HomeMy WebLinkAbout1984-08 07-09 CCO 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 City Hall, 6301 Shingle Creek Parkway, to consider An
Ordinance Repealing Chapter 8 of the City Ordinances Relating to Food Sanitation and
Adopting a new Food Sanitation Code.
ORDINANCE NO. 84 -08
AN ORDINANCE REPEALING CHAPTER 8 OF THE CITY ORDINANCES RELATING
TO FOOD SANITATION AND ADOPTING A NEW FOOD SANITATION CODE
THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS:
Section 1. Chapter 8 of the Brooklyn Center City Ordinances is hereby
repealed as follows:
[FOOD SANITATION CODE
Section 8 -100. DEFINITIONS.
8- 100.01. Adulterated Food shall mean any food which consists in whole or
in part of any filthy, putrid, decayed, or decomposed substance, or consists in
whole or in part of the product of a diseased animal which has died by accident,
disease, or otherwise than by slaughter; contained in an immediate package which is
composed of any poisonous or deleterious substance which may render the contents
injurious to health; bears or contains any poisonous or deleterious substance which
may be injurious to health P rovided however, if such food bears or contains
poisonous or deteterious substance added thereto or found therein for which a safe
tolerance or standard has been established by lawful regulation or law, such food
shall not be adulterated food if such deleterious substances are not in excess of
i
such tolerance or standard.
8- 100.02. Approved shall mean acceptable to the health authority
following his determination as to conformance with established public health
practices and standards.
8- 100.03. Bakery Food Vehicle shall mean any food vehicle used to
transport bakery goods about the streets of the City for.the purpose of sale of such
goods from door to door.
8- 100.04. Catering Food Vehicle shall mean any food vehicle used to
transport any food from its point of preparation to a point where the food is served
from the vehicle to the consumer, or any food vehicle wherein food is prepared for
sale or service to the consumer.
8.100.05. Clean shall mean free from physical, chemical, and microbial
substance discernible by ordinary sight or touch, by ultra- violet light, by
artificial light, and the safranine -o dye test and free from insects, vermin and
debris.
8.100.06. Employee shall mean any person who renders a personal service,
with or without compensation, within a food establishment.
ORDINANCE NO. $4 08 -2-
8.100.07. Embargo shall mean the withholding of food, equipment, utensils
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 human
consumption. The term "food" shall further include, but not be limited to, ice and
water.
8- 100.09. Food Contact Surfaces shall mean those surfaces of the
equipment and utensils with which food normally comes into contact and those
surfaces with which food may come in contact, except by spill, and surfaces which
drain back onto surfaces in contact with food.
8- 100.10. Food Establishment shall mean any building, room, stand,
enclosure, vehicle, space, area, or other place wherein food is stored, prepared,
manufactured, processed, wrapped, canned, packed, bottled, transported,
distributed, sold or offered for sale or served in any way with or without charge,
except private homes.
8- 100.11. Food Vehicle shall mean any food establishment consisting of a
mobile vehicle which hauls any food for the purposes of delivery or sale.
8- 100.12. Health Authority shall mean the City Health Officer of the City
of Brookyn Center or his authorized representative.
8- 100.13. Home Prepared Food shall mean an food which has been processed
P Y
or prepared in a private home not licensed under this ordinance.
8- 100.1 Itinerant Food Establishment shall mean a food establishment
operating for a temporary period, including, but not limited to, a fair, carnival,
circus, church supper, or public exhibition.
8- 100.15. Misbranding shall mean the use of any written, printed, or
graphic matter upon or accompanying products or containers of food, which violates
any applicable local, State, or Federal labeling requirements.
8- 100.16. Perishable Food shall mean foods such as fresh fruits and
vegetables and other foods which will decompose in the absence of refrigeration.
8- 100.17. Person shall mean any individual, firm, partnership,
corporation, trustee, or association and with respect to acts prohibited or
required herein, shall include employees and licensees.
8- 100.18. Prepackaged Food shall mean clean, unadulterated, wholesome
food packaged in a substantial, clean container or wrapper.
8- 100.19. Quality Assurance Plan shall mean a written plan for the
prevention of food borne illness to include a self- inspection program. This plan
shall meet the criteria of the University of Minnesota Extension Service Special
Report #61, which is hereby incorporated in and made a part of this ordinance.
Quality Assurance Plans must be filed with and approved by the City's Public Health
Sanitarian as a condition of the license.
ORDINANCE NO. 84 -08 -3-
i 8- 100.20. Readily- Perishable Food shall mean any perishable food
consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry, or
any other food capable of supporting rapid and progressive growth of microorganisms
which can cause food infection or food intoxication.
8- 100.21. Readily- Perishable Food Vehicles shall mean any food vehicle,
except catering food vehicles and bakery food vehicles which is used to transport
readily- perishable foods as herein defined within or into the City of Brooklyn
Center for delivery therein.
8- 100.22. Safe Water shall mean water which is not adulterated and which
is free from pathogens and coliform organisms.
8- 100.23. Safe Water Supply shall mean a source of safe water from either
the municipal water system or a source of water, the operation, location and
construction of which have been approved by the Minnesota State Board of Health.
8- 100.24. Single- Service Utensils shall mean all utensils which are meant
to be used only once and then discarded.
8- 100.25• Smooth shall mean having an even surface free of cracks, chips,
open seams, rust, corrosion, breaks, pits, checks and ridges.
