HomeMy WebLinkAbout2012/12/04 Item 06CITY COUNCIL
AGENDA STATEMENT
~..,~; c1TV OF
CHULA VISTA
Item No.:
Meeting Date: ]
ITEM TITLE: ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTION 8.20.075 [LETTER GRADES FOR VENDING
VEHICLES] TO CHAPTER 8.20 OF THE CHULA VISTA
MUNICIPAL CODE
SUBMITTED BY: ASSISTANT CITY MANAGEIV~'HEVELOPMENT SERVICES
DIRECTOR
REVIEWED BY: CITY MANAGER
ASSISTANT CIT NAGER
4/STHS VOTE: YES NO X
SUMMARY
The County of San Diego, through its Department of Environmental Health (DEH), currently
implements the restaurant "ABC" letter grading system throughout the County, including Chula
Vista. The purpose of such grading is to help provide consumers, in a quick recognizable format,
information about a restaurant's compliance with county food and preparation safety regulations.
The County now requires mobile food facilities to conform to a similar letter grading system.
Absent the proposed ordinance, the letter grading system for mobile food facilities would not apply
within the City of Chula Vista. As a result, the proposed ordinance would permit the letter grading
system for mobile food facilities apply within the City of Chula Vista.
ENVIRONMENTAL REVIEW
The Development Services Director has reviewed the proposed activity for compliance with the
California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defined under Section 15378 of the Sate CEQA Guidelines because the proposed
action consists of a governmental administrative activity that will not result in direct or indirect
physical changes in the environment. Therefore, pursuant to Section 15060(c)(3) of the State
CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
required.
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12/4/12, Item No.:
Meeting Date:12/4/12
Page 2 of 3
RECOMMENDATION
That the Council approve the Ordinance.
BOARDS/COMMISSION RECOMMENDATION
None
DISCUSSION
On July 11, 2012, the San Diego County Boazd of Supervisors approved an ordinance
(Attachment B) that requires mobile food facilities that prepaze food, such as food trucks and
coffee carts, to conform to a letter grading system. The system is similaz to the "ABC" letter
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. Therefore, the County has requested that local San Diego
County cities adopt these changes into their municipal codes so that the program can be
implemented county-wide.
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. Mobile food
facilities aze not graded. Extending the widely recognized letter grading system to those
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
unpermitted food vendors.
Mobile food facilities operate in multiple jurisdictions. Grading is a local program in each
County unincorporated area and City, not a state law program. Therefore, 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. 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 arrangement, the City already has
ordinance provisions in place that provide for the County to collect appropriate permit fees from
businesses within the City that aze subject to County-administered regulatory programs. The
County is proposing the following modifications to the current fee structure for mobile food
facilities:
Trucks 4.9% increase $447-$469
Mobile Food-limited
food re aration 4.5% increase $354-$370
Stationary Carts
2 or less 4.5% decrease $428-$448
Stationary Carts
3-4 17% decrease $535-$648
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12/4/12, Item No.: ~
Meeting Date:12/4/12
Page 3 of 3
This ordinance provides for City cooperation in a coordinated regional program by:
(1) Adopting the County changes to the restaurant grading ordinance by reference;
(2) Requiring that grade cards be posted by mobile food facilities that prepaze food and
that permit fees to provide cost recovery are paid by operators of mobile food facilities
that prepare food; and
(3) Authorizing the City Manager to enter into an agreement with the County of San
Diego to implement this grading program within this City.
The County anticipates implementing this program county-wide in January 2013. Other San
Diego County cities, including Cazlsbad, Encinitas, Del Mar, La Mesa and Solana Beach have
already adopted the ordinance by reference. Other cities, including Coronado, Lemon Grove,
National City, Poway and Vista have approved the ordinance. The remaining jurisdictions,
including San Diego, El Cajon, Imperial Beach, Oceanside, San Marcos and Santee have
indicated that they will take forwazd the ordinance by January 2013.
