RPVCCA_SR_2011_04_19_07_Code_Amd_Food_VendorsCITY OF
MEMORANDUM
RANCHO PALOS VERDES
TO:
FROM:
DATE:
SUBJECT:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
CAROL W.LYNCH,CITY ATTORNEY ~.
APRIL 19,2011 \Y--..
ORDINANCE TO AMEND SECTION 8.32.010 OF CHAPTER 8.32 OF
THE RANCHO PALOS VERDES MUNICIPAL CODE TO
INCORPORATE NEW COUNTY REQUIREMENTS RELATING TO
LETTER GRADING,ROUTE LOCATION DISCLOSURE AND ANNUAL
CERTIFICATION OF MOBILE FOOD FACILITIES
RECOMMENDATION
Review the draft ordinance and take the following actions:
(1)Read by title only and Introduce Ordinance No._,An Ordinance of the City of
Rancho Palos Verdes,amending Section 8.32.010 of Chapter 8.32 of Title 8 of
the Rancho Palos Verdes Municipal Code and adopting by reference the current
version of the Los Angeles County Public Health Licenses regulations as codified
in Division 1 of Title 8 of the Los Angeles County Code;and,
(2)Set a public hearing on the adoption of the County Code provisions for the
Regular City Council meeting on May 17,2011.
BACKGROUND/DISCUSSION
On October 19,2010,the Los Angeles County Board of Supervisors adopted County
Ordinance No.2010-0045,which enhances Los Angeles County's current public health
requirements for the inspection grading and posting of letter grades to include mobile
food facilities.County Ordinance No.2010-0045 became effective on November 18,
2010.The City desires to ensure County enforcement of the grading program for
mobile food facilities within the City through the adoption of a conforming City
ordinance.
The County's development of a grading program for mobile food facilities,as with
restaurants and food markets,is intended to minimize the risk of food-borne illness by
identifying high risk violations and bringing these conditions to the attention of the facility
owners and operators and the public.The use of letter grades or numerical percentage
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scores will provide the public with an easily recognizable method of making informed
choices based on the food safety practices found on the mobile facility at the time of
inspection.Additionally,the grading program will benefit the public by providing a
means to easily differentiate between illegal and legal food vendors.
The City has adopted by reference Division 1 of Title 8 of the Los Angeles County Code
as amended and in effect as of September 1,1998,which implements a grading
program for restaurants and food markets located within the City.The City's adoption
by reference of Division 1 of Title 8 of the Los Angeles County Code as amended and in
effect as of November 18,2010 will permit County Health Officers to implement the
County's Consumer Protection and Business Regulations within the City that relate not
only to the County's grading program for restaurants and food markets,but also to the
County's new letter grading,route location disclosure and annual certification
requirements for mobile food facilities.Specifically,the County's new grading program
for mobile food facilities requires:
(1)The posting of letter grades or inspection score cards on mobile food
facilities.
(2)The disclosure by owners/operators of mobile food facilities of route locations
detailing where the retail food businesses are being conducted;and
(3)An annual certification inspection of mobile food facilities and the issuance of
public health operating permits.
ATTACHMENTS
•Ordinance No.
•Los Angeles County Ordinance No.2010-0045
7-2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF RANCHO PALOS
VERDES AMENDING SECTION 8.32.010 OF CHAPTER
8.32 OF TITLE 8 OF THE RANCHO PALOS VERDES
MUNICIPAL CODE AND ADOPTING BY REFERENCE THE
CURRENT VERSION OF THE LOS ANGELES COUNTY
PUBLIC HEALTH LICENSES REGULATIONS AS
CODIFIED IN DIVISION 1 OF TITLE 8 OF THE LOS
ANGELES COUNTY CODE
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES ORDAINS
AS FOLLOWS:
Section 1.Findings and Purpose.
A.On October 19,2010,the Los Angeles County Board of
Supervisors adopted County Ordinance No.2010-0045,which enhances Los Angeles
County's current public health requirements for the inspection grading and posting of
letter grades to include mobile food facilities.
B.The County's development of a grading program for mobile food
facilities,as with restaurants and food markets,is intended to minimize the risk of
foodborne illness by identifying high risk violations and bringing these conditions to the
attention of the facility owners and operators and the public.The use of letter grades or
numerical percentage scores will provide the public with an easily recognizable method
of making informed choices based on the food safety practices found on the mobile
facility at the time of inspection.Additionally,the grading program will benefit the public
by providing a means to easily differentiate between illegal and legal food vendors.
