HomeMy Public PortalAboutOrdinance 628ORDINANCE NO. 628
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BEAUMONT, CALIFORNIA, AMENDING CHAPTER 8.04 OF THE BEAUMONT
MUNICIPAL CODE RELATING TO FOOD HANDLERS
THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA
DOES HEREBY ORDAIN AS FOLLOWS:
8.04.010
the same
and the
Code to
SECTION 1: That Ordinance No. 323 and Sections
through 8.04.080 of the Beaumont Municipal Code be, and
hereby are, repealed.
SECTION 2: That Sections 8.04.010 through 8.04.120 be,
same are, added to Chapter 8.04 of the Beaumont Municipal
read as follows:
CHAPTER 8.04
FOOD HANDLERS
Section 8.04.010. Purpose and Intent. It is the
purpose and intent of this chapter to prevent the spread of
infectious disease and to attain a uniform standard by requiring
all food handlers in the City to demonstrate through process of
examination that they possess an adequate knowledge of the
sanitary principles and practices within the food industry.
Section 8.04.020. Definitions. As used in this
chapter, the following words and phrases shall have the following
meanings:
A. "Food worker's certificate" means a statement
issued by the health officer certifying that a person is free
from active communicable tuberculosis in a manner acceptable to
the health officer, and has satisfactorily demonstrated his or
her competency in food sanitation principles and practices.
B. "Food Worker's Manual" means the manual prepared
and distributed to food handlers by the health officer that
describes acceptable procedures and sanitary practices as it
pertains to the retail food service industry.
C. "Health officer" means the health officer of the
City, or his designated representative.
Section 8.04.030. Food Worker's certificate
Required.
No person shall engage or serve employment in any work,
occupation or employment which requires or occasions the handling
of any food, liquid or material intended for food or drink for
human consumption, who does not hold or produce a food worker's
certificate as required by this chapter within fourteen (14) days
after engaging or serving in such work, occupation or employment,
and no owner, manager or agent of such owner, or person in charge
of any establishment or business shall retain in the employ
thereof for the performance of such services, any person who does
not hold and produce a food worker's certificate as required by
this chapter within fourteen (14) days after such person engages
or serves in such employment.
Page 1
Ordinance 628
Section 8.04.040. Food Worker's Certificate
Exemption.
Any person who engages or serves or seeks employment
relating to domestic or household work or to temporary,
occasionally or intermittent functions of bona fide religious,
charitable or public service organizations, including fraternal
organizations, veterans' organizations, established youth
organizations, parent -teacher associations, or students in public
or private schools under the age of sixteen engaged in school
food operations, and civic or community organizations or groups,
the primary purpose of which is the betterment of the cultural,
social or economic welfare and environment of the community,
shall be exempt from the provisions of Section 8.04.030.
Section 8.04.050. Food Worker's Certificate
Application.
Any person who is engaged or intends to engage in an
occupation or employment for which a food worker's certificate is
required by Section 8.04.030 shall file with the health officer
an application for such certificate or a renewal thereof in such
form as the health officer may require, which application shall
be accompanied by a nonrefundable fee of five dollars, provided,
however, students sixteen years of age or older engaged in school
food operations are exempted from such.
Section 8.04.060. Food Worker's Certificate
Qualification.
To qualify for the issuance or renewal of a food
worker's certificate required by Section 8.04.030, the applicant
shall have demonstrated his or her knowledge or acceptable
practices in the sanitary preparation, service, storage,
distribution and sale of food and beverages and the proper
sanitation of equipment and facilities. Such demonstration of
knowledge shall be by satisfactorily passing an examination
conducted by the health officer on such subjects, based on the
practices and procedures set forth in the Food Worker's Manual.
A copy of the latest edition of the manual shall be made
available by the health officer to those persons applying for a
food worker's certificate or renewal thereof.
Section 8.04.070. Food Worker's Certificate
Issuance.
When qualified pursuant to Section 8.04.060, the
applicant shall be issued a food worker's certificate containing
the following information: certificate number, name, home
address, expiration date and attesting signature. Such
certificate shall expire two years after the date it was issued.
Section 8.04.080. Food Worker's Certificate
Duplicate.
A duplicate food worker's certificate, for good cause,
may be issued by the health officer for a fee of one dollar.
Section 8.04.090. Food Worker's Certificate
Revocation.
The food worker's certificate may be revoked by the
health officer upon evidence indicating repeated or continuing
violations of accepted practices and procedures in the
preparation, service, storage, distribution, or sale of food or
beverages, or upon evidence indicating falsification of
information required for issuance of such certificate.
Page 2
Ordinance 628
Section 8.04.100. Food Worker's Certificate -- Appeal.
Any person who has an application for a food worker's
certificate denied by the health officer, or who has had such a
certificate revoked by the health officer, may appeal such denial
or revocation by filing with the City Clerk within ten days after
the date of such denial or revocation, a written notice of appeal
briefly setting forth the reasons why such denial or revocation
is not proper. The clerk shall give notice of the time and place
of the hearing to the appellant.
Such appeal shall be heard by the City Council which
may affirm, amend or reverse the decision or take such other
action as it deems appropriate. In conducting the hearing, the
City Council shall not be limited by the technical rules of
evidence.
Section 8.04.110. Food Worker's Certificate
Display.
Any person required to have a food worker's certificate
shall immediately submit such certificate to his or her employer.
It shall be the duty of every such employer to keep on continuous
display at the place of employment the food worker's certificates
of all such persons employed or engaged therein, and to display
therewith a current list of all such persons therein engaged or
employed for comparison with such certificates. Upon termination
of employment, such unexpired certificate shall be returned to
the holder.
Section 8.04.120. Violation -- Penalty.
Any person violating any of the provisions of this
chapter shall be guilty of an infraction and upon conviction
thereof shall be punished by a fine not exceeding fifty dollars
for the first violation; a fine not exceeding one hundred dollars
for the second violation within one year; a fine not exceeding
two hundred fifty dollars for each additional violation within
one year. Each day such violation is committed or permitted to
continue shall constitute a separate offense.
SECTION 3: The City Clerk shall certify to the passage
and adoption of this Ordinance and shall cause the same to be
published in the Record -Gazette, a newspaper of general
circulation in the City of Beaumont, and the same shall be in
full force and effect thirty (30) days after its adoption.
MOVED, PASSED AND ADOPTED this
1986.
Page 3
12th day of
May
MAYOR OF THE CITY OF BEAUMONT
Ordinance 628
CERTIFICATION
I, Irene Joyce Sweeney , 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 the 28th day of April , 1986, and was duly
adopted upon the second reading on the 12th day of
May , 1986, upon the following roll call vote:
AYES: Councilmen Partain, Shaw, Waller and Mayor Mitchell.
NOES: None.
ABSTAIN: None.
ABSENT: Councilman Russo.
Page 4
ITY OF BEAUMONT