DECISION-MAKER CONFLICTS
No Property within 500 feet:
Staff has reviewed the decision contemplated by this action and has determined that it is not site-
specific and consequently, the 500-foot rule found in California Code of Regulations Section
18704.2(a)(1) is not applicable to this decision. Staff is not independently aware, nor has staff
been informed by any City Councilmember, of any other fact that may constitute a basis for a
decision-maker conflict of interest in this matter.
CURRENT YEAR FISCAL IMPACT
The City of Chula Vista requires that each mobile food vendor obtain a business license to
conduct business within the City. Staff has asked that the Department of Environmental Health
notify the City when applicants apply for a new Mobile Food Facility permit to conduct business
within Chula Vista. This could potentially increase the amount of business license fees received.
ONGOING FISCAL IMPACT
Potential positive ongoing fiscal impacts from business license fees will be determined by the
number of applicants who apply for a new Mobile Food Facility permit. Fees associated with
administering the mobile food facility grading program remain with the County.
ATTACHMENTS
A. Ordinance
B. County Ordinance 10219 (N.S.)
Prepared by: Diem Do Senior Project Coordinator, Development Services Department
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ORDINANCE NO. 10219 (N.S.I
AN ORDINANCE AMENDING PORTIONS OF THE COUNTY CODE OF
REGULATORY ORDINANCES RELATING TO THE
CALIFORNIA SAFE BODY ART ACT
The Board of Supervisors of the County of San Diego ordains as follows:
Section 1: Prior state law imposing requirements on tattooing, body piercing, and
permanent cosmetics was repealed and replaced in 2011. The replacement Safe Body Art Act
(codified at Health and Safety Code 119300 and following) mandates that local body art
programs based on state law be implemented by July, 2012. This ordinance implements the Safe
Body Art Act ("the SBAA" or "the Act"), establishes additional local requirements, and
establishes fees to support this program, in order to prevent communicable disease and protect
the public health and safety in San Diego County. The Act addresses body piercing, tattooing,
branding, and the application of permanent cosmetics, and provides statewide health and
sanitation standazds for those practices. The Act designates local health officers and directors of
environmental health as enforcement officials, and allows a local election as to which of these
officials will implement this program. This ordinance assigns that responsibility to the Director
of the County Department of Environmental Health. The Director of the County Department of
Environmental Health (DEH) is also the director of environmental health in all of the
incorporated cities in the County, and therefore will enforce the standards in the Act
Countywide. Municipal ordinances are not required to implement this aspect of the Act. The
SBAA also allows a city or county to adopt local regulations or ordinances that do not conflict
with or are more stringent than the provisions of the SBAA, except that standrsd applicable to
mechanical stud and clamp ear piercing must be uniform statewide. This chapter establishes
additional local requirements for body art regulation, to be administered by the Director DEH in
the unincorporated portion of the County and in any city that adopts these additional
requirements for implementation by the County.
Section 2: Subsection (f) of Section 65.107 of the County Code is amended to read as
follows:
SEC. 65.107. FEES.
The fee for each permit, plan review, license or registration issued or investigation performed
pursuant to the provisions of this division is set forth herewith:
(a) -(e) [No Change]
(fl
(1)-(3) No change
(4) Body Art Facilities: $279
Body Art Practitioners (annual registration): $95
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Body Art Temporary Event Sponsor $465
Body ArtlTemporazy Event Late or revised application fee (Less than 14 days
prior to event.) $83
Body Art Temporazy Event Booth $52
Body Art Reinspection Fee (assessed if repeated noncompliance makes
reinspection necessary): Hourly Environmental Health Specialist rate
Notification fee for single-use-needle mechanical ear-piercing only facilities: $45
(5) No change
(g) - (m) [No change]
Section 3. Chapter 3 of Division 6 of Title 6 of the County Code (Tattoo Pazlors and
Mobile Tattoo Vehicles) is repealed.