C.County Ordinance No.2010-0045 became effective on November
18,2010.The County has asked the City to adopt an implementing ordinance in
Rancho Palos Verdes.
D.The City desires to ensure County enforcement of the grading
program for mobile food facilities within the City through the adoption of a conforming
City ordinance.
Section 2.Paragraph A of Section 8.32.010 ("Adoption of Los Angeles County
public health licenses regulations.")of Chapter 8.32 ("Adoption of Los Angeles County
Public Health Licenses Regulations")of Title 8 ("Health and Safety")of the Rancho
Palos Verdes Municipal Code is hereby amended to read as follows:
"A.Except as hereinafter provided,Division 1,entitled "Public Health
Licenses",of Title 8,of the Los Angeles County Code,as amended
and in effect on November 18,2010,is adopted by reference as the
public health licenses regulations of the city of Rancho Palos
Verdes and may be cited as such."
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7-3
Section 3.Severability.The City Council declares that should any provision,
section,paragraph,sentence,or word of this Ordinance be rendered or declared invalid
by any final court action in a court of competent jurisdiction,or by reason of any
preemptive legislation,the remaining provisions,sections,paragraphs,sentences and
words of this Ordinance shall remain in full force and effect.
Section 4.The City Clerk shall certify adoption of this Ordinance and shall
post or publish as required by law.
PASSED,APPROVED and ADOPTED this __day of ,2011.
Mayor
ATTEST:
City Clerk
State of California )
County of Los Angeles )ss
City of Rancho Palos Verdes )
I,Carla Morreale,City Clerk of the City of Rancho Palos Verdes,do
hereby certify that the whole numbers of members of the City Council of said City is five;
that the foregoing Ordinance No._passed first reading on April 19,2011,was duly
and regularly adopted by the said City Council of said City at a regular meeting thereof
held on May _,2011,and that the same was passed and adopted by the following roll
call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
City Clerk
-2-
R6876-0001\1341911 v1.doc
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ANALYSIS
This ordinance amends Title 8 -Cohsumer Proteetionand Business Regulations .
of the Los Angeles Oouhty Oode.rela-tingto the operation offoodfacUities by:
•Adding "mobile foodfl;lcility"to the definiticm of fOOd facility;
-Establishing a semiannual letter grading and scoring program for mobile
food facilities;
•Requiring owners of mobile food facilities end rnoblle support units to
disclose current route information to Depa.nmentof Public Hea.lth·to
provide the whereabouts ()ftransient.mobile food facilities and mobile
support units and thereby facilitate timelyinspeetions;and
•Establishing an annual certification inspection for rnobile food facilities and
mobile SllPport units to ensure that food equipment meets applicable
installation.·and di:lsignstandardsacoordihg to State law.
ANDREA SHERIDAN ORDIN
Oounty C nsel
By
DINE F.MEYER
Principal Deputy County Oounsel
Health Services Division
DFM:vn
3-17..10 (requested)
to-6"10 (reVised)
HOA.686989.1
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ORDINANCE NO.2010~0045
An ordinance amending Title 8 -ConsumerF'rotection and Business Regulations
of the Los Angeles County Code,relating to letter grading,route location disclosure and
ennualcertification for mobilefoodfeoiHties.
The Board of Supervisors of the County of Los Angeles ordains as fd!loWS:
SECTION 1,Seotion8.04.142 is hereby<amended to read as foUows:
8.04.142 Food facility.
"Food.facility"means any foodestc:tblisl1l1'lertt,IQod warehouse,rnilk warehouse,
mobiJerood facilitYl mobile support unit.vehicle,vending machine,swap meet
prepackaged food stand,mobile preparation unit,or any place usedinconjunclion with
the.operation of the above,inclUding,butnot Iirnitedto,slorage facilities for food
utensils,equipment,and materials.
SECTION 2.8eotion8.040200 is hereby amended to reed as follows:
