HomeMy WebLinkAbout02. Food Grading Ordinance
AGENDA MEMO
DATE: February 22, 2011
TO:
Mayor and Members of the City Council
FROM:
Office of the City Manager
Shannon DeLong, Assistant to the City Manager
SUBJECT: ADOPT ORDINANCE RE: INSPECTION AND GRADING SYSTEM
FOR MOBILE FOOD FACILITIES
RECOMMENDATION
That the City Council conduct a public hearing to receive comments and adopt:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING ARTICLE IV, CHAPTER 11, OF THE DOWNEY MUNICIPAL
CODE, ADDING A NEW SECTION 4971 (ADOPTING BY REFERENCE
CHAPTER 8.04 OF THE LOS ANGELES COUNTY CODE REGULATING
PUBLIC HEALTH LICENSES TO INCLUDE MOBILE FOOD FACILITIES)
BACKGROUND
On February 8, 2011, the Council introduced an ordinance amending Article IV, Chapter
11 of the Downey Municipal Code by adding a new Section 4971, adopting by reference
Chapter 8.04 of the Los Angeles County Code regulating Public Health Licenses, to
include Mobile Food Facilities.
DISCUSSION
The City of Downey contracts with the County Department of Public Health (DPH) for
the provision of certain public health services. The proposed ordinance adopts by
reference the provisions of the County code related to Public Health Licenses, giving
DPH authority within the City of Downey to inspect, grade, and require the posting of
letter grades on mobile food facilities as well as formalizing the County’s authorization to
inspect and permit various establishments such as hotels, public swimming pools, body
art/tattoo businesses, and vending machines.
The new ordinance amends Article IV, Chapter 11 of the Downey Municipal Code
relating to Public Health, in the following ways:
- Amends the Code to include Public Health Licenses as required by the
County of Los Angeles
- Includes the newest revision to the code addressing of mobile food facilities,
including:
establishing a semiannual letter grading and scoring program for mobile
o
food facilities;
requiring owners of mobile food facilities and mobile support units to
o
disclose current route information to DPH to provide whereabouts of their
transient facilities and support units in order to facilitate timely inspections;
CITY OF DOWNEY, CALIFORNIA
Ordinance No. ____
Page 2
establishing an annual certification inspection for mobile food facilities and
o
mobile support units to ensure that food equipment meets applicable
installation and design standards according to State law.
Los Angeles County Chapter 8.04 has been reviewed by both the Community
Development Department and Code Enforcement and no comments have been
received.
FISCAL IMPACT
Public Health licensees are responsible for the payment to the County of the requisite
fees to obtain necessary licenses.
Attachment: Ordinance
ORDINANCE NO. 11- _____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING
ARTICLE IV, CHAPTER 11, OF THE DOWNEY MUNICIPAL CODE, ADDING A NEW
SECTION 4971 (ADOPTING BY REFERENCE CHAPTER 8.04 OF THE LOS
ANGELES COUNTY CODE REGULATING PUBLIC HEALTH LICENSES TO
INCLUDE MOBILE FOOD FACILITIES)
WHEREAS
, the City Council of Downey has contracted with the Los Angeles County
Department of Public Health for the provision of services; and,
WHEREAS
, the Los Angeles County Board of Supervisors has adopted new regulations
pertaining to Public Health Licenses; and,
WHEREAS
, the City Council of the City of Downey has deemed it necessary to adopt
such new regulations to provide the necessary authority for County Department of Public Health
to enforce such regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
ORDAIN AS FOLLOWS:
SECTION 1
. Article IV of Chapter 11 of the Downey Municipal Code is amended to add
Section 4971 to read as follows:
Adoption.
(a)ADOPTION BY REFERENCE OF THE PUBLIC HEALTH
LICENSES CODE OF THE COUNTY OF LOS ANGELES.
Subject to the changes and amendments set forth in this chapter, the Los
Angeles County Code, Title 8, Chapter 8.04, as amended through and including
November 18, 2010, is hereby adopted by reference as the Public Health Licenses for
the City of Downey (hereafter referred to as “Health Licenses Code”). Ordinance No.
2010-0045, adopted by the Los Angeles County Board of Supervisors on October 19,
2010, relating to the operation of mobile food facilities and the certification of mobile food
facilities and mobile support units, is hereby specifically adopted by reference and is
made a part of the Health Licenses Code. Copies of the Health Licenses Code are on
file in the office of the City Clerk of the City, and are open to public inspection.
Definitions.
(b) The words or phrases defined in Section 4970(b) shall have
same meaning when used in the Health Licenses Code.
Conflicts.
(c)In the event of any conflict or inconsistency between
provisions of the adopted Los Angeles County Code and any other provisions of the
Downey Municipal Code, the provisions of the Downey Municipal Code shall govern.
Penalty.
(d)Violation of any provision of the Health Licenses Code
shall be punishable by a fine of not more than Five Hundred Dollars ($500.00) or by
imprisonment in the County Jail for not more than six months or by both fine and
imprisonment. Each day during any portion of which any violation of any provision of
said Health Licenses Code is committed or permitted, shall be deemed to be a separate
offense.
ORDINANCE NO. 11-______
PAGE TWO
SECTION 2.
If any provision, clause, sentence, or paragraph of this Ordinance 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 Ordinance which can be given
effect without the invalid provisions or applications and, to this end, the provisions of this
Ordinance are hereby declared to be severable.
SECTION 3.
The City Clerk shall certify to the adoption of this Ordinance and cause the
same to be published and posted in the manner required by law.
APPROVED AND ADOPTED
this _______ day of February, 2011.
_______________________
LUIS H. MARQUEZ, Mayor
ATTEST:
___________________________________
JOYCE DOYLE, Interim City Clerk
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
CITY OF DOWNEY )
I HEREBY CERTIFY
that the foregoing Ordinance No. 11 – _______ was introduced at
th
a regular meeting of the City Council of the City of Downey held on the 8 day of February
2011, and adopted at a regular meeting of the City Council of the City of Downey held on the
_______ day of February, 2011, by the following vote, to wit:
AYES: Council Members:
NOES: Council Member:
ABSENT: Council Member:
ABSTAIN: Council Member:
I FURTHER CERTIFY
that a Summary of the foregoing Ordinance No. 11 – ______,
was published in a newspaper of general circulation in the City of Downey, on February _____,
2011 (after introduction), and on February _____, 2011 (after adoption, including the vote
thereon). It was also posted in the regular posting places in the City of Downey on the same
dates.
________________________________
JOYCE DOYLE, Interim City Clerk