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Ordinance - 2022• ORDINANCE NO. 2022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WEST COVINA ADOPTING BY. REFERENCE LOS ANGEtES COUNTY ORDINANCE 97-0071 RELATING TO THE OPERATION OF FOOD 29TABLISBMXTS THE .CITY .COUNCIL OF THE CITY OF WEST COVINA DOES ORDAIN] AS FOLLOWS Chapter 15, Article XI hereby is added to the West Covina Code to read as follows.: SECTION 1. Findings: . The City Council finds that the City has :adopted by reference the provisions of Los Angeles County Public Health Code as of November 1, 1975. Ordinance No. 97-0071 speCifically addressing food establishments operations. SECTION 2. Sections 13 -19 and 13 -20 • are added to the West Covina Municipal Code to read as follows. SECTION 1L.19. AdoAtion by Reference. As an amendment and addition to the health code, Ordinance No. 97-0071 of the County of Los Angeles, as of February 1, 1998, is adopted by reference. One copy of the ordinance is on file in the office of the city clerk. This section and section 13-20 shall be administered by the County of Los Angeles. SPCTIO 13-20. Owner -Initiated Routine Ingpection. (a) "Owner initiated Inspection" means an inspection of a food facility that is conducted no more than once in any twelve month period by the county health officer_ at the. request of a food facility's owner to provide the food facility the opportunity to improve the letter grade or nijmerical score issued by the county health officer pursuant to the provisions of this chapter. (b) Once in any twelve month period, upon receipt of an inspection report and grade/score card from a County - initiated, routine inspection, the owner of a food facility may request an owner -initiated routine inspection. The request may be oral and shall be made to the County of Los Angeles, Department of Health Services, Public Programs and Services Environmental health by the close of the next business day following the receipt of the grade/score, from the County -initiated, routine inspection or by the. close. of the next business day following re -opening, if the facility was closed based on the County -initiated, routine inspection. (c) The owner -initiated inspection will be unannounced and Will be conducted within ten (10) calendar days of the request. (d) The owner will be charged a fee for this inspection. including, but not limited to, the cost of one re - inspection and a follow-up County -required routine. inspection. Such fee shall be set by the City Council or the County. (e) A new grade card may be issued after the owner -initiated routine inspection. (f) Another follow-up, unannounced County -required, routine_, inspection will occur within sixty the owner -initiated routine inspction. And ubsequeo` grade/score will be issued after this inspection. At • • SECTION 3. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published in accordance with state law. SECTION 4. This ordinance shall be effective thirty (30) days from the date of its adoption. PASSED AND APPROVED on this 6th daf of October 1998. ATTEST: City.Clerk APPROVED AS TO FORM: Cit Attorney ' I, Janet Berry _F City Clerk, West Covina, California, hereby CERTIFY that Ordinance No, 2020 was .regularly introduced and placed upon its first reading at a regular meeting of the West Covina City Council held Sept. 15. 1998 at thereafter said Ordinance was duly adopted at a regular -meeting hof. the City Council held _ October 6 1998 and passed by the following vote: AYES: Herfert, Howard, Touhey, Melendez NOBS: None ABSENT: Wong .ABSTAIN: None City Clerk i ORDINANC$ NO• 97-0071—• An ordinance. amending the Los Angeles County Code, Title 8 - Consumer protection and Title 11 - Health and Safety, relating to food establishments. The Board of Supervisors of the County of Los Angeles ordains .as follows: SECTION 1. •Section 8.04.165 is added to read as follows: Section 8.04.165 Food Official Inspection Report. "Food Official Inspection Report" means the written notice prepared and issued by the county 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. SECTION 2. Section 8.04.225 is added to read as follows: Section 8.04.225 Grading a Letter Grade Card.. A. "Grading" means the letter grade issued by the county health officer at the conclusion of the routine inspection of a food establishment. 