HomeMy WebLinkAboutORD 690ORDINANCE NO. 690
AN ORDINANCE OF THE CITY OF PALM DESERT,
CALIFORNIA, DELETING CHAPTER 8.08 AND
ORDINANCE NO. 684 PERTAINING TO THE POSTING
AND GRADING OF RESTAURANTS, AND ADOPTING BY
REFERENCE RIVERSIDE COUNTY ORDINANCE NO.
492.7.
WHEREAS, the City Council of the City of Palm Desert,
California is concerned with the health standards of restaurants
and other food facilities;
NOW, THEREFORE, the City Council of the City of Palm Desert,
California, DOES, HEREBY ORDAIN as follows:
Section 1: The City of Palm Desert, California does
hereby adopt by reference Ordinance No. 492.7 of the County of
Riverside regulating food establishments and other food
facilities.
Section 2: The City Clerk shall certify 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 same shall be in full force and effect 30 days
after its adoption.
PASSED, APPROVED, AND ADOPTED this 24th day of September,
1992, by the City Council of the City of Palm Desert, California
by the following vote, to wit:
AYES: BENSON, CRITES, SNYDER, WILSON AHD KELLY
HOES: HOME
ABSENT: HOME
ABSTAIN: NONE
t
RI HA D S. KELLY, Mayo
ATTEST: %
SHEILA R. C71LLIGAW, City Clerk
City of Palm Desex , California
ORDINANCE NO. 492
(AS AMENDED THROUGH 492.9)
AN ORDINANCE OF THE COUNTY OF RIVERSIDE AMENDING ORDINANCE NO.
492 REGULATING FOOD ESTABLISHMENTS AND FOOD FACILITIES AND
INCORPORATING BY REFERENCE ORDINANCE NO. 725
The Board of Supervisors of the County of Riverside Ordains as Follows:
SECTION 1. DEFINITIONS. The following definitions shall apply in the interpretation
and enforcement of this ordinance:
A. "Food Establishment' shall mean a food establishment as defined in the California
Uniform Retail Food Facilities Law, Section 113780 of the California Health and
Safety Code. These are commonly referred to as restaurants, markets, delis or
similar operations.
B. "Food Facilities" shall mean a food facility as defined in Section 113785 of the
California Health and Safety Code. These are commonly referred to as wholesale
food facilities, vehicles, vending machines, satellite food distribution facilities, open-
air barbecues, certified farmers markets, stationary food preparation units and
mobile food preparation units. This definition also includes commercial food
establishments.
C. "Enforcement Officer" shall mean the Director of the Department of Environmental
Health Services and his or her duly authorized Environmental Health Specialists.
D. "Food Preparation" shall mean food preparation as defined in Section 113790 of
the California Health and Safety Code.
E. "Official Inspection Form" shall mean the form provided by the Department of
Environmental Health Services.
SECTION 2. GRADING.
A. All food establishments and food facilities shall be inspected and graded uniformly
using an official inspection form. The grade of each food establishment shall be
determined by the Enforcement Officer using the scoring method provided on the
Official Inspection Form. The grade of each food establishment shall be evidenced
by the posting of a Grade Card bearing the letter, "A", "B" or "C."
1. The letter "A" shall indicate a score of ninety percent (90%) or higher, and
indicates that the food establishment passed the inspection by meeting those
minimum health standards as set forth by the State of California in the
California Retail Food Facilities Law, California Health and Safety Code,
Chapter 4, Sections 113700, et sea., and interpreted by the Enforcement
Officer. Grade "A" Cards shall be printed in Blue on High -Impact White
Styrene Plastic.
2. The letter "B" shall indicate a score of less than ninety percent (90%), but not
less than eighty percent (80%), and indicates that the food establishment has
not passed the inspection and does not meet minimum health standards.
Ord. 492 - Page 1
Grade "B" Cards shall be printed in Green on High -Impact White Styrene
Plastic.
3. The letter "C" shall indicate a score of less than eighty percent (80%), and
indicates that the food establishment has failed the inspection and has
conditions existing which may pose a potential or actual threat to public
health and safety. The facility may also be ordered closed, with its permit
being suspended or revoked by the Enforcement Officer. Grade "C" Cards
shall be printed in red on High -Impact White Styrene Plastic.
B. The Grade Card shall be provided by the Enforcement Officer and shall be nine
inches by eleven inches (9" x 11 ") in size. The grade letter shall not be more than
five inches (5") in height.
C. The Grade Card shall be posted in a conspicuous place selected by the
Enforcement Officer, at or near each entrance to the food establishment used by its
patrons, and shall be removed only by the Enforcement Officer.
D. It shall be unlawful to operate a food establishment unless the Grade Card is in
place as posted by the Enforcement Officer.
E. Private schools and public schools shall not be required to post a Grade Card.
F. Food facilities and food establishments which are not engaged in food preparation
shall not be required to post a Grade Card.
SECTION 3. INSPECTIONS.
A. The Enforcement Officer shall inspect each food facility and food establishment at
regular intervals. All food establishments and food facilities shall comply with those
requirements set forth in the California Uniform Retail Food Facilities Law, as
amended and appearing in California Health and Safety Code Sections 113700, et
seg..
