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When the Department 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, the Department 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.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
A person required to submit written plans and specifications to the Department pursuant to Health and Safety Code section 114380 shall pay the plan review fee required in Title 6, Division 5 at the time the person submits plans and specifications. If more than one plan review is required, the applicant shall also pay the plan revision and plan check consultation fees specified in that Division.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10412 (N.S.), effective 2-26-16; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) The Director may adopt regulations to grade permanent or mobile food facilities that prepare food (as defined in Section 113791 of the California Retail Food Code), using a letter grade system. The grading system may be used during any inspection the Department 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. The Department 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 the Department determines from the inspection, however, that the facility presents an imminent health hazard that warrants immediate closure the Department shall not issue the facility a grade card. Facilities operating as MEHKOs under Chapter 5 of this Code are exempt from grading system requirements under CRFC Section 114367.1(b)(23).
(b) The Department 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. The Department may also order a permit holder to correct a deficiency found during an inspection in less than 30 days. The permit holder shall pay the Department a re-grade fee at the time of each re-grade inspection, as specified in Title 6, Division 5, Section 65.107 (d). MEHKOs operating under Chapter 5 of this Code are exempt from grading system requirements.
(c) The Department 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. The Department may also use the information obtained during an inspection to modify, suspend or revoke the food facility's permit.
(d) If the Department determines that a food facility should be ordered to show cause at a hearing why its permit should not be suspended or revoked, the Department 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 the Department 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, the Department 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.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10101 (N.S.), effective 1-7-11; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10733 (N.S.), effective 7-1-21; amended by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) The permit holder of a permanent or mobile food facility that prepares ready-to-eat food shall post the alphabetical grade card the Department issues, or any alternative notice specified by the Department pursuant to Section 61.107, whenever the facility is open for business. The grade card 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. MEHKOs operating under Chapter 5 of this Code are exempt from grading system requirements.
(b) If the food facility is enclosed, the permit holder shall post the grade card or alternative notice: (1) 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 the Department approves. If the food facility has a drive-through feature, the permit holder shall also post the grade card 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. The Department 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 grade card or alternative notice from damage by weather conditions and shall not allow the card 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 the Department within one business day of the grade card or alternative notice being damaged, marred, altered or lost.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10101 (N.S.), effective 1-7-11; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10766 (N.S.), effective 2-25-22; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) If a permit holder requests a hearing within 15 days after receiving notice that the Department proposes to suspend or revoke a food facility permit pursuant to the CRFC, or if the Department temporarily closes a food facility for an imminent health hazard, the Director shall schedule a hearing. The Director shall also schedule a hearing when the Department 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 Department 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 Department hearing officer, unless the Department 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 food facility must remain closed until that appeal is heard.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10101 (N.S.), effective 1-7-11; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10709 (N.S.), effective 1-15-21; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(a) A permit holder and the Department 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 the Department 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.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
(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.
(Added by Ord. No. 10036 (N.S.), effective 2-26-10; amended by Ord. No. 10218 (N.S.), effective 8-24-12; amended by Ord. No. 10927 (N.S.), effective 1-10-25)
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