HomeMy WebLinkAbout739 - OrdinancesORDINANCE NO. 739
as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
RANCHO CUCAMONGA ADOPTING, BY REFERENCE,
COUNTY OF SAN BERNARDINO ORDINANCE NO. 3930
RELATING TO INSPECTION GRADING OF FOOD
ESTABLISHMENTS AND AMENDING TITLE 8 OF THE
RANCHO CUCAMONGA MUNICIPAL CODE.
RECITALS.
(i)
On June 22, 2004, the Board of Supervisors of the County of San
Bernardino adopted its Ordinance No. 3930 ("Ordinance No. 3930") relating
to inspection grading of food establishments.
(ii)
By agreement, the County of San Bernardino enforces health-related codes
of the State, as well as local health codes and ordinances. It is the intent of
the City Council in adopting this ordinance to provide for the inspection and
grading of food establishments within the City of Rancho Cucamonga.
(iii)
California Government Code §50022.9, et seq. authorizes the adoption by
reference of county codes and provisions thereof, including Ordinance No.
3930.
(iv)
On February 2, 2005, the City Council of the City of Rancho Cucamonga
conducted and concluded a duly noticed public hearing as required by
California Government Code § 50022.3.
(v) A full, true and correct copy of Ordinance No. 3930 is on file and available
for inspection in the office of the City Clerk or designee thereof.
(vi) All legal prerequisites to the adoption of this Ordinance have occurred.
ORDINANCE.
NOW, THEREFORE, the City Council of the City of Rancho Cucarnonga hereby ordains
SECTION: 1
SECTION: 2
The facts set forth in the Recitals, Part A, of this Ordinance are
true and correct.
A new Chapter 8.32 is hereby added to Title 8 of the Rancho
Cucamonga Municipal Code to read as follows:
Ordinance No. '739
Page 2 of 13
"Chapter 8.32
"INSPECTION GRADING OF FOOD ESTABLISHMENTS
"Sections
8.32.010
8.32.020
8.32.030
Regulations governing inspection grading of food
establishments adopted.
Fees.
Penalties.
"8.32.010 Regulations governing inspection grading of food
establishments adopted. Notwithstanding any other provision of this
Code, Ordinance No. 3930 of the County of San Bernardino adding
Chapter 14 to Division 3 of Title 3 of the San Bernardino County Code,
pertaining to inspection grading of food establishments, is hereby adopted
by reference.
"8.32.020 Fees. Notwithstanding any provision contained in the San
Bernardino County Code, fees required by any provision of Ordinance
No. 3930, including Section 2 thereof, or any successor ordinance or
provision thereto, shall be as established by the Board of Supervisors of
the County of San Bernardino, unless the City Council of the City of
Rancho Cucamonga has adopted a fee for the same service or activity, in
which case each such City-adopted fee shall be the applicable fee.
"8.32.030 Penalty. A violation of any of the provisions of Ordinance No.
3930 adopted by reference in this chapter shall be a misdemeanor and
shall be punishable as provided in Chapter 1.12 of Title 1 of the Rancho
Cucamonga Municipal Code."
SECTION 3.
SEVERABILITY. The City Council declares that should any
provision, section, paragraph, sentence, or word of this Ordinance
or Ordinance No. 3930 of the County of San Bernardino, adopted
by reference hereby, be rendered or declared invalid by any final
court action in a court of competent jurisdiction, or by reason of
any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences and words of this Ordinance and
Ordinance No. 3930 shall remain in full force and effect.
SECTION 4. The provisions of this Ordinance shall become operative on May
9, 2005.
SECTION 5. The City Clerk shall certify to the adoption of this Ordinance.
Please see the following page
for formal adoption, certification and signatures
Ordinance No. 739
Page 3 of 13
A'CrEST:
PASSED, APPROVED, AND ADOPTED this 6th day of April 2005.
AYES: Alexander, Gutierrez, Michael, Spagnolo, Williams
NOES: None
ABSENT: None
ABSTAINED: None
I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga,
California, do hereby certify that the foregoing Ordinance was introduced at a Regular Meeting
of the Council of the City of Rancho Cucamonga held on the 5th day of January 2005, and was
passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the
6h day April 2005.
Executed this 7th day of April 2005, at Rancho Cucamonga, California.
Ordinance No. 739
Page 4 of 13
ORDINANCE NO. 3930
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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)(17) TO CHAPTER 2 OF
DIVISION 6 OF TITLE 1, ALL OF THE SAN BERNARDINO COUNTY
CODE, RELATING TO INSPECTION GRADING OF FOOD
ESTABLISHMENTS.
