Larchmont Bungalow: California Retail Food Code
May 22, 2009: Larchmont Bungalow is cleared under the special “Q” zoning conditions of Larchmont Village. They are cleared because their permit application is for that of a retail/takeout establishment, not a sit-down restaurant.
| Permit Application Clearance Information | |||
|---|---|---|---|
| “D” conditions | Cleared | 05/20/2009 | RAS CANNADY |
| CPC | Cleared | 05/20/2009 | RAS CANNADY |
| “Q” conditions | Cleared | 05/22/2009 | DARYLL MACKEY |
| Eng Process Fee Ord 176,300 | Cleared | 06/04/2009 | AVALYN KAMACHI |
| Sewer availability | Cleared | 06/04/2009 | AVALYN KAMACHI |
| DAS Clearance | Cleared | 06/10/2009 | EDDIE GARIN |
| Food Service Establishment | Cleared | 06/22/2009 | WILFREDO VALDEZ |
| Food establishment approval | Cleared | 06/25/2009 | LACDHS APPROVED |
| PERMIT ISSUED: | Yes | PERMIT ISSUE DATE: | 06/29/2009 | ISSUING OFFICE: | Metro |
| CURRENT STATUS: | CofO Revoked | CURRENT STATUS DATE: | 12/10/2009 |
| Permit Application Status History | |
|---|---|
| Submitted | 04/23/2009 |
| PC Assigned | 05/01/2009 |
| Reviewed by Supervisor | 05/22/2009 |
| PC Approved | 06/25/2009 |
| PC Info Complete | 06/26/2009 |
| Ready to Issue | 06/29/2009 |
| Issued | 06/29/2009 |
| CofO in Progress | 10/28/2009 |
| Permit Finaled-Status Void | 10/28/2009 |
| CofO Issued-Status Void | 10/28/2009 |
| Re-Activate Permit | 12/10/2009 |
| CofO Revoked | 12/10/2009 |
| Permit Revoked | 12/10/2009 |
Permit Revoked: An LADBS manager has officially revoked the issued permit. The issued permit is no longer active.
Excerpt from CALIFORNIA HEALTH AND SAFETY CODE
PART 7. CALIFORNIA RETAIL FOOD CODE
Effective January 1, 2012
CHAPTER 13. Compliance and Enforcement
Article 1. Plan Review and Permits
114380.
(a) A person proposing to build or remodel a food facility shall submit complete, easily readable plans drawn to scale, and specifications to the enforcement agency for review, and shall receive plan approval before starting any new construction or remodeling of any facility for use as a retail food facility.
(b) Plans and specifications may also be required by the enforcement agency if the agency determines that they are necessary to assure compliance with the requirements of this part, including, but not limited to, a menu change or change in the facility’s method of operation.
(c) (1) All new school food facilities or school food facilities that undergo modernization or remodeling shall comply with all structural requirements of this part. Upon submission of plans by a school authority, the Office of the State Architect and the local enforcement agency shall review and approve all new and remodeled school facilities for compliance with all applicable requirements.
(2) Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard, existing public and private school cafeterias and licensed health care facilities shall be deemed to be in compliance with this part pending replacement or renovation.
(d) Except when a determination is made by the enforcement agency that the nonconforming structural conditions pose a public health hazard, existing food facilities that were in compliance with the law in effect on June 30, 2007, shall be deemed to be in compliance with the law pending replacement or renovation. If a determination is made by the enforcement agency that a structural condition poses a public health hazard, the food facility shall remedy the deficiency to the satisfaction of the enforcement agency.
(e) The plans shall be approved or rejected within 20 working days after receipt by the enforcement agency and the applicant shall be notified of the decision. Unless the plans are approved or rejected within 20 working days, they shall be deemed approved. The building department shall not issue a building permit for a food facility until after it has received plan approval by the enforcement agency. Nothing in this section shall require that plans or specifications be prepared by someone other than the applicant.
. . .
114381.
(a) A food facility shall not be open for business without a valid permit.
(b) A permit shall be issued by the enforcement agency when investigation has determined that the proposed facility and its method of operation meets the specifications of the approved plans or conforms to the requirements of this part.
(c) A permit, once issued, is nontransferable. A permit shall be valid only for the person, location, type of food sales, or distribution activity and, unless suspended or revoked for cause, for the time period indicated.
(d) Any fee for the permit or registration or related services, including, but not limited to, the expenses of inspecting and impounding any utensil suspected of releasing lead or cadmium in violation of Section 108860 as authorized by Section 114393, review of HACCP plans, and alternative means of compliance shall be determined by the local governing body. Fees shall be sufficient to cover the actual expenses of administering and enforcing this part. The moneys collected as fees shall only be expended for the purpose of administering and enforcing this part.
