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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