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HomeMy WebLinkAbout1984-08 07-19 AP BROOKLYN CENTER POST AFFIDAVIT OF PUBLICATION r STATE OF MINNESOTA COUNTY OF HENNEPIN SS. Richard Germundsen, being duly sworn, on oath says he is and during all times nerein stated has been the vice- President of The Post Publishing Co., publisher and printer of the newspaper known as BROOKLYN CENTER POST and has fu I I knowledge of the facts herein stated as fol lows: (1) Said newspaper is printed in the English language in newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least once each week. (3) Said newspaper has 50 percent of its news columns, devoted to news of local interest to the community which it purports to serve and does not wholly duplicate any other publication and is not made up entirely of patents, plate matter and advertisements. (4) Said newspaper is circulated in and near the municipality which it purports to serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75 percent of its total circulation currently paid or no more than three months in arrears and has entry as second -class matter in its local post office. (5) Said newspaper purports To serve the CITY OF BROOKLYN CENTER 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 during its regular business hours for The gathering of news, sale of advertisements and sale of subscriptions and main- tained by the managing officer of saidnewspaperor persons in its employ and sublectto his direction and control during all such regular hours and atwhich time said newspaper is printed. (6) Said newspaper files a copy of each issue immediately with the State Historical Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years Preceding the day or dates of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the managing officer of said newspaper and sworn To before a notary public stating that The newspaper is a legal newspaper. He further slates on oath that The printed r hereto attached as a part hereof was cut from the columns of said newspaper, and was printed and published Therein in the English language ,once each week, for. successive weeks; that it was first so published on The /.......day of. J:" 19 ..:..and was thereafter printed and published on every...... to and including the.......... day of 19 and That the following is a printed copy of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and kind of type used in the composition and publication of said notice, To wit: abcdefghijklmnopgrstuvwxyz -5 pt. Sans 0. i6t C J00 Subscribed and sworn to before me This:. d ay A hh19��.... ..`......�J`Y' (NOTARIAL SEAL) Notary Public ........................County, Minnesota My Commission Expires .......................19...... T 'L ,,,.fit. 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 t o B 1't!�►t D. Itinerant food establishment: $25 for the first day's operation, plus $10 for each additional day of operation in a continuous period. E. Readily perishable food vehicle: $30 per annum. CITY OF BROOKLYN'. CENTER F. Readily-perishable food vehicle, fleet license; $150per annum. NOTICE OF ORDINANCE ADOPTION G. Vending Machine— Vendor ORDINANCE NO,! 84-08 1. Bulk Vendor -$25 per annum for operators of machines which vend AN ORDINANCE REPEALING CHAPTER 8 OF THE CITY gumballs, nuts, panned candies, etc., in unpackaged form. ORDINANCES 2. Nonperishable Vendor —$8 per annum for operators of machines RELATING TO FOOD SANITATION AND ADOPTING A NEW FOOD which vend nonperishable products in a sealed container wrapped SANITATION CODE package, or open cup... On July 9, 1984 the Brooklyn Center City Council adopted, the above titled 3. Perishable or Readily- Perishable Vendors —$20 per annum for op- ordinance without modification of the published test. The ordinance was erators of machines which vend perishable or readily perishable published in the City'sofficial newspaper on June 21,1984. products. The following ordinance amendment repeals Chapter 8 of the City ordi- 4. Combination Nonperishable Perishable Vendor —$28 per annum for nances and adopts a new food sanitation code:. operators of perishable and nonperishable product machines. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES 5. Machine Location Permits —In addition to the vendor license fees ORDAIN AS FOLLOWS: required herein, each licensed vending machine operator shall obtain Section 1. Chapter 8 of the Brooklyn Center City Ordinances is hereby a permit for each vending machine .location at which he operates repealed asfollows: vending machines within the City. The fee for such permits shall be FOOD SANITATION CODE in accord with the following schedule: Se ction 8 -100. DEFINITIONS. For each machine location: 8- 100.01. Adulterated Food shall mean any food which consists in whole or a. $4 for each machine vending bottled or canned soft drinks, in part of any filthy, putrid, decayed, or decomposed substance, or consists prepackaged confections and similar dry, nonperishable items, or in whole or in part of the product of a diseased animal which has died by for ech machine which manufacturers and or vends packaged or accident, disease, or otherwise than by slaughter; contained in an im- unpackagedice. mediate .package which is composed of any poisonous or deleterious b. $7 for each machine vending perishable or readily perishable substance which may render the contents injurious to health; bears or con- food. tains any poisonous or deleterious substance which may be injurious to As employed herein, The term "vending machine location" shall mean the health, provided, however, if such food bears or contains poisonous or room,- enclosure, space, or area where one or more vending machines are deleterious substance added thereto or found therein for which a safe toler- installed and operated. ante or standard has been established by lawful regulation or law, such food H. Special food handling license: $30 per annum. shall not be adulterated food if such deleterious substances are not in excess Section 8 -104. ADMINISTRATION of such tolerance or standard. 8- 104.01. Application, Issuance, Maintenance,, and Administration. The 8- 100.02. Approved shall mean acceptable to the health authority follow- application for such licenses shall be made on forms furnished by the City ing his determination as to conformance with established public health Clerk and shall set forth The general nature of the business, the location, and practices and standards. such other information as the City Clerk shall require, and such application 8- 100.03. Bakery Food Vehicle shall mean any food vehicle used to and issuance of such licenses and their maintenance, termination and ad- transport bakery goods about the streets of the City, for the purpose of sale ministration shall be in accordance with the subject to all conditions of of such goods from door to door. Chapter 23 of the City of Brooklyn Center Ordinances relative to general 8-100.04. Catering Food Vehicle shall mean any food' vehicle used to requirements for issuance of licenses of the City of Brooklyn Center. transport any food from its point of preparation to a point where the food is Section8 -105. INSPECTION AND CORRECTION. served from the vehicle to the consumer, or any food vehicle wherein food is 8.105.01 inspections Outside the Corporate Limits of the City of Brooklyn prepared for saleor servicetothe consumer. Center. The Health Authority may inspect food establishments situated out 8.100.05. Clean shall mean free from physical, chemical, and microbial side the corporate limits of the City of Brooklyn Center which sell or substance discernible by ordinary sight or touch, by ultra- violet light, by distribute any :food to persons licensed under this ordinance by the City of artificial light, and the safranine-o dye test and free from insects, vermin Brooklyn Center. The fees for such inspections shall be equal to the total of and debris. The actual cost of salary paid the Health Authority by the City of Brooklyn. 8.100.06. Employee shall mean any person who renders a personal ser- Center for the number of hours necessarily spent in such inspection, and the vice, with or without compensation, within a food establishment. cost of transportation incurred or expended by the Health Authority for 8.100.07. Embargo shall mean the withholding of food, equipment, uten- mileage at the rate of 7 cents per mile actually traveled from the City Hall sils or clothing from sale or use in any establishment that comes within the purview of this ordinance until approval is given by the health authority for such sale or use. 8.100.08. 