Ordinances of the Elk Valley Rancheria, California
Last amended: 2002
An Ordinance of The Elk Valley Rancheria Ordinance No. 00-28
AN ORDINANCE OF THE TRIBAL COUNCIL OF THE ELK VALLEY RANCHERIA ESTABLISHING STANDARDS FOR THE STORAGE, PREPARATION AND HANDLING OF FOOD AND BEVERAGES AT THE ELK VALLEY CASINO.
The Tribal Council of the Elk Valley Rancheria ("Tribe") hereby ordains as follows:
Section 1. Findings and Declarations. The Tribal Council ("Council") for the Tribe finds and declares that:
1. The Tribe is a federally recognized Indian Tribe organized under the provisions of the Indian Reorganization Act, 25 U.S.C. §476 with a written Constitution establishing the Elk Valley Tribal Council as the governing body of the Tribe.
2. Pursuant to Article 5, Section 1, of the tribe's Constitution, the Council is vested with the authority to enact ordinances for the purposes of promoting the health and general welfare of the members of the Tribe and managing all economic enterprises of the Tribe.
3. The Tribe is the owner and operator of the Elk Valley Casino located within the exterior boundaries of the Elk Valley Rancheria ("Reservation").
4. On or about September 10, 1999, the Tribe entered into a Tribal-State Compact ("Compact") with the State of California which authorizes the Tribe to conduct Class III gaming on its Reservation. Section 10.2 of the Compact requires the Tribe to "adopt and comply with standards no less stringent than the State Public Health standards for food and beverage handling" at the Casino. Under §10.2(a), the Tribe is required to allow State or County health inspectors during normal business hours, to inspect the Casino's food and beverage services, unless inspections are routinely made by an agency of the United States government, to insure compliance with equivalent standards of the United States Public Health Service.
5. The Council is adopting this Ordinance in order to satisfy the requirements of §10.2(a) of its Compact. By enacting and complying with this Ordinance, the Tribe has established standards for the storage, preparation, and serving of food that will be fit for human consumption and will not pose any health danger to any person who stores, handles, or consumes any food or beverage at the tribe's Food Facility located within the tribe's Casino on the Reservation.
6. The adoption of this Ordinance is necessary in order to assure the patrons of the tribe's Casino, that the food served in the casino is pure, safe, and fit for human consumption.
Section 2. Adoption of a New Ordinance Entitled: "Sanitation Requirements for Casino Food and Beverage Facilities." A new Chapter 1 of Title 7 of the Elk Valley Tribal Code entitled "Sanitation Requirements for Casino Food and Beverage Facilities" is hereby adopted and shall provide as follows:
7.01.020 Requirements for Food and Beverage.
7.01.030 Confectionery Containing Alcohol; Notice to Consumer.
7.01.040 Protection of Food from Contamination.
7.01.050 Employees Preparing, Serving, or Handling Food or Utensils; Sanitary Practices.
7.01.060 Raw Duck; Exempt from Temperature Requirements.
7.01.070 Fish and Game Donated to Serve Meals.
7.01.080 Prevention of Entrance and Harborage of Animals, Birds, and Vermin.
7.01.090 Waste Material and Rubbish; Removal and Disposal.
7.01.100 Animals and Birds in Food Service Areas; Prohibition; Exceptions.
7.01.110 Equipment and Utilities to Be Kept Clean Operative, and in Good Repair.
7.01.120 Water Supply.
7.01.130 Toilet and Hand Washing Facilities.
7.01.140 Area for Employees to Change and Store Clothes.
7.01.150 Food Facility to be Fully Enclosed.
7.01.180 Storage Area for Cleaning Equipment and Supplies.
7.01.200 Sleeping Accommodations.
7.01.210 Open Air Barbecue Facilities.
7.01.010 Definitions. As used in this Ordinance, the following terms shall have the following meanings:
A. "Employee" means any person working in a Food Facility covered by this Chapter.
B. "Enforcement Officer" means a member of the Elk Valley Gaming Commission or any duly authorized personnel of the Gaming Commission.
