HomeMy WebLinkAboutOrdinances_2609_CCv0001.pdf ORDINANCE NO. 2609
AN ORDINANCE OF THE CITY OF REDLANDS ADDING CHAPTER 8.26 TO THE
REDLANDSMUNICIPAL CODE, AND ADOPTING BY REFERENCE; SAN
BERNARDINO COUNTY ORDINANCE NO, 3930, ADDING CHAPTER 14 TO
DIVISION 3 OF TITLE 3, AND ADDING SUBSECTION 16. 213B(b)t1 T
CHAPTER 2' OF DIVISION 6 OF TITLE 1, ALL OF THE SAN BE NARDINC
COUNTY CODE, RELATING TO INSPECTION GRADING OF FOOD
ESTABLISHMENTS
WHEREAS; on ,Tune 22 2004, the San Bernardino County ward of Supervisors
enacted Ordinance No. 3930 to adopt certain_amendments to the San.'Bernardino County
Code to establish a program relating to the Inspection Grading of Food Establishments(the
"Program"), and
WHEREAS, the Program because operative in the unincorporated areas of the
County of San Bernardino on October 1, 2004,, but for the San Bernardino County
Department of Public Health to Fully enforce the Program in the City, it is necessary to
adopt by reference Ordinance No, 3930; and
WHEREAS, inspections of food establishments are a, means of protectingpublic
health, and the display of the Inspection Grading Summary Report provides consumers
with important information regarding health and sanitary conditions in food
establishments; and
WHEREAS, to promote the health, safety, and welfare of residents, consumers and
visitors to the City, the City Council of the City of Redlands ("this City Council") desires
to have the Program become operative within the corporate boundaries of the City; and
WHEREAS, California Government Crede Sections 50022.2 and 50022.9 authorize
local agencies to enact ordinances that adopt any County Code, ordinance or part thereof
by reference; and
WHEREAS, this City Council finds that it can be seen with certainty that there i
no possibility that the adoption and implementation of this ordinance will have a
significant effect on the environment as defined by the California Environmental Quality
Act("CEt A") and the City's Guidelines for Implementation of CEQA
THE CITY COUNCIL OF THE CITY OF REDLANDS S DOES ORDAIN AS FOLLOWS:
Section I, Chapter 8,26 entitled "Inspection Grading of Food Establishments"" i
hereby added to the Redlands Municipal Code to read as follows;
djrrr''ord,2009 sestaurantsradm ord I
"Chapter 8.26
INSPECTION GRADING OF FOOD ESTABLISHMENTS
Sections:
8.26.01`0 Purpose, Intent and Scope
8.2&020 Adoption of the San Bernardino County Code
8,2&030 Enforcement Agency Designated
8.26.040 Schedule and Collection of Fees
8.2&050 Violations - Penalty
826.010 Purnose, Intent and Scope. The purpose and intent of this Chapter is to
protect the health, safety and welfare of the public by providing consumers with important
information regarding health and sanitary conditions in food establishments. The
provisions of this Chapter for the Inspection Grading of Food Establishments shall apply at
all times, or at those times herein specified, anywhere within the City that any food and/or
beverage products are sold or served.
8.26.020 Adoption of the San Bernardino County Code.
A. The City adopts by reference, and makes a part of this Chapter, by
reference, San Bernardino County Ordinance No. 3930 entitled:
"An Ordinance of the County of San Bernardino, State of California, Adding
Chapter 14 to Division 3 of Title 3 and Adding Subsection 16.0213B(b)(I 7) to
Chapter 2 of Division 6 of Title 1, All of the San Bernardino County Code,
Relating to Inspection Grading of Food Establishments."
B. The aforementioned sections of the San Bernardino County Code, adopted
by San Bernardino County Ordinance No. 3930, are adopted as the Inspection Grading of
Food Establishments Program of the City(the"Program").
8.2&030 Enforcement Agency Designated. The County of San Bernardino
Department of Environmental Health Services is designated as the enforcement agency for
the City and is authorized to provide the qualified persommel necessary to enforce the
provisions of this Chapter.
8.26-040 Schedule and Collection of Fees, The schedule of fees contained within
San Bernardino County Ordinance No. 3930, adopted herein by reference, is hereby
adopted as the fees in effect in the City, and shall be applicable within the City to provide
for the costs of administration and enforcement of this Chapter. The City Council of
Redlands finds and determines that the fees adopted herein are reasonably related to the
actual cost of administration and enforcement of the Program. The San Bernardino County
Department of Environmental Health Services shall administer and collect these fees for
deposit with the County Treasurer to offset the costs incurred by the County in
administering and enforcing this Program for and within the City,
djm`04,1609 restaurant grading ord 2
8.26.1150 Violations 4 Penalty;
A. In accordance with Section 33.1406(c) of the San Bernardino Counter Cole;
adopted by reference herein and applicable to this Chapter, the letter grade card posted in
accordance with the Program shall not be defaced, marred, camouflaged, hidden or
removed. It shall be unlawful to operate a food establishment unless the letter grade is
pasted. removal of the letter grade card 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 33.0112 of the San Bernardino County Code, which is adopted by reference
herein and applicable to this Chapter.