'Food shall mean, any raw, cooked, or processed substance, beverage, or ingredient used or intended for use in whole, or in part, for or last place of inspection, whichever is less, and returning to the City human consumption. The term "food" shall further include, but not be Health Department at the Brooklyn Center City Hall. The City Health limited to, ice and water. Authority shall report cost of such inspections to the Clerk who shall render 8- 100.09.. Food Contact Surfaces shall mean those surfaces of the equip- statements for such inspection costs to the licensee who obtains food from ment and utensils with which food normally comes into contact and those such source outside the City limits and the licensee shall within ten days pay, surfaces with which food may come in contact, except by spill, and surfaces the amount claimed in the statement to the City of Brooklyn Center. Such which drain back onto surfaces in contact with food. inspections shall not be made unless authorized by the City Administrator 8- 100.10. Food Establishment shall mean any building, room, stand, upon demonstration of reasonable cause. In lieu of making inspections enclosure, vehicle; space, area, or other. place wherein food is stored, beyond the corporate limits of Brooklyn Center, the Health Authority may prepared, manufactured, processed, wrapped, canned, packed, bottled, accept the reports of other governmental food inspection agencies. transported, distributed, sold or offered for sale or served in any way with 8- 105.02. Inspection of Food Establishments. The Health. Authority shall or without charge, except private homes. inspect every food establishment as frequently as he may deem necessary 8- 100.11. Food Vehicle shall mean any food establishment consisting of a To insure compliance with this'ordinance. mobile vehicle which hauls any food for the purposes of delivery or sale. 8-105.03. Posting. Each inspection report shall be posted by the Health 8.100.12. Health Authority shall mean the City Health Officer of the City Authority upon an inside wall of the food establishment, not in a public area, of Brooklyn Center or his authorized representative. and such inspection report shall not be defaced or removed by any person, 8-100.13. Home Prepared Food shall mean any food which has been pro- except the Health Authority. The posting of the inspection report, upon the cessed or prepared in a private home not licensed under this ordinance. inside wall of the food establishment shall constitute service of an official 8- 100.14. Itinerant Food Establishment shall mean a food establishment notification of the inspection by the Health Authority. The Health Authority operating for a temporary period, including, but not limited to, a fair, car- may, in lieu of posting such report, deliver it to the licensee or his authoriz- nival, circus, church supper, or public exhibition. ed agent. Another copy of the inspection report shall.be filed with the re- 8-100.15. Misbranding shall mean the use or any written, printed, or cords of the Health Department graphic matter upon or accompanying products or containers of food, which 8-105.04. Access to Premises and Records. The person operating the food violates any applicable local, State, or Federal labeling requirements. establishment shall, upon request Of the Health Authority, and after proper 8- 100.16. Perishable Food shall mean foods such as fresh fruits and identification, permit access to all parts of the establishment at any rea vegetables and other foods which will '.decompose in the absence of sonable time for purpose of inspection and shall exhibit and allow copying of refrigeration. any records necessary to ascertain sources of foods. 8. 100.17. Person shall mean any individual, firm, partnership, corpora- 8-105.05. Removal and Correction of Violations. All licensees, owners, or tion, trustee, or association and with respect To acts prohibited or required operators of food establishments having a report posted in the food herein, shall include employees and licensees. establishment or having received a report giving notification of one or more 8- 100.18. Prepackaged Food shall mean clean, unadulterated, wholesome violations of this ordinance shall correct or remove each violation in a rea- food packaged ina substantial, clean container or wrapper. sonable length of time determined by the Health Authority. The length of 8-100.19. Quality Assurance Plan shall mean a written plan for the time for the correction or removal of each such violation shall be noted on prevention of food borne illness to include, a self inspection program. This the inspection report. The failure to remove or correct each such violation plan shall meet the criteria of the University of Minnesota Extension Ser- within the time period noted on the inspection report shall constitute a sep- vice Special Report No. 61, which is hereby incorporated in and made a part arate violation of this ordinance. of this ordinance. Quality Assurance Plans must be filed with and approved Section 8 -106. EMBARGO, EXAMINATION, CONDEMNATION, TAG- by the City's Public Health Sanitarian as a condition of the license. GING AND NOISE RESTRICTION. 8- 100.20. Readily Perishable Food shall mean any perishable food con- 8- 106.01. Embargo, Examination, Condemnation and Tagging. Samples of sisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, food may be embargoed and examined by the Health Authority as often as or any other food capable of supporting rapid and progressive growth of may be necessary for the detection of unwholesomeness or adulteration. microorganisms which can cause food infection or food intoxication. Equipment and utensils, which do not meet the requirements of this ordi. 8- 100.21. Readily Perishable Food Vehicles shall mean any food vehicle, nance, may be embargoed, provided, that such equipment and utensils shall except catering food vehicles and bakery food vehicles Which is used to be released from the embargo upon notification of the Health Authority by transport readily perishable foods as herein defined within or into the City the licensee of alteration of such equipment or utensils to meet the re- of Brooklyn Center for delivery therein. quirements of this ordinance and after inspection of such utensils and 8-100.22. Safe Water shall mean water which is not adulterated and which equipment by the Health Authority. The Health Authority may condemn and isfree from pathogens and coliform organisms. forbid the sale of, or cause to be removed or destroyed, any food which is 8- 100.23.. Safe Water Supply shall mean a source of safe water from ei- unwholesome or adulterated, unfit for human consumption, or otherwise ther the municipal water system or a source of water, the operation, Iota- prohibited by the City ordinance or State or Federal law. The Health tion and construction of which have been approved by the Minnesota. State Authority may condemn and cause to be removed any equipment, clothing Board of Health. or utensils found inafood establishment, the use of which would not comply 8- 100.24 Single- Service Utensils shall mean all utensils which are meant with this ordinance, or which is being used in violation of this ordinance; to be used only once and then discarded. and also may condemn and cause to be removed any equipment, clothing or 8.100.25. Smooth shall mean having an even surface free of cracks, chips, utensils which by reason of dirt, filth, extraneous matter, insects, corrosion, open seams, rust, corrosion, breaks, pits, checks and ridges. open seams, or chipped or cracked surfaces is unfit for use. The Health 8-100.26. Smooth,'with reference to equipment and utensil surfaces, in Authority may place a tag to indicate the embargo or the condemnation addition to the definition of smooth herein, shall mean a surface which in the upon such food, equipment, utensils, or clothing. No person shall remove case of stainless steel, nickel alloy or other corrosion resistant metal, has at such tag, except under the direction of the Health Authority. least a No. 4 mill finish; or in the case of cast and forged steel and cast 8- 106.02. Transport or Sale, Noise Prohibited. No person, licensed under alloy, .has a roughness not exceeding American Standards No. 125; or in the this ordinance, shall call attention to his business or To his goods, wares, or case of noncorrosion resistant alloys, is at least as smooth as commercial merchandise, by crying them out, by blowing horn, or by any loud or grade rolled steel and is free of loose scale. i unusual noise. 