8- 100.26. Smooth, with reference to equipment and utensil surfaces, in
addition to the definition of smooth herein, shall mean a surface which in the case
of stainless st
eel., nickel alloy or other corrosion resistant metal, has at least a
No. 4 mill finish; or in the case of cast and forged steel and cast alloy, has a
roughness not exceeding American Standards No. 125; or in the case of noncorrosion
resistant alloys, is at least as smooth as commercial grade rolled steel and is free
of loose scale.
8- 100.27. Social or Service Agency shall mean a Minnesota nonprofit
corporation substantially devoted to public service or public charity, established
and regularly operating within the City for a period of more than one year, the bulk
of those members and shareholders reside within the City.
8- 100.28. Utensils shall mean all kitchenware, tableware, dishes,
glassware, cutlery, g y, po ,pans, containers, implements, or other equipment with
which good comes in contact during storage, cooking, preparation, display, or
serving.
8- 100.29. Vending Machine shall mean any self- service device which upon
insertion of a coin, coins or tokens, or by other similar means, dispenses unit
servings of food, either in bulk or in packages without the necessity of
replenishing the device between each vending operation.
8- 100.30. Wholesome shall mean sound, healthful, clean unadulterated,
and in all ways fit for human food.
Section 8 -101. LICENSES.
8- 101.01. Licenses Required. No person shall operate a food
establishment or engage in the business of operating any of the following types of
enterprises within the corporate limits of the City of Brooklyn Center unless a
license for the current year of the applicable type described herein and listed
below shall have been obtained therefor pursuant to this ordinance from the City
Clerk:
ORDINANCE NO. 84--08 -4-
Bakery food vehicle Itinerant food establishment
Catering food vehicle Readily- perishable food vehicle
Food establishment Vending machine vendor
8- 101.02. Exemption from Second License. Where the business consists
only a bakery food vehicle, catering food vehicle, itinerant food establishment,
readily- perishable food vehicle, or vending machine, a food establishment license
shall not be required in addition.
8- 101.03. Readily- Perishable Food Vehicle Fleet License. When more than
five readily perishable food vehicles are operated by the same person in the same
business in the City, he may obtain a fleet license therefor in lieu of a separate
license for each vehicle. If such fleet license is suspended or revoked, such
suspension or revocation shall affect every vehicle licensed thereunder.
8- 101.04. Special Food Handling License. When the only food sold or
offered for sale in a food estalishment is wrapped or packaged candy, or bottled or
canned soft drinks, a food establishment license shall not be required.
8- 101.05. Display of License. Such licenses shall be conspicuously
displayed at all times in al licensed food establishments. All food vehicles
shall be identified with a decal, license plate, or other means supplied by the City
Clerk displayed in a conspicuous place thereon designated by the City Clerk.
Section 8 -102. FEE EXEMPTIONS.
8- 102.01. Fee Exemptions, License Required. Food services in or
operated by governmental subdivisions, charitable institutions, houses of worship,
child -care homes, schools, charitable and nonprofit hospitals, itinerant food
establishments operated by a social or service agency, and employee coffee rooms,
shall be required to apply for and obtain a license, but shall not be charged a fee
therefor, but shall be subject to all requirements of this ordinance.
Section 8 -103. LICENSE FEES.
8- 103.01. License Fees. Fees for licenses issued hereunder shall be as
follows:
A. Bakery food vehicle: $25 pe r annum for each vehicle.
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
additional 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.
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.
F. Readily perishable food vehicle, fleet license; $150 per
annum.
ORDINANCE NO. 84--08 -5-
G. Vending Machine Vendor
1. Bulk Vendor $25 per annum for operators of machines which vend
gumballs, nuts, panned candies, etc. in unpackaged form.
2. Nonperishable Vendor $8 per annum for operators of machines which
vend nonperishable products in a sealed container wrapped package,
or open cup.
3. Perishable or Readily- Perishable Vendors $20 per annum for
operators of machines which vend perishable or readily perishable
products.
4. Combination Nonperishable Perishable Vendor $28 per annum
for operators of perishable and nonperishable product machines.
5. Machine Location Permits In addition to the vendor license fees
required herein, each licensed vending machine operator shall
obtain a permit for each vending machine location at which he
operates vending machines within the City. The fee for such
permits shall be in accord with the following schedule:
For each machine location:
a. $4 for each machine vending bottled or canned soft drinks,
prepackaged confections and similar dry, nonperishable
items, or for each machine which manufactures and or vends
packaged or unpackaged ice.
b. $7 for each machine vending perishable or readily
perishable food.
As employed herein, the term "vending machine location" shall mean the
room, enclosure, space, or area where one or more vending machines are installed and
operated.
H. Special food handling license: $30 per annum.
Section 8 -104. ADMINISTRATION.
8- 104.01. Application, Issuance, Maintenance, and Administration. The
application for such licenses shall be made on forms furnished by the City Clerk and
shall set forth the general nature of the business, the location, and such other
information as the City Clerk shall require, and such application and issuance of
such licenses and their maintenance, termination and administration shall be in
accordance with the subject to all conditions of Chapter 23 of the City of Brooklyn
Center Ordinances relative to general requirements for issuance of licenses of the
City of Brooklyn Center.
Section 8 -105. INSPECTION AND CORRECTION.