B. In addition, any violation of this Section may be punishable in accordance
with Chapter 1.20 of this Cade."
Section 2. San Bernardino County Code Availability. In accordance with Government
Code Section 50022.6, at least one 1) copy of the San Bernardino County Code provisions
adopted by this ordinance shall be filed in the office of the Redlands City Clerk at least
fifteen (15) days preceding; the City's public hearing concerning the adoption of this
ordinance, and it shall be kept there for public inspection while the ordinance is enforced.
The portions of the San Bernardino County Cade that are adapted by reference in this
ordinance are attachedhereto as Exhibit 'W"
Section 3. Severability. This City Council hereby declares that it would have adopted
this ordinance and each section, subsection, sentence, clause, phrase or portion hereof",
irrespective of the fact that any one or more sections, subsections, clauses, phrases or
portions hereof be declared invalid or unconstitutional. If:for any reason any portion of
this ordinance shall be declared invalid or unconstitutional, then all ether provisions hereof
shall remain valid and enforceable.
Section 4.. Notice of Adoption. The Mayor shall sign this ordinance and the City Clerk
shall certify to the adoption of this ordinance and cause it to be published once in the
Redlands wily Facts, a newspaper of general circulation printed and published in the City;
and thereafter, this ordinance shall tape effect in accordance with law.
41ar, Susan PePpl
ATTEST:
t
City erk,-Lorr 'cr
._
djin',or&�609restaurant grading uri
I, Lorrie Poyzer, City Clerk, City of Redlands, hereby certify that the foregoing ordinance
was duly adopted by the City Council at a regular meeting thereof held on the 7th day of
June, 2005, by the following vote:
AYES: Councilmembers Gil, Gilbreath, George, Harrison; Mayor Peppler
NOES: None
ABSENT: None
ABSTAINED: None
City Clerk, Lorrie
dj rn,orrik,260 restaurant grading ord 4
t
lospection Summary Ititpor t
8,
9 yo Zo 0OU&~Mas
=0 Nil
10 w
11
aw
1
A rnr=ftM ratite a%=ri n AT a 01;0
13
14
16
17
1 FIG'
19
20 c) Any food establishment that fails to attain at least a 'B" grade, as
21 defined herein, shall be issued written notice, through an CTR, by the health official.
22 The food establishment must correct the deficiencies listed in the OIR and must file a
23 written request for a°re-score inspection with the health official within 30 days of the
24 OIR. A re-score inspection shalt be conducted by the health official and be subject to
25
a re-score inspection fee as provided in the Cade, Schedule of Fees. The health
26 official will complete the re-score inspection within ten (10) County business days of
27 food establishment's filing of a written request for a re-score inspection. A food
28 establishment failing to comply with the OIR, or failing to attain at least a " " grade on
#242326 SMR
the re-scare inspection, may be immediately closed by the health official and remain
2
closed until at least a "B" grade is achieved on a re-score inspection.: Nothing in this
3 prevision shall' prohibit the health official from immediately closing any food
4
establishment if, at his discretion, immediate closure is necessary to protect the public
5 health.
6 d) The letter grade shall be based upon the final numerical percentage
7 score set forth in the OIR as follows:
8
(1) A grade of W shall indicate a final scare of ninety percent 0%)
9 or higher, as determined by the health official,
10
(2) . A grade of "B' shall indicated a final scare of eighty-nine percent
11 89% but not less than eighty percent (80%), as determined by the health official;
12
3 A grade of "0* shall indicate a final score of seventy-nine percent
13 79a* but not less than seventy percent (70%), as determined by the health official.
14
is 33.1404 Notice of Closure.
11a
Notice of Closure" means a public notice that shall be posted by the health
17 official at a food establishment upon suspension or revocation of the food
18establishment's; public health permit- and that results in the--closure of the food
1
establishment and the discontinuance of all operations of the food establishment, by
20
order of the health official, because of violations of applicable federal, state, and local'
21
laws and regulations relating to the protection of public health. The Notice of Closure
22 shall remain posted until removed by the health official. Removal of the Notice of
8
Closure by any person other than the health official or the refusal of a food
24 establishment to close upon issuance of the written notice of suspension of the public
25
health permit is a violation of this Chapter and may result in the revocation of the food
26 establishments public health permit and shall be punishablg as specified in section
27 3.0112 of this Code.
