Riverside County Ordinance No. 492.7, adopted on July 14, 1992,
is adopted and incorporated herein as if fully set out at length herein,
and the provisions thereof shall be controlling within the limits
of the City.
(Ord. 369 § 1, 1996)
The following definitions shall apply in the interpretation
and enforcement of this Chapter.
means a food establishment as defined in the California Uniform
Retail Food Law, Section 113780 of the California Health and Safety
Code. These are commonly referred to as restaurants, markets, delis,
or similar operations.
means 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.
means the Director of the Department of Environmental Health
Services and his or her duly authorized Environmental Health Specialists.
means food preparation as defined in Section 27522 of the
California Health and Safety Code.
means the form provided by the Department of Environmental
Health Services.
(Ord. 369 § 1, 1996; Ord. 463 § 4, 1999)
(a)
Grading
System. 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)
Grade "A." 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 Law, California Health and Safety Code, Section 113700,
et seq., and interpreted by the Enforcement Officer. Grade "A"
cards shall be printed in Blue on High-Impact White Styrene Plastic.
(2)
Grade "B." 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)
Grade "C." 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 post 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)
Size
of Grade Card. 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)
Placement
of Grade Card. The Grade Card shall be posted in a conspicuous place
selected by the Enforcement Officer, at or near the entrance to the
food establishment used by its patrons, and shall be removed only
by the Enforcement Officer.
(d)
Grade
Card Required. It shall be unlawful to operate a food establishment
unless the Grade Card is in place as posted by the Enforcement Officer
(e)
Exceptions.
Private schools, public schools, and food facilities and food establishments,
which are not engaged in food preparation, shall not be required to
post a Grade Card.
(Ord. 369 § 1, 1996; Ord. 463 § 4, 1999)
(a)
The
Inspection 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 Law, as amended, appearing in California Health and Safety
Code Section 113700 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 in receipt therefor. The Official
Inspection Form shall be posted in the same place as the business
license, liquor license, etc. are posted.
(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 Department
of Environmental Health Services.
(d)
If,
after 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 113950 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 113960 whenever he/she reasonably believes the facility or
establishment presents 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.
(Ord. 369 § 1, 1996; Ord. 463 § 4, 1999)
No person shall operate a food establishment or facility without
holding a valid permit issued by the Department of Environmental Health
Services. Application for a permit shall be made to the 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.
(Ord. 369 § 1, 1996)
(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 ordinance 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.
(Ord. 369 § 1, 1996)
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.
(Ord. 369 § 1, 1996)
Any person who willfully violates any provision of this Chapter
or any other rules or regulations adopted by the 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 and fifty dollars ($250.00) for each day
of the 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.
(Ord. 369 § 1, 1996)
Pursuant to California Health and Safety Code Section 113925,
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.
(Ord. 369 § 1, 1996; Ord. 463 § 4, 1999)
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
or 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.
(Ord. 369 § 1, 1996)