B. A signed copy of the Official Inspection Form shall be delivered to the owner,
operator, or person in charge of the food establishment or food facility who shall
sign in receipt thereof.
C. Any food establishment or facility that has received a "B" or "C" grade shall receive
a reinspection within five (5) working days of the initial inspection, or as otherwise
arranged with the facility operator, to assure that the violations have been corrected.
The Grade "B" or "C" shall remain posted at the food establishment, indicating to
the public that the particular food establishment failed to maintain minimum health
standards during its most recent routine inspection performed by the Department of
Environmental Health Services.
D. If, after a reinspection of the food establishment or facility, the score is not ninety
percent (90%) or higher, any or all of the following legal actions may ensue:
1. Administrative hearing offered for the suspension or revocation of the license
pursuant to Health and Safety Code Sections 113950, et sea.
Ord. 492 - Page 2
2. Issuance of a citation.
3. Initiation of civil, criminal or other legal proceedings.
E. Notwithstanding the foregoing, the Enforcement Officer may order immediate
closure of a facility or establishment pursuant to Health and Safety Code Section
113960 whenever the Officer reasonably believes the facility or establishment to
present an immediate danger to the public health or safety.
F. Any reinspections following legal actions, other than one (1) reinspections following
an initial administrative hearing, will result in the operator being charged an hourly
on -site fee.
SECTION 4. PERMITS. No person shall operate a food establishment or facility
without holding a valid permit issued by the Department of Environmental Health Services.
Application for a permit shall be made to the Department of Environmental Health
Services upon a form provided by the Department, and shall be accompanied by a fee as
required by Ordinance No. 640. A permit shall be valid for not more than one (1) year.
SECTION 5. CRIMINAL PENALTIES.
A. Any person violating any provision of this ordinance shall be guilty of an infraction or
misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a
separate offense for each day during which any violation of this ordinance is
committed or allowed to exist.
B. Any individual convicted of a violation of this ordinance shall be:
1. Guilty of an infraction and punished by a fine of not less than fifty dollars
($50.00), but not to exceed one hundred dollars ($100.00) for the first
offense.
2. Guilty of an infraction and punished by a fine of not less than one hundred
dollars ($100.00), but not to exceed two hundred dollars ($200.00) for the
second offense.
3. The third and any subsequent offense shall constitute a misdemeanor, and
shall be punishable by a fine of not less than five hundred dollars ($500.00),
but not to exceed one thousand dollars ($1,000.00) and/or up to six (6)
months in the County jail, or both.
C. Notwithstanding the foregoing, a first or second offense may be charged and
prosecuted as a misdemeanor.
D. Payment of any penalty herein shall not relieve an individual from the responsibility
of correcting the violations as noted on the official Inspection Report Form.
E. The procedures, remedies and penalties for violation of this ordinance and for
recovery of costs related to enforcement are provided for in Ordinance No. 725,
which is incorporated herein by this reference.
Ord. 492 - Page 3
SECTION 6. PUBLIC NUISANCE DECLARATION. In addition, any violation of this
ordinance is hereby deemed to be a public health nuisance and may be abated by the
Enforcement Officer, irrespective of any other remedy hereinabove provided.
SECTION 7. CIVIL PENALTIES. Any person who willfully violates any provision of
this ordinance or any other rules or regulations adopted by the Department of
Environmental Health Services pursuant to this ordinance, in addition to any criminal
penalties, shall be liable for a civil penalty of between fifty dollars ($50.00) and two hundred
fifty dollars ($250.00) for each day of violation. The enforcement agency shall be
authorized to file and maintain an action in a court of appropriate jurisdiction to collect any
such civil penalty arising under this section.
SECTION 8. RIGHT OF INSPECTION. Pursuant to California Health and Safety
Code Section 113925, the Enforcement Officer shall have the right to inspect any food
facility or establishment, or any facility suspected of being a food establishment or facility,
at any reasonable time. If inspection is refused, the permit may be suspended or revoked,
and/or the owner or operator shall be guilty of an infraction or misdemeanor offense.
SECTION 9. SEVER ABILITY. If any provision, clause, sentence or paragraph of
this ordinance, or the application thereof to any person or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or application of the provisions of
this ordinance which can be given effect without the invalid provision or application and, to
this end, the provisions of this ordinance are hereby declared to be severable.
SECTION 10.Ordinance 493 is hereby repealed. This ordinance (492.8) shall take
effect thirty days (30) days after its adoption.
Adopted: 492 11/04/1963 (Eff:12/12/1963)
Amended:
492.1 11 /30/1971 (Eff: 12/29/1971)
492.2 12/02/1975 (Eff:12/31/1975)
492.3 Item 6.2 of 05/13/1980 (Eff: 06/11/1980)
492.4 Item 6.1 of 07/15/1980 (Eff: 08/13/1980)
492.5 Item 3.2 of 02/28/1984 (Eff: 03/29/1984)
492.6 Item 3.2 of 02/21/1989 (Eff: 03/22/1989)
492.7 Item 11.5 of 06/14/1992 (Eff: 07/13/1992)
492.8 Item 3.1 of 09/17/1996 (Eff: 10/17/1996)
492.9 Item 15.6 of 05/22/2007 (Eff: 06/21/2007)
Ord. 492 - Page 4