HomeMy WebLinkAbout2012-12-11; City Council; CS-198; Mobile Food Facilities Grading Program MCA 12-04...1
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ORDINANCE NO. CS-198
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING TITLE 6,
CHAPTER 6.02, OF THE CARLSBAD MUNICIPAL CODE
TO ADOPT BY REFERENCE SECTIONS 61.101
THROUGH 61.115 OF CHAPTER 1, DIVISION 1,TITLE 6
OF THE SAN DIEGO COUNTY CODE OF REGULATORY
ORDINANCES REGARDING A MOBILE FOOD FACILITIES
GRADING PROGRAM.
CASE NAME: MOBILE FOOD FACILITIES GRADING
PROGRAM
CASE NO.: MCA 12-04
WHEREAS, the Board of Supervisors for the County of San Diego recently
adopted a significant revision of its regulatory ordinances to include mobile food facilities in
their food grading program; and
WHEREAS, fixed location food facilities throughout San Diego County are
cunrently scored against food safety criteria by County inspectors, and assigned a letter
grade based on that score, and mobile food facilities are not graded; and
WHEREAS, the County is extending the letter grade system cun-ently used
for restaurants to mobile food facilities to improve public notification; help customers easily
identify vendors in good compliance, and provide more infonnation about the overall
condition of the mobile food facility to make safe dining choices; and
WHEREAS, mobile food facilities operate in multiple jurisdictions
throughout the San Diego area and grading is a regional program in each County
unincorporated area and City, not a state law program; and
WHEREAS, establishing an effective grading system for mobile food
facilities requires cooperation across city boundaries, allowing the County the authority to
enforce posting of letter grades in all local jurisdictions; and
WHEREAS, This ordinance provides for City cooperation in a coordinated
regional program by (1) adopting the County changes to the restaurant grading ordinance
by reference; and (2) by requiring that grade cards be posted by mobile food facilities that
prepare food and that operators of those facilities pay permit fees to provide cost recovery.
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NOW THEREFORE, the City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 6, Chapter 6.02, of the Carlsbad Municipal Code is
amended to read as follows:
Chapter 6.02 - COUNTY CODE
Sections:
6.02.010
6.02.020
6.02.030
6.02.040
HEALTH AND SANITATION
Adopted by reference - Interpretation.
Violation.
Health permit fees.
Operation of mobile food preparation units.
6.02.010 Adopted by reference - Interpretation.
A. The following Divisions and Chapters of Title 6 of the San Diego County Code
of Regulatory Ordinances, as amended, and relating to the subjects of health and
sanitation are adopted by reference as part of this code:
Division 1 Food
Division 4 Disease Control
Division 5 Permit Fees and Procedures for Businesses and Health Regulated
Activities.
Division 6 (Limited only to the following chapters):
Chapter 1 Applications, Permits and Fees
Chapter 6 Bathhouses
Chapter 9 Enforcement of State Housing Law
Chapter 10 Permits for Apartments and Hotels
Division 7 (Limited only to the following chapters):
Chapter 3 Public Swimming Pool Plans
Chapter 4 Weils
Division 8 (Limited only to the following chapters):
Chapter 3 Septic Tanks and Seepage Pits
Chapter 6 Septic Tanks and Cesspool Cleaners
Chapter 12 Medical Wastes
Division 9 Unsanitary Premises
B. Title 6, Division 1, Chapter 1, Section 61.101, of the San Diego County Code of
Regulatory Ordinances, as amended by Ord. No. 10218 (N.S.), effective 8-25-12, relating
to mobile food facilities specifically establishing a grading system similar to that used to
rate restaurants is adopted by reference and incorporated as part of this code, except that
whatever provisions thereof refer to a County of San Diego board, territory, area, agency,
official, employee, or othenvise it shall mean the con-esponding board, tenitory, area,
agency, official, employee, or othenvise of the City, and if there is none, it shall mean that
the County is acting in the same capacity on behalf of the City. A copy of the referenced
County of San Diego ordinance is on file in the City Clerk's Office.
C. The definition of "apartment house" in Section 66.1001 of Division 6 of Title 6 of
the County Code of Regulatory Ordinances shall not include an ownership on an occupied
condominium. "Condominium" is defined as an estate of real property consisting of an
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undivided interest in common in a portion of a parcel of real property together with a
separate interest in space in a residential building on such property.
D. Section 67.301 of Division 7 of Title 6 (Review of Plans for Public Swimming
Pools - Fee) is not adopted.
6.02.020 Violation.
A. The provisions of Chapter 1.08 of this code shall apply to any violation of this
chapter. When County of San Diego, Department of Environmental Health (DEH) initiates
an enforcement action against a person operating a mobile food facility without a permit
required by California Retail Food Code (CRFC), pursuant to County Code of Regulations
Section 61.105, the department may recover its enforcement costs from the violator, up to
a maximum of three times the cost of the pennit. After the enforcement activity has been
completed, DEH may send the violator a penalty assessment for its enforcement costs.
The violator shall pay the assessment within 15 days from the date of the assessment or
at the time the violator applies for the permit, whichever occurs first.
6.02.030 Health pennit fees.
A. Ail persons and businesses required to obtain a health-related permit or related
service from the DEH pursuant to this code shall pay the County the fee established in the
County Code for that permit or service, including delinquent payment fees.
6.02.040 Operation of mobile food preparation units.
A. No person shall drive or operate a mobile food preparation unit on any public
street or private property unless all persons within such vehicle are seated.
B. No person shall drive or operate a mobile food preparation unit on any public
street or private property while cooking or food preparation is going on in such vehicle.
EFFECTIVE DATE: This ordinance shall be effective thirty (30) days after its
adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to
be published at least once in a newspaper of general circulation within fifteen (15) days
after its adoption.
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INTRODUCED AND FIRST READ at a regular meefing of the Carlsbad City
Council on the 4th day of December 2012; and thereafter,
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Carisbad on the 11th day of December 2012, by the following vote to wit:
AYES: Council Members Hail, Kulchin, Blackbum, Douglas, Packard.
NOES: None.
ABSENT: None.
APPROVED AS TO FORM AND LEGALITY
BALL, City Attomey
ATTEST
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