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HomeMy Public PortalAboutOrd. 1683ORDINANCE NO 1683 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING CHAPTER 4 -8 OF THE MUNICIPAL CODE SPECIAL PERMITS FOR REGULATORY PURPOSES WHEREAS, California Government Code Section 50022.9 specifically authorizes cities to enact ordinances which adopt by reference county codes; and WHEREAS; incorporation of Los Angeles County public health laws by the City is required before such laws can be enforced by County Inspectors within the City of Lynwood; and WHEREAS, effective enforcement of state and local public health laws is a critical component of the City's overall commitment to protecting the health and welfare of its citizens, work -force and visitors; and WHEREAS, the City is committed to working together with the County of Los Angeles to undertake effective enforcement of state and local public health laws; and WHEREAS, the City, like most cities within Los Angeles County, relies on the County to enforce public health laws, including the California Retail Food Code, within the City of Lynwood; and WHEREAS, inadequate food storage, preparation and service threatens public health and welfare; and WHEREAS, the City is committed to safeguarding public health and ensuring that food provided to consumers is safe, unadulterated, and honestly presented; and WHEREAS, the California Retail Food Code (Health and Safety Code Sections 113700 et. sec.) authorizes local agencies to adopt an evaluation or grading system for food facilities, including mobile food facilities; WHEREAS, on June 7, 2016, the City Council held a duly noticed public hearing regarding the proposed change to Chapter 13 -7 of the Lynwood Municipal Code involving licensed ice cream vendors operating hours; and WHEREAS, the Lynwood City Council has carefully considered NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY FIND, PROCLAIM, ORDER, AND RESOLVE AS FOLLOWS: 1 Section 1. That Section 4 -8 of the Municipal Code be amended by adding Section 4 -8.11 as referenced in Exhibit A: Section 2. The City Clerk shall certify as to the passage and adoption of this Ordinance and to cause it to be published as required by law. Section 3. This Ordinance shall take effect thirty (30) days after its final passage. Section 4. Based upon substantial evidence presented to this City Council during the public hearing conducted with regard to the application, including a written staff report, verbal testimony, and pursuant to Lynwood Municipal Code Section 25- 100 -4. Section 5. The City Council finds this Ordinance is exempt from the California Environment Quality Act ( "CEQA "). This Ordinance is exempt from CEQA in its entirety pursuant to Section 15061(b)(3) of Title 14 of the California Code of Regulations because it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment. Section 6. Any provision of the Lynwood Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. Section 8. This Ordinance shall take effect thirty days after the date of its adoption. Section 9. The City Clerk shall certify as to the adoption of this City Council Ordinance. First read at a regular meeting of the City Council held on the 7`h day of June, 2016 and adopted and ordered published at a regular meeting of said City Council on the 21st day of June, 2016. [THIS SPACE INTENTIONALLY LEFT BLANK] 2 PASSED, APPROVED and ADOPTED this 21St day of June, 2016. ATTEST: Maria Quinonez, City 1blerk APPROVED AS TO FORM: David A. lGarcia, City Attorney C Edwin Hernandez, May i APPROVED AS TO CONTENT:. Q-A-IL 110 IBC �-- J. Arnoldo Beltran, City Manager Erika Ramirez, me ' n Director Development, ComWlVnce & Enforcement Services 3 STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Ordinance No. 1683 was duly adopted by the City Council of the City of Lynwood at its regular meeting held on the 215' day of June, 2016. AYES: COUNCIL MEMBERS ALATORRE, SANTILLAN -BEAS, SOLACHE, CASTRO AND MAYOR HERNANDEZ NOES: NONE ABSENT: NONE ABSTAIN: NONE Maria Quihonez7Cffy Cler STATE OF CALIFORNIA ) ) SS. COUNTY OF LOS ANGELES ) I, Maria Quinonez, the undersigned, City Clerk of the City of Lynwood, and the Clerk of the City Council of said City, do hereby certify that the above foregoing is a full, true and correct copy of Ordinance No. 1683 on file in my office and that said Ordinance was adopted on the date and by the vote therein stated. Dated this 215f day of June, 2016. r � Maria Quinonez, City Jerk li Exhibit A CHATER 4 LICENSING AND BUSINESS REGULATIONS ARTICLE 2. SPECIAL PERMITS FOR REGULATORY PURPOSES 4 -8.11 LOS ANGELES COUNTY LETTER GRADE, ROUTE LOCATION DISCLOSURE AND ANNUAL CERTIFICATION REQUIREMENT FOR MOBILE FOOD FACILITIES. a. DEFINITIONS. As used in this chapter: Food facility shall mean any food establishment, food warehouse, milk warehouse, mobile food facility, mobile support unit, vehicle, vending machine, swap meet prepackaged food stand, mobile preparation unit, or any place used in conjunction with the operation of the above, including, but not limited to, storage facilities for food utensils, equipment, and materials. For the purposes of this provision, a food faciky shall Include a food facility operating in conjunction with a food processing establishment. Retail