8.105.01. Inspections Outside the Corporate Limits of the City of
Brooklyn Center. The Health Authority may inspect food establishments situated
outside the corporate limits of the City of Brooklyn Center which sell or distribute
any food to persons licensed under this ordinance by the City of Brooklyn Center.
The fees for such inspections shall be equal to the total of the actual cost of salary
ORDINANCE NO. 84 -08 -6-
paid the Health Authority by the City of Brooklyn Center for the number of hours
necessarily spent in each such inspection, and the cost of transportation incurred
or expended by the Health Authority for mileage at the rate of 7 -1/2 cents per mile
actually traveled from the City Hall or last place of inspection, whichever is less,
and returning to the City Health Department at the Brooklyn Center City Hall. The
City Health Authority shall report cost of such inspections to the Clerk who shall
render statements for such inspection costs to the licensee who obtains food from
such source outside the City limits and the licensee shall within ten days pay the
amount claimed in the statement to the City of Brooklyn Center. Such inspections
shall not be made unless authorized by the City Administrator upon demonstration of
reasonable cause. In lieu of making inspections beyond the corporate limits of
Brooklyn Center, the Health Authority may accept the reports of other governmental
food inspection agencies.
8- 105.02. Inspection of Food Establishments. The Health Authority shall
inspect every food establishment as frequently as he may deem necessary to insure
compliance with this ordinance.
8- 105.03. Posting. Each inspection report shall be posted by the Health
Authority upon an inside wall of the food establishment, not in a public area, and
such inspection report shall not be defaced or removed by any person, except the
Health Authority. The posting of the inspection report upon the inside wall of the
food establishment shall constitute service of an official notification of the
inspection by the Health Authority. The Health Authority may, in lieu of posting
such report, deliver it to the licensee or his authorized agent. Another copy of
the inspection report shall be filed with the records of the Health Department.
8- 105.04. Access to Premises and Records. The person operating the food
establishment shall, upon request of the Health Authority, and after proper
identification, permit access to all parts of the establishment at any reasonable
time for purpose of inspection and shall exhibit and allow copying of any records
necessary to ascertain sources of foods.
8- 105.05. Removal and Correction of Violations. All licensees, owners,
or operators of food establishments having a report posted in the food establishment
or having received a report giving notification of one or more violations of this
ordinance shall correct or remove each violation in a reasonable length of time
determined by the Health Authority. The length of time for the correction or
removal of each such violation shall be noted on the inspection report. The
failure to remove or correct each such violation within the time period noted on the
inspection report shall constitute a separate violation of this ordinance.
Section 8 -106. EMBARGO, EXAMINATION, CONDEMNATION, TAGGING AND NOISE
RESTRICTION.
8- 106.01. Embargo, Examination, Condemnation and Tagging. Samples of
food may be embargoed and examined by the Health Authority as often as may be
necessary for the detection of unwholesomeness or adulteration. Equipment and
utensils, which do not meet the requirements of this ordinance, may be embargoed,
provided, that such equipment and utensils shall be released from the embargo upon
notification of the Health Authority by the licensee of alteration of such equipment
or utensils to meet the requirements of this ordinance and after inspection of such
utensils and equipment by the Health Authority. The Health Authority may condemn
and forbid the sale of, or cause to be removed or destroyed, any food which is
unwholesome or adulterated, unfit for human consumption, or otherwise prohibited by
the City ordinance or State or Federal law. The Health Authority may condemn and
ORDINANCE NO. 84 -08 -7-
cause to be removed any equipment, clothing or utensils found in a food
establishment, the use of which would not comply with this ordinance, or which is
being used in violation of this ordinance; and also may condemn and cause to be
removed any equipment, clothing or utensils which by reason of dirt, filth,
extraneous matter, insects, corrosion, open seams, or chipped or cracked surfaces
is unfit for use. The Health Authority may place a tag to indicate the embargo or
the condemnation upon such food, equipment, utensils, or clothing. No person shall
remove such tag, except under the direction of the Health Authority.
8- 106.02. or Transport Sale Noise Prohibited. No licensed
P Pe
under this ordinance shall call —attention person, on to his business or to his goods, wares or
merchandise, by crying them out, by blowing a horn, or by any loud or unusual noise.
Section 8 -107. ITINERANT FOOD ESTABLISHMENTS.
8- 107.01. Itinerant Food Establishments. Itinerant food establishments
shall comply with all the applicable provisions of this ordinance, and shall be
constructed and operated in an approved manner, provided that specific requirements
for physical facilities may be waived by the Health Authority when suitable
substitutes, which, in his opinion, will not result in an imminent health hazard,
have been provided. Before commencing operations of any kind, the licensee
hereunder shall notify the Health Authority that such food establishment is ready
for final inspection, and the Health Authority shall immediately make an inspection
and issue a report thereon, and no itinerant food establishment shall commence
operations until the requirements of this ordinance have been met in accordance with
the Health Authority's final inspection reports.
Section 8 -108. FOOD SOURCES.
8- 108.01. Sources of Food General. All food in all food
establishments shall be clean, wholesome, free from spoilage, adulteration, and
misbranding and shall be prepared, processed, handled, packaged, transported, and
stored so as to be protected from contamination and spoilage and shall be safe for
human consumption. No home prepared food shall be kept or used in any food
establishment, except that home prepared foods other than readily perishable foods
may be kept or used in schools, in houses of worship, and by social or service
agencies at itinerant food establishments. No more than three itinerant food
establishment licenses authorizing the sale of home prepared foods shall be issued
to a social or service agency in any calendar year. All food received or used in all
food establishments shall be from sources approved by the Health Authority.