8- 100.27. Social or Service Agency shall mean a Minnesota nonprofit Section 8-107. ITINERANT FOOD ESTABLISHMENTS. corporation substantially devoted to public service or public'charity, estab- 8-107.01. Itinerant Food Establishments. Itinerant food establishments lished and regularly operating within the City for a. period of more than one shall comply with all the applicable provisions of this ordinance, and shall year, the bulk of those members and shareholders reside within the City. be constructed and operated in an approved manner, provided that specific B-100.28. Utensils shall mean all kitchenware, tableware, dishes, requirements for physical facilities maybe waived by the Health Authority glassware, cutlery, pots, pans, containers,i implements, or other equipment when suitable have been provided. Before commencing operations of any with which good comes in contact during storage, cooking, preparation, kind, the licensee hereunder shall notify the Health Authority that such food display, or serving. establishment is ready for final inspection, and the Health Authority shall 8- 100.29. Vending Machine shall mean any self- service device which uponi immediately make an inspection and issue areport thereon, and no itinerant insertion of a coin, coins or tokens, or by other similar means, dispenses unit food establishment shall commence operations until the requirements of.this servings of food, either in bulk or in packages without the necessity of ordinance have been met in accordance with the Health Authority's final replenishing the device between each vending operation. inspection reports. 8- 100.30. Wholesome shall mean sound; healthful, clean unadulterated,l Section 8-108. FOOD SOURCES. and in all ways fit for human food. 8- 108.01. Sources of food General. All food in all food establishments Section 8-101. LICENSES.. shall be clean, wholesome, free from spoilage, adulteration, and misbran- 8- 101.01. Licenses Required. No .person shall operate a food establish- ding and shall be prepared, processed, handled, packaged, transported, and ment or engage in the business of operating any of the following types of stored so as to be protected from contamination and spoilage and shall be enterprises within the corporate limits of the City of Brooklyun Center safe for human consumption. No home prepared food shall be kept or used unless a license for the current year of the applicable type described herein in any food establishment, except that home prepared foods other than and listed below shall have been obtained therefor pursuant to this ordi readily perishable foods may be kept or used in schools, in houses of wor- nance from the City Clerk: ship, and by social or service agencies at itinerant food establishments. No Bakery food vehicle Itinerant food establishment more than three itinerant food establishment licenses authorizing the sale of Catering food vehicle Readily- perishable food vehicle home prepared foods shall be issued to a social or service agency in any Food establishment Vending machine vendor calendar year. All food received or used in all food establishments shall be 8- 101.02. Exemption from Second License. Where the business consists from sources approved by the Health Authority. only a bakery food vehicle, catering food vehicle, itinerant food establish- 8-108.02. Sources of Dairy Products. Milk and fluid milk products shall be ment, readily perishable food vehicle, or vending machine, a food Grade "A "and shall be served to the consumer in the individual, unopened establishment license shall not be required in addition. containers in which they were received from the distributor, or served from 8-101.03. Readi ly- Perishable Food Vehicle Fleet License. When more than a bulk container equipped with a sanitary dispensing device, provided, five readily perishable food vehicles are operated by the same person in the however, that cream, whipped cream, or half and half may be poured from same business in the City, he may obtain a fleet license therefor in lieu of a an opened original container or from an approved dispenser for use or ser- separate license for each vehicle. If such fleet license is suspended or vice on the premises, provided further that milk served at hospitals and in- revoked, such suspension or revocation shall affect every vehicle licensed stitutions may be served from one quart or two quart containers packaged thereunder. at a milk plant, and mixed milk drinks requiring less than one -half pint of 8- 101.04. Special Food Handling- License. When the only food sold or of- milk may be poured from one quart or two quart containers packaged at a fered for sale in a food establishment is wrapped or packaged candy, or milk plant. The dipping or ladling or milk is prohibited except for im- bottled or canned soft drinks, a food establishment license shall not be re- mediate cooking purposes, provided further that this section'shall not apply to manufacturing or processing food establishments which make no sales at quired. 8- 101.05. Display of License. Such licenses shall be conspicuously retail nor direct sales to consumers. all displayed at all times in all licensed food establishm All food vehicles 8- 108.03. Sources of Shellfish. No person shall have or keep in any food establishment any oysters shall be identified with a decal, license plate, or other means supplied by the dams, mussels, or other shellfish from a source City Clerk displayed in a conspicuous place thereon designated by the City which has not been approved by the Minnesota State Board of Health or if Clerk. the source is outside the State, from a shipper whose name is not on the Section 8-102. FEE EXEMPTIONS. current list of State Certified Shippers, issued from the Public Health Ser- 8- 102.01 Fee Exemptions, License Required. Food services in or operated vice, and such approval shall be evidenced by official stamp on the con by governmental subdivisions, charitable institutions, houses of worship, Tainer. Shucked shellfish shall be kept in the original container until used. establishments operated by a social or service agency, and employee coffee Oysters, clams, mussels and other shellfish, if served on the shell, must be rooms, shall be required to apply for and obtain a license, but shall not be served in the original shell. charged a fee therefor, but shall be subject to all requirements of this ordi- 8- 108.04. Sources of Meat.. All meat and meat products received, kept, or nance. used in any maner in any food establishment shall be officially identified as Seetion8.103. LICENSE FEES. having been inspected for wholesomeness under the supervision of a licens- 8- 103.01. License Fees. Fees for licenses :issued hereunder shall be as ed veterinarian, and any such products upon which any such official iden tification is lost by reason of the processing thereof shall be identified by the follows: A. Bakery food vehicle: $25 per annum for each vehicle. name and location of the processor thereon. B. Catering food vehicle: $100-per annum,. plus $10 per annum for each additional facility vehicle. C. Food establishment: $100 per annum, plus $10 per annum for each ad- ditional facility on the same premises for food establishments with a Quality Assurance Plan as defined in Section 8-103.19. $200 per annum, plus $20 per annum for each additional facility on the same premises for food establishments without a Quality Assurance Plan as defined in Section 8- 103.30. 8- 108.05. Sources of Poultry and Poultry Products. All poultry and poultry products shall be clean, wholesome, free from pathogenic microorganisms, spoilage and adulteration, and shall be processed in a food establishment 8- 113.08. Storage. Equipment and utensils after bactericidal treatment, under the supervision and inspection of the United States Department of shall be stored in a clean, dry place protected from flies, dust and other Agriculture, and shall be approved by the Health Authority. All shell eggs contamination, and shall be handled so as to prevent contamination. Wet must comply with the above, except that they need not be processed under cold- storage of glasses or similar utensils is prohibited. All under counter the supervision of the United States Department of Agriculture, but shall be utensil storage compartments less than 18 inches from the floor shall be processed, handled and distributed as required by State laws and regula- enclosed and shall be kept enclosed except during times of meal service. tions, and by thisordinance, and shall be approvedby the Health Authority. Enclosed automatic utensil elevators shall be accepted. Cups and glasses No broken -out, liquid or frozen eggs, whether mixer or separated as yolks stored on shelves shall be inverted. Rack or tray stacking of glasses is ac- or whites, with or without salt or sugar added shall brought into, produc- cepted. Shelving shall be protected by easildy cleanable, nonabsorbent ma- ed, held, received, used, sold, or offered