HomeMy Public PortalAboutOrdinance 744ORDINANCE NO. 744
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A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIF RNIA PROVIDING FOR THE REGULATION OF FOOD ESTABLISHMENTS
AND FOOD FACILITIES
AA `N the County of Riverside Department of
Environmenta+ -alt regulates, permits, grades and inspects food
establishment. , n. food facilities in the County and in the City
of Beaumont; a d,,,--'7,,
',`.,
WHEREAS. County of Riverside Departrnent of
Environmental He.1th- s requested that the City Council of the
City of Beaumont a t this Ordinance to establish City
regulations which ',,are _in accordance with such regulations as
adopted by the Rive ;side County Board of Supervisors and the City
Councils of a mq-jor\ty of the incorporated cities in Riverside
County; and (1 \ `,�` WHERE', the Ci'b,y,' of Beaumont relies upon and will
continue to relyp"txa ,the County Department of Environmental
Health for regulatin'; pe.Tmit/t-i.9g, grading and inspection of food
establishments and far;.i»jit`jes.
NOW, THEREFORE,''T
HEREBY ORDAINS AS FOLLOWS:
'f, COUNCIL OF THE CITY OF BEAUMONT
SECTION 1: A, t w Ch.apt r X8.01 is hereby added to the
Beaumont Municipal Code t,pad ''a`s fo;llows:
R '$.01
Sections:
8.01.010
8.01.020
8.01.030
8.01.040
8.01.050
8.01.060
8.01.070
8.01.080
8.01.090
Definitibs
Gradin_ a "'s
1nspection ,
Permits
Criminalti`
Public Nuisanck Declaration
Civil + \
Right of Inspection`\
Severability
8.01.010: DEFINITIONS. The foll`iwing definitions
shall apply in the interpretation and enforcement of this Chapter.
A. "Food Establishment" shall can a food
establishment as defined in the California Unifo m Retail Food
Facilities Law, Section 27520 of the California Hea14h 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 27521 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 farmersarkets,
stationary food preparation units and mobile food preparation
units. This definition also includes commercial`, food
establishments.
C. "Enforcement Officer" shall mean the Directo` of
the County of Riverside Department of Environmental Hea''th
Services and his or her duly authorized Environmental Heal'''th
Specialists.
D. "Food Preparation" shall mean food preparation as
defined in Section 27522 of the California Health and Safety Code.
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Ordinance No. 744
E. "Official Inspection Form" shall mean the form
provided by the County of Riverside Department of Environmental
Health Services.
8.01.020 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 27520, et seq., 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. 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.
8.01.030 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 appearing in California Health and
Safety Code Sections 27500, et seq.
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 a receipt
therefor.
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
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Ordinance No. 744
the Riverside County 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 27580, et seq.
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 27852 whenever he
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) reinspection following an initial administrative
hearing, will result in the operator being charged an hourly on-
site fee.
8.01.040 PERMITS. No person shall operate a food
establishment or facility without holding a valid permit issued by
the County of Riverside Department of Environmental Health
Services. Application for a permit shall be made to the County of
Riverside Department of Environmental Health Services upon a form
provided by the Department, and shall be accompanied by a fee as
required by Riverside County Ordinance No. 640. A permit shall be
valid for not more than one (1) year.
8.01.050 CRIMINAL PENALTIES.
A. Any person violating any provision of this Chapter
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 Chapter
is committed or allowed to exist.
B. Any individual convicted of a violation of this
Chapter 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 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.
8.01.060 PUBLIC NUISANCE DECLARATION. In
addition, any violation of this Chapter is hereby deemed to be a
public health nuisance and may be abated by the Enforcement
Officer, irrespective of any other remedy hereinabove provided.
8.01.070 CIVIL PENALTIES. Any person who
willfully violates any provision of this Chapter or any other
rules or regulations adopted by the County of Riverside Department
of Environmental Health Services pursuant to this Chapter, 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.
8.01.080 RIGHT OF INSPECTION.
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Pursuant to
9rdinance No. 744
California Health and Safety Code Section 27650, 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.
8.01.090 SEVERABILITY. If any provision, clause,
sentence or paragraph of this Chapter, or the application thereof
to any person or circumstances shall be held invalid, such
invalidity shall not affect the other provisions of applications
of the provisions of this Chapter which can be given effect
without the invalid provision or application and, to this end, the
provisions of this Chapter are hereby declared to be severable.
SECTION 3. This Ordinance shall take effect as provided
by law.
MOVED, PASSED AND ADOPTED this 14th day of February
1994.
MAY OF THE CIT' 1 BEAUMONT
ATTEST:
CERTIFICATION
I, Dayle Keller, City Clerk of the City of Beaumont, DO HEREBY
CERTIFY, that the foregoing Ordinance was introduced at a regular
meeting of the City Council of said City held on January 24
1994, and was duly adopted upon second reading on February 14
1994, upon the following roll call vote:
AYES:
NOES:
Council Members Berg, Brey, Parrott, Russo and
Mayor Leja.
None.
ABSTAIN: None.
ABSENT:
(S E A L)
None.
4/
CITY CLERIC, CITY OF BEAUMONT
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