Section 4. Chapter 3 of Division 6 of Title 6 of the County Code is enacted to read as
follows:
CHAPTER 3. BODY ART
ARTICLE I. PURPOSE, DEFINITIONS AND AUTHORITY
SEC. 66.301. STATEMENT OF PURPOSE.
This chapter implements state law provisions for body art facilities and their employees, and
establishes additional local requirements to prevent communicable disease transmission and to
protect public health and safety in San Diego County. Health and Safety Code (H & S Code)
sections 119300 et seq., also referred to as the Safe Body Art Act (SBAA), provides statewide
health and sanitation standards for body art to include body piercing, tattooing, branding, or
application of permanent cosmetics. These sections designate local health officers and directors
of environmental health as enforcement officials, allowing a local election of which official
enforces this program. The Director of the County Department of Environmental Health (DEH)
shall implement this program. The Director of DEH is also the director of environmental health
in all of the incorporated cities in the County, and therefore will enforce the body art standards in
state law Countywide. The SBAA also allows a city or county to adopt local regulations or
ordinances that do not conflict with or are more stringent than the provisions of the SBAA,
except for mechanical stud and clasp eaz piercing. This chapter establishes additional local
requirements for body art regulation, to be administered by DEH in the unincorporated portion of
the County and in any city that adopts these additional requirements for implementation by the
County.
SEC. 66.302. DEFINITIONS.
Except as provided below, terms defined in section 119301 of the California Health and Safety
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Code shall have the same meaning when used in this chapter as is set out in that section. Defined
terms used in this chapter include the following: body art facility, client, instrument, local
enforcement agency, owner, potable water, practitioner, procedure area, procedure site, sponsor,
sterilization, tattooing, vehicle, and workstation.
The following terms when used in this chapter shall have the following meaning:
a) APPROVED means acceptable to the Director or the County Health Officer if the Health
Officer is specified.
b) BODY ART shall have the meaning set out in Section 119301 of the California Health
and Safety Code but as provided elsewhere in that act does not include mechanical stud
and clasp ear piercing, i.e., piercing the eaz with a disposable, single-use, presterilized
clasp and stud or solid needle that is applied using a mechanical device to force the
needle or stud through the ear.
c) DEH means the Department of Environmental Health.
d) DIRECTOR means the Director of DEH and any person appointed or hired by the
Director to enforce or administer this chapter.
e) ENFORCEMENT OFFICER means the Director of DEH and duly authorized Registered
Environmental Health Specialists and Environmental Health Specialist Trainees
employed by the County.
f) MAYO STAND means an adjustable stand with stainless steel tray for holding body art
implements
g) MOBILE BODY ART VEHICLE means anon-permanent, mobile body arts
establishment, operating at locations remote from the permanent body art facility, from
which body art practitioners do body art for a fee or for other consideration.
h) PERMIT means an annual permit issued to a body art facility including a mobile body art
vehicle by DEH. Permit also includes the permit issued for each body art temporary
event.
i) SBAA means the Safe Body Art Act, codified at California Health and Safety Code
sections 119300 and following.
j) SINGLE SERVICE means one-time, one person use.
5EC. 66.303. DEPARTMENT OF ENVIRONMENTAL HEALTH TO ADMINISTER
AND ENFORCE BODY ART PROGRAMS
DEH shall be the Local Enforcement Agency for the Safe Body Art Act countywide. DEH shall
also administer and enforce the additional requirements adopted in this chapter within the
unincorporated azeas of the County, and shall administer and enforce any similaz requirements
adopted by municipalities for enforcement by the County. The Director of DEH is the
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Enforcement Officer when acting in the unincorporated area of the County, and when acting in a
municipality to enforce the SBAA or any additional requirements enacted by that municipality.
ARTICLE 2. PRACTITIONERS, FACILITIES AND EVENTS
SEC. 66.304. REGISTRATION OF PRACTITIONERS
a) It shall be unlawful for any person to perform body art without first registering as a body
art practitioner with DEH.
b) The registration process is not complete until DEH confirms that the requirements of the
SBAA and of this chapter have been met, and a certificate of registration is issued.
c) In addition to complying with the requirements of the SBAA including section 119306 of
the Health and Safety Code, every person applying for registration as a practitioner shall
pay the annual permit fee set forth in Title 6, Division 5, Section 65.107 of this Code.
d) Practitioners shall only perform body art from a permitted body art facility.