for sale in any food establishment aerials, paint, varnish, or equivalent. in the City unless they have been pasteurized or treated as to destroy all 8- 113.09. Storage —ice Cream Dippers. Running -water dipper wells con viable pathogenic microorganisms and processed and packaged under the netted to a safe water supply and to the municipal sewerage system shall be supervision and inspection of the United States Department of Agriculture. provided for ice cream dippers and scoops at all locations or stations where Coliform and fecal streptococci may not exceed 100 organisms per gram. All bulk ice cream is dispensed. This requirement shall not apply in those situ- containers of broken out, liquid or frozen eggs shall be labeled or marked ations where ice cream is being served at a temporary location; however, in with indelible ink to indicate the date when and the place where the eggs such cases containers of water used for ice cream dippers and scoops shall were broken, together with the name of the owner of the egg-breaking have the water therein changed at least every twenty minutes. establishment the word "pasteurized" and the inspection legend of the 8- 113.10. Single- Service. All single- service utensils shall be stored, United States Department of Agriculture. handled, and dispensed in a sanitary manner, and shall be used only once, 8- 108.06. Sources of Frozen Dairy Foods. All frozen dairy foods, such as Section 8-114. WATER SU PPLY AND ICE. but not limited to, ice cream, frozen custards, icemilk; milk sherbet, fruit or 8- 114.01. Water —Safe. Water and Safe Water Supply. Safe water from a ice sherbet, and frozen malted milk, shall meet applicable state laws, rules safe water supply consisting of hot and cold running water under pressure and regulations. shall be provided in all food establishments where food is prepared and Section8 -109. FOOD PROTECTION. where utensils, equipment, containers, or hands are washed, with the ex- 8.104.01-. Food Protection. After delivery and�.while being Stored, ception of food vehicles, which handle only prepackaged food or which han- dle meat being transported in the manner provided by State law and regu- prepared, displayed; served, or sold in food establishments or transported lations. between such establishments, all foods shall be protected against con i8- 114.02. Water Sources. All water shall be drawn from the municipal tamination from work surfaces which are not clean, utensils which have not water system, provided, however, a water supply located on the premises been given bactericidal treatment, unnecessary handling, flooding by may be used if the operation, location, and construction conform to the sewage or drainage, coughs, sneezes, overhead leakage, dust, flies, insects, standards of the Minnesota State Boardof Health. rodents, and other vermin, or any other source of contamination. All 8- 114.03. Water —Cross Connections to City Water Prohibited. No direct perishable food shall be stored at such temperatures as will protect against connection shall be made or permitted to exist between the public supply spoilage, and all readily- perishable foods shall be kept at or below 45 system of the City of Brooklyn Center and any other source of water. degrees F. or at or above 140 degrees F., except during preparation.. Frozen 8- 114.04. Water —Cross Connections to Nonpotable Water Systems Pro- food shall be kept at or below 5 degrees F. Poultry and pork shall be hibited. The safe water supply supply y piping ichis not in any manner be directly thoroughly cooked before being served. Individual portions of food once connected with any water supply which is not safe. Any piping which con served to the customer shall not be served again, provided, that wrapped veys nonpotable water shall be identified by color so that it is readily foods, which have not been unwrapped and are still wholesome, may be re- distinguished from piping which carries potable water. served. The requirements for temperature, for the storage, for the display, 8- 114.05. Filling, Transporting, and Dispensing Water from Containers., and for the food protection against contamination as contained in this ordi- Water used for drinking purposes, which is not dispensed through the water nance shall apply in the transporting of food from a food establishment or supply pipes of the plumbing system, shall be safe water from a safe water other location to another food establishment or other location for delivery, supply, and shall be placed in a. container, transported, and dispensed in a service,orcateringoperations. sanitary manner. 8- 109.02. Toxic Materials, Poisonous polishing materials are specifically 8- 114.06. Water -ice. All ice shall be manufactured only from safe water prohibited in all areas used in connection with food establishment opera- which has been obtained from a safe water supply. Ice shall be handled and tions, and only such other Toxic materials as are required for sanitary transported in single- service containers, or in utensils which are clean and operations may be present in such areas. Toxic materials shall be obtained, which have been subjected to bactericidal treatment. Buckets, scoops, and identified, stored., and used only in such manner and under such conditions ice containers, unless they are single- service utensils, shall be made of as wi ll not contaminate food or constitute any other hazard to man. smooth, impervious material, and designed to facilitate clearing. They shall Section 0.01, Health PERSONNEL. and Disease Control. No person while affected with any 8-11 be clean at all Times. Canvas containers shall not be used. If ice crushers 0.01, Hea are used, they should be easily cleanable. They shall be maintained in a disease in a communicable form, or while a carrier of such disease, or while clean condition and shall be subject to bactericidal treatment and shall be afflicted with boils, infected wounds; sores, or any acute respiratory infec- covered when not in use tion shall work in any area of a food establishment in any capacity in which Section 8-115. SEWAGE. there is a likelihood of transmitting disease, and no owner or operator of a 8-115 -01. Sewage Disposal. All water carried sewage. shall be disposed of food establishment shall employ in such an area any person known or by means of the public sewerage system of the City, if such system is avail suspected of being affected with any such disease or condition. If the man- able, provided that when an individual .sewage disposal system is required, ager, owner, or operator of the establishment suspects that any employee it shall be designed, located, and constructed in compliance with the City has contracted any disease in a communicable form, or has become a car- Code and the standards of the State Board of Health; provided, however, rier of such disease; he shall notify the Health Authority immediately. on that food v vehicles may dispose of their i liquid waste into receptacles carried 8- 110.02. Cleanliness. All persons shall wear clean outer garments, main- tain a high degree of personal. cleanliness and conform to h i n the vehicle for That purpose. This waste ultimately snail be discharged during all periods Of duty. Hair nets, head bands, caps,9or her chair into n public sewerage system or wate u p disposed of n a manner which restraints shall be used to keep hair from food utensils, and a ui ment. All will not endanger any source h water supply, pollute any body of surface q p water, create a nuisance, or otherwise endanger the public health and safe Persons shall wash their hands thoroughly in an a pproved handwashing fa- ty. cility before starting work, and as often as may be necessary to remove soil Section 8-116. PLUMBING. and contamination. No person shall resume work after visiting the toilet 8- 116.01. Plumbing. Plumbing shall be so sized and 'installed and main- room without first washing his hands. tained as to cart adequate in Y 4 quantities of water to required locations 8- 110.03. Tobacco, The use of tobacco in any form by person engaged throughout the establishment; prevent contamination of the water supply; handling, preparing, or serving food, or cleaning utensils and equipment in convey sewage and liquid wastes adequately from the establishment to the a food establishment is prohibited at all times when such persons are on du- sewerage system; and so that it does not constitute a source of contamina- ty for such work, provided, that designated locations,mlay be approved by tion of food, utensils, or equipment, or create an unsanitary condition or the Health Authority for smoking, nuisance. Food service equipment such as refrigerators, dishwashing Section 8-111. EQU I