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City Council Meeting 5-12-98
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(2~a.J.;. 5"'r'f-98-fE) MAY J 2.
\. I. ~ Santa MOnica, California
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TO Mayor and City Council
FROM City Attorney
SUBJECT Ordinance Regulating Public Eating Places
Introduction
At Its meeting on March 3,1998, the City Council considered a proposed ordinance which
would add to the Santa Monica Municipal Code the recently adopted Los Angeles County
Code proVIsions establishing a grading system for publiC eating places In response to
restaurant owners' concerns, the Council dIrected staff to obtaIn more Information,
Including Information from Los Angeles County about how the grading system IS enforced
ThiS Staff Report prOVides the Council With the requested InformatIon
DISCUSSion
One concern raised at the Council meeting was whether letter grades and percentage
scores are assigned In a systematic] predictable and fair manner To address thiS
concern, we asked County staff how Inspectors derrve grades and scores We learned
that the Los Angeles County Department of Health has an Inspection Report which
contains a list of approximately 38 pOSSible categones of Violations Each category on
the report has a pOint deduction value The Inspector checks off any Violations found
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dUring an Inspection on the Report The assigned pOints for each violation are then
totaled and deducted from a perfect score of 100 The scoring method IS as follows less
than 70 pOints results In no grade, 70-79 pOInts results In a C grade, 80-89 results In a B
grade, and 90-100 results In an A grade So, the grading system IS systematic In that once
an Inspector determines that a particular Violation eXIsts, the consequent pOint deduction
is nondlscnmlnatory
Another concern raised was when can a grade can be changed once It IS gIven County
staff adVised that Inspectors reinspect a restaurant any time between two weeks and one
month after the InspectJOn resulting In the grading took place However, thiS relnspectlon
Will not result In a grade change The grade would only be changed dUring the next
routine Inspection, which IS every trimester In Los Angeles County
The City of Los Angeles has requested that the County modify Its ordinance The
requested modification Included a prOVIsion that restaurants may ask for a relnSpectlon,
at the restaurant's expense, after correcting the Violations and thereby have theIr letter
grade upgraded The County has not acted upon thiS request
A third concern expressed at the hearing was consistency County staff adVises that the
County ensures consIstency In inspections In four ways First, the subject matter being
graded, for example food temperature, IS factual and the pOint deduction IS standardized
Therefore, the deduction of pOints for a Violation of the food temperature reqUIrements
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would not be arbitrary Second, standardization checks are performed by supervisors who
make inspections throughout the year ThIrd, the County audits reports FInally, the
County conducts in-service traIning of Inspectors which covers all aspects of the Health
Code requirements
At the heanng on March 3. 1998, speakers suggested that the City either modify the
County's ordinance or deVise Its own grading system Council members asked whether the
County would enforce eIther a modified verSIon of Its ordinance or a unique City ordinance
Vanous County staff members adVised us, Informally, that they Will not They Will only
enforce the County ordinance
The CounCil also asked staff to Invite a County representatIve to the CounCil meeting to
answer questions Staff has inVited Terence Powell, and he has indicated that he Will
attend
BudgeUFlnanclal Impact
The proposed ordinance has no fmanclal or budgetary Impact
Recommendation
Staff recommends that the CounCil again conSider adopting the County's restaurant
grading system
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PREPARED BY
Marsha Jones Moutne, City Attorney
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f:\atty\munNaws\mjm\food.ord
City Council Meeting 2-24-98
Santa Monica, California
ORDINANCE NUMBER
(City Council Series)
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 5.05 is hereby added to the Santa Monica Municipal Code
to read as follows:
CHAPTER 5.05 - REGULATION OF PUBLIC EATING PLACES
Section 5.05.010. Food Official Inspection Report. "Food Official
Inspection Report" means the written notice prepared and issued by the
Health Officer after conducting an inspection of a food facility to detennine
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. uGradlng" means the letter grade issued by the Health Officer
at the conclusion of the routine inspection 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 apphcable 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 routine
inspection that Indicates the letter grade of the establishment as determined
by the Health Officer uSing the scoring method set forth In this Section. For
the purposes of thiS provision, a public eating place shall Include 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 Nothing 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
discretion, "Shall determine whether to post the Letter Grade Card, the
Inspection Score Card. or both
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c. The Health Officer, in his or her discretion, may immediately
close any public eating place which, upon completion of the routine
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 determined by the Health Officer
2 A grade of "B" 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 numencal percentage score for the
establishment as determined by the Health Officer and as set forth in the
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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
valid until the Health Officer completes the next routine Inspection 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
shall 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 th~t may be posted by the Health Officer at a public eating
place upon suspension or revocation of the establishment's public health
pannlt 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
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statutes, orders, ordinances, quarantines, rules, regulations, or directIves
relating to the public health.