8.04.200 Food vehicle,retail.
A..tlRetail food vehicle"means any motorized or nonmotorizedconveyence
or portable food service unit upon which prepackaged or approvedunpackaged 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 Motor Vehicles exempt;
5.Food salvage dIstributor vehicle;
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6.Fruit and vegetable vehicle;
7.Grocery distributor vehicle;
8.Independent ice distributorvehicle;
9.Independent retail meat vehicle;
10.Independent milk distributor vehicle,not a processor..owned milk
delivery vehicle;
11.Industrial catering vehicle;
12.Limited food vehicle;.1.from which the Ofloratar dispenses the food
items described inSestion 114265 oUhoGaAifomia HealthandSafoly Gode,aadwhioh
haseeen desi~ned,oonstFUoted.and eqt:lipped tepfevennheentranseof dt:lst,dEilbris
alldharbof'age af animals,birds and\'ermin,permitting stofageoQtof SOOfS at a
oommissary or other appro'lodJasUity;
13.UnpacKaged food vehicle;-l sush·asafoeSaaFt,from·vo'hiahtho
opotator dispen.sesthefeod items desoribedin Seotion 11426&01 the Galifernia.Health
andSaf.etYGode,anEl whish must eastorod insidaasommissQr:y or othorapprov.ad
faoility;
14.Prepackaged foodcaft,a.nonmotorized vehicle,from which the
operator dispen$es prepackage(.i and labeled food;
15.Any combination of the above;
16.Or any vehicle,inclUding.but not limited to,a mobile food facillty,
from whiCh animal food,bakery products,fish,shellfish,seafood,fruits,vegetables,
meats,poultry,preserves,jelly,relish,milk or other dairy products,food or food
HOA.686989.1 2
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products t ice or b~verages,whether in bulk,canned t wrapped,bottl~dt packagedt or
any other form,are sold or kept for sale at retail or are distributed to the consumer.
B.Vehicles owned.and operated by a fixed-location food market t restaurant
or other business having.a vaUd public health permit under this chapter to deliver food
products from said establishment to other locations shall not be reqUired to have a
separate public health permit under this chapter.
SSCTION3.Section 8.04.225 is hereby amended to read as folloWS:
8.04.2.25 Grading,scMlng method and letter grade card.
A."Grading"means the Jetter grade isSUed by the oounty h~aith offioeratthe
conolusion of the routine inspection of a food establi$t1meAt facility.The·grade shall be
based upon the scoring method set forth in this section resulting from the food official
inspection report and shall reflect the food establisnmenl'sfaciHty's degree of
compliance with all applicable federal,.state and local statutes,orders,ordinances,
quarantines,rules,regulations,or directives relating to the public health.
B.IlS coring methodll means a procedure used by the county health officer
Where a score is calculated by adding values.predefinedon the food official inspection
report for violati.ons that are observed during an inspection,and.SUbtracting that total
from 100.The resultingnumericaLsum,stated as aperoentage.constitutes the score
for the inspection.
lilC.II Letter grade card"means a card that may be posted by the county
health officer at a food establishmenUaciiity upon completion of a routine inspection
that indicates the letter grade of the establishmentfacility as determined by the county
HOA.686989.!3
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health officer using the scoring method set forth in this section.For the purposes of this
provision,a food esiablisAa:J.eAt facUitvshaU include afoodes-tabUahmeFlt facility
operating in conjUnction with a food processing estabHshment.Nothingin this ohapter
ahallprohibiUhe GOl:fAty healthoftieerfrom ar:eatingaAd l:fsing a lettergradeaaFG in
aombinatio.n 'A'ith·an inapeotiansGore.oaFS.The·oountyheaf.l:hoftioer,in his di6orelien,
shall determine )Nl1ether to post tho lettorgradooaro.ar4haiAspeotian saara aard,or
~
GD.The county health officer,ih hiS discretion,rrtay imrrtediatelycloseany
foodestablial1manUacility Which,upon completiOn of the routine inspection,does not
achieve at least a nOli grade as defined herein.Nothing in this provision shall prohibit
the county health officer from immediately closing any food establishmeAtfacility if,in
his discretion,immediateclosure.is necessary.to protect the pUblic health.
Q:E.The fetter grade fora food facility shall be based .upon the final
numerical percentage score set forth in the food official inspection report,as follows:
1.A grade of "A"shall indicate a final score of 90 percent or higher as
determined by the county health officer;
2.AgrEl.de of liB"shall indicate atinal score less than 90 percent but
not less thEl.n 80 percent·as determined by the county.health officer;
3.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.
SECTION 4.Section8.Q4.275 is hereby amended to read as follows:
8.04.215 Inspection score card.
HOA.686989.1 4
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A."lnS'pectionscore card"meansa·card that may be posted by the cpunty
health officer at a food establishment fa¢iUty.upon completion of a routine inspection,
that indicates the total numerical percentage score forthee8tasliGhment facirity as
determined by the county health officer and as setforth in the food official inspection
report.For the purposes of this provision,a foodestatlUshment facUityshaUinclude a
food esmslishmeAt facility operating in conjunction with a food processing
establishment.Nethit=l~illthis chapter shall prohibit the Gownt"health eftieerfrom
Gfeatingam:;tl:lsit=lg at=l it=lspestiot=lsoere oara.in eombihatiofl'l.lith alettorgrade caret.