28
tosssMt
W14/2004 6
1
3.1405 Routine Inspection.
"Routine Inspection" means an unannounced inspection of any food
3 establishment to determine compliance with all applicable federal, state, and local
laws and regulations relating to the protection of public health. A Routine Inspection
5 shall not mean an inspection conducted by the health official to determine compliance
with a previously issued OIR or any interim inspection conducted to determine
compliance with specific regulations or legal requirements..
9
33,1406 Posting Requirements - Penalty for Ivan-Compliance - Documents
10
Available for Public Review.
iew.4
11 (a) . Upon completion of the Routine Inspection, the health official shall post
12 at every food establishment the Letter Grade Card, so as to be clearly visible to the
13 general publicandto patrons entering the food establishment. "Clearly visible to the
14 general public and to patrons" shall mean:
15 (1) Posted in the front window of the food establishment within five
16
(5) feet of the front door;:
17 (2) Pasted in a display case mounted on the outside:front wall of the
is food establishment within five (5) feet of the front dour, or
19 (3) Posted in a location approved by the health official to ensure
20 proper notice to the general public and to patrons.
21 (b) In the event that a food establishment is operated in the same building
22 or space'as a separately licensed or permitted business, or in the event that a food
23 establishment' shares a common patron entrance with a separately licensed or
24 permitted' business, or in the event of both, the health official shall post the Letter
25 Grade Card, in the initial patron contact area, or in a location approved by the health
26 official.
27 (c) The Letter Gude. Card shall not be defaced, marred, camouflaged,
hidden or removed. It shall be unlawful to operate a food establishment unless the
#242326 SMR r
6/14/2004 7
Letter Grade Card is posted. Removal of the Letter Grade Card is a violation of this
2, Chapter and may result in the suspension or revocation of the public health permit
3 and shall be punishable as specified in section 33.0112 of this Code.
4 (d) The OIR upon which the Letter Grade Card is based shall be maintained
5 at the food establishment and shall be available to the general public and to patrons
6 for review upon request The food establishment shall keep the OIR until such time
7 as the health official completes the next Routine Inspection of the food establishment
8 and issues a new OIR.
9
10 33.1407 Letter Grade Card— Period of Validity.
11 A Letter Grade Card shall remain valid until the health official completes, the
12 next Routine Inspection of the food establishment. A re-soarer Inspection is a
13 complete Routine Inspection that may be required of (as provided In subsection
14 33.1403(c)), or requested by, the food establishment.
is (a) A re-score inspection shall be conducted by the health official following
the filing of a re-score inspection request form. In accordance with the Code,
17 Schedule of Fees, the re-score Inspection fee must be paid by the food establishment
is upon demand by the health official.
19 (b) At the conclusion of the re-score inspection of the food establishment
20 the Letter Grade Card shall be issued based upon the scoring method set forth in this
21 Chapter resulting from the OIR.
22
(c) A requested re-score inspection is separate and independent of all re
23 inspections of critical violations as determined by the health official.
24
25
26
27
28
f242326 SMR
3/1412004 8
ti
1 SECTION 2. Subsection 16.021 B(b)(17) is added to Chapter 2 of Division B of
2 Title 1 of the San Bernardino County Code, to read:
3
16.021313 Health Services - Environmental.
(b) Food/Recreational Health Program Fee.
S
7 (17) Re-score Inspection 52.00lhr.
8
9 SECTION S. This ordinance shall becorpe effective thirty (30) days from the
10
date of adoption and Its provisions shall beco a operativ n October 1, 2944.
11
12 DENIMS HANSBERGE , Chairman
18 Beard of Supervisors
14
1,5
SIGNED AND CERTIFIED THAT A COPY
OF THIS DOCUMENT HAS BEEN DELIVERED
16 TO THE CHAIRMAN OF THE BOAR[
17
18 J. RENEE.BASTIAN, rk f the Board of Supervisors
18
2-0 V STATE OF CALIFORNIA
)
22 COUNTY OF SAN BERNARDINO �
23
I, J RENEE BASTI N, Clerk of the Board of Supervisors of the County of San
24 Bernardino, State of California, hereby certify that at a, regular meeting of the Board o '
Supervisors of said County and State, held on the 22nd day of .Tune ,
25 2004, at which meeting were present Supervisors:
213 Posh s Blanc Aguiar.
27 and the Clerk, the foregoing ordinance was passed and adopted by the following vote,
to wit.