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 food establishment'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 county health officer at.a food establishment upon completion of a routine inspection that indicates the letter grade of the establishment as determined by the county health officer using the scoring method set forth in this section. For the purposes of this provision, a food establishment shall include a food establishment operating in conjunction with.a.food processing establishment. Nothing in this chapter shall prohibit the county health officer from creating and using a Letter Grade Card in. combination with an Inspection score Card. The county health officer, in.his discretion, shall determine whether to post the Letter Grade Card, the Inspection Score Card, or both. C. The county health officer, in his discretion, may immediately close. any food establishment which, upon completion of the routine inspection, does not achieve a "C" grade as defined herein. Nothing in this provision shall prohibit the county health officer from immediately closing any food establishment if, in his 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 -.n the Food Official Inspection Report, as follows: 1. A grade of "A" shall indicate a final score of ninety percent (90%) or higher as determined by the county health officer; 2. A grade of "B" shall indicate a final score less than ninety percent (90%) but not less than eighty percent (80%) as determined by the county health officer; 3..' A grade of "C" shall indicate a final score less than -eighty percent .(80%) but not less than seventy percent (70%) as determined by the county health officer. SECTION 3., Section 8.04.275 is added to read as follows: Section 8.04.275 Inspection Score Card. A. "Inspection Score. Card" means a card that may be posted. by the county health officer at a food establishment, upon completion of a routine inspection, that indicates the total numerical percentage score for the establishment as determined by the county health officer and as set forth in the Food Official Inspection Report. For the purposes of this provision, a food establishment shall include a food establishment operating it conjunction with a food processing establishment. Nothing in this chapter shall prohibit.the county health officer from creating and using an Inspection Score *Card in combination with a Letter Grade Card. The county health officer, in his discretion, shall determine whether to post the Inspection Score Card, the Letter Grade Card, or both.' B. The county health officer,.in his discretion, -may immediately close any food establishment which, upon completion of the routine inspection, achieves a total numerical percentage score less than seventy percent'(70%) as set forth in Section .8.04.225. Nothing inthis provision. shall prohibit the county health officer from immediately closing any* food establishment if, in his discretion, immediate closure is necessary to protect the public health. SECTION 4. Section 8.04.337 is added to read as follows: Section 8.04.337 Notice of Closure, "Notice of Closure" • i means a public notice that may be posted by the county health officer at a food establishment 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 food establishment, by order of the public health officer, because of.violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating.to the public health. SECTION S. Section 8.04.405 is added to read as follows: Section 8.04.405 Routine Inspection. "Routine Inspection" means a periodic, unannounced inspection of any business or occupation specified in.Section 8.04.720 to determine compliance with all applicable federal, state and local statutes, orders, ordinances,- quarantines,, rules, regulations, or directives relating to the public health. A Routine Inspection shall not mean an inspection conducted by the county 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 6. Section 8.04.752 is added to read as follows:. Section 8.04.752 Posting Requirements - Penalty for Non- Compliance- Documents Available for Public Review. A. Upon issuance by the county health officer, the health officer shall post at every food establishment the Letter Grade Card, the Inspection Score Card, or both, as determined by the county 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; 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 county health officer to ensure proper notice to the general public and to patrons. B. In the event that a food establishment is operated in the same building or space as a separately licensed or permitted business, or in the event that a food establishment shares a common patron entrance with such a separately licensed or permitted business, or in the event of both, the county 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 county health of ficer. C. The Letter Grade Card and the Inspec.tion'Score Card shall not be defaced, marred, camouflaged, hidden or removed. It shall be unlawful to operate a food establishment unless the Letter Grade Card, the Inspection Score Card, or both, as determined by the county 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 and shall be punishable as specified in Section 8.04.1930. D. Every food establishment shall post a legibly lettered sign which displays the following information 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,. Environmental Health office located at: (local office address and teleRhone number to be provided by the county 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 county health officer