SEC. 66.305. PERMITS FOR FACILITIES AND EVENTS
a) Body Art procedures shall be the only activity conducted in a body art facility.
b) It shall be unlawful for any person to operate a body art facility, including a mobile body
art vehicle or a body art temporary event, without first applying for and receiving a health
permit from DEH.
c) The permit required by the SBAA and this chapter shall be applied for and issued as
prescribed in section 119312 of the California Health and Safety Code, using the County
permitting procedures set out in Title 6, Division 5 of this Code.
d) Plan submissions for body art facilities shall address the requirements in this chapter and
the SBAA, and shall include a finish schedule for sanitazy walls, floors and ceiling as
approved by DEH. Written approval by DEH is required in advance of the issuance of
any building, plumbing or electrical permit by the County or any other local jurisdiction.
Written DEH approval and any applicable local permits aze required prior to commencing
work.
e) An "Infection Prevention Control Plan" shall be provided at the time of application for a
new permit. In addition to addressing the requirements of the SBAA including section
119313 of the Health and Safety Code, the Infection Prevention Control Plan shall
include procedures for dressing of the procedure site.
f) In addition to submitting required plans, applicants shall pay the plan review fee required
in Title 6, Division 5 at the time the person submits plans and specifications.
g) Every person applying to receive or renew a body art facility permit shall pay the annual
permit fee set forth in Title 6, Division 5, Section 65.107 of this Code.
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h) The sponsor or organizer of a body art temporary event shall submit an application to
DEH 14 days prior to the start of the event. Late fees aze applicable thereafter.
SEC. 66.306. PREVENTION OF INFECTIONS.
In addition to complying with the requirements of the SBAA including section 119308 of the
Health and Safety Code, practitioners much comply with these requirements:
a) No body art procedure shall be done on skin surfaces which have rash, pimples, boils,
infections or manifest any evidence of unhealthful conditions.
b) The practitioner shall be free of communicable diseases and have no pustule skin lesions.
c) The Director may from time to time notify practitioners and facilities that additional or
modified procedures aze required in an Infection Prevention Control Plan. These
notifications maybe provided when infection control issues, changes in the practice of
body art, or new technology warrant procedural changes. Upon receipt of such notice,
practitioners and facilities shall update any applicable Infection Prevention Control Plan
to incorporate the Director's specifications, and shall comply with the updated plan.
SEC. 66.307. SANITATION REQUIREMENTS.
In addition to meeting the requirements of the SBAA, including sections 119309, 119311,
119314, 119315, 119317 (for mobile facilities) and 119310 (for temporary facilities) of the
Health and Safety Code, body art facilities shall meet the following requirements:
a) As stated in section 66.305(a), body art procedures shall be the only activity conducted in
a body art facility.
b) The premises of a body arts facility shall be maintained in a clean and sanitary manner at
all times, free from vermin or rodent infestation and excessive dust and dirt.
c) Clean toilet rooms in good repair shall be provided and conveniently located and
accessible for use by employees during all hours of operation. The number of toilet
facilities required shall be in accordance with applicable local building and plumbing
ordinances, or where applicable temporazy event ordinances. Toilet tissue, soap, and
sanitary single-use towels or an air hand drying device shall be provided in permanently
installed dispensers conveniently located at each toilet room, or as applicable under local
ordinances for temporazy events. For mobile body art facilities, these toilet rooms must
be located as set out in section 66.309(h) of this chapter.
d) Adequate lighting and ventilation shall be provided. Workstations must be provided with
at least fifty (50) foot-candles of artificial light at the procedure site.
e) Operating tables or mayo stands shall be constructed of stainless steel or equivalent. The
workstation area and equipment shall be sepazated from observers and waiting customers
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by at least ten feet.
f) Except at temporary body art events, a workstation handwash sink shall be readily
accessible and visible no more than 25 feet from the procedure area. For mobile body art
facilities, this sink must be located in the vehicle, as specified in section 66.309(e) of this
chapter.
g) At a temporary body art event, the practitioners shall have a portable handwash sink with
warm running water available with soap in a dispenser and single use paper towels. The
handwash sink shall be made available for use by no more than 15 booths and be no more
than 35 feet from the furthest workstation.
h) Instruments, dyes, inks, pigments, carbon, stencils and other paraphernalia used in the
body art facility shall be stored exclusively in approved closed cabinets.
SEC. 66.308. RECORDS AND REPORTING
a) The permit holder shall maintain proper records of each customer. In addition to the
records required in SBAA, including sections 119303(c), 119307(e), 119313(e) and
119315(f) of the Health and Safety Code, a log of the following information shall be
maintained:
(1) The date when the body art procedure was applied.
(2) The name, address and age of the client.
(3) The design and/or the location of the procedure site.
(4) The name of the Body Art Practitioner.
b) The information required in subsection (a) shall be permanently recorded, in ink or
indelible pencil, in an organized file or bound book kept solely for this purpose. This
book shall be available at reasonable hours for examination by the Enforcement Officer
and shall be kept in the establishment for a minimum of six months. The confidentiality
provisions of section 119303(c) of the Health and Safety Code shall be applied to these
records.
c) All complaints of infections resulting from the practice of body art shall be reported to
the County Health Officer by the person owning or operating the body art facility:
d) A facility that only provides mechanical stud and clasp ear piercing services using a
single-use, presterilized, stud and clasp for jewelry in compliance with 119310 (a) & (b)
of the SBAA shall submit a notification form. The form will be provided by DEH in
compliance with Article 7 of the SBAA.
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ARTICLE 3. ADDITIONAL REQUIREMENTS FOR MOBILE BODY ART VEHICLES
SEC. 66.309. MOBILE BODY ART VEHICLES.
In addition to complying with the requirements of Article 2 and requirements for vehicle
found in the SBAA, including section 119316 and when applicable section 119317 of the Health
and Safety Code, practitioners working from a mobile body art vehicle shall comply with all of
the following requirements:
(a) Mobile body art vehicles which do not have on board sterilization equipment shall have
sufficient utensils and equipment on hand in each mobile body art vehicle to handle one day's
tattooing without having to re-sterilize.
(b) Body art procedures performed pursuant to this section shall be done only from an
enclosed vehicle such as a trailer or mobile-home. No body art procedure shall be performed
outside of the enclosed vehicle.
(d) The mobile body art vehicle shall be used only for the purposes of performing body art.
(e) The mobile body art vehicle shall be equipped with a sink for the exclusive use of the
tattoo artistlbody arts technician for handwashing and preparing customers for tattooing. The
sink shall be supplied with warm running water under pressure, a soap dispenser with soap and
single use paper towels from a dispenser. An adequate supply of potable water shall be
maintained for the Mobile Body Art Vehicle at all times tattooing is being performed.
(f) All liquid wastes shall be stored in an adequate storage tank with a capacity at least fifty
percent greater than the capacity of the on-board potable water. Liquid wastes shall be disposed
of at approved trailer dump sites.
(g) The mobile body art vehicle shall be maintained in a clean and sanitary condition free
of vermin, at all times. Doors to procedure area shall be tight-fitting and keptclosed. Openable
windows shall have tight-fitting screens.
(h) There shall be approved restroom facilities within 200 feet of the mobile body art
vehicle.
(i) There shall be adequate light and ventilation in each mobile body art vehicle.
Workstations must be provided with at least fifty (50) foot-candles of artificial light at the
procedure site.