PMENT AND FACILITIESPROVIDED. machines; ice makers., and steam tables shall not be directly connected to 8- 111.01. Required Equipment. Every food establishment shall be provid- the sewer. ed with equipment, applicable to the operation therein: conducted, which is Section8 -117. TOILET AND LAVATORY FACILITIES. so designed, constructed, installed, located, and maintained as to permit full 8-117.01. Toilet Facilities. Every food establishment with the exception of com pliance withthe provision of this ordinance. food vehicles and vending machines shall be provided with conveniently Section 8-112. SANITARY DESIGN, CONSTRUCTION AND INSTALLA- located and approved water flush toilets for employees which are kept clean TIONOFEQUIMENTANDUTENSILS. i and in good repair and free from flies, insects, and offensive odors. Toilet 8- 112.01. Sanitary Design, Construction and Installation of Equipment and fixtures and seats shall be of sanitary design and readily cleanable, The Utensils. i doors of all toilet rooms shall be self closing. Easily cleanable receptacles a. All new and replacement equipment and utensils shall be of such ma- shall be provided for waste materials. When toilet facilities are provided for terial, workmanship,, and design as to be smooth, easily cleanable, patrons such facilities shall meetthe requirements of this item. resistant to wear, denting, buckling, pitting, chipping, and razing, and 8- 117.02. Lavatory— Required Equipment. Every food establishment other capable of withstanding scrubbing, scouring, repeated corrosive action than vending machines, itinerant food establishments and food vehicles of cleaning compounds, and other normal conditions and operations, handling only prepackaged food or which transport meat in the manner Food contact surfaces shall be nontoxic. Food contact surfaces and Sur- provided by state .law or regulation shall be provided with adequate,, conve- faces which come in contact with food debris shall be readily accessible niently located, and approved lavatory facilities with hot and cold running forcleaning and inspection. water, hand cleansing compound, and sanitary towels or .hand- drying b. All equipment .shall be so installed and maintain as to facilitate the devices, provided, that in all new or extensively, altered food establishments cleaning thereof, and of all adjacent areas, and shall be kept in good handwashing facilities shall be provided within all areas where food is repair. Equipment in use at the time of adoption of this ordinance, prepared. which does not fully meet the above requirements, may be continued in Section8 -118. GARBAGE AND REFUSE DISPOSAL use only if it is of such design and is installed and maintained so that it 8- 118.01. Garbage and Refuse Disposal. All garbage and refuse shall, is kept in a clean and sanitary condition. prior to disposal, be kept in tight, nonabsorbent containers which shall be c. All equipment installed after the passage of this ordinance shall com- kept covered with close-fitting lids when filled, in storage, or not in con ply with Standards 1, 2, 3, 4, 5, 6, 7, 8, C -1, and C -2 of the National Sanitary tinuous use, provided, that such containers need not be covered when stored Foundations, or the Vending Machine Evaluation Manual of the in special insect and rodent proofed room or enclosure or food waste Automatic Merchandising Association when applicable, which Stan- refrigerator. All other refuse shall be stored in containers, rooms, or areas dards are hereby adopted and incorporated herein by reference and in an approved manner. The rooms, enclosures, areas, and containers used three marked official copies of said standards shall be kept on file by the shall be adequate for the storage of all garbage and refuse accumulating on City Clerk. Equipment not covered by such standards shall not be in- the premises. Adequate cleaning facilities shall be providedand each con- stalled before it has been approved by the Health Authority. tainer, room, or area shall be thoroughly cleaned after the emptying or d. Single-service utensils shall have been manufactured, packaged, removal of garbage and refuse. Food waste grinders, when installed, shall transported, stored, and handled in a sanitary manner. p plumbing garbage and refuse shall be Section 8 -113. CLEANING,: BACTERICIDAL TREATMENT AND compl with the lumbin .ordinance. All STORAGE OF UTENSILS AND EQUIPMENT. disposed of with sufficient frequency and in such a manner as to prevent a 8- 113.01. Kept Clean-General Requirements. All utensils and equipment nuisance. shall be thoroughly cleaned, and food contact surfaces of utensils and 8.1199.01. .01. Insect and Rodent RODENT CONTROL. equipment shall be given bactericidal treatment and shall; be stored in such nt Control. Effective measures shall be taken to a manner as to be protected from contamination. prevent the entrance, breeding or presence on the premises of flies, roaches, insects, rodents, and all other vermin. Section 8- 120.FLOORS, WALLS, AND CEILINGS. 8- 113.02. Hot Water Method. This method of bactericidal treatment shall 8- 120 -01. Floors, Walls and Ceilings. The floor surface in kitchens and in consist of immersion for at least two minutes in clean, hot water at a all other rooms and areas in which food is stored or prepared, utensils are temperature of at least 170 degrees Fahrenheit or for one-half minute in washed or stored, or garbage or refuse is stored, and in toilet rooms, dress boiling water: A thermometer shall be kept in a convenient place near the ing or locker rooms, and walk -in refrigerators shall be of smooth nonabsor- facilities for checking the water temperature. Pouring or spraying water bent materials, and so constructed as to be easily cleanable, provided, that over washed utensils or equipment is prohibited as a means of bactericidal the floors of dry food, nonrefrigerated, storage areas need not be nonabsor- treatment, except in a spray cabinet or an automatic dishwasher. Water bent. All floors shall be kept clean and in good repair, and the use of sawdust used for bactericidal treatment of utensils and equipment shall at all times and similar material shall not be permitted. These requirements do not during business hours be kept at a temperature of at, least 170 degrees prevent the use of rugs and carpets in dining rooms and hallways, provided, Fahrenheit, and at all other times while utensils and equiment are being that such floor coverings are kept clean. washed and given bactericial treatment, the water shall be kept at a Abrasive strips also may be used wherever deemed necessary to ire temperature of at least 170 degrees Fahrenheit. A three compartment sink vent accidents. Floor drains shall be provided in all rooms where floors are shall be used with the first compartment for washing, the second compart- subjected to flooding type cleaning or where normal operations release or ment for rinsing, and the third compartment for immersion in water at a discharge water or other liquid wastes on the floor. The walking and driving temperature of at least 170 degrees Fahrenheit. The bactericidal compart- surfaces of all exterior areas where food is served shall be kept clean, pro ment must be properly equipped with a heating unit or other means to perly drained, and finished so as to facilitate maintenance and minimize maintain the specified temperature while in use. Drainboards shall be pro dust. The walls and ceilings of all rooms shall be kept clean and in good vided ateach end of the sink. repair. All walls of rooms or areas in which food is prepared, or utensils or 8- 113.03. Chemical Method. All utensils and equipment shall be clean be- hand washed, shall have easily cleanable, smooth, light- colored, washable fore being subjected to bactericidal treatment by any chemical method. surfaces up to the highest level reached by splash or spray. a. Chemical Solution once used shall not be reused for bactericidal treat- Section8 -121. LIGHTING. menton any succeeding day. 8- 121.01. Lighting. All areas in which food is prepared or stored, or uten- b. Where chemical treatment is used a three- compartment sink shall be sils are washed, handwashing areas, locker rooms, toilet rooms, and gar required; the first compartment to be used for washing, the second for bage and refuse" storage areas, shall be well lighted. All working surfaces clear water rinsing, and the third for chemical immersion. shall be illuminated at not less than 20 foot- candles of light. At least 10 c. The type of chemical compound, the concentration for use, and the foot- candles of light shall be provided on all other surfaces and equipment. length of time of exposure shall be approved by the Health Authority.. In