Loading...
HomeMy WebLinkAbout2012-12-04; City Council; 21065; Amendment Mobile Food Facilities MCA 12-04CITY OF CARLSBAD - AGENDA BILL AMENDMENT TO TITLE 6, CHAPTER 6.02 OF THE CARLSBAD MUNICIPAL CODE TO ADOPT BY REFERENCE THE SAN DIEGO COUNTY CODE MOBILE FOOD FACILITIES GRADING PROGRAM MCA 12-04 DEPT. DIRECTOR^ CITY ATTORNEY CITY MANAGER ^ RECOMMENDED ACTION: That the City Council hold a public hearing and INTRODUCE Ordinance No. CS-198 approving Municipal Code Amendment MCA 12-04 amending Title 6, Chapter 6.02 County Code (Health and Sanitation) of the Carlsbad Municipal Code to adopt by reference the Sections 61.101 through 61.115 of Chapter 1. Division 1, Title 6 ofthe San Diego County Code of Regulatory Ordinances regarding mobile food facilities grading program. ITEM EXPLANATION: The County of San Diego Department of Environmental Health (DEH) implements the restaurant letter grading system throughout the County, including businesses within the City of Carlsbad. The County recently adopted an ordinance extending this grading system to mobile food facilities such as food trucks and coffee carts operating in the unincorporated area, to provide consumers with more information about the overall operating condition of mobile vendors and to distinguish them from unpermitted food vendors. The County has requested that each city adopt an ordinance to incorporate the County program by reference and enable the County to conduct enforcement in the City of Carlsbad. The City of Carlsbad s Municipal Code does incorporate, by reference, portions ofthe San Diego County Code relating to public health and safety under Title 6, Chapter 6.02. The addition of the text referencing mobile food facilities would be included in the same section. The County's letter requesting the code amendment with the amended County Code of Regulatory Ordinances relating to mobile food facilities are attached to this agenda bill as exhibits. Currently coffee carts or kiosks are allowed under Title 21, Chapter 21.31 (C-L Local Shopping Center Zone) and mobile food prep units are allowed under Title 6. Chapter 6.02 County Code (Health and Sanitation). Incorporating the County's Code will enhance the public safety of our residents and visitors with regard to these authorized activities, which may include food preparation. FISCAL IMPACT: No direct fiscal impact is anticipated as the result of this action. The ordinance effectively grants the County of San Diego DEH authority to enforce its restaurant letter grading system on mobile food facilities within the City of Carlsbad at no cost to the city. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code Section 21065, this action does not constitute a "project" requiring environmental review pursuant to CEQA, in that it has no potential to cause either a direct physical DEPARTMENT CONTACT: Michele Masterson 760-602-4615 michele.masterson(S).carlsbadcagoy FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED • • • CONTINUED TO DATE SPECIFIC • CONTINUED TO DATE UNKNOWN • RETURNED TO STAFF • OTHER-SEE MINUTES • Page 2 change in the environment, or a reasonably foreseeable indirect physical change in the environment, and therefore does not require environmental review. EXHIBITS: 1. City Council Ordinance No. CS-198 2. Carlsbad Municipal Code, Chapter 6.02 strikethrough-underline version 3. County's letter requesting the code amendment and the amended County Code of Regulatory Ordinances relating to mobile food facilities 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 currently 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 information 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. Operafion 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 foliowing chapters): Chapter 3 Public Swimming Pool Plans Chapter 4 Wells 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, ofthe 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, temtory, area, agency, official, employee, or othen^/ise it shall mean the corresponding board, territory, area, agency, official, employee, or othenA/ise 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 Califomia 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 pemiit, whichever occurs first. 6.02.030 Health pennit fees. A. All 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 pennit 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 Cleri< 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. /// /// /// /// /// /// /// /// /// 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the 4*^ day of December 2012; and thereafter, PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the day of , 2012, by the following vote to wit: AYES: NOES: ABSENT: ^ APPROVED AS TO FORM AND LEGALITY RON R. BALL. City Attomey MATT HALL, Mayor ATTEST Lorraine M. Wood, City Cleric 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT 2 NOW THEREFORE, the City Council of the City of Carisbad, California does ordain as follows: SECTION 1: That Title 6, Chapter 6.02, of the Carisbad Municipal Code is amended to read as follows: Chapter 6.02 - COUNTY CODE—HEALTH AND SANITATION Sections: 6.02.010 - Adopted by reference—Interpretation. 