The COl:lRty health QifioeF,.it=l his EtiSGFot:iot=l,·shall etetermine 'A'hothortopost tho
insp.estior-lseoro earet,tho lottorgraEtoElare,or both.
B.The county health officer,in his discretion,may immediately close any
foode8taefishmentfadlity which,upon completion of the routine inspection,achieves a
total numericalpercef1tage score less than 70percent.as set forth in Section 8..04.225.
Nothing in this prOVision shall prohibit the county health.officer from immediately closing
any food esmblisRmentfacility if,.in his discretion,immediate closure is necossary to
protect the public health.
SECTION 5.Section 8.04.306 is hereby added to read as foHows:
8.04.306 Mobile food 'facUlty.
"Mobilt9 food facility"means any vehicle used in conjunction with a.commissary
or other permanent food facility upon which food is sold or distributed at retail."Mobile
food facmty"does not include a "transporter"used to transport packaged food from a
food facility,or other approved source to the consumer.
HOA.686989.1 5
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SEcnON 6.Section8.04.311 is hereby added to read as 10Uows;
8.04.311 Mobile support unit.
"Mobile support unit"means 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 ana potable water,clean the interior of the
unit,or dispose of liquid or solid wastes.The county health officershall have the
discretion to score a mobile support unit pursuant tt:>the method set forth in Section
8.04.225.
SECTION 7.Section 8.04.337 is hereby amended to readasfoUows:
8.04.337 Notice of closur,e.
"Notice of closure"means a public notice that may be posted bytne county
health officer at a fOod eetablisl1moFlt facility uponsuspensicm or revocatiohof the
establisRmem'sfaci.lity's public health permitetndthat results in the immediate closure
of the eetablishmem facility and the discontinuance of .all operations of the food
establishment facility,by order of the county health otlicer,because of violations of
applicable federal,state and local statutes,orders,ordinances,quarant.ines,rules,
regula.tions,or directives relating to the public health,
SECTION 8.Section 8.04.403 is hereby added to read as follows:
8.04.403 Reute lecation.
The owner!operatorofa 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
HOA.686989.!6
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the retail food business is being conducted.The Mobile Facility Aoule Sheet shall be
maintained on flle 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
publiq health license or permit.
SECTION 9.Section 8.04.595 is hereby added to read as follows:
8.04.595 PubliC health Jicenseand eerrnit -Annual certification inspection.
The owner/operator of a mobile food facility or mobile support unitshaU obtain an
annual certification inspectiQn from theoounty health offiper.The enforCement a,gency
shall initially approve all mObile food facUitiesand mobilesupporlunJts as complying
with California Health and Safety Oode Chapters i-a,inclusive r 10 and 13.The county
health officer shallthenissueacertifieation 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 foodfacUity's or mobile support unit's current public health
operating perrrlit.Failure to secure an annual certification sticker shall result in a
suspension or revocation oftha public health license or·permit.
SECTION 10.Sectiona.04.752 is hereby amended to read as follows;
8.04.752 Posting requirements *-Penalty for noncompliance _.Documents
available for pUblic review.
A.Upon issuance by the county health officer,the health officer shall post at
every food estaeUshmont facility the lotter grade card,m:the inspection score card;-9f
HOA.686989.J 7
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~as determined by the county health officer,so as to be clearly viisible to the
general public and to patrons entering theestablishmontfaciUty."Clearly visible to the
general public and to patrons"means:
1.Pc>sted ini the front window c>fthe aslaglishmeAt food facility within
five §L feet of the front door or posted in a display case mounted on the outside front
waH of the food facility Within five (5)feet of the front dc>or;
2..F'estea ina aisplayoaso Rlol:olntod ontheol:oltsido front '.\'aU oUl1e
establishment \N~thinfivo footoUho front doerPosted.adjacent to the pass out window
on a mobile food facility..oronthe cystomer seMpe.side.otan unenclosed mobile fOod
facility;or
3.Posted in a location as directed and determined in the discl"etionof
the county health officer to ensure proper notico to the general public and to patrons.
B.In the event that a food establishmonUacilityis operated in tho same
building or space aSa separately Iiconsedor permitted business,or In the event that a
food establishment faQilitv shares a cbmmon patrc>nentra.nce with such a separately
licensed or permitted business,or in the event of bc>th,the county health officer shall
post the letter grade card;or the inspection score card,OF both,in the initial patron
contact area,orina location as determined in the discretion otthe county health officer.