shall be maintained at the food establishment and shall be available to the general public -and to patrons for review upon request. The food establishment. shall keep the Food Official Inspection Report and all subsequent reports -until such time as the county health'officer completes the next routine inspection of the establishment, and issues a new Food Official Inspection Report. SECTION 7. Section 8.04.755 is added to read as follows: Section 8.04.755 Letter Grade Card & Inspection Score Card - Period of Validity... A Letter Grade Card, an Inspection Score Card, or both, shall remain valid until the county health i • officer completes the next. routine inspection. of the food establishment. SECTION 8. Section 8.04.943 is added to read as follows: Section 8.04.943 Public Health Permit Suspension or Revocation - Notice of Closure A. Upon issuance of.a written notice of suspension or revocation of the public health permit by the county health officer, -the health officer shall post a Notice of Closure at the food establishment 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 county health officer, the food establishment shall immediately close to the general public and to patrons and shall discontinue all operations until the public health permit has been reissued or reinstated by order of the county health officer or until the establishment no longer operates as a food establishment. C. The Notice of Closure shall remain posted until removed by the county health officer. Removal of the Notice of Closure by any person. other than the county health officer or the refusal of a food establishment to close upon issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food establishment's public health permit and shall be punishable as specified in Section 8.04.930. SECTION 9. Chapter li.il is added to read as follows: Chapter 11.11 FOOD HANDLER'S TRAINING CERTIFICATION section 11.11.010 Definitions. As used in this chapter: A. "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 11.11.190. 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 least eighteen (18) years of age. B. '"Department" means the County of Los Angeles, Department of Health Services. C. "Director". means the Director of the Department of Health Services or his duly authorized designee. D. "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. E. "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. i • • F. "Potentially Hazardous Food" shall.mean those foods set forth in California Health and Safety Code .section 113845 as it currently exits or hereafter may be amended. Section 11.11.020 Application & Effect. A. Within one (1) year of the effective date of this ordinance, each Food Service Operation as defined in Section 11.11.150 shall have at least one Certified Food Handler on the premises at all times during operating hours. B. Failure to have a Certified Food Service Handler on site at all times during the operating hours of the Food Service Operation and as specified in this section 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 pursuant to the applicable provisions of Chapter 8.04 of this Code and shall be punishable as set forth in Section 8.04.930. Section 11.11.030 Procedure for Obtaining a Food Handler's Training Certificate. A. 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: 1. Proof 'of successful completion of a food handler's training course approved by the Department; 2. 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; or 3. Any other food handler's training certificate which, in the discretion of the Director, is equivalent to either (1) . or (2) above . B. In the alternative to the procedure set 'forth in subdivision A, 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 exam ination.fee shall be in addition to the application fee set forth in this section. Section 11011.040 . 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 foodborne illness microorganisms, foodborne illness, the means by which food is contaminated by. microorganisms and toxic substance, the methods for protection of food to prevent foodborne'illnesses, personal hygiene for food handlers, proper utensils and equipment washing and sanitizing, and proper receiving and storage of food. Section 11.11.050 'Multiple Food Service operations. Persons who operate more than one Food Service Ope-ation shall be 0 • required to have a Certified Food Handler at..each operation at all times during operating hours. Section 11.11.060 Exemptions. Food Service Operations which -deal exclusively in non -potentially hazardous prepackaged foodand beverages or Food Service operations required by the Department to have only temporary operating permits shall be exempt from the provisions of this chapter. Section 11.11.070 Display of Food Handler's Training Certificate. The Food Handler's Training.Certificate shall be posted in a conspicuous place within the Food Service Operation, or in a location designated and approved by the Director. Section 11.11.080 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 days. Section 11.110090 List of Certified Food Handlers. The Department shall maintain a current list of all Certified Food Handlers within the County of Los Angeles. Section 11.11.100 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 re -apply for a new certificate according to'the procedure set forth in Section 11.11.030. .Section 11.11.110 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. Section 11.11.120 Revocation of Food Handler's Training Certificate. A. 