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HomeMy WebLinkAboutORD 685ORDINANCE NO. 685 AN ORDINANCE OF THE CITY OF PALM DESERT, CALIFORNIA, ADOPTING BY REFERENCE RIVERSIDE COUNTY ORDINANCE NO. 567 REGULATING FOOD HANDLERS AND DELETING CHAPTER 8.04 OF THE PALM DESERT MUNICIPAL CODE. WHEREAS, the City Council of the City of Palm Desert, California, is concerned with the ability of food handlers to demonstrative knowledge of the sanitary principles and practices within the food industry. NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY ORDAIN as follows: Section 1: The City Council of the City of Palm Desert, California, hereby adopts by reference Riverside County Ordinance No. 567, as may be amended, and any future adopted county resolution implementing Ordinance 567, which ordinance regulates food handlers. Section 2: The City Clerk shall certify as to the passage and adoption of this ordinance and shall cause the same to be published once in the Palm Desert Post, a newspaper of general circulation, printed, published, and circulated within the City of Palm Desert, and the same shall be in force and effect thirty (30) days after its adoption. PASSED, APPROVED, and ADOPTED this 25th day of June, 1992, by the City Council of the City of Palm Desert, California, by the following vote, to wit: AYES: BENSON, CRITES, SYNDER, KELLY NOES: NONE ABSENT: NONE ABSTAIN: WILSON RICHARD S. KELLY, Mayo City of Palm Desert / ATTEST: SHEILA R. GILLIGAN, 'City Clerk City of Palm Desert/ r EYHIi:IT ORDINANCE N0. 685 ORDINANCE NO. 567 AN ORDINANCE OF TEE COUNTY OF RIVERSIDE REGULATING FOOD HANDLERS The Board of Supervisors of the County of Riverside, State of California, do ordain as follows: Section 1. PURPOSE AND•INTENT. It is the purpose and intent of this ordinance to attain a uniform standard by requiring all food handlers in the County of Riverside to demonstrate through process of examination that they possess an adequate knowledge of the sanitary principles and practices within the food industry. Section 2. DEFINITIONS. As used in this ordinance, the following words and phrases shall have the following meanings: a. "Food Worker's Certificate" shall mean a statement,issued by the Health Officer certifying that a person has satisfactorily demonstrated his or her competency in food sanitation prin- ciples and practices. b. "Food Worker's Manual" shall mean the manual prepared and distributed to food handlers by the Health Officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry. c. "Health Officer" shall mean the Health Officer of the County of Riverside, or his designated representative. Section 3. FOOD WORKER'S CERTIFICATE REQUIRED. No person shall engage or serve in any work, occupation or employment which requires or occasions the handling of any food, liquor or material intended for food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of food or drink fcr human consumption, who does not hold or produce a Food worker's Cer- tificate as required by this ordinance within 14 days after engaging or serving in such work, occupation or employment, and no owner, man- ager or agent of such owner, or person in charge of any establishment or business shall retain in the employ thereof for the performance of such services, any person who does not hold and produce a Food Work- er's Certificate as required by this ordinance within 14 days after such person engages or serves in such employment. Section 4. EXEMPTION. Any person who engages or serves or seeks employment relating to domestic or household work or to temporary, occasional or intermittent functions of bona fide religious, charita- ble or public service organizations, including fraternal organiza- tions, veterans' organizations, established youth organizations, parent -teacher associations, or students in public or private schools under the age of 16 engaged in school food operations, and civic or community organizations or groups, the primary purpose of which is the betterment of the cultural, social or economic welfare and environment of the community, shall be exempt from the provisions of Section 3 of this ordinance. Ord. 567-1 Section 5. APPLICATION FOR FOOD WORKER'S CERTIFICATE. a. Any person who is engaged or intends to engage in an occupa- tion or employment for which a Food Worker's Certificate is required by Section 3 of this ordinance shall file with the Health Officer an application for such certificate or a renew- al thereof in such form as the Health Officer may require, which application shall be accompanied by a nonfundable fee of $5.00; provided, however, students 16 years of age or older engaged in school food operations are exempted,from such fee. b. (Deleted) c. (Deleted) Section 6. QUALIFICATION FOR FOOD WORRER'S CERTIFICATE. To qual- ify for the issuance or renewal of a Food Worker's Certificate as required by Section 3 of this ordinance, the applicant shall have • demonstrated his pr her -knowledge of acceptable practices in the sani- tary preparation, service, storage, distribution and sale of food and beverages and the proper sanitation of equipment and facilities. Such demonstration of knowledge shall be by satisfactorily passing an exam- ination conducted by the Health Officer on such subjects, based on the practices and procedures set forth in the Food Worker's Manual. A copy of -the latest edition of said manual shall be made available by the Health Officer to those persons applying for a Food Worker's Cer- tificate or renewal thereof. Section 7. ISSUANCE OF FOOD WORKER'S CERTIFICATE. When qualified _. pursuant to Section 6 of this ordinance, the applicant shall be issued a Food Worker's Certificate containing the following information: zertificate number, name, home address, expiration date and attesting signature. Such certificate shall expire 2 years after the date it aas issued. Section 8. DUPLICATE FOOD WORKER'S CERTIFICATE. A duplicate Food Worker's Certificate, for good cause, may be issued by the Health Dfficer for a fee of $1.00. Section 9. REVOCATION OF FOOD WORKER'S CERTIFICATE. The Food ;orker's Certificate may be revoked by the Health Officer upon evi- ience indicating repeated or continuing violations of accepted prac- =ices and procedures in the preparation, service, storage, distribu- :ion, or sale of food or beverages, or upon evidence indicating falsi- fication of information required for issuance of such certificate. Section 10. APPEAL. Any person who has an application for a Food 4orker's Certificate denied by the Health Officer or who has had such 3 certificate revoked by the Health Officer, may appeal such denial or revocation by filing with the Clerk of the Board of Supervisors, with- in 10 days after the date of such denial or revocation, a written iotice of appeal briefly setting forth the reasons why such denial or :evocation is not proper. The Clerk shall give notice of the time an Dlace of the hearing to the appellant. Ord. 567-2 EXh1311 0tWL`AN(,L NU. bb-) Such appeal sh 1 be heard by the Board -. Supervisors which may affirm, amend or reverse the decision or take such other action as it deems appropriate. In conducting the hearing, the Board of Supervi- sors shall not be limited by the technical rules of evidence. Section 11. DISPLAY OF FOOD WORKER'S CERTIFICATE. Any person required to have a Food Worker's Certificate shall immediately submit such certificate to his or her employer. It shall be the duty of every such employer to keep on continuous display at the place of employment the Food Worker's*Certificates of all such persons employed or engaged therein, and to display therewith a current list of all such persons therein engaged or employed for comparison with such certificates. Upon termination of employment, each unexpired certifi- cate shall be returned to the holder. Section 12. VIOLATION. Any person sions of this ordinance shall be guilty conviction thereof shall be punished by: (1) a fine not exceeding $50.00 for (2) a fine not exceeding $100.00 for year; violating any of the provi- of an infraction and upon the first violation; the second violation within 1 (3) a fine not exceeding $250.00 for each additional violation within 1 year. Each day such violation is committed or per- mitted to continue shall constitute a separate offense. Section 13. REPEAL. Ordinance No. 466 is hereby repealed. ADOPTED: 11-29-77 Effective: 12-28-77 (Oper. 1-1-78) AMENDED: 567.1 567.2 (Eff.: 9-17-81) Ord. 567-3