his or her discretion, shall determine whether to post
the Inspection Score Card, the Letter Grade Card, or both
B The Health Officer, In his or her discretion, may Immediately
close any public eating place WhiCh, upon completion of the routine
inSpection, achieves a total numerical percentage score of less than seventy
percent (70%) as set forth In Section 5 05 020 Nothing In this prOVISion shalt
prohibit the Health Officer from Immediately closing any public eating place
If, In his or her discretion, Immediate closure IS necessary to protect the
public health
Section 5.05.040. Notice of Closure. "Notice of Closure" means a
public notice that may be posted by the Health Officer at a public eating
place upon suspension or revocation of the establishment's public health
permIt and that results In the Immediate closure of the establishment and the
discontinuance of all operations of the public eating place, by order of the
Health Officer, because of VIolatIons of applicable federal, state and local
statutes, orders, ordmances, quarantmes, rules, regulatIons, or directives
relating to the public health
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Section 5.05.050. Routine Inspection. "RoutIne Inspection" means
a penodlc, unannounced inspection of any business or occupatIon speCified
In MUniCipal Code SectIon 505020 to determine compliance with all
applicable federal, state and local statutes, orders, ordinances, quarantines,
rules, regulations, or directives relating to public health A Routine
Inspection shall not mean an inspectIon conducted by the Health Officer to
determine compliance with a prevIously Issued Food Official Inspection
Report or any interim Inspection conducted to determine complIance wIth
speCIfic regulations or legal requIrements
Section 5.05.060. Posting Requirements - Penalty for
Noncompliance - Documents Available for Public Review.
A The Health Officer shall Issue and post at every public eating
place a Letter Grade Card, a Inspection Score Card, or both, as determined
by the Health Officer, so as to be clearly VISible to the general public and to
patrons entenng the establishment "Clearly VISIble to the general public and
to patrons" shall mean
1 Posted In the front Window of the establishment Within
five (5) feet of the front door, or
2 Posted In a display case mounted on the outSide front
wall of the establishment Within five (5) feet of the front door, or
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3 Posted [n a location as directed and determmed In the
discretIon of the Health Officer to ensure proper notice to the general public
and to patrons
B. In the event that a public eatmg place IS operated m the same
bUilding or space as a separately licensed or permitted business, or In the
event that a publiC eating place shares a common patron entrance With a
separately licensed or permitted bUSIness, or In the event of both, the Health
Officer shall post the Letter Grade Card, the Inspection Score Card, or both,
In the mitral patron contact area, or In a location as determined In the
discretion of the Health Officer
C The Letter Grade Card and the Inspection Score Card shall not
be defaced, marred, camouflaged, hidden or removed It shall be unlawful
to operate a public eating place unless the Letter Grade Card, the Inspection
Score Card, or both, as determmed by the Health Officer, IS or are In place
as set forth hereunder Removal of the Letter Grade Card, the Inspection
Score Card, or both, IS a vlolatron of thiS Chapter and may result m the
suspension or revocation of the public health permIt
o Every public eatmg place shall post a legibly lettered sIgn whIch
displays the followmg mformatlon so as to be clearly VISible to the general
public and to patrons entering the establishment
"Any public health concerns regarding thiS establishment
should be directed to the County of Los Angeles,
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Environmental Health office located at (local office address
and teleohone number to b~ provided by the Health Officer) "
E The Food Official Inspection Report upon which the Letter
Grade Card, the Inspection Score Card, or both, are based and all
subsequent reports Issued by the Health Officer shall be maintained at the
public eating place and shall be available to the general public and to patrons
for review upon request The public eating place shall keep the Food Offi CJa I
Inspection Report and all subsequent reports until such time as the Health
Officer competes the next routine Inspection of the establishment and Issues
a new Food OffiCial Inspection Report
Section 5.05.070.
Public Health Permit Suspension or
Revocation ~ Notice of Closure.
A Upon Issuance of a wrrtten notice of suspension or revocation
of a public health permit by the Health Officer, the Health Officer shall post
a Notice of Closure at the public eating place so as to be clearly vIsible to the
general public and to patrons
B Upon Issuance ofthe wrrtten notice of suspension or revocation
of the public health permit by the Health Officer, the public eating place shall
ImmedIately close to the general pubhc and to patrons and shall discontinue
all operations until the public health permit has been reissued or reinstated
by order of the Health Officer or until the establIshment no longer operates
as a publiC eating place
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C The Notice of Closure shall remain posted until removed by the
Health Officer Removal of the Notice of Closure by any person other than
the Health Officer or the refusal of a public eating place to close upon
Issuance of the wntten notice of suspension of the public health permit IS a
violation of this Chapter and may result In the suspension or revocation of
the pubhc eating place's public health permit
Section 5.05.080. Food Handler's Training Certification.