6.02.020 - Violation. 6.02.030 - Health permit fees. 6.02.040 - 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 Wells 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. Wherever the provisions incorporated as part of this code pursuant to subsection A of this section refer to a county board, temtory, area, agency, official, employee or othenvise, it shall mean the con-esponding board, ten^itory, area, agency, official or employee or otherwise of the oity, and if there is none, means that the county entity is acting in the same capacity on behalf of the citv. Title 6. Division 1. Chapter 1. Section 61.101. of the San Diego Countv Code of Regulatorv Ordinances, as amended bv Ord. No. 10218 (N.S.). effective 8-25-12. relating to mobile food facilities specificallv establishing a grading svstem similar to that used to rate restaurants is adopted bv reference and incorporated as part of this code, except that whatever -1- 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 provisions thereof refer to a Countv of San Diego board, ten-itorv. area, agency, official. employee, or othen/vise it shall mean the corresponding board, territory, area, agency, official. employee, or othenvise of the Citv. and if there is none, it shall mean that the Countv is acting in the same capacity on behalf of the Citv. A copy of the referenced Countv of San Diego ordinance is on file in the Citv 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 undivided interest in common in a portion of a parcel of real property together with a separate interest in space in a residential buiiding 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. Notwithstanding any other provisions of this code, any such violation constituting a misdemeanor may, in the discretion of the city attorney, be charged and prosecuted as an infraction. The penaltv for operating a food facilitv without a permit shall be as reguired bv Countv Code of Regulations. Section 61.105. 6.02.030- Health permit fees. A. Every person applying for a permit under the provisions of this chapter shall at the time of making an application for such pennit pay a fee the exact amount which shall be determined by the county and kept on record by the county department of health services and on file in the oity clerk's office. All persons and businesses reguired to obtain a health-related pennit or related service from the Countv of San Diego. Department of Environmental Health (DEH) pursuant to this code shall pav the Countv the fee established in the Countv Code for that pennit or service. including delinguent 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. EXHIBIT 3 Cottnt;> of ^an Bteso DEPARTMENT OF ENVIRONMENTAL HEALTH JACKWHLLER P.O. BOX 129261. SAN DIEGO. OA 92112-d261 ELIZABETHPOZZEBON Phone: (858) 505-6700 FAX: (858) 505-8890 Assistant Director 1 (800)253-9933 www.8dcdeh.ora July 25, 2012 Ms. Lisa Hildabrand, City Manager CITY OF CARLSBAD 1200 Carlsbad Village Drive Carisbad, CA 92008 Extending the Letter Grade to Mobile Food Facilities Dear Ms. Hildabrand: The County, through its Department of Environmental Health (DEH), currently implements the restaurant "ABC" letter grading system throughout the County, including in your City. On July 11, 2012, the San Diego County Board of Supervisors approved an ordinance that requires mobile food facilities that prepare food, such as food trucks and coffee carts, to confonn to a letter grading system. The system Is similar to the ABC grading program that has been used for restaurants throughout the County since the 1950's. However, this County ordinance only applies to mobile food facilities operating In the unincorporated areas of the County. In order for this food safety program enhancement to be successful, we need your help In adopting these changes Into your municipal code so that we can implement this program Improvement county-wide. Extending the widely recognized letter grading system to mobile food facilities that prepare food will provide consumers with more information about the overall operating condition of the mobile food facility and help to better distinguish them from unpennitted food vendors. To assist with the region-wide adoption process, the County has prepared the attached model ordinance entitled "An Ordinance Allowing Grading of Mobile Food Facilities that Prepare Food" for your use. Adoption of a City ordinance based on this model will incorporate the changes to the County program by reference, and grants DEH the authority to enforce the posting of a letter grade on mobile food facilities operating within your Gityi The County and the City already have an agreement under which the County provides services of this kind within the City, on a fee supported basis. To