C. "Equipment" means all cooking units, hoods, cutting boards, processing machines, tables, refrigerators, sinks, dish machines, steam tables, pots, pans, knives, forks, and any other items used in a Food Facility.
D. "Food Facility" means any room, building, place, or portion thereof, within a Gaming Facility, as defined by Section 2.8 of the Tribal-State Compact between the State of California and the Elk Valley Rancheria, maintained, used, or operated for the purpose of storing, preparing, serving, manufacturing, packaging, transporting, salvaging, or otherwise handling food or beverages for sale to the general public.
E. "Food Preparation" means packaging, processing, assembling, portioning, or any operation that changes the form, flavor, or consistency of food, but does not include trimming of produce.
F. "Impound" means the legal control exercised by the enforcement officer over the use, sale, disposal, or removal of any food or equipment.
G. "Multi-service Utensil" means a utensil manufactured and approved for use more than one time, in the preparation, storage, handling, serving or consuming of food.
H. "Open Air Barbecue Facility" means an unenclosed area or facility for barbecuing food where the food is prepared out of doors by cooking directly over hot coals, heated lava, hot stoves, gas flame, or other method approved by the Tribe on equipment suitably designed and maintained for use out of doors that is operated by a Food Facility.
I. "Permit" means a written authorization to operate a Food Facility issued by an Enforcement Officer.
J. "Person" means any individual, firm, partnership, joint venture, association, limited liability company, corporation, estate, trust, receiver, syndicate, city, county, or other political subdivision or any other group or combination acting as a unit.
K. "Prepackaged Food" means any properly labeled processing food prepackaged to prevent any direct human contact with the food product upon distribution from the manufacturer and prepared at a Food Facility approved by an Enforcement Officer.
L. "Produce" means any food or vegetable in its raw or natural state.
M. "Retail" means the storing, preparing, serving, manufacturing, packaging, transportation, salvaging, or otherwise handling food or beverages for dispensing or sale directly to the consumer or general public.
N. "Single Service Utensil" means a utensil that is manufactured and approved for use only once and that shall be discarded after use in the preparing, storing, manufacturing, or consumption of food.
O. "Tribe" means the Elk Valley Rancheria.
P. "Utensil" means any kitchenware, tableware, cutlery, glassware, container, implement, highchair tray, or other item with which food comes into contact during storage, transportation, display, preparation, serving, sale, or through use by an employee or consumer.
7.01.020 Requirements for Food and Beverage. All food and beverages offered for retail sale to any person at a Food Facility shall be manufactured, produced, prepared, compounded, packed, stored, transported, kept safe, and served so as to be pure, free from contamination, adulteration, and spoilage; shall have been obtained from sources approved by an Enforcement Officer; shall otherwise be fully fit for human consumption; and shall conform to the applicable provisions of this Ordinance.
7.01.030 Confectionery Containing Alcohol; Notice to Consumer. Any Food Facility that serves or sells directly to the consumer an unlabeled or unpackaged food that is a confectionery that contains alcohol in excess of 1/2 of 1% by weight shall provide written notice to the person of that fact. The notice shall be predominately displayed or be provided in some other manner as determined by an Enforcement Officer. The Elk Valley Gaming Commission shall adopt regulations to govern the notice required by this section in order to effectuate the purposes of this section.
7.01.040 Protection of Food from Contamination. All food shall be prepared, stored, displayed, dispensed, displaced, transported, sold, and served by a Food Facility as to be protected from dirt, vermin, unnecessary handling, droplet contamination, overhead leakage, or other contamination.
7.01.050 Employees Preparing, Serving or Handling Food or Utensils; Sanitary Practices. All employees of a Food Facility preparing, serving, or handling food or utensils shall wear clean washable outer garments or other uniforms and shall keep their hands clean. All employees shall wash their hands and arms with cleanser in warm water before commencing work, immediately after using toilet facilities, and at other times that are necessary to prevent contamination of food or beverage. Legible signs shall be posted in each toilet facility directing attention to this requirement All employees shall wear hairnets, caps, or other suitable coverings to confine all hair when required to prevent the contamination of food or utensils. All employees serving food shall use tongs or implements rather than their hands. No employee shall expectorate or use tobacco in any form in any area where food is prepared, served, or stored, or where utensils are cleaned or stored. No employee shall commit any act that may result in contamination or adulteration of any food, food contact surface, or utensil. The General Manager of a Food Facility shall post and maintain "No Smoking" signs in food preparation, food storage, utensil cleaning, and utensil storage area.
When information as to the possibility of disease transmission is presented to an Enforcement Officer, he or she shall investigate the conditions and take appropriate action to protect the public's health and safety. The Enforcement Officer may, after investigation and for reasonable cause, require any or all of the following measure to be taken: (a) the immediate exclusion of any employee from the affected Food Facility; (b) the immediate closing of the Food Facility until, in the opinion of the Enforcement Officer, no further danger of disease outbreak exists. Any appeal of the closure shall be made in writing within five days to the Elk Valley Gaming Commission as provided in Section 7.01.220 of this Chapter; and (c) a medical examination of any employee, with any laboratory examination which may be indicated. Should a medical examination be refused by an employee, the Enforcement Officer may require the immediate exclusion of the refusing employee from that or any other Food Facility until an acceptable medical or laboratory examination shows that the employee is not affected with a disease in a communicable form.
7.01.060 Raw Duck; Exempt from Temperature Requirements. Raw duck, that otherwise would be readily perishable, shall be exempt from the otherwise applicable preparation provisions of this Ordinance for a period not to exceed two hours, if the duck will subsequently be cooked at or above a temperature of 177 degrees Celsius (350 degrees Fahrenheit) for at least 60 minutes.
Whole Chinese-style roast duck shall be exempted from the otherwise applicable provisions of the food preparation provisions of this Ordinance for a period not to exceed four hours after the duck is prepared, since the methods used to prepare these foods inhibit the growth of microorganisms that can cause food infections or food intoxications.
For the purpose of this section, "Chinese-style roast duck" shall include, but is not limited to, Chinese-style barbecue duck, dry hung duck, and Peking duck. Chinese-style roast duck means duck that is prepared as follows: (1) the abdominal cavity is cleaned; (2) the duck is marinated; (3) the cavity is closed prior to cooking; (4) the duck is roasted at a temperature of 177 degrees Celsius (350 degrees Fahrenheit) or more for at least 60 minutes.
7.01.070 Fish and Game Donated to Serve Meals. The Elk Valley Gaming Commission may approve the use of legally obtained donated fish and game to be served as meals at a Food Facility. As used herein, the term "Fish" and the term "Game" shall be defined as those terms are used in the tribe's Hunting and Fishing Ordinance. Until the Tribe adopts a Hunting and Fishing Ordinance defining those terms, the term "Fish" and "Game" shall have the same meaning as those terms are defined in Section 45, 3500, and 3950 of the California Fish and Game Code.
7.01.080 Prevention of Entrance and Harborage of Animals, Birds, and Vermin. A Food Facility shall at all times be so constructed, equipped, maintained, and operated as to prevent the entrance and harborage of animals, birds, and vermin, including, but not limited to, rodents and insects.
7.01.090 Waste Material and Rubbish; Removal and Disposal. All Food Facilities shall be kept clean and free of litter, rubbish, and vermin. Each Food Facility shall be provided with the equipment necessary to store and dispose of all waste material. All food waste and rubbish containing food waste shall be kept in leakproof and rodent proof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids or placement in a disposable bag that is impervious to moisture and then sealed. Trash containers inside a Food Facility need not be covered during periods of operation. All food waste and rubbish shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a nuisance, including but not limited to the attraction of vermin, rodents, and insects.
7.01.100 Animals and Birds in Food Service Areas; Prohibition; Exceptions. Except as otherwise provided in this Section, no live animal, bird, or fowl shall be kept or allowed in any Food Facility. The provisions of this Section notwithstanding, nothing in this Section shall prohibit the presence, in any room where food is served to any person of a guide dog, signal dog, or service dog, accompanied by a totally or partially blind person, deaf person, person whose hearing is impaired, or handicapped person, or dogs accompanied by persons licensed to train guide dogs for the blind pursuant to Section 7200 of the California Business and Professions Code. The provisions of this Section shall also not apply to dogs under the control of uniformed law Enforcement Officers or of uniformed employees or security guards of the Gaming Facility while they are acting within the course and scope of their employment as peace officers or as private security officers. Nothing in this Section shall prohibit aquariums and aviaries provided that they are enclosed so as not to create a public health problem. Any dogs, fish, or birds allowed to be in a Food Facility under the exceptions to this Section, shall be excluded from food preparation and utensil wash areas.