8- 108.02. Sources of Dairy Products. Milk and fluid milk products shall
be Grade A and shall be served to the consumer in the individual, unopened
containers in which they were received from the distributor, or served from a bulk
container equipped with °a sanitary dispensing device, provided, however, that
cream, whipped cream, or half and half may be poured from an opened original
container or from an approved dispenser for use or service on the premises, provided
further that milk served at hospitals and institutions may be served from one quart
or two quart containers packaged at a milk plant, and mixed milk drinks requiring
less than one -half pint of milk may be poured from one quart or two quart containers
packaged at a milk plant. The dipping or ladling of milk is prohibited except for
immediate cooking purposes, provided further that this section shall not apply to
manufacturing or processing food establishments which make no sales at retail nor
direct sales to consumers.
ORDINANCE NO. 84-08 -8-
8- 108.03. Sources of Shellfish. No person shall have or keep in any food
establishment any oysters, clams, mussels, or other shellfish from a source which
has not been approved by the Minnesota State Board of Health or if the source is
outside the State, from a shipper whose name is not on the current list of State
Certified Shippers, issued by the Public Health Service, and such approval shall be
evidenced by official stamp on the container. Shucked shellfish shall be kept in
the original container until used. Oysters, clams, mussels and other shellfish, if
served on the shell, must be served in the original shell.
8- 108.04. Sources of Meat. All meat and meat products received, kept, or
used in any manner in any food establishment shall be officially identified as
having been inspected for wholesomeness under the supervision of a licensed
sed
veterinarian, and any such products upon which any such official identification is
lost b reason eason of the processing hereof shall be identified b the g y name and location
of the processor thereon.
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 under the
supervision and inspection of the United States Department of Agriculture, and
shall be approved by the Health Authority. All shell eggs must comply with the
above, except that they need not be processed under the supervision of the United
States Department of Agriculture, but shall be processed, handled and distributed
as required by State laws and regulations, and by this ordinance, and shall be
approved by the Health Authority.
No broken -out, liquid or frozen eggs, whether mixed or separated as yolks or
whites, with or without salt or sugar added shall be brought into, produced, held,
received, used, sold, or offered for sale in any food establishment in the City
unless they have been pasteurized or treated as to destroy all viable pathogenic
microorganisms and processed and packaged under the supervision and inspection of
the United States Department of Agriculture. Coliform and fecal streptococci may
not exceed 100 organisms per gram. All containers of broken -out, liquid or frozen
eggs shall be labeled or marked with indelible ink to indicate the date when and the
place where the eggs were broken, together with the name of the owner of the egg-
breaking establishment, the word "pasteurized" and the inspection legend of the
United States Department of Agriculture.
8- 108.06. Sources of Frozen Dairy Foods. All frozen dairy foods, such as
but not limited to, ice cream, frozen custards, ice milk, milk sherbet, fruit or ice
sherbet, and frozen malted milk, shall meet applicable state laws, rules and
regulations.
Section 8 -109. FOOD PROTECTION.
8.109.01. Food Protection. After delivery and while being stored,
prepared, displayed, served, or sold in food establishments or transported between
such establishments, all foods shall be protected against contamination from work
surfaces which are not clean, utensils which have not been given bactericidal
treatment, unnecessary handling, flooding by sewage or drainage, coughs, sneezes,
overhead leakage, dust, flies, insects, rodents, and other vermin, or any other
source of contamination. All perishable food shall be stored at such temperatures
as will protect against spoilage, and all readily- perishable foods shall be kept at
or below 45 degrees F. or at or above 140 degrees F. except during preparation.
Frozen food shall be kept at or below 5 degrees F. Poultry and pork shall be
thoroughly cooked before being served. Individual portions of food once served to
ORDINANCE NO. 84 -08 -9-
the customer shall not be served again, provided, that wrapped foods, which have not
been unwrapped and are still wholesome, may be re- served. The requirements for
temperature, for the storage, for the display, and for the food protection against
contamination as contained in this ordinance shall apply in the transporting of food
from a food establishment or other location to another food establishment or other
location for delivery, service, or catering operations.
8- 109.02. Toxic Materials. Poisonous polishing materials are
specifically prohibited in all areas used in connection with food establishment
operations, and only such other toxic materials as are required for sanitary
operations may be present in such areas. Toxic materials shall be obtained,
identified, stored, and used only in such manner and under such conditions as will
not contaminate food or constitute any other hazard to man.
Section 8 -110. PERSONNEL.
8- 110.01. Health and Disease Control. No person while affected with any
disease in a communicable form, or while a carrier of such disease, or while
afflicted with boils, infected wounds, sores, or any acute respiratory infection
shall work in any area of a food establishment in any capacity in which there is a
likelihood of transmitting disease, and no owner or operator of a food establishment
shall employ in such an area any person known or suspected of being affected with any
such disease or condition. If the manager, owner, or operator of the establishment
suspects that any employee has contracted any disease in a communicable form, or has
become a carrier of such disease, he shall notify the Health Authority immediately.
8- 110.02. Cleanliness. All persons shall wear clean outer garments,
maintain a high degree of personal cleanliness and conform to hygenic practices
during all periods of duty. Hair nets, head bands, caps, or other hair restraints
shall be used to keep hair from food utensils, and equipment. All persons shall
wash their hands thoroughly in an approved handwashing facility before starting
work, and as often as may be necessary to remove soil and contamination. No person
shall resume work after visiting the toilet room without first washing his hands.