28
#242326 SMR
6/14/20049
I AYES: SUPERVISORS: B1;nnme, Aguiar, Young, Hansberger
2 NOES: SUPERVISORS: Postmus
ABSENT : SUPERVISORS: Nana
5 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the 'Board of Supervisors this L2ria day of J'uns , 2004.
8
J. Rrk of the Board of
7 Su S
r` of San Bernardino,:
S` `
k n
1
Approved as to Form
1 Ronald D. Reitz, County Counsel
12
By. 9--w-q
13 Deputy,
14 Bate'
1 J�
18
17
18 r
1 `
.20
21
22
23r
24
2
m:K
28
2?' r�
28
#242326 8MR
611 10
1 ORDINANCE NO. 3930
2 AN ORDINANCE OF THE COUNTY OF SAN BERNARDINO, STATE OF
3 CALIFORNIA, ADDING CHAPTER 14 TO DIVISION 3 OF TITLE 3 AND
ADDING SUBSECTION 16.0213E(b)(17) TO CHAPTER 2 OF
DIVISION 6 OF TITLE 1, ALL SOF THE SAN BERNARDINO COUNTY
CODE, RELATING TO INSPECTION GRADING OF FOO[
ESTABLISHMENTS.
6
7 The Board of Supervisors of the County of San Bernardino, State of California,
S ordains as follows:
9
10 SECTION 1. Chapter 14 is added to Division 3 of Title 3 of the San Bernardino
11 County Cade, to read.
1
13 CHAPTER 14
14 INSPECTION GRADING OF FOOD ESTABLISHMENTS
15 Secflons:
16 33.1401 Authority.
17 33.1402 Food;Program Official Inspection Report.
33.1403; Grading.
18 33.1404 'Notice of Closure.
33.1405 Routine Inspection.
19 33.1406 Posting Requirements — Penalty for Non-Compliance— Documents
20 Available for Public Review.
33.1407 Letter Grade Card Period of Validity.
21
22 33.1401 Authority.
23 Pursuant to the authority cited in Chapter I (Authority and Administration) and
24
Chapter 4 Food Protection) of Division 3 of Title 3 of the Ben Bernardino Counter
Code (hereinafter referred to as the 'Code" , as well as Health and Safety Cole
26 section 113715, food establishments shall be subject to a grading system as provided
27
in this Chapter. All provisions of Chapters 1, 2, and 3 of this Division shall apply to
25 this Chapter except as otherwise provided herein.
#242326 SMR
6/25=04
'';
33.1402 Food program Official Inspection R+eporL
Food Program Official inspection Report ("OIR*) means the written report'
prepared, and copy issued to a food establishment b y the *Directory` of the Division of
Environmental Health Services, Department of Public Health, as defined In subsection
ti
33.0115(c), or his designee, ("health officiall after conducting a'Routine Inspection of
a food establishment to determine compliance with all applicable federal, state, and
S local laws and regulations relating to the protection of public health. For purposes of
9 this Chapter only, "food establishment* [as' defined in subsection 33.042(c)] shall
10
mean only a retail food establishment at a permanent location.
11
12
33.1403 Grading.
13 (a) "Grade" means the letter grade issued by the health official at the
14 +
conclusion of the Routine inspection of a food establishment. The grade shall be
1
based upon the scaring method set forth in this section resulting from the OIR and
16
17 shall reflect the food establishment's degree of compliance with all applicable federal,
state, and local laws and regulations relating to the protection of public health'.
16
1g (b "Letter Grade Gard" means a card that shall be posted by the health
official at a food establishment upon coripletion of a Routine inspection that indicates
20
the letter grade of the food establishment as determined by the health official using
21 the scoring method :set forth in this section and includes ars Inspection Summary
22 Report, as shown by Figures 1 through 3.p An Inspection Summary Report is
23
summary of the OIR as defined in section 33.1402.
.24 111
25 /
26
7 '
28
1242326 SMR
V1412004 2
2SVtfith,*ry Kbpd
�tt�tt�
ate. 4
euart
10
a
�1
iVa= .
befs►r�wr
rip T,�uwrt�a w an OINK 7l,y 111�ONJo11m p a*r ,r a gl MW4
1k7
14 , x
16
17 FIGURE 1
1 l!I
1 Jl1
2® 111
21 /1
22 l/!
23 A/(
24 Il
25 J'!
28 1I
27
2$
/1!
'42326 SMF
' I4 3
e
}
A ,
14 A' "
1 " "� �iwr �i user .. .w►cr�
1
14 "MmUl 3
1
16
17
FIG 2
1 dll
1 I!/
20 l!
21221
Jli
2 Ill
2 Jla'
25 11
26
27
28 /lC
*2423211 SMR
8/14/2004 4