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The Board of Supervisors of the County of San Bemardino, State of California,
s as follows:
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SECTION 1. Chapter 14 is added to Division 3 of Title 3 of the San Bemardino
.'ounty Code, to read:
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Sections:
33.1401
33.1402
33.1403
33.1404
33.1405
: 33,1406
33.1407
CHAPTER 14
INSPECTION GRADING OF FOOD ESTABUSHMENTS
F.opd program Offi~,ial Inspection'Report.
Grading.
Notice of Closure.
Routine Inspe~on.
Post~ng Requirements - Penalty for Non-Compliance -' Documents
Available for Public Review.
Letter Grade Card - Period of Validity.
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33,1401 Authority.
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.. Pursuant to the authority cited in Chapter I (Authority and Administration) and
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Chapter 4 (FOod Prbtecti0n) of Division 3 of T'~la 3 of the San Bemardlno County
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Code (hereinafter referred to as the 'Code'), as well as Health and Safety Code
28 !section 113715, food establish.meats shall be subject to a grading system as provided
27 ~ in this Chapter. All provisions of Chapters'l, 2, and3 of this Division shall apply to
Ordinance No. 739
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33,1402 Food Program Official Inspection Report. '
Food Program Official Inspectiort Report ('OIR") means the written report
prepared and copy Issued to a food astablis.hment by the 'Director' of the Division of
Environmental Health Services, Department of Public Health, as defined In subsection
33.0115(c), or hi~ designee, ('health official') after conducting a Routine Inspection of
food establishment to determine compliance with a~l applicable federal, state, and
il o c al laws and regulations relating to the protection of public health. For pUrposes of
:this Chapter only, flood establishment' [as' defined in subsection 33.042(c)] shall
mean only a retail food establishment at a permanent Ioqaflon.
33.1403 Grading.
(a) 'Grade' means the letter grad..e issued by the health official at the
conclusion of the .Routine Inspect!on of a fo~l establishment. The grade shall be.
based upon the scoring method set forth in this'section resulting from the OIR and
shall reflect the food establ!shment's degree of compliance with all applicable federal,
state, end local laws and regulations relating to the protection of publk= heaJth.
(b) "Letter Grade Card" means a card that shall be posted by the health
officla; at a food establishment upon completion of a Routine Inspection that indicates
the letter grade of the food establishment as determined by the health official using
the scoring method set forth In this section and includes an Inspection Summm7
Report, as shown by Flgures t .through 3. An Inspection Summary Report is a
summary of the OIR as defined In section 33:1402.
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(c) Any food establishment that fails to attain at least a *B' grade, ns
ined herein, shall be issued written notice, through an OIR, by the health ofrmial.
The food establishment must correct the der~iencies liSted in the OIR and must file a
written request for e. re-score inspection with the health official within 30 days of the
A re-score inspection shall be conducted by the health offi~lel and be subject to
re-score inspection fee' as provided in the Code, Schedule of 'Fees. The health
official wil! comple, te the re-score inspection within ten (10) County business days of
food estsblishme~.,8 filing of a written request for a re-score inspection. A food
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establishment fal~ng to c(~mply with the OIR, or failing to attain at least a aB= grade on
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the m-score inspection, may be Immediately closed by the health official and remain
closed until at least a 'B' grade is achieved on a re-score inspection, Nothing in this
provision sl~all prohibit the health official from immediately closing any food
establishment if, at his discretion, immediate closure ls nscessa~y to protect the public
health.
(d) The letter grads shall be ba~ed upon the final numerical percentage
score set forth In the OIR as follows:
(1) A grade of 'A";Shall indicate a final score Of ninety percent (90%)
Or higher, es determined by the health official; . .
(2). A grade of "B" shall Indicated a final score of eighty-nine percent
B9%) but not [ess than eighty percent (80%), as determined by !he health official;
(3) A grade of '(7 shall indicate a final score of seventy-nine percent
79%) but not less than seventy percent (70%), as determined by..the health official.
13.1404 Notice of Closure.
'Notice of Closure' means a public notice that shall be 'posted by the health
official at a food establishment upon suspension or revocation of the food
establishment's public health permit and that results in the :closure of the food
lestablishment and the discontinuance 'of all (~perations of the food establishment, by
order of the health official, because of violations of applicable federal, s~,te, and local
laws and regulations relating to the protection of public health. The Noticeof Closure
~hall remain posted until removed by the health official. Rem, oval of the Notice of
~losure by any person other than the health official or tile refusal of a food
establishment to close upon Issuance of the written notice of.sUspanston of'the public
health permit Is a violation of this Chapter and may result m the revocation of the food
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establishment's public health permit and shall be punlshabl~ as specified in section
33.0112 of this Code. .; ~
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33.1405 Routine Inspection.