7.01.110 Equipment and Utilities to Be Kept Clean Operative, and in Good Repair. All equipment, utensils, and facilities used in a Food Facility shall be kept clean, fully operative, and in good repair.
7.01.120 Water Supply. An adequate, protected, pressurized, potable supply of hot water, at least 49 degrees Celsius (120 degrees Fahrenheit), and cold water shall be provided and available to Food Facilities. The water supply shall be from a water system approved by the certified health inspector of the Tribe or a certified inspector of the United States Indian Health Services. Any hose used for conveying potable water shall be constructed of nontoxic materials, shall be used for no other purpose, and shall be clearly labeled as to its use. The hose shall be stored and used so as to be kept free of contamination. The potable water supply shall be protected with a back flow or back siphon age protection device, as required by applicable plumbing codes.
7.01.130 Toilet and Hand Washing Facilities. In each Food Facility, there shall be provided, clean toilet facilities in good repair for use by employees of the Food Facility. The number of toilet facilities required shall be in accordance with the tribe's Uniform Building Codes. Toilet facilities whose construction begins on or after the adoption of this Ordinance, and that are provided for use by patrons, shall be so situated that patrons do not pass through food preparation, food storage, or utensil washing areas. Toilet rooms shall be separated from other portions of the Food Facility by well-fitting, self-closing doors or by other means approved by an Enforcement Officer. Toilet facilities shall not be used for the storage of food, equipment, or supplies. Toilet tissue shall be provided in a permanently installed dispenser at each toilet. There shall be at least one separate toilet facility for men and one separate toilet facility for women. Toilet rooms shall be separated by well-fitted, self-closing doors that prevent passage of flies, dust, or odors. Hand washing facilities, in good repair, shall be provided for patrons, guests, or invitees and employees within or adjacent to toilet facilities and shall be equipped with hot and cold running water. Hand washing detergent or soap and sanitary towels or hot-air blowers shall be provided at hand washing facilities in permanently installed dispensing devices.
7.01.140 Area for Employees to Change and Store Clothes. A room, enclosure, or designated area, separated from toilets, food storage, food preparation areas, and utensil washing areas, shall be provided where employees may change and store clothes. No employee shall store clothing or personal effects in any other area on the premises of the Food Facilities.
7.01.150 Food Facility to be Fully Enclosed. Each Food Facility shall be fully enclosed in a building consisting of floors, walls, and an overhead structure that meet the minimum standards prescribed by this Chapter. This Section shall not be construed to require the enclosure of dining areas or open-air barbecue facilities.
(a) Except in sales areas of retail Food Facilities and as otherwise provided in subdivision (d) of this Section, the floor surfaces in all areas in which food is prepared, packaged, or stored, where any utensil is washed, where refuse or garbage is stored, where janitorial facilities are located, and in all toilet and hand washing areas, and in employee change and storage areas shall be smooth and of durable construction and nonabsorbent material that is easily cleaned. These floor surfaces shall be coved at the juncture of the floor and wall with a 10 millimeter (3/8 inch) minimum radius coving and shall extend up the wall at least 10 centimeters (4 inches) except in areas where food is stored only in unopened bottles, cans, cartons, sacks, or other original shipping containers.
(b) Upon new construction or extensive remodeling on or after the adoption of this Ordinance, floor drains shall be installed as follows: (1) in floors that are water-flushed for cleaning; (2) in areas where pressure spray methods for cleaning equipment are used. Floor surfaces in areas pursuant to this subdivision shall be sloped 1:50 to the floor drains.
(c) Upon new construction or extensive remodeling on or after the adoption of this Ordinance, floor sinks, funnel drains, or equivalent devices shall be installed to receive discharges of water or other fluid waste from equipment.
