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HomeMy WebLinkAbout1984-08 06-21 AP CITY OF BROOKLYN CENTER Notice is hereby given that a public' hearing will be held on the 9th day of July at 8:00 p.m. at the City Hal 6301 Shingle Creek Parkway, to consider' an An Ordinance Repepling Chapter 8 of the City'Ordinakos Relating to BROOKLYN CENTER POST wood Sanitation and Adopting a New Sanitation Code. ORDINANCE NO- ORDINA CE REPEALING' CKAPTER 8 OF THE CITY ORDI. NANCES RELATING TO FOOD AFFIDAVIT OF PUBLICATION SANITATION AND ADOPTING 'A NEW FOOD SANITATION CODE THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: STATE OF MINNESOTA Section L SS. Section 1; Chapter B Food Sanita- COUNTY OF HENNEPIN tion Code, of the Brooklyn Center City Ordinances is hereby repealed. SECTION iJ: Chapter 8, Food Sanita- tion Code, is hereby adopted by ad- ding the boldface material: Section 1. Hennepin County Ordi- nance No. 3, Food Protection Ordi- Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the Vice-President nance for Hennepin County, is hereby of The Post Publishing Co., publisher and printer of the newspaper known as adopted by reference and shall be a part of this Ordinance as if set out in BROOKLYN CENTER POST full, except Section 11, $cope; Section IV, License and Administration; Sec and has Lull knowledgeof thefacts herein stated as fo {lows: tion V, Administration and Inspec- (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent 'lion, Subdivision,l; and Section VI; in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each Food Sources and Supplies, Subdivi- week. (3) Said newspaper has 50 percent of its news columns, devoted To news of local interest to the community which sion i thereof. All references in Ordi- it purports to serve and does not wholly duplicate any other pub{ ication and is not made up entirely of patents, plate matter nance No.' 3 to "County," "County and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at Board," 00 or "Health Authority" shall least 5 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation be read ti' refer to the 'City of currently paid or no more than three months in arrears and has entry as second -class matter in its local post _Bro tlyrt Center, its City Council, and office. (5) Said newspaper purports to serve the Sanflarlan, Health Department, or %lesign ttedagent. CITY OF BROOKLYN CENTER Seeteo 2' For the purpose of this in the County of Hennepin and it has its known office of issue in the City of New Hope in said county, established and open Orillfronce, the following terms shall during its regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and main- Me Meanings given to them. tained by the managing officer of said newspaper or persons in its employ and subject to his direction and control during all t, "Social or service agency" such regular hours and at which time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately 14 any organization not or- with the State Historical Society. (7) Said newspaper has complied with all The foregoing conditions for at least two years for profit and not part of the preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of It* 4lilkillings of which inures to the Minnesota prior To January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of I At any private shareholder or State and signed by the managing officer of said newspaper and sworn To before a notary public stating that The newspaper 1 is a legal newspaper. 2. "Quality Assurance Plan" 1 mean a written plan for the tt,,/ 1 foci of food borne illness which l w b ,t A p, He further states on oat that the printed G firrehildes a self inspection program. I P Ian shall meet the criteria of U „icy of Minnesota Exten- Service Special Report 61, which rsby incorporated and made a ort at. This Ordinance as if set out in hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published therein in full. Section 3. Licenses. :,Subd. 1.. Licenses Required. No the English language, once each week, for.. successive weeks; that it was first so published on '1�„c..t g(- I plirson shall operate a food r; t establishment or engage in the c business of operating any of the fol- the day of. 19. ..'and was thereafter printed and published on every lowing types of eOorprises within the corporate limits dff this municipality' .unless a license for the Current year to and including the... ......day of 19 and that the following is a printed copy of the of the applicable 'type described herein and listed below shall have ob tained therefor pursuant to this ordi- lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in nonce from the Clerk: Bakery food vehicle Catering food vehicle the composition and publication of said notice, to wit: Food establishment Itinerant food establishment Readily- perishable food vehicle Vemding machine vendor abcdefghijklmnopgrstuvwxyz -5 pt. Sans Special food handling %Subd i, Exemption from Second Lit*;;;. Where the business consists only of a bakery food vehicle, cater ing food vehicle, itinerant food r establishment, readily perishable food vehicle, or vending machine, a food establishment license shall not be required in addition. ..I Subd. S. Readily- perishable Food Yahkit Fleet License. When more than five readily- perishable food Subscribed and sworn to before vehicles are operated by the same person in the same business in the x 1 tr City, he may obtain a fleet license me This.. day of :4 A D 19 therefore in lieu of a separate license f 1 for each vehicle. If such fleet license is suspended or revoked, such suspension or revocation shall affect every vehicle licensed thereunder. Subd. 4. Special Food Handling (NOTARIAL SEAL) Licensel When the only food sold or offered for sale in a food establish- ment is wrapped or packaged candy, Notary Public ........................County, Minnesota or bottled or canned soft drinks, a food establishment license shall not be required;. however, a special food: My Commission Expires .......................19...... Meiling license shall be required. Subd. S. Display of License. Such license shall be conspicuously R n displayed at all times in all licensed food establishments. All food vehicles shall be identified with a decal, license plate oe other means supplied by the Clerk displayed in a conspicu- ous place thereon designated by the Clerk. e. No Affidavit of Publication OF Published in BROOKLYN CENTER POST 8801 Bass Lake Road MINNEAPOLIS, MINNESOTA 55428 DATE OF PUBLICATION ATTORNEY FILED BROOKLYN CENTER POST 11 I Section 4. Fee Exemptions, License d. Each machine must be so Required. Food service in or operated designed as to protect against in- by governmental subdivisions, festation of insects, vermin, rodents, charitable institutions, houses of wor- and to protect against the entrance of ship, child -care homes, schools, dust, dirt, rain, overhead leakeage, or charitable and non profit hospitals, other sources of contamination, and itinerant food establishments shall be so constructed and operated operated by a social or service agen- as not To create a rodent harborage. cy and employee coffee rooms shall The machine location shall be such as be required To apply for and obtain a to minimize the potential for con license and shall be subject to all re- tamination of the food, shall be well quirements of this ordinance, but lighted, easily cleanable, and the sur- shall not be charged a fee for such roudings shall be so maintained as not licnese. to create an unsanitary or unsightly Section 5. license Fee. Pees for condition. licenses issued hereunder shall be in e Each machine shall be so th 'mount set forth by the Council designed That it may be readily f time to time for Bakery Food cleaned. The walls, floors, ceiling, k. les, Catering Food Vehicles, cover- lids and other physical Food Establishments, Itinerant Food featk hall be of such construction Establishments, Readily- pertishable alto iland repeated cleaning. Food Vehicles, Vending Machines and f Au interior surfaces and compo- Special Food Handling License nent parts of the vending machine Section. 6. Administration, the ap- shall be so designed and constructed plication for such licenses shall be as To be readily cleaned in place or made on forms furnished by the Clerk removable for cleaning operations, and shall set forth the general; nature and shall be kept clean. All food con- minus 2 of the business, the location a0d such tact surfaces of the machine shall be de"s F., indicates the air other information as the 'Clerik shall smooth, non -toxic in themselves or in temperature of the warmest psfi of require. the refrigerated food store combination with food, corrosion storage come parimenf, or the coldest part of the Section 7. Temporary Suspev.sion of resistant, and relatively non- absor- License. The Health Authoril y with bent material, and shall heated food storage Compartment, capable of Pa the approval of the City N onager withstanding repeated cleaning cape cleaning and whichever is applicable. shall immediately suspend the license Subd. 2. Water Supply: All water sanitizing by normal procedures. used in vendin g of any food establishment for he vio- Each vending machine shall be be g machines shall y. lation of any terms of this se tion if so constructed that it may be opened Vending from such violations constitute an! immi- and all parts thereof made available 9 machi nes shall be l design- safe water supply d ope nent public health hazard: Upon for inspection purposes by the Health constructed, installed and perated as To notification by The Health Authority of Authority. prevent the production f toxic substances in the water or the h. Each vending machine that back -si h g y the licensee shall forthwithl cease vends a cup to receive food from such P ono a of li aids or gases in- operation. The licensee m a yj a pp eal machine shall have the dispensing to the supply line. the temporary suspension in writing Subd• 3. Identification. Each opening protected from dust and in- sled to the City Council. Uponnotificati °n sect infestation by means of a manual dreg machine shall have posted in writing by the licensee !to the or mechanical opening device. thereon a label