"Routine Inspection" means an unannounced inspection of any food
establishment to determine compliance with ali applicable federal, state, and local
laws and regulations relating to the protection of public has, th.. A Routine Inspection
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.
33.1406 Posting Requirementa - Penalty.for Non-Compliance - Documente
~.vallabie for Public Review..
(a) Upon completion of the Routine Inspection, the health official shall post
at every food establishment the Letter Grade Card, so as to be clearly visible to the
generaJ public and to patrons entering the food establishment. 'Clearty .vislble to the
general public and to patrons' s~'.hall mean:
(1) Posted in the front window of the fo~l establishment within five
(5) feet of the front door; ' . ' ' '
. (2) Posted In a d~splay case mounted on the outstde front wall of the
fOOd establishment within five (~) feet of the front dOOr;, or
(3) Posted in' a location approved by th~. health official to ensure
)roper notice to the general public and to patrons.
(b) In the event that a food.establishment is operated In the same 'building
)r space as a separately licensed or permitted business, or in the event that a food
establishment shares a common patron entrance with a separately licensed or
permitted business,, o.: in the' event of both, the. health official shall post the Letter
Grade Card, In the m~tial patron contact -,ma, or m a location approved by the health
official. . '
(c) The Letter G~'a~de. Card shall not be defaced, marred, camouflaged,
hidden or removed. It sha!l be unl~.wful to operate a food' establishment unless the
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Letter Grade Card is po~ted. 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 this Code.
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4' .. (c0 The OIR upon which the Leffer Grade Card is based shall, be ~alntained
611for review upon request. The food establishment shall keep the O[R until such time
7u~ as the health official completas the next Routine Inspection of the food astabhshment-
8 i and Issues a new OIR,
33.1407 Letter Grade Card - Period of Validity. . '*
A Letter Grade Card shall remain valid until the health official completes, the
next Routine Inspection of the food establishment. A re-sCOre inspection Is a
complete Routine Inspection that may be required 'of (as provided in S0bsection
33.1403(c)), or requested by, the food establishment. ..
(a) A re-score inspection shall be conducted by the health official following
the filing of a re-scorn inspection request form. In .accordance with ~he Code,
Schedule of Fee~, the re-score inspection fee must be paid by the food establishment
upon demand by the health official. :
(b) At the conclusion of the re-score Inspection of the food establishment
the Letter Grade Card shall be issued based upon the scoring method set forth in
Chapter resulting from the OIR..
(~) · A requested m-score inspection is separate and Independent of all re-
inspections of critical violations as determined by the health official.
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Ordinance No. 739
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SECTION 2. Subsection 16.0213B(b)(17) is added to Chapter 2 of Division 6 of
11 o~ihe S~eli~: rd~i~jl U~rll i~ 'ail rt~id:
(b) Food/Recreational Health Program Fee:
(17) Re-score Inspection
.................... SS2.00/hr.
SEOTIQN 8, This ordinance shall'becor~e effective thirty (30) days from the
DE~NNIS HAN~BERGF~, Chairman
Board of Supewiaore
iIGNED AND CERTIFIED THAT A coPY
OF 'THIS DOCUMENT HAS BEEN DELIVERED
TO THE CHAIRMAN OF THE BOARD
STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
I, d. RENEE BASTIAN, Cleft( of the Board of SupmvisoR of the County of San
Bemardino, State of California, hereby certify that at a regular meeting of the Board of
Supen4sors of said Counly and State, held on the. 22=c~ day of .~m~a ,
2004, at which meeting were present Supewlsom:
· Pos~aus, B:[ane. A~u:Lar, Youna. ~aneBe~'eer.'
and the Cterk, the foregoing ordinance w, as passed and adopted by the following vote,
to wit: ,, '--
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Ordinance No. 739
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AYES: SUPERVISORS:
NOES: SUPERVISORS: ~o~t~s
ABSENT: SUPERVISORS:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the offic, I .al
of the Board of Supervisors this z2~ day
Form
Ronald D. Rettz, County Counsel
· Deputy
Date: ~
J. R~~rk of the Board of
Sui:~~~n~/~of San Bemmdlno,
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