support that an-angement, your City has ordinance provisions in place that provide for the County to collect appropriate permit fees from businesses within the City that are subject to County administered regulatory programs. Section 3 of the attached model ordinance will update fee provisions for your City by reference to fees in the County Code. When an ordinance is presented to your City Council for adoption, notice and hearing requirements for an increased fee may be applicable. My staff and County Counsel are available to assist you in preparing final ordinance language that conforms to any advice your City Attomey may provide on required procedures. "Environmental and public health through leadership, partnership and science " ^ 7 Extending the Letter Grade to Mobile Food Facilities Page 2 July 25,2012 in the near future, we will also contact you or staff you designate on additional municipal code updates for programs DEH administers in your City. Some programs need updates and some will be proposed for elimination. We will also ask for an ordinance to enable us to implemetit the new State Safe Body Art Act (which took effect as of July 1, 2012) on a consistent basis county-wide. But action on mobile food facility grading is more urgent because we hope to roll that program out on a consistent basis County»wide on December 1,2012. We are available to discuss the proposed ordinance changes, and we would be glad to present information about the ABC grading program to your City Council. A fact sheet on the new letter grading system for mobile food facilities is attached to this letter. My contact person is Gloria Estolano, Chief of the Food and Housing Division and she can be reached at (858) 505-6898. Thanks in advance for your help in extending the ABC grading to mobile food operations throughout San Diego County. Sincerely, JAdk MILLER, Director Attachments: 1) FACT SHEET - Letter Grading for Mobile Food Facilities that Prepare Food 2) An Ordinance Allowing Grading of Mobile Food Facilities that Prepare Food 3) An Ordinance Amending Portions of the County Code of Regulatory Ordinances Relating to Mobile Food Facilities /o Count? of ^an Biego DEPARTMENT OF ENVIRONMENTAL HEALTH FOOD AND HOUSING DIVISION FACT SHEET LETTER GRADING FOR MOBILE FOOD FACILITIES THAT PREPARE FOOD July 2012 The Department of Environmental Health (DEH) has implemented a successful ABC restaurant grading system since the late 1950's. On July 11. 2012, the Board of Supervisors voted to extend the letter grading system to neariy 300 carts that do limited food preparafion, Including coffee and hot dog carts and the over 250 food trucks that prepare and serve food to consumers. Adoption of the new county ordinance by all Incorporated cities will allow Implementation of this program countywlde, promoting consistency and improving public notification of inspection results. The new program is proposed to begin In December 2012, when the annual health pennit is issued during the inspection certification process. The new program will consist of four key components: (1) A scored inspection report and grading process similar to restaurants: A new scored food safety inspection report was designed to evaluate safe food handling practices as well as the unique operations, and equipment of mobile food facilities. The new report will facilitate the scoring and posting of a letter grade on each mobile food facility notifying the public of its relative degree of compliance during the last Inspection. (2) A mapping mechanism to help better locate mobile food facility route stops: •Several tracking opfions were evaluated to find a practical way of finding these transient facilities in the field. The best option was a combination of route stop reporting and online route mapping using the ArcGIS Online Mapping System. (3) Educational materials and outreach workshops: Materials are being developed to educate operators of mobile food facilities on the new grade card system. The information will also be made available on the DEH website at www.sdcdeh.ora. Outreach woricshops on how to earn an "A" will be conducted In English and Spanish for mobile food facility operators before the grading process is rolled out. In addition, a public outreach campaign will be developed to educate consumers on the new grading system to ensure they make good, safe dining choices. (4) Reporting mobile food facility Inspection results online: A summary of mobile food facility inspection results will be posted at www.EatSafeSanDieqo.orq where restaurant inspection results are cun-ently posted. DEH will implement a new data management system, Accela, later this year. Accela will support the use of mobile inspection units in the field and will allow DEH to capture inspection results electronically and post them online. For more information, please contact Gloria Estolano, Chief, Food and Housi^^^^^^^ at (858) 505-6898. // ORDINANCE NO. 10218 (N.S.) AN