ARTICLE 4. ENFORCEMENT
SEC. 66.310. PENALTIES FOR VIOLATIONS
In addition to the enforcement provisions of the SBAA, including section 119319 and 119323 of
the Health and Safety Code, the following penalties and remedies apply:
a) Any violation of the SBAA within the County of San Diego and any violation of this
chapter shall be a misdemeanor. Each day on which a violation occurs or continues shall
constitute a separate offense.
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b) Any violation of the SBAA within the County of San Diego and any violation of this
chapter shall be subject to the administrative penalties set out in section 119323 of the
Health and Safety Code. The provisions of Title 1 of this code shall apply to the
assessment of administrative penalties and to the appeal of such assessments.
ARTICLE 5. PERMIT SUSPENSION OR REVOCATION
Section 66.311. PERMIT SUSPENSION OR REVOCATION
In addition to permit suspension or revocation for violations of the SBAA as provided in sections
119320 and 119322 of the Health and Safety Code, permits may be suspended or revoked for
violations of this chapter. Except as provided in section 119321 of the Health and Safety Code
(for cases of an imminent health hazard), suspensions or revocations shall take effect only after
notice and an opportunity for a hearing.
Section 66.312. HEARINGS, APPEALS
(a) If DEH proposes to suspend or revoke a body art facility permit or registration pursuant
to the SBAA or this chapter, or if DEH temporazily closes a body art facility for an imminent
health hazard, and a hearing is requested within 15 days of receiving notice as specified in
section 119320 of the Health and Safety Code, that heazing shall be scheduled by the Director.
The heazing officer shall be 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 Heazing
Boazd 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 if the
body art facility must remain closed until that appeal is heazd.
Section 66.313. ADMINISTRATIVE PROBATION.
(a) A permit holder or practitioner and DEH may enter into a written administrative
probation agreement to modify a decision by a hearing officer to suspend a permit or registration.
(b) If a permit holder or Practitioner fails to comply with the terms of an administrative
probation agreement DEH may reinstate the original permit or registration suspension and
enforce any additional violation of the SBAA. The Director shall be the sole judge of whether
the permit holder or Practitioner failed to comply with the agreement.
Section 66.314. NOTICE OF CLOSURE OF BODY ART FACILITY.
(a) If the Director determines that a Body Art facility is operating without a permit required
by the SBAA 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 Body Art facility operating without a permit, advising the public that the facility does not have
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a permit to perform body art procedures.
(b) The Director may also post a notice of closure on a Body Art facility:
(1) When the Director orders the facility to close due to an imminent health hazazd that
the Body Art facility does not immediately correct.
(2) When the Director suspends or revokes the facility's permit.
(c) No person other than the Director shall remove a notice posted by the Director pursuant
to this section.
SEC. 66.315. SUNSET REVIEW.
This chapter shall be subject to sunset review pursuant to Boazd Policy A-76.
Section 5: 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
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ORDINANCE NO.
ORDINANCE OF THE CITY OF CHULA VISTA ADDING
SECTION 8.20.075 [LETTER GRADES FOR VENDING
VEHICLES] TO CHAPTER 8.20 OF THE CHULA VISTA
MUNICIPAL CODE
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, but Mobile food facilities (called "vending vehicles" under Chula Vista Municipal Code
section 8.20.010) are not graded; and
WHEREAS, to better inform the public, the County is extending the letter grade system
currently used for restaurants to mobile food facilities, and in the unincorporated County, and did
so on July 25, 2012 by amending the County Code of Regulatory Ordinances, specifically
sections 61.101 to 61.115 of Chapter 1, Division 1, Title 6; and
WHEREAS, the changes to the County Code of Regulatory Ordinances and related
changes to the Chula Vista Municipal Code will 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. Grading is a local
program in each County unincorporated area and City, not a state law program. Therefore,
establishing an effective grading system for mobile food facilities requires cooperation across
city boundazies, allowing the County the authority to enforce posting of letter grades in all local
jurisdictions; and
WHEREAS, the ordinance provides for City cooperation in a coordinated regional
program by adopting the County changes to the restaurant grading ordinance by reference and by
requiring that grade cards be posted by mobile food facilities that prepare food and that permit
fees to provide cost recovery are paid by operators of mobile food facilities that prepare food.