Section 5.05.050. Routine Inspection. "Routine Inspection" means
a periodic, unannounced inspedion of any bUSiness or occupation specified
in Municipal Code Section 5.05.020 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 inspedion conducted by the Health Officer to
determIne compliance With a previously Issued Food Official Inspedion
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 entering 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
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2. Posted I" a display case mounted on the outside front
wall of the establishment within five (5) feet of the front door; or
3. Posted in a location as dIrected and determined in the
dlsaebon Of the Health Officer to ensure proper notice to the general public
and to patrons.
B. In the event that a public eating place is operated in 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 pennrtted buSiness, or In the event of both, the Health
Officer shall post the Letter Grade Card, the Inspection Score Card, or both,
in the initial patron contact area, or in a location as detenmned 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 determined 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 Violation of this Chapter and may result In the
suspension or revocation of the public health permit.
D. Every public eating place shall post a legibly lettered sign
whIch displays the following Information so as to be clearly VISible to the
general public and to patrons entenng the establishment
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UAny public health concerns regarding this establishment
should be directed to the County of Los Angeles,
Environmental Health office located at" {local office address
and teleohone number to be Drovided bv the Health Officerl."
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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 Official 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 Pennit Suspension or Revocation
- Notice of Closure.
A Upon Issuance of a wntten noUce 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 of the written notice of suspension or
revocation of the public health permit by the Health Officer, the public eating
place shall Immediately close to the general public and to patrons and shall
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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.
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 public eating place's public health permit.
Section 5.05.080. Food Handle"'. Training Certification.
A Definitions.
1. "Certlfied 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 I"
Section 5.05.0900. At the discretion of the Director, and upon a shOWing 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.
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3. "Director-' means the Dlfector of the Department of
Health Services or his or her duly authorized designee.
4. "Food Handlers 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
written 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 limited to all restaurants.
markets, bakeries, mobile food preparation units, commissaries. and fooct
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
B. 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 have at least one Certified Food Handler on the he premises at aU
times dUring operating hours.
2 Failure to have a Certified Food Service Handler on site
at aU tunes dunng the operating hours of the Food Service Operation and as
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specified in this Chapter within 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 Handle"s Training
Certificate.
1. Every person desiring certification as a Certified Food
Handler shall file With the Department an application for certification,
a~mpanled 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 handlets 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 seventy4ive percent (75%) or higher on Its examinations
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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 minimum of four (4) hours in duration. The course of instruction
shall include, but not be limited to, the follOWIng subject matter.
microorganisms, sources of food borne illness microorganisms, food borne
illness, the means by which food is contaminated by mlcroorgamsms and
toxic substance, the methods for protection of food to prevent food bome
illnesses, personal hygiene for food handlers, proper utensils and equipment
washing and sanitizing, and proper receivlng 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 during operatIng hours.
F. Exemptions. Food Service Operations which deal exclusively
In nonpotentially 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 Handler's Training Certificate. The Food
Handlers Training Certificate shall be posted In a conspicuous place withIn
the Food Service Operation, or In a location designated and approved by the
Director
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H. Change of C...lified 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.
I. 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 tow" (4) years from the date of Issuance. Upon the expiration of the
Food Handlers Training Certificate, all persons must reapply for a new
certificate according to the procedure set forth In Section 5.05 OgoC.
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
Handlers Training Certificate when any of the follOWing is found to eXist
within a Food Service Operation which is operated by or under the
superviSion of a Certified Food Handler:
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(a) Evidence indicating 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 detrimental 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
Including but not limited to unsafe food temperature.
(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 setting forth the acts or omissions With which he or she is charged
and Informing 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 heanng within fifteen (15) calendar
days after receipt of the notice speCified In Sedlon 5.05.090L2 to show
cause why the certificate should be reinstated A failure to request a hearing
within frfteen (15) calendar days after receipt of the notice shall be deemed
a waiver of the nght to a heanng. When Circumstances warrant, the Director
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may order -a hearing at any reasonable time within this fifteen (15) day
period to expedite the certification revocation process
2. The hearing shall be held Within fifteen (15) calendar
days of the receipt of the request for a hearing. Upon wntten 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
N Notice of Decision. The Director shall issue a wntten notice
of deciSion to the Certified Food Handler Within five (5) working days of the
heanng. 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.
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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 Ordinance and each and every section. subsection, sentence, clause, or phrase not
dedared 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 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 30
days from its adoption
APPROVED AS TO FORM:
~UJj1JiM ALtKA<-t
MARSHA a.tiNES MOUTRIE
City Attorney
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