(e) A permit shall be posted in a conspicuous place in the food facility or in the office of a vending machine business.
(f) Any person requesting the enforcement agency to undertake activity pursuant to Sections 114149.1 and 114419.3 shall pay the enforcement agency’s costs incurred in undertaking the activity. The enforcement agency’s services shall be assessed at the current hourly cost recovery rate.
. . .
114387. Any person who operates a food facility shall obtain all necessary permits to conduct business, including, but not limited to, a permit issued by the enforcement agency. In addition to the penalties under Article 2 (commencing with Section 114390), violators who operate without the necessary permits shall be subject to closure of the food facility and a penalty not to exceed three times the cost of the permit.
. . .
Article 2. Enforcement
114390.
(a) Enforcement officers shall enforce this part and all regulations adopted pursuant to this part.
(b) (1) For purposes of enforcement, any authorized enforcement officer may, during the facility’s hours of operation and other reasonable times, enter, inspect, issue citations to, and secure any sample, photographs, or other evidence from a food facility or any facility suspected of being a food facility, or a vehicle transporting food to or from a retail food facility, when the vehicle is stationary at an agricultural inspection station, a border crossing, or at any food facility under the jurisdiction of the enforcement agency, or upon the request of an incident commander.
(2) If a food facility is operating under an HACCP plan, the enforcement officer may, for the purpose of determining compliance with the plan, secure as evidence any documents, or copies of documents, relating to the facility’s adherence to the HACCP plan. Inspection may, for the purpose of determining compliance with this part, include any record, file, paper, process, HACCP plan, invoice, or receipt bearing on whether food, equipment, or utensils are in violation of this part.
(c) Notwithstanding subdivision (a), an employee may refuse entry to an enforcement officer who is unable to present official identification showing the enforcement officer’s picture and enforcement agency name. In the absence of the identification card, a business card showing the enforcement agency’s name plus a picture identification card such as a driver’s license shall meet this requirement.
(d) It is a violation of this part for any person to refuse to permit entry or inspection, the taking of samples or other evidence, access to copy any record as authorized by this part, to conceal any samples or evidence, withhold evidence concerning them, or interfere with the performance of the duties of an enforcement officer, including making verbal or physical threats or sexual or discriminatory harassment.
(e) A written report of the inspection shall be made and a copy shall be supplied or mailed to the owner, manager, or operator of the food facility.
. . .
114395. Except as otherwise provided in this part, any person who violates any provision of this part or regulation adopted pursuant to this part is guilty of a misdemeanor. Each offense shall be punished by a fine of not less than twenty-five dollars ($25) or more than one thousand dollars ($1,000) or by imprisonment in the county jail for a term not exceeding six months, or by both fine and imprisonment.
114397. The owner, manager, or operator of any food facility is responsible for any violation by an employee of any provision of this part or any regulation adopted pursuant to this part. Each day the violation occurs shall be a separate and distinct offense.
114399. A violation of any provision of this part or regulation adopted pursuant to this part relating to facilities held in common or shared by more than one food facility shall be deemed a violation for which the owner, manager, or operator of each food facility is responsible.
. . .
Article 3. Permit Suspension or Revocation
114405.
(a) A permit may be suspended or revoked by a local enforcement officer for a violation of this part. Any food facility for which the permit has been suspended shall close and remain closed until the permit has been reinstated. Any food facility for which the permit has been revoked shall close and remain closed until a new permit has been issued.
(b) Whenever a local enforcement officer finds that a food facility is not in compliance with the requirements of this part, a written notice to comply shall be issued to the permitholder. If the permitholder fails to comply, the local enforcement officer shall issue to the permitholder a notice setting forth the acts or omissions with which the permitholder is charged, and informing him or her of a right to a hearing, if requested, to show cause why the permit should not be suspended or revoked. A written request for a hearing shall be made by the permitholder within 15 calendar days after receipt of the notice. A failure to request a hearing within 15 calendar days after receipt of the notice shall be deemed a waiver of the right to a hearing. When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this 15-day period to expedite the permit suspension or revocation process.
(c) The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the permitholder, the hearing officer may postpone any hearing date, if circumstances warrant the action.
114411. The enforcement agency may, after providing opportunity for a hearing, modify, suspend, or revoke a permit for serious or repeated violations of any requirement of this part or for interference in the performance of the duty of the enforcement officer.
Three criminal charges were filed in early 2010 by the City Attorney’s office against Larchmont Bungalow for failing to comply with a city agency, providing false information, and continuing to operate without a certificate of occupancy.
As the defendant has newly hired Mr. Alan Fenster to be his attorney in the summer of 2012, the current judge Hon. David Herriford has allowed the pre-trial to be continued with a hearing on August 30, 2012.
The defendant is currently faced with two choices: plead guilty or submit to a jury trial.
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