SR-8A (51)
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CIty Council Meeting 2-24-98
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Santa MOnica, California
MAR 0 3 9J8
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TO Mayor and CIty CouncIl
FROM City Staff
SUBJECT Ordinance Adding Chapter 5 05 to the Santa MOnica MUnicipal Code to
Regulate Public Eating Places
Introduction
At Its meeting on February 17, 1998, the City CounCil directed City Staff to prepare an
ordinance whIch would make Los Angeles County's new restaurant grading ordinance
applicable to restaurants and other publiC eating places In Santa MOnica In response to
this direction, the accompanYing ordInance has been prepared and IS presented to the City
CounCil for Its conSideration
DIScUSSion
The proposed ordmance IS Virtually Identical to Los Angeles County's new ordinance It
adds Chapter 5 05 to the Santa MOnica MUnicIpal Code and would do the follOWIng
(1) Establish a letter grade and InspectlOn score system for all public eating places and
reqUIre the posting of same on the premises A Letter Grade Card or InspectIon Score
Card would be Issued by the Los Angeles County Health Officer Both cards would remain
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MAR 0 3 1198
valid until the Health OffIcer completed the next routine Inspection of a public eatIng place
The Health Officer would be authonzed, at hiS or her dIscretion, to ImmedIately close any
public eating place which does not achieve a "C" grade or better, which IS defined as a
final score of at least 70% In the Food Official Inspection Report The Letter Grade Card
or Inspection Score Card, or both, would be required to be posted on the premises In a
location clearly vIsible to the general pUblic and to patrons Removmg. defacing,
camouflagmg, or hldmg either of these Cards would be a Violation of this Chapter
(2) ReqUire all public eating places to keep caples of the Health Officer's Inspection
reports for review by the general public
(3) ReqUire every public eating place to post a legible sign which displays the address
and telephone number of the local EnVironmental Health Office
(4) ReqUire the Health Officer to post a Notice of Closure at all public eating places for
which a public health permit has been suspended or revoked The public eating place
would be required to close Immediately and to remain closed until the public health permit
IS reissued or reInstated by order of the Health Officer Removal of the Notice of Closure
by anyone other than the Health Officer would be a Violation of this Chapter
(5) Establish a food handler's training certification program and require all public eating
places, Within one year of the effectIve date of Chapter 5.05, to have one CertifIed Food
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Handler on the premises at all times Food Handler Certificates would be valid for four
years from the date of Issuance and may be revoked If the Food Handler repeatedly
violates safe food practices, the premises eXists In a condition detrimental to public health,
or the Food Handler submitted false Information to receive hiS or her certificate An
appeals process would be established by the proposed ordinance to deal With Food
Handler Certificate revocations
(6) Make Violations of Chapter 5 05 pUnishable by a fine of not more than $500 or
Imprisonment In the County Jail for up to 6 months, or both
BudaetlFlnanclallmoact
There are no budget or financial Impacts associated With the proposed ordinance
Recommendation
It IS respectfully recommended that the accompanYing ordinance be Introduced for fIrst
reading
PREPARED BY
Marsha Jones Moutne, CIty Attorney
Claudia Thompson, Legal Admm Staff Asst
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f \atty\munI\laws\mjm\food ord
City Council Meeting 2-24-98
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 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 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 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 sconng 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 routine
inspection that IndIcates the letter grade of the establishment as determined
by the Health Officer uSing the sconng 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, m his or her discretion, may Immediately
close any public eating place WhiCh, upon completIon of the routine
inSpection, does not achieve a "C" grade or better as defined herem
Nothmg In this Chapter shall prohibIt the Health Officer from Immediately
closmg any public eatmg 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 "A" shall mdlcate a final score of mnety
percent (90%) or higher as determined by the Health Officer
2 A grade of "8" shallmdlcate 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 numerrcal percentage score of less than seventy
percent (70%) as set forth In Section 505020 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 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
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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 penodlc, unannounced Inspect~on 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 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
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2 Posted In 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
discretion 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 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 Initial 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 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 Informatlon so as to be clearly vIsible to the
general public and to patrons entenng the establishment
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"Any 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 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 OfficIal InspectIon Report and all subsequent reports untl! 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 wntten notice of suspensIon or revocatIon
of a public health permit by the Health Officer, the Health Offlcer 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 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 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 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
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 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
B Application and Effect
1 WIthin one (1) year of the effective date of thiS
OrdInance, each Food Service Operation as defrned In SectIon 5 05 090AS
shall have at least one Certified Food Handler on the he premises at all
times dunng operating hours
2 Failure to have a CertifIed Food Service Handler on site
at all times dUring 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 Handler's Training
Certificate.
1 Every person desIring certification as a CertIfied Food
Handler shall file With the Department an application for certifIcation,
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 altematlve 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
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The payment of any examination fee shall be In addition to the applicatIon
fee set forth In this Section
o Food Handler's Training Course. Any food handler's training
course taken by a person deslnng 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 contammated by microorganIsms and
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 Handler's Training Certificate. The Food
Handler's Training CertIfIcate shaH 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 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 Certlfled Food Handler within thirty (30) days
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
vahd 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 duphcate certificate fee
L Revocation of Food Handler's Training Certificate.
1 The Director may Immediately revoke any Food
Handler's 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 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
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 mformmg 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 Section 5 05 090L2 to show
cause why the certificate should be reinstated 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 heanng When circumstances warrant, the Director
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may order a heanng at any reasonable time within 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 wntten request of the
Certified Food Handler, the Director may postpone any heanng date, If
circumstances warrant such action
3 An Environmental Health Services Manager for the
Department shall preside over any heanng requested under thiS Section
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
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 remams 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 ($50000) or by
Imprisonment In the County Jail for not more than SIX (6) months, or both
Each day dunng 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
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 Ordinance The City Clerk shall cause the same to be published once In the offiCial
newspaper within 15 days after Its adoption ThiS OrdInance shaH become effective 30
days from Its adoption
APPROVED AS TO FORM
a~LL.4~~ ALat~
MARSHA ~f>NES MOUTRIE
City Attorney
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