A Definitions.
1 "Certified Food Handler" means an owner, operator, or
any other person at least eighteen (18) years of age who supervises all or
part of the food service operations within a Food Service Operation and IS
responsible for training the operation's employees In the areas set forth In
Section 5 05 090D At the discretion of the Director, and upon a showmg of
good cause, the Director may waive the requirement that a Certified Food
Handler be at least eighteen (18) years of age
2 "Department" means the County of Los Angeles,
Department of Health Services
3. "Director" means the Director of the Department of
Health ServIces or hIS or her duly authorized deSignee
4 "Food Handler's Training Certificate" means a certificate
Issued by the Department, certifying that a Food Handler has satisfactorily
demonstrated competency In food protection and practices by passing a
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written exammatlon administered by the Department or by completing a food
handler's tramlng course approved by the Director
5 "Food ServIce Operation" means any food service
business which prepares any potentially hazardous food on the premises for
sale or gift to the public and Includes but IS not limited to all restaurants,
markets, bakeries, mobile food preparation Units, commlssarres, and food
processing establishments
6 "Potentially Hazardous Food" shall mean those foods set
forth In California Health and Safety Code Section 113845 as It currently
eXists or hereafter may be amended
8 Application and Effect
1 Within one (1) year of the effective date of thiS
Ordinance, each Food Service Operation as defined In Section 5 05 090A5
shall employ at least one Certified Food Handler
2 Failure to have a Certified Food Service Handler on site
during the operatmg hours of the Food Service Operation and as specified
In thiS Chapter wlthm one (1) year from the effective date of thiS Ordinance
shall be grounds for the suspension or revocation of the operation's public
health permit
C Procedure for Obtaining a Food Handler's Training
Certificate.
1 Every person deslrmg certification as a Certified Food
Handler shall file WIth the Department an application for certification,
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wntten examinatIon admInistered by the Department or by completing a food
handler's trainIng course approved by the DIrector
5 "Food Service Operation" means any food service
business whIch prepares any potentially hazardous food on the premises for
sale or gift to the public and Includes but IS not hmlted to all restaurants,
markets, bakenes, mobIle food preparatIon umts, commlssanes, and food
processIng establishments
6 "Potentially Hazardous Food" shall mean those foods set
forth In CalifornIa Health and Safety Code Section 113845 as It currently
eXists or hereafter may be amended
8 Application and Effect
1 Withm one (1) year of the effectlve date of thiS
Ordinance, each Food Service OperatIon as defined In Section 5 05 090A5
shall employ at least one CertIfied Food Handler
2 Failure to have a Certified Food Service Handler on sIte
at all tImes dunng the operatIng hours of the Food Service Operation and as
speCIfied In thiS Chapter WIthIn one (1) year from the effective date of thiS
Ordmance shall be grounds for the suspension or revocation of the
operation's public health permit
C Procedure for Obtaining a Food Handler's Training
Certificate.
1 Every person desmng certificatIon as a Certified Food
Handler shall file With the Department an application for certification,
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accompanIed by an application fee Upon application, each person desiring
certificatIon shall provide'
(a) Proof of successful completion of a food handler's
training course approved by the Department
(b) A food handler's training certificate which
indIcates passage of an examination developed and adminIstered by The
Center for Occupational and Professional Assessment of the Educational
Testing Service
(c) Any other food handler's training certIficate WhiCh,
In the discretion of the Director, IS eqUivalent to either (a) or (b) above
2 In the alternative to the procedure set forth In subsection
1 above, any person deSiring certification as a Certified Food Handler, upon
payment of an examination fee, may take an examination administered by
the Department The Department shall certify only those persons who
receive a score of seventy-five percent (75%) or higher on Its examinations
The payment of any examination fee shall be In addition to the application
fee set forth In this Section
D Food Handler's Training Course. Any food handler's training
course taken by a person deSIring certification as a Certified Food Handler
shall be a mlnlmum of four (4) hours In duratlon The course of instruction
shall Include, but not be limited to, the follOWing subject matter
mlcroorgamsms, sources of food borne Illness microorganisms, food borne
Illness, the means by which food IS contaminated by microorganisms and
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tOXIC substance, the methods for protection of food to prevent food borne
Illnesses, personal hygiene for food handlers, proper utensils and equipment
washIng and sanitiZing, and proper receiving and storage of food
E Multiple Food Service Operations. Persons who operate
more than one Food Service Operation shall be requIred to have a Certified
Food Handler at each operatIon at all times dunng operating hours
F Exemptions. Food Service OperatIons whIch deal exclusIvely
In nonpotentlally hazardous prepackaged food and beverages or Food
Service Operations reqUired by the Department to have only temporary
operating permits shall be exempt from the provIsions of thiS SectIon
G Display of Food Handlerls Training Certificate. The Food
Handler's Tralnmg Certificate shall be posted In a conspIcuous place within
the Food Service Operation, or In a location desIgnated and approved by the
Director
H Change of Certified Food Handler. A Certified Food Handler
who changes his or her place of employment after obtaining a Food
Handler's Training CertIficate may display the certificate In any other Food
Service Operation In which he or she subsequently IS employed A Food
ServIce Operation which loses Its Certified Food Handler must obtain
another CertIfied Food Handler WIthin thIrty (30) days
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List of Certified Food Handlers The Department shall
maintain a current list of all Certified Food Handlers within the County of Los
Angeles
J Expiration The Food Handler's Training Certificate shall be
valid for four (4) years from the date of Issuance Upon the expiration of the
Food Handler's Training Certificate, all persons must reapply for a new
certificate according to the procedure set forth In Section 5 05 090C
K Duplicate Food Handler's Training Certificate. The DIrector,
upon a shOWing of good cause, may Issue duplicate Food Handler's Training
Certificates upon payment of a duplicate certificate fee
L Revocation of Food Handler's Training Certificate.