(d) Except for dining and serving areas, the use of sawdust, wood shavings, peanut hulls, or similar materials is prohibited.
(e) This Section shall not prohibit the use of approved dust-arresting floor sweeping and cleaning compounds during floor cleaning operations or the use of approved anti-slip floor finishes or materials in areas where necessary for safety reasons.
(f) Food Facilities that are in operation as of the date of adoption of this Ordinance and in which sawdust is used as an absorbent in meat holding units may continue this use until the floor is replaced.
7.01.170 Linens. (a) Adequate and suitable space shall be provided for the storage of clean linens, including apparel, towels, and cleaning cloths. Soiled linens, apparel, towels, tablecloths, and cleaning cloths shall be kept in cleanable containers provided only for this purpose and shall not be reused until they have been laundered. Cleaning cloths used to wipe customer tables and seats shall not be used to wipe any other surfaces. Cleaning cloths used to wipe service counters, scales, and other surfaces that may directly or indirectly contact food shall be used only once until laundered.
7.01.180 Storage Area for Cleaning Equipment and Supplies.
(a) A room, area, or cabinet separated from any food preparation or storage area, or utensil washing or storage area, shall be provided for the storage of cleaning equipment and supplies, such as mops, buckets, brooms, cleansers, and waxes.
(b)Any Food Facilities constructed or extensively remodeled on or after the adoption of this Ordinance, shall be equipped with at least one of the following to be used exclusively for general cleaning purposes and for the disposal of mop bucket wastes and other liquid wastes: (1) a one-compartment, nonporous janitorial sink and (2) a slab, basin, or floor constructed of concrete or equivalent material, curbed and sloped to a drain. Such facilities shall be connected to approved sewerage and provided with hot and cold running water through a mixing valve and protected with a backflow protection device.
7.01.190 Lighting. In every room and area in which any food is prepared, manufactured, processed, or packaged, or in which utensils are cleaned, sufficient natural or artificial lighting shall be provided to produce an intensity of not less than 215 lux (20 foot candles) as measured 76 centimeters (30 inches) above the floor, except that the working surfaces on which alcoholic beverages are prepared or where utensils used in the preparation or service of alcoholic beverages are cleaned, shall be provided with at least 108 lux (10 foot candles) of light. Food and utensil storage rooms, refrigeration storage, and toilet and dressing rooms shall be provided with at least 108 lux (10 foot candles) of light. Light fixtures in areas where food is prepared or where open food is stored or where utensils are cleaned shall be of shatterproof construction or shall be protected with shatterproof shields and shall be readily cleanable. During general cleanup activities, at least 215 lux (20 foot candies) of light, measured 76 centimeters (30 inches) above the floor, shall be provided in the area being cleaned, including, but not limited to, areas where alcoholic beverages are prepared or served.
7.01.200 Sleeping Accommodations. No sleeping accommodations shall be maintained or kept in any room where food is prepared, stored, or sold. All living and sleeping quarters shall be separated from any Food Facilities. No door or other opening shall be permitted in the partition that separates the Food Facility from the living or sleeping quarters.