food vehicle shall mean any motorized or non - motorized conveyance or portable food service unit upon which prepackaged or approved unpackaged food is sold or offered for sale at retail. Categories of retail food vehicles include: 1. Animal food vehicle 2. Bakery distributor vehicle (independent, retail); 3. Fish peddler vehicle; 4. Food vehicle- Department of MotorVehicles exempt; 5. Food salvage distributor vehicle; 6. Fruit and vegetable vehicle; 7. Grocery distributor vehicle; 8. Independent ice d istributorvehicle; 9. Independent retail meat vehicle; 10. Independent milk distributor vehicle, not a processor -owned milk delivery vehicle; a. Industrial catering vehicle; 11. Limited food vehicle; 12. Unpackaged food vehicle; 13. Prepackaged food cart, a non - motorized vehicle, from which the operator dispenses prepackaged and labeled food; 14. Any combination of the above; 15.Or any vehicle, including, but not limited to, a mobile food facility, from which animal food, bakery products, fish, shellfish, seafood, fruits, vegetables, meats, poultry, preserves, jelly, relish, milk or other dairy products, food or food products, ice or beverages, whether in bulk, canned, wrapped, bottled, packaged, or any other form, are sold or kept for sale at retailer are distributed to the consumer. b. EXCEPTIONS. Vehicles owned and operated by a fixed- location food market, restaurant or other business having a valid public health permit under this chapter to deliver food products from said establishment to other locations shall not be required to have a separate public health permit under this chapter. c. GRADING, SCORING METHOD AND LETTER GRADE CARD. Grading shall mean the letter grade issued by the county heath officer at the conclusion of the routine inspection of a food facility. The grade shall be based upon the scoring method set forth inthis section resulting from the food official inspection report and shall reflect the food facility's degree of compliance with all applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. Scoring method shall mean a procedure used by the county health officer where a score is calculated by adding values predefined on the food official inspection report for violations that are observed during an inspection and subtracting that total from 100. The resulting numerical sum, stated as a percentage, constitutes the score for the inspection. Letter grade card shall mean a card that may be posted by the county health officer at a food facility upon completion of a routine inspection that indicates the letter grade of the facility as determined by the county health officer using the scoring method set forth in this section. M The county health officer, in his discretion, may immediately close any food facility which, upon completion of the routine inspection, does not achieve at least a "C" grade as defined herein. Nothing in this provision shall prohibit the county health officer from immediately closing any food facility if, in his discretion, immediate closure is necessary to protect the public health. 1. The letter grade for a food facilty shall be based upon the final numerical percentage score set forth in the food official inspection report, as follows: a) A grade of "A" shall indicate a final score of 90 percent or higher as determined bythe county health officer; b) A grade of "B" shall indicate a final score less than 90 percent but not less than 80 percent as determined by the county health officer; c) A grade of "C" shall indicate a final score less than 80 percent but not less than 70 percent as determined by the county health officer. d. INSPECTION SCORE CARD. Inspection score card shall mean a card that may be posted by the county health officer at a food facility, upon completion of a routine inspection, that indicates the total numerical percentage score for the facility 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 facility shall include a food facility operating in conjunction with a food processing establishment. The county health officer, in his discretion, may immediately close any food facility which, upon completion of the routine inspection, achieves a total numerical percentage score less than 70 percent as set forth in Section 4- 8.11c. Nothing in this provision shall prohibit the county health officer from immediately closing any food facility if, in his discretion, immediate closure is necessary to protect the public health. e. MOBILE FOOD FACILITY. Mobile food facility shall mean any vehicle used in conjunction with a commissary or other permanent food facility upon which food is sold or distributed at retail. "Mobile food facility" does not include a "transporter" used to transport packaged food from a food facility, or other approved source to the consumer. f. MOBILE SUPPORT UNIT. Mobile support unit shall mean a vehicle used in conjunction with a commissary or other permanent food facility that travels to and services mobile food facilities as needed to replenish supplies, including food and potable water, clean the interior of the unit, or dispose of liquid or solid wastes. The county health officer shall have the discretion to score a mobile support unit pursuant to the method set forth in Section 4- 8.11c. g. NOTICE