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SR-8B (37) f \atty\munl\strpts\mJm\foodord2 sr City Council Meeting 5-12-98 (~~~ tJ t<D.~ (t1 ( -z..,. (2~a.J.;. 5"'r'f-98-fE) MAY J 2. \. I. ~ Santa MOnica, California <3-B 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 1 <6-8 HAV 12. 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 2 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 3 PREPARED BY Marsha Jones Moutne, City Attorney 4 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. 1 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 2 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 3 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 4 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 5 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 6 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." - - 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 7 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. 8 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 9 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 10 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 11 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: 12 (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 13 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. 14 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 15