7.01.210 Open Air Barbecue Facilities. Notwithstanding the provisions of this Chapter, a Food Facility may maintain an open-air barbecue facility if the appropriate Enforcement Officer determines that the barbecue facility meets all of the following requirements: (a) The barbecue facility is operated on the same premises as, in reasonable proximity to, and in conjunction with a Food Facility; (b)all food waste and rubbish containing food waste is handled in accordance with the requirements of this Ordinance; (c) the multi-service utensils and equipment used in conjunction with the open-air barbecue facility are made of nontoxic materials, are constructed and maintained in a manner so they can be easily cleaned, and are kept clean and in good repair; (d) food and beverages served out of doors are dispensed from units approved by the Enforcement Officer. No other food may be prepared or stored in the out of doors, except for food cooked on the open-air barbecue unit; (e) (1) except as otherwise provided in paragraph (2), no live animals, birds, or fowl shall be kept or allowed in an area within 20 feet of any area where food or beverage is prepared, stored, kept, or served; (2) notwithstanding the provisions of paragraph (1), this Section does not prohibit the presence, in any area where food is served to any person of a guide dog, signal dog, or service dog, accompanied by a totally or partially blind person, deaf person, person whose hearing is impaired, or handicapped person, or dogs accompanied by persons licensed to train guide dogs for the blind or dogs under the control of uniformed law enforcement officers or security guards or employees of the Gaming Facility (4) those persons and operators described in paragraphs (2) and (3) are liable for any damage done to the premises of a Food or Open Air Barbecue Facility by the dog; (f) if the barbecue facility is a permanent structure, it is equipped with an impervious and easily cleaned floor surface that extends a minimum of five feet from the open-air barbecue facility on all open sides; (g) the barbecue facility is located in an area reasonably protected from dust, as determined by the Enforcement Officer; (h) the barbecue facility is not operated in, or out of, any motor vehicle or in any area or location that may constitute a fire hazard, as determined by the Enforcement Officer; and (i) sanitary facilities, including, but not limited to, toilet facilities and hand washing facilities shall be available for use within 200 feet of the barbecue facility and shall comply with all provisions of this Chapter. Sanitary facilities that do not meet the requirements of this Chapter shall not be located closer to the barbecue facility than the sanitary facilities required to be provided by this section.
7.01.220 Enforcement. Any person who violates any provision of this Chapter or any regulation adopted by the Elk Valley Gaming Commission pursuant to this Chapter 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). The Enforcement Officer shall have the authority to inspect any Food Facilities at any time in order to ensure compliance with the provisions of this Chapter. Based upon an inspection, findings, or evidence, an Enforcement Officer may do any of the following:
(a) (1) Impound any food that is found to be, or suspected of being, contaminated or adulterated; (2) impound equipment or utensils that are found to be contaminated or adulterated or in such disrepair that food, equipment, or utensils may become contaminated or adulterated, and inspect, impound, or inspect and impound any utensil that is suspected of releasing lead or cadmium. The Enforcement Officer may attach a tag to the food, equipment, or utensils that shall be removed only by the Enforcement Officer following verification that the condition has been corrected.
(b) No food, equipment, or utensils impounded pursuant to subdivision (a) shall be used unless the impoundment has been released.
(c) Within 30 days the Enforcement Officer that has impounded the food, equipment, or utensils pursuant to subdivision (a) shall commence proceedings to release the impounded materials or seek administrative or legal remedy for its disposition.
Whenever an Enforcement Officer finds that a Food Facility is not in compliance with the requirements of this Chapter, a written notice to comply shall be issued to the person licensed by the Elk Valley Gaming Commission, who has responsibility for compliance with this Chapter and to the employee who is a gaming licensee who has committed the violation. If the employee/licensee fails to comply, the Enforcement Officer shall issue to the employee/licensee a notice setting forth the acts or omissions with which the employee/licensee is charged, and informing him or her of a right to a hearing, if requested, before the Gaming Commission, to show cause why their gaming license should not be suspended or revoked or a fine impose for a violation of this Chapter. A written request for a hearing shall be made by the employee/licensee 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 Gaining Commission may order a hearing at any reasonable time within this 15-day period to expedite the license suspension or revocation process or the review of the decision to impose a fine. The hearing shall be held within 15 calendar days of the receipt of a request for a hearing. Upon written request of the employee/licensee, the Gaming Commission may postpone any hearing date, if circumstances warrant the action.
The Gaming Commission shall issue a written notice of decision to the employee/licensee within five working days following the hearing. In the event of a suspension or revocation, the notice shall specify the acts or omissions that the employee/licensee is charged, and shall state the amount of any fine, the terms of the suspension or the fact that the employee's gaming license has been revoked.
Section 3. Severability. If any part or provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable.
Section 4. Effective Date. This Ordinance shall become effective on the date that it is adopted by the Tribal Council.
The foregoing Ordinance was adopted at a duly convened meeting of the Elk Valley Tribal Council held on the 15th day of November 2000, by the following vote:
John D. Green, Tribal Chairman
Date of Approval
Brenda Blake, Council Secretary
Date of Approval
December 1, 2000
Ordinances of the Elk Valley Rancheria, California