storage areas a minimum of 5 foot candles of light, thirty inches from the vided, such methods are approved by the Health Authority floor shall be provided. Subdued lighting in dining rooms and public access 8- 113.04. Mechanical Spray -Type Washing and Bactericidal Treatment. areas is acceptable, provided, that lighting meeting and above requirements When mechanical spray-type washing operations are employed all multiuse shall be available during all cleanup periods in dining rooms and access utensils and equipment shall be prescraped, preflushed, or presoaked. areas. Utensils and equipment shall be placed in racks or on conveyors in such a Section 8-122. VENTILATION. way that all food contact surfaces shall be subjected to unobstructed wash B- 122.01. Ventilation. All rooms in which food is prepared or served nor and rinse water sprays. Detergents or a concentration which will render utensils are washed, and toilet, dressing, and locker rooms, and garbage utensils and equipment clean shall be used at all times in the wash water, and refuse storage areas shall be well ventilated and shall be free of Wash, water temperatures shall be at least 140 degrees Fahrenheit, except in disagreeable or excessive odors, condensation, vapors, smoke, and fumes. a single tank conveyor type machines in which the wash water Air replacement vents shall be designed to permit the entrance of an equal temperatures shall be at least 160 degrees Fahrenheit. Flow pressure of volume of displaced air and to prevent the entrance of insects, dust, or other rinse water shall be maintained at all times at not less than 15 pounds nor contaminating materials. During seasons when weather conditions require more than 25 pounds per square ,inch. Recirculated rinse water shall be tempering of makeup air, adequate equipment shall be provided to temper maintained at a temperature of at least 170 degrees Fahrenheit The the makeup air. All gas or oil fired room heaters and water heaters shall be temperature of the final rinse water shalal be at least 180 degrees Fahren- vented to the outside air. ,heit at the entrance of the rinse spray arms of all machines while dishes are Section 8-123. DRESSING ROOMS AND LOCKERS. being washed. A recirculating line shall be provided between the hot water 8-123.01. Dressing Rooms and Lockers. Facilities shall be provided for the heater and the automatic dishwasher if the Health Authority deems it nec- storage of employees' clothing and personal. belongings. Where employees essary in order for the licensee toy, comply with the required water routinely change clothes within the establishment one or more dressing temperatures. Thermometers, which will accurately indicate the rooms or designated areas shall be provided for this purpose. Such desig temperature of the wash and rinsewateshallbe provided onallmachines. nated areas shall be located outside of the food preparation, storage and 8- 113.05. Oven Utensils and Equipment. Utensils and equipment which serving areas, and the utensil washing and storage areas, provided that, routinely go into ovens for baking purposes and which are: used for no other when approved by the Health Authority, such an area may be located in a purpose shall not be required to be given bactericidal treatment, provided, storage room where only bottled or completely packaged and protected however, such utensils and equipment must be clean. foods are stored. Dressing rooms or such designated areas shall be equipped 8- 113.06. Large Equipment and Utensils. Large preparation equipment with lockers. Dressing rooms and lockers shalt be kept neat and clean. and utensils, including, but not limited to, kettles, mixers, grinders, and Section8 -124. HOUSEKEEPING. slicers which exceed the capacity of the cleaning sinks or vats, shall be thoroughly cleaned, rinsed, and subjected to bactericidal treatment after the day's operation, after the completion of each meal, or after each use, by any of the methods in this ordinance described by spraying or swabbing with a chemical in a manner approved by the Health Authority. 8- 113.07. Other Methods. Any other procedure or process may be used, Provided the licensee shall submit to the Health Authority evidence showing in detail the procedure or process and the effectiveness thereof, and, pro vided, such methods are approved by the Health Authority.' 8- 124.01. Housekeeping. All parts of the food establishment and its Bakery food vehicle premises shall be kept neat, clean, and free of litter and refuse. Cleaning Catering food vehicle operations shall be conducted in such a manner as to minimize contamena- Food establishment tion of food and food contact surfaces. None of the operations connected with Itinerant food establishment a food establishment shall be conducted in any room used as living or sleep- Readily perishable food vehicle ing quarters. Soiled linens, coats, and aprons shall be kept in approved con- Vending machine vendor tainers until removed for laundering. No live birds or animals shall be Special food handling. allowed in any area where food is prepared, stored, or served, provided that Subd. 2. Exemption from Second License. Where the business consists guide dogs accompanying blind persons may be permitted in food only of a bakery food vehicle, Catering food vehicle, itinerant .food establishments. establishment, readily- Section 8-125. VENDINGMACHINES. a be food vehicle, or vending machine, a food 8- 125.01. Vending Machines. Each vending machine licensed under this es S b ub d. d 3. R ea di l -p e fishable Food Vehicle Fleet License. When more than five readily-perishable ordinance shall be constructed and maintained as follows: S v Food V are operated re o e operated f oerishable food d vehicles by the same rson in the a. Each machine shall be filled only with wholesome ingredients which Pe same business in the City, he may obtain a fleet license therefor in lieu of a have been manufactured and packaged under sanitary conditions and separate license for each vehicle. If such fleet license is sus transported owner or o ra of all sanitary such endin machines shall, hat revoked, such sus suspended or The onr or operator of all suc vending machines hall, whenever pension or revocation shall affect every vehicle licensed requested, make provision for The Health Authority To have access ei- thereunder. ther in company with a employee or otherwise, to the, interior of all Subd. 4. Special Food Handling License. When the only food sold or offered for sale in a food establishment is wrapped or packaged candy, or bottled or vending machines operated by him. canned soft drinks, a food establishment license shall not be r c. Every licensee shall keep and maintain each vending machine in a" however, a special food handling license shall berequired. squired; clean and wholesome and sanitary condition at all times. d. Each machine must be so designed as to protect against infestation of Subd. S. Display of License. Such license shall be conspicuously displayed insects, vermin, rodents, and to protect against the entrance of dust, all times identified with all licensed food establishments. All food vehicles shall be a decal, license plate or other means supplied by the Clerk dirt, rain, overhead leakage, or other sources of contamination; and idh shall be so constructed and operated as not to create a rodent har- displayed in a conspicuous place thereon designated by the Clerk. Section 4. Fee Exemptions, License Required. Food service in o borage. The machine location shall.be such as to minimize the potential operated by governmental subdivisions, charitable institutions, houses of f worship, for contamination of The food, shall be well lighted, easily cleanable, and child -care homes, schools, charitable and nonprofit hospitals, itinerant food the surroundings shall be so maintained as not to create an unsanitary establishments operated by a social or service agency and employee coffee or unsightly condition. rooms shall be required to apply for and obtain a license a e. Each machine shall be so designed that it may be readily cleaned. The and shall be sub physical features shall be of s ct li all requirements of this ordinance, but shall not be charged a fee for walls, fl6ors, ceiling, covers, lids and other p such license. such construction as to withstand repeated cleaning. Section S. License Fee. Fees for licenses issued hereunder shall be in the I. All interior surfaces and component parts of the vending machine shall amount set forth by the Council from time to time for Bake F ood Vehicles, be so designed and constructed as to be readily cleaned in place or re- Catering Food Vehicles, Food Establishments, Itinerant Food E Establish- movable