Unless the contrary is stated or clearly appears from the context, the following definitions will govern the construction of the words and phrases used in this chapter. Words and phrases undefined in this code have the same meaning as set forth in Title 8 of the Public Health Code of Los Angeles County as amended by this code (see MPMC Section 6.04.010).
means an owner, operator or employee, at least eighteen years
of age, who has successfully passed an approved and accredited food
safety certification examination and who supervises all or part of
the food service operations within a food establishment and is responsible
for training the operation's employees in the areas set forth in Section
11.11.190 of the Los Angeles County Code as it currently exists or
hereafter may be amended.
means: (1) posted in the front window of the establishment
or posted in a display case mounted on the outside front wall of the
food facility within five feet of the front door; or (2) posted in
a display case mounted on the outside front wall of the establishment
within five feet of the front door; or (3) posted adjacent to the
pass out window on a mobile food facility, or on the customer service
side of an unenclosed mobile food facility; or (4) posted in a location
as directed and determined in the discretion of the health officer
to ensure proper notice to the general public and to patrons. In the
event that a food establishment is operated in the same building or
space as a separately licensed or permitted business, or in the event
that a food establishment shares a common patron entrance with a separately
licensed or permitted business, or in the event of both, "clearly
visible to the general public and to patrons" means the initial patron
contact area or a location as determined in the discretion of the
health officer.
means the county of Los Angeles department of health services.
means the director of the county of Los Angeles department
of health services or duly authorized designee.
means a food facility as defined in California Health and
Safety Code Section 113789 including, without limitation, a mobile
food facility.
means and includes all persons employed by, or working in
a voluntary or nonpaid capacity, for a food establishment wherein
the person handles, touches, cleans, stores, packages, prepares, or
otherwise processes food or potentially hazardous food.
means a certificate issued by the department, certifying
that a food handler has satisfactorily demonstrated competency in
food protection and practices by passing a written examination administered
by the department or by completing a food handler's training course
approved by the director.
means the written notice prepared and issued by the health
officer after conducting an inspection of a food facility to determine
quarantines, rules, regulations or directives relating to the public
health.
has the same meaning as set forth in Los Angeles County Code
Section 8.04.225.
means the city manager, or designee, and an employee of the
county of Los Angeles department of health services appointed to a
position responsible for conducting health inspections of food establishments
in the city.
means a card that must be posted at a food establishment,
upon completion of a routine or owner-initiated inspection, that indicates
the total numerical percentage score for the food establishment as
determined by the health officer and as set forth in the food official
inspection report.
means a card that must be posted at a food establishment
upon completion of a routine or owner-initiated inspection that indicates
the letter grade of the food establishment as determined by the health
officer using the scoring method set forth in this chapter.
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 facility" does not include a "transporter"
used to transport packaged food from a food facility, or other approved
source to the consumer.
means a public notice that may be posted by the health officer
at a food establishment upon suspension or revocation of the establishment's
public health permit and that results in the immediate closure of
the establishment and the discontinuance of all operations of the
food establishment, by order of the health officer, because of violations
of applicable federal, state and local statutes, orders, ordinances,
quarantines, rules, regulations or directives relating to the public
health.
means an inspection conducted by the health officer pursuant
to a request from the food establishment, following a routine inspection,
to determine compliance with all applicable federal, state and local
statutes, orders, ordinances, quarantines, rules, regulations or directions
relating to public health.
means those foods set forth in California Health and Safety
Code Section 113845 as it currently exists or hereafter may be amended.
means a toilet and handwashing facility as required by Health
and Safety Code Section 114315 for mobile food facilities and must
be in working condition and located in a commercial facility.
means a periodic, unannounced inspection of any food establishment
to determine compliance with all applicable federal, state and local
statutes, orders, ordinances, quarantines, rules, regulations or directions
relating to public health. A routine inspection shall not mean an
inspection conducted by the health officer to determine compliance
with a previously issued food official inspection report or any interim
or owner-initiated inspection conducted to determine compliance with
specific relations or legal requirements.
(Ord. 1953 § 1, 1999; Ord. 2146 § 2, 2018)
Upon completion of a routine inspection, or owner-initiated
inspection, of a food establishment, the health officer shall complete
a food official inspection report and shall assign a grade to the
food establishment based upon the final numerical percentage score
set forth in the food official inspection report, as follows:
(a)
A
grade of "A" shall indicate a final score of ninety percent or higher
as determined by the health officer.
(b)
A
grade of "B" shall indicate a final score of less than ninety percent
but not less than eighty percent as determined by the health officer.
(c)
A
grade of "C" shall indicate a final score less than eighty percent
but not less than seventy percent as determined by the health officer.