C.The letter grade card and the inspection score card shall not be defaced,
marred,reproduced.copied1camouflaged,hidden or removed.It is unlawful to operate
a food estabUsl1moFlt facility unless the letter grade card.,.or the inspection score card;-&f
~as determined by the cbunty health officer,is ~in place as set forth
HOA.686989.1 8
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hereunder.Removal of the letter grade ca.rd.,.ot the inspection score card,or both,is a
viola.tion of this chapter and •may result in the suspensi.onor revocation of the public
health permit and shan be punishable as specified in $eotion8,04,930.
n.Every food·ast~blishmeAtfacility shall post a legIbly lettered sign Which
displays the following information so as to be clearly visible to the general pUblic and to
patrons entering the establishmomfacility:
Any public healthconcemsrogarding this establishmenUacHityshould bo
directed to the County of Los Angeles,Environmental Health office located at:
_________(local office address and telephone nunlber to be provided
by the county health offi.cer).
E.The food official inspectiQn report upon which the letter grade card.,.or the
inspection score card,or both,are isbasod and aU sUb$equent repQrts issued by the
county health .officer shaU.be maintained at thefoodestablishm.emfacUity ·andshall be
available to the general public and to patrons for review upon request The food
estabUshm.ent facility shall keep the food Qfficial inspection report and all subsequent
reports until sUCh time.astha county health officer completes the next routine inspection
oftheestablishment facility and issuas a new food official inspection report.
HOA686989.!9
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SECTION 11.Section 8.04.755 is hereby amended to read as follows:
8.04.755 Letter grade card and inspection scorecard-Period of validity.
A letter grade card~minspectjon scorecard,Qrbath,shafl remain valid until
the county health officer completes the next mutineinspectfonof thefoode&tablisRment
facility.
SeCTION 12.Section 8.04.943 Is hereby amended to read as follows:
8.04.943 Public health permit suspension orrevocation--Notice of closure.
A.Upon issuance of •.;a written notice ofsl,lspension or revocation of thePtiPUc
health permit by the county health officer,the health officer shall posta notice of closure
af the100d establlGAment facility so as to be clearly visible to the general pUblic and to
patrons.
B.Upon issuance of the written .notice of sLispenslonor revocation of the
public health permit by the county health otficer,the foodeGlablishmontfaclIity shall
immediately close to the general public and to patrons and shall dj$contlnueall
operations until the public health permit has been reissueq or reinstated by order of the
county health officer or until theosfabli$Amemt •facility no longeroperatss as a food
estataJi$hment facility.
C.The notice of closure shall remain posted until removed by the county
health officer.Removal of the notico of closure by any person other than the county
health officer or the refusal of afoodestablishmeAUacility to close upon Issuance ofthe
written notice of suspension of the public health permit is a violation of this chapter and
HOA,686989.J 10
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may result in the suspension or revocation of the food e~aliSRmont's .faciliWs public
health permit and shall be punishable as specified in Section 8.04.930.
[804069DMCCJ
HOA.686989.1 11
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SECTION 13.This ordinance shall be pUbJishedin
newspaper printed and published in the County of Los Angeles.
The Daily Commerce
Chair
ATTEST:
.·achi A Hamai
Executive Officer -
Clerk.ofthe Board of Supervisors
County of Los Angeles
I hereby certify that at its meeting of October 19 ••2010 the foregoing
ordinance was adopted by the Board of$uperviSOfs of said County of Los Angeles by the
folloWing vote,to wit
Supervisors
Ayes
Mark RidJey-Thomas Supervisors None-.;....;..;..;.;..:;;...--------
Zev Yaroslavsky
Don Knabe
Micha.eID.Antonovich
GlorIa Molina
November 1&,2010
IA Hamal
Executive Officer -
Cferkof the.Boardof Supervisors
County-of Los Angeles
By is./llm &J~
leehiKaPUT 4If
Chief Deputy County Counsel
APPROVED AS TO FORM:
ANDREA SHERIDAN ORDIN
County CounselGACHIA.H.""ViAl
Executive Officer
C the BC'ard of Su
/BY""'-~:"";;"""'"-7::----""_
I ht:;TZbj'CGttiG,4U';:..:t p~!tr;:uc;nt to
Section 25t03 cr thG (3(·'iornrnC;"itCC{!-:'~.
r:>;tHveryor :1osba~n f:13da.
S:\Ordinances\County Counsel\201 0\201 0-0045
7-17