8- 110.03. Tobacco. The use of tobacco in any form by persons engaged in
handling, preparing, or serving food, or cleaning utensils and equipment in a food
establishment is prohibited at all times when such persons are on duty for such work,
provided, that designated locations may be approved by the Health Authority for
smoking.
Section 8 -111. EQUIPMENT AND FACILITIES PROVIDED.
8- 111.01. Required Equipment. Every food establishment shall be
provided with equipment, applicable to the operation therein conducted, which is so
designed, constructed, installed, located, and maintained as to permit full
compliance with the provision of this ordinance.
Section 8 -112. SANITARY DESIGN, CONSTRUCTION AND INSTALLATION OF
EQUIPMENT AND UTENSILS._
8- 112.01. Sanitary Design, Construction and Installation of Equipment
and Utensils.
a. All new and replacement equipment and utensils shall be of such
material, workmanship, and design as to be smooth, easily cleanable,
ORDINANCE NO. 84--08 -10-
resistant to wear, denting, buckling, pitting, chipping, and razing,
and capable of withstanding scrubbing, scouring, repeated corrosive
action of cleaning compounds, and other normal conditions and
operations. Food contact surfaces shall be nontoxic. Food contact
surfaces and surfaces which come in contact with food debris shall be
readily accessible for cleaning and inspection.
b. All equipment shall be so installed and maintained as to facilitate the
cleaning thereof, and of all adjacent areas, and shall be kept in good
repair. Equipment in use at the time of adoption of this ordinance,
which does not fully meet the above requirements, may be continued in
use only if it is of such design and is installed and maintained so that
it is kept in a clean and sanitary condition.
c. All equipment installed after the passage of this ordinance shall
comply with Standards 1, 2, 3, 4, 5 6, 7, 8 C-1 and C -2 of the National
Sanitation Foundation, or the Vending Machine Evaluation Manual of the
Automatic Merchandising Association when applicable, which standards
are hereby adopted and incorporated herein by reference and three
marked official copies of said standards shall be kept on file by the
City Clerk. Equipment not covered by such standards shall not be
installed before it has been approved by the Health Authority.
d. Single- service utensils shall have been manufactured, packaged,
transported, stored, and handled in a sanitary manner.
Section 8 -113. CLEANING, BACTERICIDAL TREATMENT AND STORAGE OF UTENSILS
AND EQUIPMENT.
8- 113.01. Kept Clean- General Requirements. All utensils and equipment
shall be thoroughly cleaned, and food contact surfaces of utensils and equipment
shall be given bactericidal treatment and shall be stored in such a manner as to be
protected from contamination.
8- 113.02. Hot Water Method. This method of bactericidal treatment shall
consist of immersion for at least two minutes in clean, hot water at a temperature of
at least 170 degrees Fahrenheit or for one -half minute in boiling water. A
thermometer shall be kept in a convenient place near the facilities for checking the
water temperature. Pouring or spraying water over washed utensils or equipment is
prohibited as a means of bactericidal treatment, except in a spray cabinet or an
automatic dishwasher. Water used for bactericidal treatment of utensils and
equipment shall at all times during business hours be kept at a temperature of at
least 170 degrees Fahrenheit, and at all other times while utensils and equipment
are being washed and given bactericidal treatment, the water shall be kept at a
temperature of at least 170 degrees Fahrenheit. A three compartment sink shall be
used with the first compartment for washing, second compartment for rinsing and
P g, P
the third compartment for immersion in water at a temperature of at least 170 degrees
Fahrenheit. The bactericidal compartment must be properly equipped with a heating
unit or other means to maintain the specified temperature while in use.
Drainboards shall be provided at each end of the sink.
8- 113.03. Chemical Method. All utensils and equipment shall be clean
before being subjected to bactericidal treatment by any chemical method.
ORDINANCE NO. 84 -08 -11-
a. Chemical solution once used shall not be reused for bactericidal
treatment on any succeeding day.
i
b. Where chemical treatment is used a three compartment sink shall be
required; the first compartment to be used for washing, the second for
clear water rinsing, and the third for chemical immersion.
c. The type of chemical compound, the concentration for use, and the
length of time of exposure shall be approved by the Health Authority.
8- 113.04. Mechanical Spray -Type Washing and Bactericidal Treatment.
When mechanical spray -type washing operations are employed all multi -use utensils
and equipment shall be prescraped, preflushed, or presoaked Utensils and
equipment shall be placed in racks or on conveyors in such a way that all food contact
surfaces shall be subjected to unobstructed wash and rinse water sprays.
Detergents of a concentration which will render utensils and equipment clean shall
be used at all times in the wash water. Wash water temperatures shall be at least
140 degrees Fahrenheit, except in a single tank conveyor type machines in which the
wash water temperatures shall be at least 160 degrees Fahrenheit. now pressure of
rinse water shall be maintained at all times at not less than 15 pounds nor more than
25 pounds per square inch. Recirculated rinse water shall be maintained at a
temperature of at least 170 degrees Fahrenheit. The temperature of the final rinse
water shall be at least 180 degrees Fahrenheit at the entrance of the rinse spray
arms of all machines while dishes are being washed. A recirculating line shall be
provided between the hot water heater and the automatic dishwasher if the Health
Authority deems it necessary in order for the licensee to comply with the required
water temperatures. Thermometers, which will acurately indicate the temperature
of the wash and rinse water shall be provided on all machines.