(Ord. 1953 § 1, 1999)
(a)
Upon
issuance by the health officer, the health officer shall post at every
food establishment, the letter grade card, the inspection score card,
or both, as determined by the health officer, so as to be clearly
visible to the general public and to patrons entering the establishment.
For food establishments earning a final score of less than seventy
percent, the inspection score card only shall be posted.
(b)
Every
food establishment 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 establishment:
Any public health concerns regarding this establishment should
be directed to the County of Los Angeles, Environmental Health Office,
located at: (local office address and telephone number to be provided
by the Health Officer)
(Ord. 1953 § 1, 1999)
The posted letter grade card, inspection score card, or both, shall not be defaced, marred, camouflaged, hidden or removed. It is unlawful to operate a food establishment unless the letter grade card, the inspection score card, or both, as determined by the health officer, is or are in place in a location clearly visible to the general public and to patrons both, is a violation of this chapter and may result in the suspension or revocation of the public health permit and shall be punishable as specified in Section 6.05.220.
(Ord. 1953 § 1, 1999)
The food official inspection report, upon which the letter grade
card, the inspection score card, or both, are based, and all subsequent
reports issued by the health officer, shall be maintained at the food
establishment and shall be available to the general public and to
patrons for review upon request during regular business hours. The
food establishment shall keep the food official inspection report
and all subsequent reports until such time as the health officer completes
the next routine or owner-initiated inspection of the establishment
and issues a new food official inspection report.
(Ord. 1953 § 1, 1999)
A letter grade card, an inspection score card, or both, shall
remain valid until the health officer completes the next routine inspection
of the food establishment or until an owner-initiated inspection is
conducted so long as the owner-initiated inspection is conducted pursuant
to procedural and administrative guidelines established by the department
for issuance of new grades prior to the next routine inspection.
(Ord. 1953 § 1, 1999)
(a)
Upon
issuance of a written notice of suspension or revocation of a public
health permit by the health officer, the health officer shall post
a notice of closure at the food establishment so as to be clearly
visible to the general public and to patrons.
(b)
Upon
issuance of the written notice of suspension or revocation of the
public health permit by the health officer, the food establishment
shall immediately close to the general public and to patrons and shall
discontinue all operations until the public health permit has been
reissued or reinstated by order of the health officer or until the
establishment no longer operates as a food establishment.
(c)
The notice of closure shall remain posted until removed by the health officer. Removal of the notice of closure by any person other than the health officer or the refusal of a food establishment to close upon issuance of the written notice of suspension of the public health permit is a violation of this chapter and may result in the suspension or revocation of the food establishment's public health permit and shall be punishable as specified in Section 6.05.220.
(Ord. 1953 § 1, 1999)
In addition to all other requirements of applicable law including,
without limitation, requirements of the Vehicle Code as to operability
and safety, mobile food facilities must comply with the following:
(a)
No
vendors can conduct any vending operations other than sale of food
items for immediate consumption.
(b)
No
vendor will conduct vending operations from any device or vehicle
other than a mobile truck.
(c)
Mobile
food facilities cannot:
(1)
Be left unattended at any time;
(2)
Be parked or placed within fifteen feet of any right-of-way other
than a street;
(3)
Be permitted as a permanent or proprietary location on any property
within the city;
(4)
Leave equipment on site for overnight storage; and
(5)
Be parked or placed within twenty-five feet of the entrance or exit
to any building.
(d)
No
sale of food items in glass containers is permitted.
(e)
No
vendor can ring bells, play chimes, play an amplified musical system,
or make any other notice to attract attention to its business while
operating within city limits.
(f)
Signage
placed on the mobile unit is limited to one sign not to exceed twenty-four
square feet.
(g)
The
hours of operation for all mobile food facilities is limited to the
hours that the adjacent on-site, permanent business is open.
(h)
Restroom
Facilities.
(1)
Every mobile food facility must either provide a toilet and handwashing
facility or provide evidence to a health officer that it is within
two hundred feet of a private restroom. If the mobile food facility
is utilizing a private restroom, it must also provide evidence to
a health officer that the owner of the private restroom and the property
owner granted permission to the mobile food facility's patrons and
employees to use the private restroom.
(2)
For private restrooms, the mobile food facility must also enter into
a hold harmless agreement, in a form approved by the city attorney,
that defends and indemnifies the city from any claim from employees
or patrons using the private restroom. Such hold harmless agreement
must be secured with sufficient insurance as required by city council
resolution.
(Ord. 2146 § 4, 2018)
Effective January 1, 2000, each food establishment shall have at least one certified food handler. For purposes of this section, multiple contiguous food establishments permitted within the same site and under the same management, ownership or control shall be deemed to be one food establishment, notwithstanding the fact that the food establishments may operate under separate permits. Failure to have a certified food handler shall be grounds for the suspension or revocation of the food operation's public health permit and shall be punishable as set forth in Section 6.05.220.