sign stating the Health Authority that all violations i. The temperature of all vending name, address and responsible telephone number have been corrected for whi h tem- of the person responsible for its porary suspension was invoked, the machines which dispense perishable operation. Health Authority shall reinsp act the unfrozen food shall be maintained at SECTION I I I: Section 1. This Ordinance shall food establishment within a ^eason- temperature of 40 degrees F., or r below, or 150 de rees F., or above, able period of time. If all vioQlations g become effective after adoption constituting the grounds for t:e tem- whichever is applicable- Where frozen upon thirty (30) days following is dd food is being vended, the temperature l Publication, porary suspension .have, ben cor- rected, the Health Authorit shall shall maintained at S degrees Ado immediately terminate the wspen- or below at all times; provided thaat t pied this-day of_, 19_. sion. The Health Authority i nd the actual time may be made for a the City Manager may not suspend a ctuame required to load d or otherwise service the machine and for Mayor license if the violation or vii .lations a maximum recovery period of 30 A' ST: which constitute an imminent public minutes following completion of Clerk hazard can be eliminated orrr moved loading or servicing operation; and by embargo or condemnation. June21 98d the official newspaper Section 8. Inspection and :orrec- (b) in the case of hot food vending Lion. Transport or Sale, Noi a Pro- machines, a maximum of minutes Effective hibi' "No person licensed un ter this to heat food Through the d degree (Brackets ets indicate matter to or( e, shall call attentio to his to 150 degree temperature In re zone- ter.) bus, i or to his led, b oldface indicates new mat hot food vending machines which are re goods; wares or "not. equipped with refrigerated (Published in the Brooklyn Center merchandise, by crying them out, by storage, there shall be no time delay Post June 21, 1984-) blowing a horn or by any oud or to preclude heat from being applied to unusual noise. perishable food immediately after it Section 9. Food Sources; QII food in is loaded or placed in the machine. all food establishments shall br clean, Perishable food once heated to, or wholesome, free from spoilag adul- held at, a temperature of 150 degrees teration, and misbranding, ar d shall be prepared, processed, handled, or above shall be maintained at such packaged, transported and stired so such temperature until served or discarded. as to be protected from contarr ination and spoilage and shall be site for I• Vending machines dispensing perishable food shall io provided with human consumption. No home adequate refrigeration prepared foods shall be kept nr used n or heating in any food establishment exa pt that trots, or both, and thermostatic con home prepared foods othe' than Trols which ensure the maintenance of applicable Temperatures at all times. readily- perishable foods mayle kept or used in schools and houses )f wor- Such vending machines shall also ship and by social or service a lencies have controls which prevent the at itinerant food establishme its. No machine from vending perishable more than three itineran i food food until serviced by the operator, in n non establishment licenses authorizing the event of power failure other the if home prepared,, fooAs shall condition which results in be i to a social or service agency compliance with temperature re- in any calendar year. All food receiv- pa r ime ents i the food storage hom- ed or used in all food establis iments d des Hot food vending machines me shall be from sources approve( by the designed to heat food through the 40 Health Authority. degree re F. range 150 degree be F. Section 10. Vending Machines, temperature range shall also be Subd: 1. Each vending n achine equipped automatic controls which g reel ie machine incapable of ven- licensed under this Ordinance hall be dim shable food until serviced by constructed and maintained as the o,. ator in the event that heating follows: through this temperature range is not a. Each machine shall be fill ad only accomplished in 120 minutesor less. with wholesome ingredients .which Perishable food which has failed To have been manufacture I and conform to the time temperature re- packaged under sanitary cor ditions quirements of this section shall be and transported To the machine in removed from the vending machine sanitary containers or vehicles. and not made available for sale b. The owner or operator of i II such unless inspected and approved by the vending machines shall,' wt enever Health Authority as safe for human requested, make provision (or the consumption. Vending machines Health Authority to have access, dispensing perishable food shall be either in company with an en ployee provided with one or more thermom- or otherwise, to the interior of all eters which, to an accuracy of plus or vending machines operated byIim. c. Every licensee shall ke,,p and maintain each vending machine in a clean; wholesome and sanitary condi- tion atall times.