ORDINANCE AMENDING PORTIONS OF THE COUNTY CODE OF REGULATORY ORDINANCES RELATING TO MOBILE FOOD FACILITIES The Board of Supervisors of the County of San Diego ordains as follows: Section 1: The Board of Supervisors finds and determines that provision should be made for improved public notification signage for mobile food facilities that prepare and serve ready-to-eat food by establishing a letter grading system similar to that used by the Department of Environmental Health (DEH) to rate restaurants. This ordinance amends appropriate sections of the San Diego County Code of Regulatory Ordinances to implement regulations which will extend the restaurant letter grading program to approximately 550 mobile food facilities that prepare and serve ready to eat food allowing consumers to make safe dining choices. Section 2: Title 6, Division 1, Chapter 1 of the San Diego County Code of Regulatory Ordinances is hereby amended to read as follows: SEC. 61.101. PURPOSE. Health and Safety Code (H & S Code) sections 113700 et seq., also referred to as the Califomia Retail Food Code (CRFC), provide Statewide health and sanitation standards for retail food facilities. These sections allow a county to establish some local requirements for retail food facilities and their employees. These sections also provide that a local enforcement agency shall have primary enforcement responsibility forthe State regulations in its jurisdiction. The purpose of this chapter is to adopt additional regulations for retail food facilities and their employees to protect the public health and safety in San Diego County and to appoint the Department of Environmental Health to enforce State and County regulations for retail food facilities and their employees. SEC. 61.102. DEFINITIONS. The following definitions shall apply to this chapter: (a) "DEH" means the Department of Environmental Health. (b) "Director" means the Director of DEH and any person appointed or hired by the Director to enforce or administer this chapter. (c) "Equipment" has the same meaning as the term "equipment" in H & S code section 113777. (d) "Food" has the same meaning as the term "food" in H & S code section 1 13781. (e) "Food facility" has the same meaning as the term "food facility" in H & S code section 1 13789. (f) "Food handler" means a person who prepares, handles, packages, serves or stores food or handles utensils, or assists another person in any of those tasks at a food facility that requires a permit pursuant to this chapter. /A (g) "Imminent health hazard" has the same meaning as the term "imminent health hazard" in H & S code section 113810. (h) "Limited food preparation facility" means for purposes of section 65.107(a), a retail food facility that only serves frozen ice cream, hot dogs, beverages that are not potentially hazardous, coffee or cocoa based beverages that may contain cream, milk or similar dairy products requiring no preparation other than heating, blending, assembly, scooping or dispensing. A limited food preparation facility also includes an Alcoholic Beverage Control license type 42 or 48 facility, as long as that facility does not engage in slicing, chopping or grinding of raw potentially hazardous foods, reheating for hot holding, washing of foods, or cooking, baking, barbecuing, broiling, frying or grilling any food. (i) "Prepare" means to package, process, assemble, portion or engage in any operation that changes the form, flavor or consistency of food, but does not include trimming produce. (j) "Ready-to-eat food" has the same meaning as the term "ready-to-eat food" in H & S code section 1 13881. (k) "Tableware" has the same meaning as the term "tableware" in H & S code section 113926. (1) "Utensil" has the same meaning as the term "utensil" in H & S code section 113934. SEC. 61.103. DEPARTMENT OF ENVTRONMENTAL HEALTH TO ENFORCE RETAIL FOOD REGULATIONS. DEH shall be the local enforcement agency for the CRFC and the regulations adopted in this chapter. SEC. 61.104. PERMIT REQUIRED FROM DEPARTMENT OF ENVIRONMENTAL HEALTH. A person who is required to obtain a food facility permit pursuant to the CRFC shall submit an application for the permit to DEH on a form provided by the department. The application shall be accompanied by the fee required in Title 6, Division 5, Chapter 1. SEC. 61.105. PENALTY FOR ACTIVITIES WITHOUT A PERMIT. When DEH initiates an enforcement action against a person operating a food facility without a permit required by the CRFC the department may recover its enforcement costs from the violator, up to a maximum of three times the cost ofthe permit. 