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Ordinance No. 4081
AN ORDINANCE OF THE COUNTY OF BUTTE
ESTABLISHING RETAIL FOOD FACILITY PLACARDING
CHAPTER 18B OF THE BUTTE COUNTY CODE
The Board of Supervisors of the County of Butte ordains as
follows:
Section 1: Chapter 18B is added to read as follows:
18B-1. Purpose
(a) The purpose of this Chapter is to establish local
requirements for retail food facility color -coded
placarding as authorized in the California Health and
Safety Code section 11709. The provisions of this Chapter
are authorized pursuant to California Retail Food Code and
are intended to supplement and not to pre-empt State law.
(b) All definitions, authority, scope, responsibilities,
requirements, standards, conditions, exemptions,
procedures, and penalties described within the California
Retail Food Code are hereby adopted and incorporated
herein.
(c) Laws and regulations enacted by the State that surpass
the requirements of this Chapter, which pertain to Health
and Sanitation, shall take precedence.
18B-2. Definitions
(a) "Placard" shall mean a color -coded placard that
describes the compliance status of the food facility at the
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most recent Routine Inspection or Re -Inspection. The color
green shall be the primary color used for a 'PASS" placard.
The color yellow shall be the primary color used for a
"CONDITIONAL PASS" placard. The color red shall be the
primary color for a 'CLOSED" placard.
(b) "Re -Inspection" shall mean an inspection of any retail
food facility by the Enforcement Agency to determine
compliance with an inspection report following a Routine
Inspection, or any interim inspection conducted to
determine compliance with specific regulations or legal
requirements.
(c) "Routine Inspection" shall mean an inspection of any
retail food facility by the Enforcement Agency to determine
compliance with all applicable federal, state, and local
laws and regulations pertaining to the protection of public
health.
118B-3. Posting of Placard
(a) Upon completion of a Routine Inspection or Re -
Inspection, the food facility shall post the appropriate
Placard provided by the Enforcement Agency. The Placard
shall be posted so as to be clearly visible to the general
public and to patrons entering the food facility. "Clearly
visible to the general public and to patrons" shall mean:
1. Posted in the front window of the food facility
within five (5) feet of the front door.
2. Posted in a display case mounted on the outside
front wall of the food facility within five (5) feet
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of the front door; or
3. Posted in a location approved by the Enforcement
Agency to ensure proper notice to the general public
and to patrons.
4. In the event that a food facility is operated in
the same building as a separately permitted or
licensed business, or in the event that a facility
shares common patron entrance with a separately
permitted facility or licensed business, or in the
event of both, the Enforcement Agency shall post the
Placard in the initial patron contact area, or in a
location approved by the Enforcement Agency.
(b) The Placard shall not be defaced, marred, camouflaged,
hidden or removed. It shall be unlawful to operate a food
facility unless the Placard is posted in accordance with
this Chapter.
(c) A Placard shall remain valid from the time of issuance
until a new Placard is issued at time of routine
inspection, re -inspection or change of ownership.
. Enforcement
(a) Following the provisions of this Chapter shall be a
condition of approval of the food facility's operational
permit issued by the Enforcement Agency. Removal of the
Placard may therefore result in the suspension or
revocation of the permit and the facility will be subject
to a daily re -inspection and the associated fees.
(b) Any violation of this Chapter may be charged as an
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infraction punishable by imposition of the following fines:
1. Upon a first conviction, a fine of one hundred
dollars ($100.00);
2. Upon a second conviction of violating the same
chapter of this Code within the twelve (12) month
period immediately preceding the commission of the
current violation, a fine of two hundred dollars
($200.00);
3. Upon a third conviction of violating the same
chapter of this Code within a twelve (12) month period
immediately preceding the commission of the current
violation, a fine of five hundred dollars ($500.00).
(c) Each and every day or portion thereof that a person
violates or continues to violate any provision of this
Chapter shall constitute a separate offense and may be
charged and punished separately without awaiting conviction
of any prior violation.
(d) Any violation which may be otherwise charged and
punishable as an infraction may be charged and punished as
a misdemeanor if the defendant has been convicted of three
(3) or more violations of this chapter within the previous
twelve (12) month period.
Section 2. Severability.
If any provision of this Ordinance or the application
Ithereof to any person or circumstances is for any reason held to
be invalid by a court of competent jurisdiction, such provision
shall be deemed severable, and the invalidity thereof shall not
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affect the remaining provisions or other applications of the
Ordinance which can be given effect without the invalid
provision or application thereof.
Section 3. Effective Date and Publication.
This Ordinance shall take effect thirty (30) days after th
date of its passage. The Clerk of the Board of Supervisors i
authorized and directed to publish this ordinance before th
expiration of fifteen (15) days after its passage. Thi
Ordinance shall be published once, with the names of the member
of the Board of Supervisors voting for and against it, in th
Enterprise Record, a newspaper of general circulation publishe
in the County of Butte, State of California.
PASSED AND ADOPTED by the Board of Supervisors of the County of
Butte, State of California, on the 6th day of May, 2014, by the
following vote:
AYES: Supervisors Connelly, Wahl, Kirk, Lambert and Chair Teeter
NOES: None
ABSENT: None
NOT VOTING: None
1
Do Teeter, Chair of the
Butte County Board of Supervisors
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ATTEST:
Paul Hahn
Chief Adm
And Clerk
m
trative Off
the Board
4,t Y///
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