OF CLOSURE 7 Notice of closure shall mean a public notice that may be posted by the county health officer at a food establishment facility upon suspension or revocation of the facility's public health permit and that results in the immediate closure of the facility and the discontinuance of all operations of the food facility, by order of the county health officer, because of violations of applicable federal, state and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. h. ROUTE LOCATION. The owner /operator of a mobile food facility or mobile support unit shall complete a Mobile Food Facility Route Sheet, obtained from the county health officer, listing the complete address, telephone number and arrival /departure times of each location where the retail food business is being conducted. The Mobile Facility Route Sheet shall be maintained on file at the Vehicle Inspection Program. The owner /operator of a mobile food facility or mobile support unit shall notify the county health officer of any significant changes to the Mobile Food Facility Route Sheet. Failure to provide an accurate and current Mobile Food Facility Route Sheet may result in suspension or revocation of the public health license or permit. i. ANNUAL CERTIFICATION INSPECTION. The owner /operator of a mobile food facility or mobile support unit shall obtain an annual certification inspection from the county health officer. The enforcement agency shall initially approve all mobile food facilities and mobile support units as complying with California Health and Safety Code Chapters 1 -8, inclusive, 10 and 13. The county health officer shall then issue a certification sticker which shall be affixed to the mobile food facility or mobile support unit. The sticker will be valid during the fiscal year corresponding to the mobile food facility's or mobile support unit's current public health operating permit. Failure to secure an annual certification sticker shall result in a suspension or revocation of the public health license or permit. j. POSTING REQUIRMENTS- PENALTY FOR NONCOMPLIANCE - DOUCMENTS AVAILABLE FOR PUBLIC REVIEW. Upon issuance by the county health officer, the health officer shall post at every food facilitythe letter grade card, orthe inspection score card, as determined by the county health officer, so as to be clearly visible to the general public and to patrons entering the facility. "Clearly visible to the general public and to patrons" means: 1. Posted in the front window of the food facility within five feet of the front door or posted in a display case mounted on the outside front wall of the food facility within five (5) feet of the front door; 2. Posted adjacent to the pass out window on a mobile food facility, or on the customer service side of an uienclosed mobile food facility; or G 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. In the event that a food facility is operated in the same building or space as a separately licensed or permitted business, or in the event that a food facility 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, or the inspection score card in the initial patron contact area, or in a location as determined inthe discretion of the county health officer. The letter grade card and the inspection score card shall not be defaced, marred, reproduced, copied, camouflaged, hidden or removed. It is unlawful to operate a food facility unless the letter grade card or the inspection score card, as determined by the county health officer, is in place as set forth hereunder. Removal of the letter grade card orthe inspection score 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 the Section 4- 8.111. Every food facility 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 facility: Any public health concerns regarding this facility should be directed to the County of Los Angeles, Environmental Health office located at the local office address and telephone number to be provided by the county health officer. The food official inspection report upon which the letter grade card or the inspection score card is based and all subsequent reports issued by the county health officer shall be maintained at the food facility and shall be available to the general public and to patrons for review upon request. The food faciRy 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 facility and issues a new food official inspection report. k. LETTER CARD AND INSPECTION CARD- PERIOD OF VALIDITY. A letter grade card or inspection score card shall remain valid until the county health officer completes the next routine inspection of the food facility. I. PUBLIC HEALTH PERMIT SUSPENSION OR REVOCATION- NOTICE OF CLOSURE 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 facility so as to be clearly visible to the general public and to patrons. 9 Upon issuance of the written notice of suspension or revocation of the public health permit by the county health officer, the food facility 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 facility no longer operates as a food facility. 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 facilty 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 facility's public heath permit and shall be punishable as specified in Section 4- 8.111. WE