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: 1. 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; 2. 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; or 3. Evidence indicating falsification of information required by the Department.for.issuance of the Food Handler's Training Certificate. B. 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 right to a hearing, if requested, to show cause why the certificate should be reinstated. _ • Section 11.11.130 Right to Appeal Following Revocation. A. Any Certified Food Handler whose certificate has been revoked may make a written request for hearing within fifteen .(15) calendar days after receipt of the notice specified in Section 11.11.230 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 right to a hearing. when circumstances warrant, the Director may order a'hearing at any.reasonable time within this fifteen (15) day period to expedite the certification revocation process. B. The hearing shall be held within fifteen (15) calendar days of the receipt of the request for a hearing. Upon written request of the Certified Food Handler, the Director may postpone any hearing date, if circumstances warrant such action. C. An Environmental Health. Services Manager for the Department shall preside over any hearing requested under this • section. Section 11:11.140 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 11.11.150 Violation. Notwithstanding any other provision of this, chapter, violation of this chapter is -punishable by a fine.of not more than'$500.00 or by imprisonment in the County jail for not more than six 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 11.11.160 Severability. If any provision of this chapter or the application thereof to any pe=son or circumstance is held invalid, the remainder of the chapter and the application of such provision to other persons or circumstances shall not be affected thereby. [8041658r.coc] Section 14 This ordinance shall be published in Metroo Atan News Enter rise • a newspaper printed and Published in the County of Angeles.- too ATTEST: v Zecutive Officer - Cie f theBoard of' Supervisors of the County ofAngeles reb ce . that at its meeting of December 16 1997 the foregoing I hereby • nce was adopted by the Board of Supervisors of said County of Los Angeles by e ordinance Mowing vote, do wit . Supervisors dloria_ Molina Zev Yaroslaysky Don Knabe Mike Antonovich Yvonne Brathwaite Burke Effective Date: January 16 . 1998 -------------- Z hereby ©ertify.that pursuant to Section 25103 of the Gover m at Code, delivery of this document has been made. JOANNE STURGES Executive Officer Clerk of.the Board of Supervisors By DEPUTY l•6 (Rev 6/97) Supervisors None - ecutive Officer - Cie of the Board of Supervisors of the County of Los Angeles APPROVED AS TO FORM: o!Raymon Co sel 'By. . . Fortner, Jr. Chief Deputy County Counsel EXHIBIT II • • • i MINUTES OF THE BOARD OF SUPERVISORS COUNTY OF LOS ANGELES, STATE OF CALIFORNIA Joanne Sturges, Executive Officer Clerk of the Board of Supervisors 383 Kenneth Hahn Hall of Administration Los Angeles, California 90012 Director of Health Services At its meeting held July 7, 1998, the Board took the following action: 59 At the time and place regularly set, notice having been duly given, the following item was called up: Hearing on proposed increase to various food facility reinspection fees; establishment of a fee of $161.00 for an owner -initiated inspection of a food establishment; and establishment of a functional hourly cost rate of $45.00 to recover costs for services for which a health service fee has not been established for inspection services, as further described in the attached letter dated May 29, 1998-from the Director of Health Services. On motion of Supervisor Knabe, seconded by Supervisor Yaroslaysky, duly carried by the following vote: Ayes: Supervisors Yaroslaysky, Knabe, Antonovich and Burke; Noes: None (Supervisor Molina being absent), the hearing was closed and the Board approved the proposed fees and adopted the attached Ordinance No. 98-0037 entitled, "An ordinance amending Title 8 - Consumer Protection and Title 11 - Health and Safety of the Los Angeles County Code relating to public health licenses, permits and fees." This ordinance shall take effect August 7, 1998. MAYO?" Attachments Copies distributed: ' Each Supervisor Chief Administrative Officer County Counsel