(Ord. 1953 § 1, 1999)
(a)
Every
person desiring certification as a certified food handler shall file
with the department an application for certification, accompanied
by an application fee as set forth by the department. Upon application,
each person desiring certification shall provide:
(1)
Proof of successful completion of a food handler's training course
approved by the department;
(2)
A food handler's training certificate which indicates passage of
an examination developed and administered by the Center for Occupational
and Professional Assessment of the Educational Testing Service; or
(3)
Any other food handler's training certificate which, in the discretion
of the director, is equivalent to that in subsection (a)(1) or (2)
above.
(b)
Alternatively to subsection (a) of this section, any person desiring certification as a certified food handler, upon payment of an examination fee, may take an examination administered by the department. The department shall certify only those persons who receive a score of seventy-five percent or higher on its examinations. The payment of any examination fee shall be in addition to the application fee set forth by department.
(Ord. 1953 § 1, 1999)
Any food handler's training course taken by a person desiring
certification as a certified food handler shall be a minimum of four
hours in duration. The course of instruction shall include, but not
be limited to, the following subject matter: microorganisms, sources
of foodborne illness microorganisms, foodborne illness, the means
by which food is contaminated by microorganisms and toxic substance,
the methods for protection of food to prevent foodborne illnesses,
personal hygiene for food handlers, proper utensils and equipment
washing and sanitizing, and proper receiving and storage of food.
(Ord. 1953 § 1, 1999)
Persons who operate more than one food establishment shall be required to have a certified food handler at each operation, unless otherwise exempted under Section 6.05.090.
(Ord. 1953 § 1, 1999)
Food establishments that deal exclusively in nonpotentially
hazardous prepackaged food and beverages or food establishments required
by the department to have only temporary operating permits shall be
exempt from the certified food handler requirements of this chapter.
(Ord. 1953 § 1, 1999)
The food handler's training certificate shall be posted in a
conspicuous place within the food establishment, or in a location
designated and approved by the director.
(Ord. 1953 § 1, 1999)
A certified food handler who changes his or her place of employment
after obtaining a food handler's training certificate may display
the certificate in any other food establishment in which he or she
is subsequently employed. A food establishment that loses its certified
food handler must obtain another certified food handler within thirty
days.
(Ord. 1953 § 1, 1999)
The department shall maintain a current list of all certified
food handlers within the county of Los Angeles.
(Ord. 1953 § 1, 1999)
The food handler's training certificate shall be valid for the
time period set forth by the department. Upon the expiration of the
food handler's training certificate, all persons must re-apply for
a new certificate in accordance with the procedures for obtaining
a new certificate as set forth in this chapter.
(Ord. 1953 § 1, 1999)
The director, upon a showing of good cause, may issue a duplicate
food handler's training certificate upon payment of a duplicate certificate
fee.
(Ord. 1953 § 1, 1999)
(a)
The
director may immediately revoke any food handler's training certificate
when any of the following is found to exist within a food establishment
which is operated by or under the supervision of a certified food
handler:
(1)
Evidence indicating repeated or continuing violations of required
procedures and practices in the preparation, service, storage, distribution
or sale of food or beverage offered for public consumption;
(2)
Any condition detrimental to the public health, which shall include
but not be limited to any condition that can cause food infection,
food intoxication, disease transmission or any hazardous condition
including, but not limited to, unsafe food temperature; or
(3)
Evidence indicating falsification of information required by the
department for issuance of the food handler's training certificate.
(b)
The
director shall issue a notice to the certified food handler setting
forth the acts or omissions with which he or she is charged and informing
him or her of the right to a hearing, if requested, to show cause
why the certificate should be reinstated.
(Ord. 1953 § 1, 1999)
(a)
Any certified food handler whose certificate has been revoked may make a written request with the department for hearing within fifteen calendar days after receipt of the notice specified in Section 6.05.190 to show cause why the certificate should be reinstated. A failure to request a hearing within fifteen calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the director may order a hearing at any reasonable time within this fifteen day period to expedite the certification revocation process.
(b)
The
hearing shall be held within fifteen calendar days of the receipt
of the request for hearing. Upon written request of the certified
food handler, the director may postpone any date, if circumstances
warrant such action.
(c)
An
environmental health services manager for the department shall preside
over any hearing requested under this section.
(Ord. 1953 § 1, 1999)
The director shall issue a written notice of decision to the
certified food handler within five working days of the hearing. The
notice of decision shall specify the acts or omissions with which
the certified food handler is charged and shall specify either that
the certificate remains revoked or that it has been reinstated.
(Ord. 1953 § 1, 1999)
Notwithstanding any other provision of this chapter, violation
of this chapter is a misdemeanor and is punishable as set forth by
this code.
(Ord. 1953 § 1, 1999)