8- 113.05. Oven Utensils and Equipment. Utensils and equipment which
routinely go into ovens for baking purposes and which are used for no other purpose
shall not be required to be given bactericidal treatment, provided, however, such
utensils and equipment must be clean.
8- 113.06. Large Equipment and Utensils. Large preparation equipment and
utensils, including, but not limited to, kettles, mixers, grinders, and 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 or 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, provided, such
methods are approved by the Health Authority.
8- 113.08. Storage. Equipment and utensils after bactericidal
treatment, shall be stored in a clean, dry place protected from flies, dust and other
contamination, and shall be handled so as to prevent contamination. Wet cold-
storage of glasses or similar utensils is prohibited. All under counter utensil
storage compartments less than 18 inches from the floor shall be enclosed and shall
ORDINANCE NO. 84 -08 -12-
be kept enclosed except during times of meal service. Enclosed automatic utensil
elevators shall be accepted. Cups and glasses stored on shelves shall be inverted.
Rack or tray stacking of glasses is accepted. Shelving shall be protected by easily
cleanable, nonabsorbent materials, paint, varnish, or equivalent.
8- 113.09. Storage Ice Cream Dippers. Running- water dipper wells
connected to a safe water supply and to the municipal sewerage system shall be
provided for ice cream dippers and scoops at all locations or stations where bulk ice
cream is dispensed. This requirement shall not apply in those situations where ice
cream is being served at a temporary location; however, in such cases containers of
water used for ice cream dippers and scoops shall have the water therein changed at
least every twenty minutes.
8- 113.10. Single Service. All single- service utensils shall be stored,
handled, and dispensed in a sanitary manner, and shall be used only once.
Section 8 -114. WATER SUPPLY AND ICE.
8- 114.01. Water Safe Water and Safe Water Supply. Safe water from a
safe water supply consisting of hot and cold running water under pressure shall be
provided in all food establishments where food is prepared and where utensils,
equipment, containers, or hands are washed, with the exception of food vehicles,
which handle only prepackaged food or which handle meat being transported in the
manner provided by State law and regulations.
8- 114.02. Water Sources. All water shall be drawn from the municipal
water system, provided, however, a water supply located on the premises may be used
if the operation, location, and construction conform to the standards of the
Minnesota State Board of Health.
8- 114.03. Water Cross Connections to City Water Prohibited. No direct
connection shall be made or permitted to exist between the public supply system of
the City of Brooklyn Center and any other source of water.
8- 114.04. Water Cross Connections to Nonpotable Water Systems
Prohibited. The safe water supply piping shall not in any manner be directly
connected with any water supply which is not safe. Any piping which conveys
nonpotable water shall be identified by color so that it is readily distinguished
from piping which carries potable water.
8- 114.05. Filling, Transporting, and Dispensing Water from Containers.
Water used for drinking purposes, which is not dispensed through the water supply
pipes of the plumbing system, shall be safe water from a safe water supply, and shall
be placed in a container, transported, and dispensed in a sanitary manner.
8- 114.06. Water Ice. All ice shall be manufactured only from safe water
which has been obtained from a safe water supply. Ice shall be handled and
transported in single- service containers, or in utensils which are clean and which
have been subjected to bactericidal treatment. Buckets, scoops, and ice
containers, unless they are single- service utensils, shall be made of a smooth,
impervious material, and designed to facilitate cleaning. They shall be clean at
all times. Canvas containers shall not be used. If ice crushers are used, they
should be easily cleanable. They shall be maintained in a clean condition and shall
be subject to bactericidal treatment and shall be covered when not in use.
ORDINANCE NO. 84 -08 -13-
Section 8 -115. SEWAGE.
8- 115.01. Sewage Disposal. All water carried sewage shall be disposed
of by means of the public sewerage system of the City, if such system is available,
provided that when an individual sewage disposal system is required, it shall be
designed, located, constructed onstructed in compliance with the it ode and the
p City C
standards of the State Board of Health; provided, however, that food vehicles may
dispose of their liquid waste into receptacles carried on the vehicle for that
purpose. This waste ultimately shall be discharged into a public sewerage system
or otherwise disposed of in a manner which will not endanger any source of water
supply, pollute any body of surface water, create a nuisance, or otherwise endanger
the public health and safety.
Section 8 -116. PLUMBING.
8- 116.01. Plumbing. Plumbing shall be so sized and installed and
maintained as to carry adequate quantities of water to required locations
throughout the establishment; prevent contamination of the water supply; convey
sewage and liquid wastes adequately from the establishment to the sewerage system;
and so that it does not constitute a source of contamination of food, utensils, or
equipment, or create an unsanitary condition or nuisance. Food service equipment
such as refrigerators, dishwashing machines, ice makers, and steam tables shall not
be directly connected to the sewer.
Section 8 -117. TOILET AND LAVATORY FACILITIES.
8- 117.01. Toilet Facilities. Every food establishment with the
exception of food vehicles and vending machines shall be provided with conveniently
located and approved water flush toilets for employees which are kept clean and in
good repair and free from flies, insects, and offensive odors. Toilet fixtures and
seats shall be of sanitary design and readily cleanable. The doors of all toilet
rooms shall be self closing. Easily cleanable receptacles shall be provided for
waste materials. When toilet facilities are provided for patrons such facilities
shall meet the requirements of this item.
