HomeMy Public PortalAboutOrdinance 747ORDINANCE NO. 747
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT,
CALIFORNIA PROVIDING FOR THE REGULATION OF FOOD ESTABLISHMENTS
AND FOOD FACILITIES
WHEREAS, the CLu ty of Riverside Department of
Environmental Health regulates, permits, grades and inspects food
establishments and food facilities in the County and in the City
of Beaumont; and
WHEREAS, the County of Riverside Department of
Environmental Health has requested that the City Council of the
City of Beaumont adopt this Ordinance to establish City
regulations which are in accordance with such regulations as
adopted by the Riverside County Board of Supervisors and the City
Councils of a majority of the incorporated cities in Riverside
County; and
WHEREAS, the City of Beaumont relies upon and will
continue to rely upon the County Department of Environmental
Health for regulating, permitting, grading and inspection of food
establishments and facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT
HEREBY ORDAINS AS FOLLOWS:
SECTION 1: A new Chapter 8.01 is hereby added to the
Beaumont Municipal Code to read as follows:
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
CHAPTER 8.01
Definitions
Grading
Inspections
Permits
Criminal Penalties
Public Nuisance Declaration
Civil Penalties
Right of Inspection
Severability
8.01.010: DEFINITIONS. The following definitions
shall apply in the interpretation and enforcement of this Chapter.
A. "Food Establishment" shall mean a food
establishment as defined in the California Uniform Retail Food
Facilities Law, Section 27520 of the California Health and Safety
Code. These are commonly referred to as restaurants, markets,
delis or similar operations.
Page 1
D. It shall be unlawful to operate a food
establishment unless the Grade Card is placed 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
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.
8.01.04 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.
Page 3
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 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 County of Riverside 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 27522 of the California Health and Safety Code.
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.
Page 2
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. Pursuant to
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.
Page 4
Ordinance No. 747
SECTION 3. This ordinance shall take effect as
provided by law.
ADOPTED this 27th day of June, 1994 by the following
vote:
Ayes: Mayor Jan Leja and Council Members Berg and
Brey.
Noes: None.
Abstentions: None.
Absent: Mayor Pro Tem Parrott and Council Member
Russo.
ATTEST:
11:0,
t ' Clerk
ice Leja, Mayor
ORDINANCE CERTIFICATION PAGE
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )
CITY OF BEAUMONT
)
I, JOYCE SNIDER, Deputy City Clerk of the City of Beaumont,
California, do hereby certify that the whole number of members of
the City Council of the City of Beaumont is five; that Ordinance
No. 747 was introduced at a regular meeting of the City Council of
said City on June 13, 1994 and was duly adopted by the City
Council at a regular meeting of the City Council on June 27, 1994
by the following vote:
Ayes: Mayor Jan Leja and Council Members Berg and
Brey.
Noes: None.
Abstentions: None.
Absent: Mayor Pro Tem Parrott and Council Member
Russo.
Witnessed by my hand and the seal of the City of Beaumont,
California on June 28, 1994.
J•' S'IDER,
e•uty City Clerk
City of Beaumont, California
AFFIDAVIT OF PUBLICATION (2015.5 C.C.P.) (This Space for Clerk's Filing Stamp)
COMMUNITY ADVISER NEWSPAPER
State of California
) ss.
County of Riverside
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years and not
a party to or interested in the above -
entitled matter. I am the principal
clerk of the printer of The Community
Adviser, a newspaper printed and
published weekly in the City of
Beaumont, County of Riverside, and
which newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Riverside, State of California, under
date of April 2, 1990, Case Number
203688, that the notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to -wit:
Published on: Co
all in the year 1
//c/9""I
9
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Signature
Date: l� 19_qV
at Beaumo California.
STICE TO THE OF BEAUMONT, CA.
In accordance with
Government Code Section
39633(c) (1), a summary of
OrdinanceNo.Ns. 747
Cintroduced
y dCo ncil one Beaumont
6/13/94 is
set forth herein below:
A SUMMARY OF
ORDINANCE NO. 747
AN ORDINANCE CITYILTHE
CITY OF BEAUMONT, CA.
ORDINANCE No. 747 adds
Chapter 8.01 to the
Beaumont Municipal Code
providing for the regulation of
food establishments and
tood tacilities through; food
efining
establishments, food
facilitesenforcement
officer,
food preparation and
official Inspection form; 2)
The inspection and grading
of food establishments and
facilities, using
an sof ng
s
mmethod; 3) 9
Grade Card; 4) Inspection of
food
regularestabs at
iintervals le and
Issuance of penalties tor
infringement of requirements;
5) A requirement for a permit
in order to operate a food
establishment and 6) Cites
civilcriminal and Chapterpenalties
tor violations of 801
of the Beaumont Municipal
Code.