NOW THEREFORE the City Council of the City of Chula Vista does ordain as follows:
Section I. Action
Section 8.20.075 is hereby added to Chapter 8.20 of the Chula Vista Municipal Code and shall
read as follows:
8.20.075 Letter Grades for Vending Vehicles.
A. San Diego County County Code of Regulatory Ordinances. The provisions of the San
Diego County Code of Regulatory Ordinances concerning permanent and mobile food facilities,
at Title 6, Division 1 of the County Code, aze incorporated into this Code by reference and shall
also be applicable to "vending vehicles," as defined in Chula Vista Municipal Code section
8.20.010.
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Ordinance No.
Page 2
B. Fee. All persons and businesses required to obtain ahealth-related permit or related service
from the County of San Diego, Department of Environmental Health (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.
Section II. City Manager Action
The City Manager is also authorized to enter into an agreement(s) with the County of San Diego
to implement the aforementioned grading program in the City of Chula Vista.
Section III. Severability
If any portion of this Ordinance, or its application to any person or circumstance, is for
any reason held to be invalid, unenforceable or unconstitutional, by a court of competent
jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or
unconstitutionality shall not affect the validity or enforceability of the remaining portions of the
Ordinance, or its application to any other person or circumstance. The City Council of the City of
Chula Vista hereby declares that it would have adopted each section, sentence, clause or phrase
of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses
or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional.
Section IV. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to
duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in
light of that intent.
Section V. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day after its final passage.
Section VI. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause
the same to be published or posted according to law.
Presented By:
Gary Halbert, AICP, PE
Assistant City Manager/Director of
Development Services
Approved as to form by:
Glen R. Googins
City Attorney
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l~'~~'i'sec~ A~acG,n-~~f
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 California 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 for the 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 11378 ] .
(e) "Food facility" has the same meaning as the term "food facility" in H & S code section 113789.
(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.
(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
113881.
(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 ENVIRONMENTAL 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 ACTNITIES 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 of the 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 of the 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.
(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. )f 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 alternative
notice instead of a grade card, until that hearing process is concluded and a decision concerning 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 of The 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 alternative notice specified by DEH pursuant to
Section 61.107, whenever the facility is open for business. The grade cazd or alternative 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) [f the food facility is enclosed, the permit holder shall post the grade cazd or alternative notice:
(]) in the front window of the facility, (2) in an accessible display case mounted on the outside of the
front door, (3) in an accessible display case mounted on the outside front wall of the facility within five
feet of the front door or (4) in some other location DEH approves. If the food facility has adrive-through
feature, the permit holder shall also post the grade cazd or alternative notice at the drive-in pickup window
of the facility.
(c) If the food facility is not enclosed, the permit holder shall display the grade card or alternative
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 alternative notice in a specific location.
(d) The permit holder shall protect the alphabetical Bade card or alternative notice from damage by
weather conditions and shall not allow the cazd or alternative 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 alternative notice from DEH within one business day of the Bade card or alternative 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 heazing when DEH proposes to modify, suspend or revoke a permit for serious or repeated
violations of the 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 hazazd
required closure of the facility.
(c) The Clerk shall endeavor to schedule the appeal hearing on an expedited basis if the 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 ageement 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 of the CRFC. The
Director shall be the sole judge of whether the permit holder failed to comply with the agreement.
SEC. 6].111. NOTICE OF CLOSURE OF FOOD FACILITY.
(a) If the 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.
(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% of the cost of the
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. 67.113. RENTING OR LEASING EQUIPMENT AND UTENSILS.
(a) No person shall rent or ]ease 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:
Major causes of foodborne 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. 61.1 ] 5. 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.
Section 3: This ordinance shall take effect and be in force thirty days afrer its passage and before
the expiration of fifreen days afrer 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