8- 117.02. Lavatory- Required Equipment. Every food establishment other
than vending machines, itinerant food establishments and food vehicles handling
only prepackaged food or which transport meat in the manner provided by state law or
regulation shall be provided with adequate, conveniently located, and approved
lavatory facilities with hot and cold running water, hand cleansing compound, and
sanitary towels or hand- drying devices, provided, that in all new or extensively
altered food establishments handwashing facilities shall be provided within all
areas where food is prepared.
Section 8 -118. GARBAGE AND REFUSE DISPOSAL.
8- 118.01. Garbage and Refuse Disposal. All garbage and refuse shall,
prior to disposal, be kept in tight, nonabsorbent containers which shall be kept
covered with close- fitting lids when filled, in storage, or not in continuous use,
provided, that such containers need not be covered when stored in special insect and
rodent- proofed room or enclosure or food waste refrigerator. All other refuse
shall be stored in containers, rooms, or areas in an approved manner. The rooms,
ORDINANCE NO. 84 -08 -14-
enclosures, areas, and containers used should be adequate for the storage of all
garbage and refuse accumulating on the premises. Adequate cleaning facilities
shall be provided and each container, room, or area shall be thoroughly cleaned
after the emptying or removal of garbage and refuse. Food waste grinders, when
installed, shall comply with the plumbing ordinance. All garbage and refuse shall
be disposed of with sufficient frequency and in such a manner as to prevent a
nuisance.
Section 8 -119. INSECT AND RODENT CONTROL.
8.119.01. Insect and Rodent Control. Effective measures shall be taken
to 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- 120.01. Floors, Walls and Ceilings. The floor surface in kitchens and
in all other rooms and areas in which food is stored or prepared, utensils are washed
or stored, or garbage or refuse is stored, and in toilet rooms, dressing or locker
rooms, and walk -in refrigerators shall be of smooth nonabsorbent materials, and so
constructed as to be easily cleanable, provided, that the floors of dry food,
nonrefrigerated, storage areas need not be nonabsorbent. All floors shall be kept
clean and in good repair, and the use of sawdust and similar material shall not be
permitted. These requirements do not prevent the use of rugs and carpets in dining
rooms and hallways, provided, that such floor coverings are kept clean.
Abrasive strips also may be used whereever deemed necessary to prevent
accidents. Floor drains shall be provided in all rooms where floors are subjected
to flooding type cleaning or where normal operations release or discharge water or
other liquid wastes on the floor. The walking and driving surfaces of all exterior
areas where food is served shall be kept clean, properly drained, and finished so as
to facilitate maintenance and minimize dust. The walls and ceilings of all rooms
shall be kept clean and in good repair. All walls of rooms or areas in which food is
prepared, or utensils or hand washed, shall have easily cleanable, smooth, light
colored, washable surfaces up to the highest level reached by splash or spray.
Section 8 -121. LIGHTING.
8- 121.01. Lighting. All areas in which food is prepared or stored, or
utensils are washed, handwashing areas, locker rooms, toilet rooms, and garbage and
refuse storage areas, shall be well lighted. All working surfaces shall be
illuminated at not less than 20 foot candles of light. At least 10 foot candles of
light shall be provided on all other surfaces and equipment. In storage areas a
minimum of 5 foot candles of light, thirty inches from the floor shall be provided.
Subdued lighting in dining rooms and public access areas is acceptable, provided,
that lighting meeting the above requirements shall be available during all cleanup
periods in dining rooms and access areas.
ORDINANCE NO. 84 -08 -15-
Section 8 -122. VENTILATION.
8- 122.01. Ventilation. All rooms in which food is prepared or served or
utensils are washed, and toilet, dressing, and locker rooms, and garbage and refuse
storage areas shall be well ventilated and shall be free of disagreeable or
excessive odors, condensation, vapors, smoke, and fumes. Air replacement vents
shall be designed to permit the entrance of an equal volume of displaced air and to
prevent the entrance of insects, dust, or other contaminating materials. During
seasons when weather conditions require tempering of makeup air, adequate equipment
shall be provided to temper the makeup air. All gas or oil fired room heaters and
water heaters shall be vented to the outside air.
Section 8 -123. DRESSING ROOMS AND LOCKERS.
8- 123.01. Dressing Rooms and Lockers. Facilities shall be provided for
the storage of employees' clothing and personal belongings. Where employees
routinely change clothes within the establishment one or more dressing rooms or
designated areas shall be provided for this purpose. Such designated areas shall
be located outside of the food preparation, storage and serving areas, and the
utensil washing and storage areas, provided that, when approved by the Health
Authority, such an area may be located in a storage room where only bottled or
completely packaged and protected foods are stored. Dressing rooms or such
designated areas shall be equipped with lockers. Dressing rooms and lockers shall
be kept neat and clean.
Section 8 -124. HOUSEKEEPING.
8- 124.01. Housekeeping. All parts of the food establishment and its
premises shall be kept neat, clean, and free of litter and refuse. Cleaning
operations shall be conducted in such a manner as to minimize contamination of food
and food contact surfaces. None of the operations connected with a food
establishment shall be conducted in any room used as living or sleeping quarters.