for cleaning operations, and shall be kept clean. All food con ments, Readily-perishable tact surfaces of the machine shall be smooth, nontoxic in themselves or Food Vehicles, Vending Machines and Special in combination with food, corrosion resistant, and relatively nonabsor- Food Handling Licenses. Section b. Administration. The application for such licenses shall be made bent material, and shall be capable of withstanding repeated cleaning on forms furnished by the Clerk and shall set forth the general nature Of the and sanitizing by normal procedures. business, the location and such other information as the Clerk shall require. g. Each vending machine shall be so constructed that it may be opened Section 7. Temporary Suspension of License. The Health Authority and all parts thereof made available for inspection purposes by the the a with approval of the City Manager shall immediatetly suspend the license of Health Authority. any food establishment for the violation of any terms of this section if such IT. Each vending machine that vends a cup to receive food from such violations constitute an imminent public health hazard. Upon notification by machine shall have the dispensing opening protected from dust and in- the Health Authority f a temporary sect infestation by means of a manual or mechanical opening device. Y po suspension of license, the licensee shall forthwith i. The temperature in all vending machines which dispense perishable un- ith cease operation. The licensee may appeal the temporary suspen- frozen food shall be maintained at a temperature of 45 degrees F. or below, or 140 degrees F. or above, whichever is applicable. Where 'frozen food is being vended the temperature shall be maintained at 5 degrees F. or below at all times; proved, that exceptions may be made sign in writing to the City Council. Upon notification in writing by the for: (1) the actual time required to load or otherwise service the licensee to the Health Authority that all violations have been corrected for machine and for a maximum recovery period of 30 minutes, following which temporary suspension was invoked, the Health Authority shall completion of loading or servicing operation; and (2) in the case of hot reinspect the food establishment within a reasonable period of time. If all food vending machines, a maximum of 120 minutes to heat food through violations constituting the grounds for the temporary suspension have been the 45 degrees F. to 140 degrees F. temperature zone. In hot food ven- corrected, the Health Authority shall immediately terminate the suspension. ding machines which are not equipped with refrigerated storage there The Health Authority and the City Manager may not suspend a license if the shall be no time delay to preclude heat from being applied to perishable violation or violations which constitute an imminent public health hazard food immediately after it is loaded or placed in the machine. Perishable can be eliminated or removed by embargo or condemnation. food once heated to, or held at, at temperature of 140 degrees F.or Section B. Inspection and Correction. Transport or Sale, Noise Prohibited. above, shall be maintained at such temperature until served or No person licensed under this ordinance, shall call attention to his business discarded. 1 or to his goods, wares or merchandise, by crying them out, by blowing a j. Vending machines dispensing perishable food Shall be provided with hornorbyany loud or unusual noise. adequate refrigerating or heating units, or both, and thermostatic con- Section 9. Food Source. All food in all food establishments shall be clean, trols which insure the maintenance of applicable temperatures at all wholesome, free from spoilage, adulteration, and misbranding, and shall be times. Such vending machines shall also have controls which prevent prepared, processed, handled, packaged, transported and stored so as to be the machine from vending perishable food until serviced by the operator protected from contamination and spoilage and shall be safe for human in The event of a power failure or other condition, which results in non- consumption. No home prepared foods shall be kept or used in any food compliance with temperature requirements in the food storage com- establishment except that home prepared foods other than readily -per- partment Hot food vending machines designed to heat food through the ishable foods may be kept or used in schools and houses of worship and by 45 degrees F. to 140 degrees F. temperature range shall also be equip- social or service agencies at itinerant food establishments. No more than ped with automatic controls which render thee.. machine incapable of three itinerant food establishment licenses authorizing the sale of home vending perishable food until serviced by the operator in the event that prepared foods shall be issued to asocial or service agency in any calendar heating through this temperature range is not accomplished in 120 year. All food received or used in all food establishments 'sha I I be from minutes or less. sources approved by the Health Authority. Perishable food which has failed to conform to the time- temperature re- Section 10. Vending Machines. quirements of this section shall be removed from the vending machine and Subd. 1. Each vending .machine licensed under this Ordinance shall be not made available for sale unless inspected and approved by the Health constructed and maintained as follows: Authority as safe for human consumption. Vending machines dispensing a. Each machine shall be filled only with wholesome ingredients which perishable food shall be provided with one or more thermometers which, to have been manufactured and packaged under sanitary conditions and an accuracy of -2 degrees F., indicates the air temperature of the transported to the machine in sanitary containers or vehicles, warmest part of the refrigerated food storage compartment, or the coldest b. The owner or operator of all such vending machines shall, whenever partof the heated food storage compartment, whichever is applicable. requested, make provision for the Health Authority to have access, ei- 8- 125.02. Water Supply. All water used in vending machines shall be ther in company with an employee or otherwise, to the interior of all drawn from a safe water supply. Vending machines shall be so designed, vending machines operated by him constructed, installed and operated as to prevent the production of the toxic c. Every licensee shall keep and maintain each vending machine in a substances in the water or the back siphonage of liquids or gasses into the clean, wholesome and sanitary condition at all times. supply line. d. Each machine must be so designed as to protect against infestation of 8- 125.03. Identification. Each vending machine shall have posted thereon protect against ainst the entrance of dust, dirt, rain, overhead leakage, vermin, rodents, and to a table or sign stating the name, address and telephone number of the per- orother sources of contamination, and son responsible for its operation. shall be so constructed and operated as not to create a rodent har- Section8 -126. ENFORCEMENT PROVISIONS. borage. The machine location shall be such as to minimize the potential 8- 126.01. Procedure When Infection is Suspected. When suspicion arises as for contamination of the food, shall be well lighted, easily cleanable, and To the possibility of disease transmission from a food establishment owner the surroundings shall be so maintained as not to create an unsanitary or employee, the Health Authority is authorized to require any or all of The or unsightly condition. following measures: e. Each machine shall be so designed that it may be readily cleaned. The 'a. The immediate exclusion of such person from all food establishments. walls-floors, ceiling, covers, lids and other ph h sical features shall be of b. The transfer of the services of such person to an area of the food such construction as to withstand repeated cleaning. establishment where there would be no danger of transmitting disease. I. All interior surfaces and component parts of the vending machine shall C. The requirement of adequate medical examinations of such persons be so designed and constructed as to be readily cleaned in place or re- and their associates with such laboratory examinations as may be in- movable for cleaning operations, and shall be kept clean. All food con dicated. tact surfaces of the machine shall be smooth, nontoxic in themselves or d. The immediate closing of the food establishment until no further in combination with food, corrosion resistant, and relatively nonabsor- bent material, and shall be ca pable of withstanding repeated g p cleanin g danger of disease outbreak exists in the opinion'�,of the Health Authority and the City Administrator, and sanitizing by normal procedures. 