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 ofthe assessment or at the time the violator applies for the permit, whichever occurs first. SEC. 61.106. PLAN REVIEW FEE. A person required to submit written plans and specifications to DEH pursuant to H & S code section 114380 shall pay the plan review fee required in Title 6, Division 5 at the time the person submits plans and specifications. SEC. 61.107. GRADING SYSTEM FOR CERTAIN FOOD FACILITIES. /3 (a) The Director may adopt regulations to grade permanent or mobile food facilities that prepare ready-to-eat food, using a letter grade system. The grading system may be used during any inspection DEH conducts. An "A" grade shall represent a score of 90 percent or higher. A "B" grade shall represent a score of 80 to 89 percent. A "C" grade shall represent a score less than 80 percent. DEH shall issue an alphabetical grade card to each food facility graded during an inspection pursuant to this section and shall provide the permit holder with a list of deficiencies found during the grading inspection. If DEH determines from the inspection, however, that the facility presents an imminent health hazard that warrants immediate closure DEH shall not issue the facility a grade card. (b) DEH may order a food facility permit holder receiving a grade of "B" or "C" to submit to subsequent re-grade inspections within 30 days, until the facility receives an "A" grade. DEH may also order a permit holder to correct a deficiency found during an inspection in less than 30 days. The permit holder shall pay DEH a re-grade fee at the time of each re-grade inspection, as specified in Title 6, Division 5, Section 65.107 (d). (c) DEH may use information obtained during an inspection pursuant to this section to temporarily suspend a food facility permit and order a food facility to immediately close due to an imminent health hazard that cannot be immediately corrected. DEH may also use the information obtained during an inspection to modify, suspend or revoke the food facility's permit. (d) If DEH determines that a food facility should be ordered to show cause at a hearing why its permit should not be suspended or revoked, DEH may require the facility to post a specified altemative notice instead of a grade card, until that hearing process is concluded and a decision conceming the permit is rendered. (e) If DEH determines that the public should be informed of temporary conditions affecting a food facility, such as a boil water order or a closure order for only a portion of the facility, DEH may require the facility to post a specified notice, and may direct that such posting be maintained either instead of or in addition to posting a grade card. (f) Violations ofthe requirements of this code related to food facility grading shall be subject to the penalties and procedures set out in Division 8 of Title 1 of this code. SEC. 61.108. ALPHABETICAL GRADE CARD TO BE POSTED. (a) The permit holder of a permanent or mobile food facility that prepares ready-to-eat food shall post the alphabetical grade card DEH issues, or any altemative notice specified by DEH pursuant to Section 61.107, whenever the facility is open for business. The grade card or altemative notice shall be posted so that it is clearly visible to patrons of the facility so that statements on the card may be read. (b) Ifthe food facility is enclosed, the permit holder shall post the grade card or altemative notice: (1) in the front window ofthe facility, (2) in an accessible display case mounted on the outside ofthe front door, (3) in an accessible display case mounted on the outside front wall ofthe facility within five feet ofthe front door or (4) in some other location DEH approves. If the food facility has a drive-through feature, the permit holder shall also post the grade card or altemative notice at the drive-in pickup window of the facility. (c) Ifthe food facility is not enclosed, the permit holder shall display the grade card or altemative notice in a location clearly visible to any patron of the facility. DEH may require the permit holder of an unenclosed facility to display the grade card or altemative notice in a specific location. (d) The permit holder shall protect the alphabetical grade card or altemative notice from damage by weather conditions and shall not allow the card or altemative notice to be defaced, marred, camouflaged or hidden so as to prevent the general public from observing it. The permit holder shall request a new card or altemative notice from DEH within one business day of the grade card or altemative notice being damaged, marred, altered or lost. SEC. 61.109. HEARING REQUESTED BY PERMIT HOLDER OR DEPARTMENT OF ENVIRONMENTAL HEALTH; APPEALS. (a) If a permit holder requests a hearing within 15 days after receiving notice that DEH proposes to suspend or revoke a food facility permit pursuant to the CRFC, or if DEH temporarily closes a food facility for an imminent health hazard, the Director shall schedule a hearing. The Director shall also schedule a hearing when DEH proposes to modify, suspend or revoke a permit for serious or repeated violations ofthe CRFC. A hearing pursuant to this section shall be with a DEH employee, at the supervisor level or higher, who was not involved in the decision to propose to modify, suspend or revoke the permit or to temporarily close the facility. (b) The permit holder may appeal the decision made at the hearing to the Appellate Hearing Board as provided in Chapter 1 of Division 6 of Title 1 of this Code. Filing an appeal shall stay the decision of the DEH hearing officer, unless the DEH hearing officer determined that an imminent health hazard required closure of the facility. (c) The Clerk shall endeavor to schedule the appeal hearing on an expedited basis ifthe food facility must remain closed until that appeal is heard. SEC. 61.110. ADMINISTRATIVE PROBATION. (a) A permit holder and DEH may enter into a written administrative probation agreement to modify a decision by a departmental hearing officer to suspend a permit. (b) If a permit holder fails to comply with the terms of an administrative probation agreement DEH may reinstate the original permit suspension and enforce any additional violation ofthe CRFC. The Director shall be the sole judge of whether the permit holder failed to comply with the agreement. SEC. 61.111. NOTICE OF CLOSURE OF FOOD FACILITY. (a) Ifthe Director determines that a food facility is operating without a permit required by the CRFC the Director may order the person who owns or operates the facility to close immediately. In addition to taking any legal action authorized by law to compel a facility owner or operator to cease operating without a permit, the Director may post a notice of closure at or on a food facility operating without a permit, advising the public that the facility does not have a permit to sell food. (b) The Director may also post a notice of closure on a food facility: (1) When the Director orders the facility to close due to an imminent health hazard that the food facility does not immediately correct. (2) When the Director suspends or revokes the facility's permit. IS (c) No person other than the Director shall remove a notice posted by the Director pursuant to this section. SEC. 61.112. INSPECTIONS AND TRACKING MOBILE FOOD FACILITIES. (a) A mobile food facility permit holder shall pass an annual certification inspection at the same time the permit holder renews the annual permit or at a later date that DEH designates. A mobile food facility permit holder that passes inspection shall be issued a certification sticker, which the permit holder shall display on the mobile food facility at all times. If the mobile food facility permit holder fails to timely complete the annual inspection process the permit holder shall pay a late fee of 50% ofthe cost ofthe permit. No person shall operate or allow another person to operate a mobile food facility unless the facility passes the annual inspection. The mobile food facility may also be inspected in the field as authorized by the Director. (b) The Director may establish a program to ensure that Mobile Food Facilities can be efficiently located in the field for inspections and grading, and may implement that program through permitting conditions. A current list of locations at which a mobile food permit holder will operate shall be submitted to DEH along with a current cell phone number. DEH shall be notified in a timely manner whenever a change is made. SEC. 61.113. RENTING OR LEASING EQUIPMENT AND UTENSILS. (a) No person shall rent or lease equipment, tableware or utensils to a food facility without a permit issued by DEH. (b) No person shall rent or lease equipment, tableware or utensils to a food facility unless it complies with the following requirements: (1) The equipment is stored in a building that complies with the requirements the CRFC requires a food facility to comply with for storing equipment in a building. (2) The tableware and utensils have been cleaned and sanitized by the same methods the CRFC requires a food facility to follow. SEC. 61.114. FOOD HANDLER REQUIREMENTS. (a) Except as provided in subsection (e) below no person shall employ a person as a food handler in a food facility unless the food handler: (1) has been issued a current food handler training certificate as provided in subsection (b), or (2) is supervised by a food safety certified owner or employee pursuant to the CRFC and has passed a food handler test, as described in subsection (d) below. A person may employ a food handler, however, who for the first ten days of employment has not passed the food handler test. (b) The Director, or a person the Director authorizes, may issue a food handler training certificate to a person who successfully completes a three hour food sanitation training course and scores a grade of 80% or higher on a proficiency test, provided the Director approves the instructor, the course and the test. To be approved, the course of instruction shall include all of the following subjects: (1) Major causes of foodbome illness. (2) Time and temperature control of potentially hazardous foods. (3) Proper employee health and hygiene practices. (4) Methods to protect food from contamination. (5) Required consumer advisories. (6) Approved food sources. (7) Washing and sanitizing of utensils and equipment. (8) Pest control. (c) A food handler training certificate shall be valid for three years from the date it is issued. A person issued a food handler training certificate continuing employment at the facility shall obtain a new certificate every three years. The Director or a person the Director authorizes may renew a food handler training certificate for additional three year periods if the food handler is able to obtain a score of 80% or higher on the proficiency test at renewal time. If the food handler is unable to achieve a score of 80% on the test, the food handler shall repeat the food handler training certificate course and pass the proficiency test in order to obtain a renewal certificate. The Director may also require a person with a food handler training certificate to retake the training certificate course or retake and pass the proficiency test after less than three years from the date the certificate is issued. (d) A food safety certified owner or employee may administer a food handler test that the Director prepares covering fundamental principles of food safety practices. A grade of 80% or higher is a passing grade. The food handler's passing test score shall be valid for three years from the test date or until the food handler ceases working as a food handler at the facility. A food handler continuing employment at the facility shall obtain a passing grade on the food handler test every three years. The Director may require a food handler to retake the test after less than three years. (e) Notwithstanding the requirements of this section, the Director may allow the owner or operator of a temporary food facility to employ a food handler who does not have a current food handler certificate or who has not passed the food handler test within the last three years if: (1) the temporary food facility complies with H & S Code section 113947.1(c) and (2) the food handler is able to demonstrate adequate knowledge of food safety principles related to the operation of the temporary food facility. If a temporary food facility operator has passed the approved and accredited food safety certification examination specified in H & S code sections 113947.2 and 113947.3 the temporary food facility may apply for an annual temporary food facility permit rather than having to obtain a temporary event permit for each temporary event the facility participates in. SEC. 61.115. FOOD HANDLER RECORDS. The permit holder of a food facility shall maintain at the food facility a complete list of all food handlers and food safety certificate holders the facility employs. The permit holder shall also maintain a copy of any employed food handler's current: (a) food handler training certificates, (b) food handler test and (c) food safety certificate required by the CRFC. The Director may inspect any of these records the permit holder is required to maintain at the facility whenever the facility is open for business. i7 Section 3: This ordinance shall take effect and be in force thirty days after its passage and before the expiration of fifteen days after its passage, a summary hereof shall be published once with the names of the members of this Board voting for and against it in the San Diego Commerce a newspaper of general circulation published in the County of San Diego. PASSED, APPROVED AND ADOPTED by the Board of Supervisors of the County of San Diego this 25"" day of July, 2012. APPROVED AS TO FORM AND LEGALITY COUNTY COUNSEL BY Rodney F. Lorang, Senior Deputy IS This space is for the County Clerk's Filing Stamp PROOF OF PUBLICATION (2010 & 2011 C.C.P.) STATE OF CALIFORNIA County of San Diego I am a citizen of the United States and a resident of the County aforesaid: I am ovei eighteen years and not a party to or the above-entitled matter. I am the f of the printer of Proof of Publication of North County Times Formerly known as the Blade-Citize Times-Advocate and which newspaper adjudicated newspapers of general c the Superior Court of the County of State of California, for the City of Oc the City of Escondido, Court Deer NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN to you, be- cause your interest nnay be affected, that the City Gouncil of the (lity of Carlsbad wMl ^iHBP- hold a PubMc hearing at the Council Ch^^^ ho»VT900 Carlsbad Village Drive, Carlsbad, Califor- nfn nt A-oo D m'^^^^^ December 4, 2012, to con- sider ippm^in^'gan^'^^^^^^^ to the Carlsbad^^^^ ionl Code (MCA 12-04) amending Title 6, Chapter 6.02 r^ ntv Code (Health and Sanitation to adopt by refer- Pnce SeSions 61 1 (^1 th^^^^^ 61.115 of the Chapter 1, Di- the dty of Escondido, Court f ™din9 PTOram 171349, tor the County of San Dm '°S'?M?afloirionditloii of.moblle vendo* and to ^ _ - ^ ^ notice of which the annexed is a printe in type not smaller than nonpariel) published in each regular and entire i: newspaper and not in any supplement the following dates, to-wit: November 25^^ 2012 I certify (or declare) under penalty of the foregoing is true and correct. Dated at Escondido, Californi On This 26'^ day November, 20 L^e^^n'o^emtion "conditio^ to distinguish them from unpermitted food venders. Thr>cp DPrsons wishing to speak on this proposal are Jordfalirinv"ted to attend the public hearing. Copies nf thP aaS b^ be available on and after No- vpmbe?2 2012 If you have any questions, please con- tact Michele Masterson in the conimunity and Eco- L7ib°eCTs"^nolPcl o?\1?t?itS^^r^iil fwered to the City of Garlsbad, Attn: City Clerk sOf- ficl, 1200 Garlsbad Village Drive, Garlsbad, GA 92008, at or prior to the public hearing. CASEFILE: MGA12-04 ,p.-CASE NAME: MOBILE FOODFACILITIES GASE NAWt. GRADING BROGRAM GITY^F CARLSBAD/GITY tOUNG.lL Jane Allshouse NORTH COUNTY TIMES Legal Advertising Jam and Sn^udge Free Printing Use Avery® TEMPLATE 5160® www. a ve ry, CO m 1-800-GO-AVERY AVERY® 5160® CARLSBAD UNIF SCHOOL DIST 6225 EL CAMINO REAL CARLSBAD OA 92011 SAN MARCOS SCHOOL DISTRICT STE 250 255 PICO AVE SAN MARCOS CA 92069 ENCINITAS SCHOOL DISTRICT 101 RANCHO SANTA FE RD ENCINITAS CA 92024 SAN DIEGUITO SCHOOL DISTRICT 710 ENCINITAS BLVD ENCINITAS CA 92024 LEUCADIA WASTE WATER DIST TIM JOCHEN 1960 LA COSTA AVE CARLSBAD CA 92009 OLIVENHAIN WATER DISTRICT 1966 OLIVENHAIN RD ENCINITAS CA 92024 CITY OF ENCINITAS 505 S VULCAN AV ENCINITAS CA 92024 CITY OF SAN MARCOS 1 CIVIC CENTER DR SAN MARCOS CA 92069-2949 CITY OF OCEANSIDE 300 NORTH COAST HWY OCEANSIDE CA 92054 CITY OF VI STA 200 CIVIC CENTER DR VISTA CA 92084 VALLECITOS WATER DISTRICT 201 VALLECITOS DE ORO SAN MARCOS CA 92069 I.P.U.A. SCHOOL OF PUBLIC ADMIN AND URBAN STUDIES SAN DIEGO STATE UNIVERSITY SAN DIEGO CA 92182-4505 STATE OF CALIFORNIA DEPT OF FISH AND GAME 3883 RUFFIN ROAD SAN DIEGO CA 92123 REGIONAL WATER QUALITY STE 100 9174 SKY PARK CT SAN DIEGO CA 92123-4340 SD COUNTY PLANNING STE 310 5510 OVERLAND AVE SAN DIEGO CA 92123-1239 SAN DIEGO LAFCO STE 200 9335 HA2:ARD WAY SAN DIEGO CA 92123 AIR POLLUTION CONTROL DISTRICT 10124 OLD GROVE RD SAN DIEGO CA 92131 SANDAG STE 800 401 B STREET SAN DIEGO CA 92101 U.S. FISH & WILDLIFE 6010 HIDDEN VALLEY RD CARLSBAD CA 92011 CA COASTAL COMMISSIC N ATTN KANANI BROWN STE 103 7575 METROPOLITAN DR SAN DIEGO CA 92108-44D2 AIRPORT LAND USE COMMISSION SAN DIEGO COUNTY AIRPORT AUTHORITY PO BOX 82776 SAN DIEGO CA 92138-2776 CARLSBAD CHAMBER OF COMMERCE 5934 PRIESTLEY DR CARLSBAD CA 92008 ®09is ®AtiBAM Aa3AV-O9-008-L LUOD-AjaAB"MMM SDidpj ^ifipiiiac P ta aRoimrtni-iiiD iirticcairliin CITY OF V CARLSBAD Memorandum December 4, 2012 To: John Coates, Interim City Manager Alt^ From: Michele Masterson, Senior Management Analyst fn 1^ Via Gary Barberio, Community & Economic Development Director^^^ Re: AB #21,065, Item 5 staff is recommending that the City Council include the following revision to Ordinance No. CS- 198: Chapter 6.02 - County Code - Health and Sanitation Section: 6.02.020 -Violation. A. The provisions of Chapter 1.08 of this code shall apply to any violation of this chapter. NotwithGtanding any other provisionG of this code, any such violation constitutinc a mlGdomoanor may, in the discrotion of the city attornoy, bo charged and prosGcutod as an infraction. The penalty for operating a food facility without a permit shall be as required by County Code of Rogulations, Section 61.105. When Countv of San Diego. Department of Environmental Health (DEH) initiates an enforcement action against a person operating a food facility without a permit required by California Retail Food Code (CRFCL pursuant to Countv Code of Regulations Section 61.105, the department mav recover its enforcement costs from the violator, up to a maximum of three times the cost of the permit. After the enforcement activitv has been completed, DEH may send the violator a penaltv assessment for its enforcement costs. The violator shall pay the assessment within 15 davs from the date ofthe assessnrient or at the time the violator applies for the permit, whichever occurs first. 6.02.030 - Health permit fees. A. All persons and businesses required to obtain a health-related permit or related service from the County of San Diogo, Department of Environmental Health (DEH) .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. Community & Economic Development 1635 Faraday Ave. I Carlsbad, CA 92008 I 760-602-2710 I 760-602-8560 fax Michele Masterson December 4, 2012 Mobile Food Facilities Grading Program MCA 12-04 Background •Dept. of Environmental Health (DEH) implements a restaurant letter grading system •Extends letter grading system to mobile food facilities •Requests city adopt by reference Recommendation Introduce Ordinance CS-198 amending Title 6 (Health and Sanitation), Chapter 6.02 of the Carlsbad Municipal Code to adopt by reference the San Diego County Code regarding the mobile food facilities grading program 3 Questions? 4