A copy of Ordinance no. ;747
is available for public review
In the office of the Beaumont
City Clerk, 550 East Sixth
Street, Beaumont, Ca.
Ordinance No.
ad7o4p7i will be
iconsideredCouncil meeting to be
held June 27, 1994
Date:: June 14, 1994
Joyce Snider Deputy City
Clerk
City of Beaumont Ca
Publish in the Community
Adviser 6/16/94"
AFFIDAVIT OF PUBLICATION (2015.5 C.C.P.)
COMMUNITY ADVISER NEWSPAPER
State of California
) ss.
County of Riverside
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years and not
a party to or interested in the -
entitled matter. I am the l+:,n� IIT:r
clerk of the printer of The Community
Adviser, a newspaper printed and
published weekly in the City 01
Beaumont, County of Riverside, and
which newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Rierside, State of California, under
date of April 2, 1990, Case Number
203688, that the notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to -wit:
Published on: F go/9 y
all in the year 994
(This Space for Clerk's Filing Stamp)
NOTICE TO THE CITIZENS
OF BEAUMONT, CA
In accordance with Government
Code Section 39633(c)(1), a
summary of Ordinance Nos. 747
OddpeHtlet the BbaNm6 t Cl y
Council on 6/27/94 is set forth
herein below:
A SUMMARY OF
ORDINANCE NO. 747
AN ORDINANCE OF THE
CITY COUNCIL
CITY OF BEAUMOIff, CA
ORDINANCE No. 747 adds Chapter
8.01 to the Beaumont Municipal
Code providing tor the regulation of
food establishments and food
facilities through: 1) Defining food
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
.104 / '.Le
Signa ure
Date: , 19
at Beaumont, alifornia.
establishments, food facilities,
enforcement officer, food
preparation and official inspection
Corm: 2) The inspection and grading
of food establishments and facilities,
The ordinance was adopted by the
following vote:
AYES: MAYOR LEJA
AND COUNCIL
MEMBERS BERG
using a scoring method; 3) Posting w ! 1 AND BREY.
of a Grade Gard; 6)4:uneaten 4k#44110444 *s NOM— ..• -----
1 00
----
tood estabilshmfnts/fadlltles at "411NTIONS ' NONE
regular Intervals and Issuance of ABSENT: MAYOR PRO
penalties tor Infringement of TEM PARROTT
AND COUNCIL
MEMBER RUSSO
requirements; 5) A requirement tor
a permit in order to operate a food
establishment and 6) Cites criminal
and civil penalties for violations of
Chapter 8.01 of the Beaumont
Municipal Code.
A copy of Ordinance No. 747 Is
available for public review In the
office oI the Beaumont City Clerk,
550 East Sixth Street, Beaumont,
CA.
Date: June 28, 1994 •
Joyce Snider
Deputy City Clerk
City of Beaumont, CA
Publish to The Comm* Advisor
6/30/94
AFFIDAVIT OF PUBLICATION (2015.5 C.C.P.) (This Space for Clerk's Filing Stamp)
COMMUNITY ADVISER NEWSPAPER
State of California
) ss.
County of Riverside
I am a citizen of the United States and a
resident of the County aforesaid; I am
over the age of eighteen years and not
a party to or interested in the above -
entitled matter. I am the principal
clerk of the printer of The Community
Adviser, a newspaper printed and
published weekly in the City of
Beaumont, County of Riverside, and
which newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Riverside, State of California, under
date of April 2, 1990, Case Number
203688, that the notice, of which the
annexed is a printed copy (set in type
not smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in any
supplement thereof on the following
dates, to -wit:
Published on: 5,40 V
all in the year 19911
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Signature
Date: , 19_ PV
at Beaumont, Calornia.
NOTICE TO THE CITIZENS
OF BEAUNIOMT, CA,
A public hearing will be held by the
Beaumont City Council as follows:
Dab: June 13,1994
Time: 6:00 p.m.
Placa: City Council Chambers
550 East Sixth Street,
Beaumont, CA
The City Council will hold a public
hearing to consider the Introduction
of an ordinance providing for the
regulation of food establishments
and food facilities. Members of the
public are invited to attend the
hearing and are welcome to
comment regarding the ordinance to
be introduced. A copy of the
proposed ordinance is available for
review In the oltice of the City
Clerk at 550 East Sixth Street,
Room 4, Beaumont. For additional
information, please call Deputy City
Clerk Joyce Snider at 845-4321
Dated: May 18,1994
Joyce Slider
Deputy City Clerk
City of Beaumont, CA
Published in The Co munity
Adviser 5/26/94