8. 126.02. Construction Plan Review. All persons who hereafter con 9. Each vending machine shall be so constructed that it may be opened struct, extensively remodel of convert buildings or facilities for use as food and all parts thereof made available for inspection purposes by the establishments shall conform and comply in their construction, erection or Health Authority.. alteration with the requirements of this ordinance. Plans and specifications h. Each vending machine that vends a cup to receive food from such for such construction, remodeling, or alteration which shall show layout, machine shall have the dispensing opening protected from dust and in- arrangement and plumbing and construction materials of work areas and sect infestation by means of a manual or mechanical opening device. location, size and type of equipment and facilities shall be filed by its owner i. The temperature of all vending machines which dispense perishable in The uffice of the Health Authority. the City of Brooklyn Center shall not unfrozen food shall be maintained at a temperature of 40 degrees F., or issue a building permit for a food establishment or remodeling or alteration below, or 150 degrees F., or above, whichever is applicable. Where permit for such establishment until such permits shall have the approval of frozen food is being vended, the temperature shall be maintained at 5 the Health Authority. degrees F., or below at all times; provided that exceptions may be 8- 126.03. Revocation of License. The license of any food establishment or made for (a) the actual time required to load or otherwise service the vending machine vendor required under this ordinance may be revdked in machine and for a maximum recovery period of 30 minutes following the manner provided in Chapter 23 of the City. Ordinances on the grounds completion of loading or servicing operation; and (b) in the case of hot therein provided or upon conviction of violation of any provision of this or food vending machines, a maximum of 120 minutes to heat food through dinance. the 40 degrees F. to 150 degrees F. temperature zone. In hot food ven 8- 126.04. Interference with, or Hinderance of Health Authority.. No person ding machines which are not equipped with refrigerated storage, there shall interfere with or hinder any Health Authority in the performance of his shall be no time delay to preclude heat from being applied to perishable duties under this ordinance or the laws of the State of Minnesota, nor pre- food immediately after it is loaded or placed in the machine. Perishable once heated to vent this performance thereof. food or held at, a temperature of 150 degrees F. or above 8-126.05. Temporary Suspension of License. The Health Authority with the shall be maintained at such temperature until served or discarded. approval of The City Administrator shall immediately suspend the license of t. Vending machines dispensing perishable e food shall be provided with any food establishment for the violation of any terms of this ordinance if adequate refrigeration or heating units, or both, and thermostatic con such violations constitute an imminent public health hazard. Upon notifica- trols which ensure the maintenance of applicable temperature at all tion by the Health Authority of a temporary suspension of license by posting times. Such vending machines shall also have controls which prevent of his report as set forth in Section 8- 105.03 at the time of The inspection, the the machine from vending perishable food until serviced by the opera licensee shall forthwith cease operation. The licensee may appeal the tem- tor, in the event of power failure or other condition which results in porary suspension in writing to the City Council in the manner prescribed in noncompliance with temperature requirements in the food storage Chapter 23 of the City Ordinances. Upon notification in writing by the compartment. Hot food vending machines designed to heat food through licensee to the Health Authority that all violations have been corrected for the 40 degree F. to 150 degrees F. temperature range shall also be which temporary suspension was invoked, the Health Authority shall equipped with automatic controls which render the machine incapable g persihable food until serviced b f vending y the operator reinspect the food establishment within a reasonable length of time. If all o in the event violations constituting the grounds for The temporary suspension have been that heating through this temperature range is not accomplished in 120 corrected, the Health Authority shall forthwith terminate the suspension. minutes or less. The Health Authority and the City Administrator shall not suspend a Perishable food which has failed to conform to the time temperature license if the violation or violations which constitute an imminent public requirements of this section shall be removed from the vending machine hazard can be eliminated or removed by embargo or condemnation as pro- and not made available for sale unless inspected and approved by the vided in Section 8 -106. i Health Authority as safe for human consumption. Vending machines Section8 -127. UNCONSTITUTIONALITY CLAUSE. dispensing perishable food shall be provided with one or more ther- 8- 127.01. Unconstitutionality Clause. Should any section, paragraph, mometers which, to an accuracy of plus or minus 2 degrees F., indicates sentence, clause, or phrase of this ordinance be declared invalid for any the air temperature of the warmest part of the refrigerated food storage reason, the remainder of said ordinance shall not be affected thereby. compartment, or the coldest part of the heated food storage compart- Section8- 128. PENALTY FOR VIOLATION. ment, whichever is applicable. 8- 128.01 Penalty for Violation. Any person violating the provisions of this Subd. 2. Water Supply. All water used in vending machines shall be ordinance shall be guilty of a misdemeanor and upon conviction shall be drawn from a safe water supply. Vending machines shall be so designed, punished by a fine of not more than five hundred dollars (5500). and by im- constructed, installed and operated as to prevent the production of toxic prisonment nottoexceed ninety (90) days.) substances in the water or the back- siphonage of liquids or gases into the Section. 2. Chapter 8 of the Brooklyn Center City Ordinances is hereby supply line.. amended by the addition of the following: Subd. 3. identification. Each vending machine shall have posted therein a Section 1. Hennepin County Ordinance No. 3, Food Protection Ordinance label or sign stating the name, address and telephone number of the person for Hennepin County, is hereby adopted by reference and shall be a part of responsible for its operation. this Ordinance as if set out in full, except Section 11, Scope; Section IV, Section 3. This ordinance shall become effective after adoption and upon License and Administration; Section V, Administration and Inspection, thirty (30).. daysfollowing its legal publication. Subdivision 1; and Section VI, Food Sources and Supplies, Subdivision 1 Adopted th1 day of 1984. thereof. All references in Ordinance No. 3 to "County," "County Board," or "Health Authority" shall be read to refer to the City of Brooklyn Center, its ATTEST: Mayor City Council, and its Sanitarian, Health Department, or other designated agent. Published in the official newspaper Clerk Section 2. For the purpose of this Ordinance, the following terms shall Effective date have the meanings given to them. Brackets indicate matter to be deleted, boldface indicates new matter.) Subd. 1. "Social or service agency" shall mean any organization not or- Published in The Brooklyn Center Post July 19, 1984.) ganized for profit and not part of the net earnings of which inures to the benefit of any private shareholder or individual. Subd. 2. "Quality Assurance Plan" shall mean a written plan for the prevention of food borne illness which includes a ;self inspection program. This plan shall meet the criteria of the University of Minnesota Extension Service Special Report 61, which is hereby incorporated and made a part of this Ordinance as if set out in full. Section 3. Licenses. Subd. 1. Licenses Required. No person shall operate a food establishment or engage in the business of operating any of the following types of enter prises within the corporate limits of this municipality unless a license for the current year of the applicable type described' herein and listed below shall have obtained therefor pursuant to this ordinance from the Clerk: