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HomeMy WebLinkAboutOrd. No. 1984-729ORDINANCE N0. 729 AN ORDINANCE OF THE CITY OF LAKE ELSINORE, CALIFORNIA, REGULATING FOOD HANDLERS. THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION ONE: PURPOSE AND INTENT; It is the purpose and intent of this ordinance to prevent the spread of infectious disease and to attain a uniform standard by requiring all food handlers in the City of Lake Elsinore to demonstrate through process of examination that they pos- sess an adequate knowledge of the sanitary principles and practices with- in the food industry. SECTION TWO: DEFINITIONS; As used in this ordinance, the following words and phrases shall have the following meanings: (a). "Food Worker's Certificate" shall mean a statement issued by the Health Officer certifying that a person is free from active communicable tuberculosis in a manner acceptable to said Health Officer, and has satisfactorily demonstrated his or her compentency in food santitation principals and practices. (b). "Food Worker's Manual" shall mean the manual prepared and distributed to food handlers by the Health Officer that describes acceptable procedures and sanitary practices as it pertains to the retail food service industry., (c). "Health Officer" sha)1 mean the Health Officer/Inspector of the County of Riverside or the Code Enforcement Officer of the City of Lake Elsinore or any designated representative. SECTION THREE: FOOD WORKER'S CERTIFICATE REQUIRED; No person shall engage or serve in any work, occupation or employment which requires or occasions the handling of any food, liquid or material intended for food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of food or drink for human consumption, who does not hold or produce a Food Worker's Certificate as required by this ordinance within fourteen (14) days after engaging or serving in such work, occupation or employment or who knows or -1- reasonably believes that he or she ds infected with active communicable tuberculosis, and no owner, manager, or person in charge of any establish- ment or business shall retain in the employ thereof for the performance such services, any person who does not hold and produce a Food Worker's Certificate as required by this ordinance within fourteen (14) days after such person engages or serves in such employment or any person known or reasonably believed to be infected with active communicable tuberculosis. SECTION FOUR: EXEMPTION; Any person who engages or serves or seeks employ- ment relating to domestic or household work or to temporary, occasional or intermittent functions of bona fide religious, charitable or public service organizations, including fraternal organizations, parent-teacher associations, veterans organizations, established youth organizations, or students in public or private schools under the age of sixteen (16) years old engaged in schools food operations, and civic or community organizatiohs or groups, the primary purpose of which is the betterment of the cultural, social or economic welfare and environment or the community, shall be exempt from the provisions of Section 3 of this ordinance. SECTION FIVE: APPLICATION FOR FOOD WORKER'S CERTIFICATE; (a) Any person who is engaged or intends to engage in an occupation or employment for which a Food Worker's Certificate is required by Section 3 of this ordinance shall file with the Health. Officer an application for such certificate or a renewal thereof in such form as the Health Officer may require, which application shall be accompanied by a nonrefundable fee of $5.00; provided, however, students sixteen (16) years of age or younger engaged in school food operations are exempted from such fee. (b) Such application must be accompanied by a signed state- ment of a physician duly authorized to practice medicine in the State of California, or a report from an organization acceptable to the Health Officer, showing that the applicant is free of active communicable tuberculosis. Said statement or report shall show that within six months of the date of application the applicant has received either; (1) a normal chest X-ray which shows the applicant to be free of active communicable tuberculosis, or (2) an intradermal Mantoux test no less than 5 tuberculin units, which is the equivalent of .0001 milligrams intermediate PPD, or -2- one to two thousand solution of old tuberculin freshly prepared, have been used. Induration of six or more millimeters will be construed as a posi- tive-skin test. A71 positive skin test reactors to the Mantoux test will be required to obtain a chest X-ray. Said statement or report shall bear a date not more than six months before the date of application. (c) A valid certificate of health, indicating that the applicant is free from active communicable tuberculosis, issued by any regular constituted public health agency and bearing a date of issuance, may be accepted 6y the Health Officer, in lieu of the statement or report as required in Subsection (b) of this Section (5), during its period of validity, not to .exceed one (1) year from the date of issuance. SECTION STX: __ ._. __ QUACIFICATIONS'FOR FOOD WORKER'S CERTIFICATE; To qualify for the issuance or renewal of a Food Worker`s Certificate required by Section 3 of this ordinance, the applicant shall 6e certified to be free from active communicable tuberculosis and shall have demonstrated his or her knowledge of acceptable practices in the sanitary preparation, service, storage, distribution and sale of food and beverages and the proper sani- tation of equipment and facilities. .Such demonstration of knowledge shall be by satisfactorily passing an examination conducted by the Health Officer on such subjects, based on the practices and procedures setforth in the Food Worker's Manual. A copy of the latest edition of said manual shall be made available by the Health Officer to those persons applying for a Food Worker's Certificate or renewal thereof. SECTION SEVEN: ISSUANCE OF FOOD WORKER'S CERTIFICATE; When qualified pursuant to Section 6 of this ordinance, the applicant shall be issued a Food Worker's Certificate containing the following information; cer- tificate number, name, home address, expiration date and attesting sig- nature. Such certificate shall expire one (1) year after the date it was issued. Any person whose health, in the opinion of the Health Officer requires further investigation .may be issued a temporary Food Handler's Certificate at the discretion of the Health Officer fora period not to exceed three (3) months, during which time such investigation shall be carried out to determine whether or not active communicable tuberculosis is present. -3- SECTION EIGHT: DUPLICATE FOOD WORKER'S CERTIFICATE; A duplicate Food Worker's Certificate, for good cause, may be issued by the Health Officer for a fee of one (1) dollar. SECTION NINE: REVOCATION OF FOOD WORKER'S CERTIFICATE; The Food Worker's Certificate may be revoked 6y Health Officer upon evidence indicating repeated or continuing violations of accepted practices and procedures in the preparation, service, storage, distribution, or sale of food or beverages, or upon evidence indicating falsification of information re- qured for issuance of such certificate, or infectious_condition~creating a hazard to the public or co-workers. SECTION TEN: APPEAL; Any person who has an application fora Food Worker's Certificate denied by the Health Officer or who has had such a certificate revoked by the Health. Officer, may appeal such denial or revocation by filing with the Clerk of the Board of Supervisors, within ten (10) days after the date of such denial or revocation, a written notice of appeal briefly setting forth. the reasons why such denial or revocation is not proper. The Clerk shall give notice of the time and place of the hearing to the appellant. Such appeal shall 6e heard by the Board of Supervisors which. may affirm, amend or reverse the. decision or take such other action as it deems appropriate. In conducting the hearing, the Board of Supervisors shall not be limited 6y the technical rules of evidence. SECTION ELEVEN: DISPLAY OF FOOD WORKER'S CERTIFICATE; Any person required to have a Food Worker's Certificate shall immediately submit such cer- tificate to his or her employer. It shall be the duty of every such employer to keep on continuous display at the place of employment the Food Worker's Certificates of all .such persons employed or engaged there- in, and to display therewith a current list of all such persons. therein engaged or employed for comparison with all certificates. Such list of employees and Food Worker's Certificates must be made available to all Health Officers upon request. Upon termination of employment, each un- expired certificate shall be returned to the holder. -4- SECTION TWELVE: VIOLATION AND ENFORCEMENT; It shall be the duty of all Health Officers as defined within Section 2; Definitions, to assure com- pliance with all provisions herein and have the right to enter free of charge, at any time, into any applicable place of business, to determine compliance and/or to enforce and perform all the regulatory provisions of this ordinance. It is the responsibility of all employers to main- tain and display a continuous record of all Food Worker's Certificates and a list of all applicable employees currently engaged therein as re- quired within Section 11; Display of Food Worker's Certificate, there- fore, any employer violating any of the provisions of this ordinance shall be guilty of an infraction and upon conviction shall be punished by (1) a fine not exceeding fifty (50) dollars for the first offense, (2) a fine not exceeding one hundred (100) dollars for the second of- fense within one (1) year, (3) a fine not exceeding two hundred. and fifty (250) dollars for each additional offense within one (1) year. It shall - be the responsibility of all employees to obtain a Food Worker's Certificate from a Health Officer within fourteen (14) days after such employee engages or serves in such employment withch requires such certificate as required within Section 5; Application for Food Worker's Certificate, there- fore, any employee violating any of the provisions of this ordinance shall be guilty of an infraction and upon conviction shall be punished by (1) a fine not exceeding twenty-five (25) dollars for the first offense, (2) a fine .not exceeding fifty (50) dollars for the second offense within one (1) year, (3) a fine not exceeding one hundred (100) dollars for each additional offense within one (1) year. Each day such violation is committed or .permitted to continue shall constitute an separate offense. SECTION THIRTEEN: EFFECT; This ordinance shall take effect as provided by law. -5- INTRODUCED AND PASSED UPON FIRST READING this 13th day of November, 1984, upon the following. roll call vote: AYES: KNIGHT, MATSON, STRIGOTTE NOES: NONE ABSENT: VALENZUELA, VERMILLION ABSTENTIONS: NONE PASSED, APPROVED AND ADOPTED UPON SECOND READING this 27th day of November 1984, upon the following roll call vote: AYES: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: NONE ABSENT: NONE ABSTENTIONS: NONE ~~ ARTA VALENZUELA, M R CITY OF LAKE ELSI RE ATTEST: ANN MONEY, CI Y LERK TY OF LAKE ELSINORE STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) I, Jo Ann P1oney, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the foregoing Ordinance had its first reading on November 13, 1984 and had its second reading on November 27, 1984 and was passed by the following vote: AYES: COUNCILMEP16ERS: KNIGHT, MATSON, STRIGOTTE, VERMILLION, VALENZUELA NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ~,~.,,._ J NN MOPJEY, CITY CLERK Y OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA COUNTY OF RIVERSIDE I, Jo Ann Money, City Clerk of the City of Lake Elsinore, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Ordinance No. 729 of said Council, and that the same has not been amended or repealed. DATED: November 28, 1984 AN NN MONEY CITY CLERK TY OF LAKE ELSINOR6E;~ (SEAL)