1 The Director may Immediately revoke any Food
Handler's Trammg Certificate when any of the follOWing IS found to eXist
wlthm a Food ServIce Operation which IS operated by or under the
supervision of a Certified Food Handler
(a) EVidence mdlcatlng repeated or continUIng
violations of reqUired procedures and practices In the preparation, service,
storage, distribution or sale of food or beverage offered for public
consumption
(b) Any condition detnmental to the public health,
which shall Include but not be limited to any condition that can cause food
Infection, food IntOXication, disease transmiSSion or any hazardous condition
mcludlng but not limited to unsafe food temperature
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(c) EVidence indicating falsification of information
required by the Department for Issuance of the Food Handler's Training
Certificate
2 The Director shall Issue a notice to the Certified Food
Handler settmg forth the acts or omissions with which he or she IS charged
and Informmg him or her of the nght to a heanng, If requested, to show cause
why the certificate should be reinstated
M Right to Appeal Following Revocation.
1 Any Certified Food Handler whose certificate has been
revoked may make a wntten request for hearmg within fifteen (15) calendar
days after receipt of the notice specified In Section 5 05.090L2 to show
cause why the certificate should be remstated A failure to request a hearing
Within fifteen (15) calendar days after receipt of the notice shall be deemed
a waiver of the nght to a hearing When circumstances warrant, the Director
may order a heanng at any reasonable time wlthm thiS fifteen (15) day penod
to expedite the certification revocation process
2 The heanng shall be held Within fifteen (15) calendar
days of the receipt of the request for a heanng Upon written request of the
Certified Food Handler, the Director may postpone any hearing date, If
circumstances warrant such action
3 An EnVironmental Health Services Manager for the
Department shall preside over any hearing requested under thiS Section
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N Notice of Decision. The Director shall Issue a written notice
of decIsion to the Certified Food Handler within five (5) working days of the
hearing The notice of decIsion shall specify the acts or omiSSions with
which the Certified Food Handler IS charged and shall specify either that the
certIficate remains revoked or that It has been reinstated
Section 5.05.090. Penalties for Violation. In addition to any other
penalties specified In this Chapter, a violation of thIs Chapter IS pUnishable
by a fine of not more than Five Hundred Dollars ($500 00) or by
Imprisonment In the County Jail for not more than SIX (6) months, or both
Each day dUring any portion of which any Violation of any provIsion of thiS
Chapter IS committed, continued or permitted makes such Violation a
separate offense
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, IS hereby repealed or modIfied to that extent necessary to
effect 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 unconstitutional by a deCISion of any court
of 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
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Ordinance and each and every sectlon, 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
SECTION 4 The Mayor shall sign and the City Clerk shall attest to the passage of
this Ord1Oance The City Clerk shall cause the same to be published once 10 the official
newspaper Within 15 days after Its adoption This Ordinance shall become effective 30
days from Its adoption
APPROVED AS TO FORM
Ill1L<~kf4-U
MARSHA JONeS MOUTRIE
City Attorney
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Robert Holbrook. Mayor
State of Cahforma )
County of Los Angeles) S5
CIty of Santa MOnIca )
1. Mana M Stewart. CIty Clerk of the CIty of Santa MOllIca, do hereby certIfy that the foregomg
Ordmance No 1912 (CCS) was mtroduced on May 12. 1998 and adopted on Mav 19. 1998 by
the follovvmg vote
Ayes
CouncIl members
Genser, Femstem, Holbrook, Rosenstem
l\oes
CouncIl members
None
Abstam
CouncIl members
None
Absent
CouncIl members
Ebner, Greenberg, O'Connor
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ATTEST
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Mana M Stewart. CIty Clerk