Soiled linens, coats, and aprons shall be kept in approved containers until removed
for laundering. No live birds or animals shall be allowed in any area where food is
prepared, stored, or served, provided that guide dogs accompanying blind persons
may be permitted in food establishments.
Section 8 -125. VENDING MACHINES.
8- 125.01. Vending Machines. Each vending machine licensed under this
ordinance shall be constructed and maintained as follows:
a. Each machine shall be filled only with wholesome ingredients which have
been manufactured and packaged under sanitary conditions and
transported to the machine in sanitary containers or vehicles.
b. The owner or operator of all such vending machines shall, whenever
requested, make provision for the Health Authority to have access
either in company with a employee or otherwise, to the interior of all
vending machines operated by him.
c. Every licensee shall keep and maintain each vending machine in a clean
and wholesome and sanitary condition at all times.
ORDINANCE NO. 84 -08 -16-
d. Each machine must be so designed as to protect against infestation of
insects, vermin, rodents, and to protect against the entrance of dust,
dirt, rain, overhead leakage, or other sources of contamination, and
shall be so constructed and operated as not to create a rodent
harborage. The machine location shall be such as to minimize the
potential for contamination of the food, shall be well lighted, easily
cleanable, and the surroundings shall be so maintained as not to create
an unsanitary or unsightly condition.
e. Each machine shall be so designed that it may be readily cleaned. The
walls, floors, ceiling, covers, lids and other physical features shall
be of such construction as to withstand repeated cleaning.
f. All interior surfaces and component parts of the vending machine shall
be so designed and constructed as to be readily cleaned in place or
removable for cleaning operations, and shall be kept clean. All food
contact surfaces of the machine shall be smooth, nontoxic in themselves
or in combination with food, corrosion resistant, and relatively
nonabsorbent material, and shall be capable of withstanding repeated
cleaning and sanitizing by normal procedures.
g. Each vending machine shall be so constructed that it may be opened and
all parts thereof made available for inspection purposes by the Health
Authority.
h. Each vending machine that vends a cup to receive food from such machine
shall have the dispensing opening protected from dust and insect
infestation by means of a manual or mechanical opening device.
i. The temperature in all vending machines which dispense perishable
unfrozen 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; provided, that exceptions may be made
for: (1) the actual time required to load or otherwise service the
machine and for a maximum recovery period of 30 minutes, following
completion of loading or servicing operation; and (2) in the case of hot
food vending machines, a maximum of 120 minutes to heat food through the
45 degrees F. to 140 degrees F. temperature zone. In hot food vending
machines which are not equipped with refrigerated storage there shall
be no time delay to preclude heat from being applied to perishable food
immediately after it is loaded or placed in the machine. Perishable
food once heated to, or held at, at temperature of 140 degrees F. or
above, shall be maintained at such temperature until served or
discarded.
j. Vending machines dispensing perishable food shall be provided with
adequate refrigerating or heating units, or both, and thermostatic
controls which insure the maintenance of applicable temperatures at
all times. Such vending machines shall also have controls which
prevent the machine from vending perishable food until serviced by the
operator in the event of a power failure or other condition, which
ORDINANCE NO. 84 -08 -17-
results in noncompliance with temperature requirements in the food
storage compartment. Hot food vending machines designed to heat food
through the 45 degrees F. to 140 degrees F. temperature range shall also
be equipped with automatic controls which render the machine incapable
of vending perishable food until serviced by the operator in the event
that heating through this temperature range is not accomplished in 120
minutes or less.
Perishable food which has failed to conform to the time temperature
requirements of this section shall be removed from the vending machine and not made
available for sale unless inspected and approved by the Health Authority as safe for
perishable food shall be provided
consumption. endin machines dis dispensing P
human V g e
g P P
with one or more thermometers which, to an accuracy of -2 degrees F., indicates
the air temperature of the warmest part of the refrigerated food storage
compartment, or the coldest part of the heated food storage compartment, whichever
is applicable.
8- 125.02. Water Supply. All water used in vending machines shall be
drawn from a safe water supply. Vending machines shall be so designed,
constructed, installed and operated as to prevent the production of the toxic
substances in the water or the back siphonage of liquids or gases into the supply
line.
8- 125.03. Identification. Each vending machine shall have posted
thereon a lable or sign stating the name, address and telephone number of the person
responsible for its operation.
Section 8 -126. ENFORCEMENT PROVISIONS.
8- 126.01. Procedure When Infection is Suspected. When suspicion arises
as to the possibility of disease transmission from a food establishment owner or
employee, the Health Authority is authorized to require any or all of the following
measures:
a. The immediate exclusion of such person from all food establishments.
b. The transfer of the services of such person to an area of the food
establishment where there would be no danger of transmitting disease.
c. The requirement of adequate medical examinations of such p ersons and
their associates with such laboratory examinations as may be
indicated.
d. The immediate closing of the food establishment until no further danger
of disease outbreak exists in the opinion of the Health Authority and
the City Administrator.
8- 126.02. Construction Plan Review. All persons who hereafter
construct, extensively remodel or convert buildings or facilities for use as food
establishments shall conform and comply in their construction, erection or
alteration with the requirements of this ordinance. Plans and specifications for
such construction, remodeling, or alteration which shall show layout, arrangement
and plumbing and construction materials of work areas and location, size and type of
equipment and facilities shall be filed by its owner in the office of the Health
Authority. The City of Brooklyn Center shall not issue a building permit for a food
establishment or remodeling or alteration permit for such establishment until such
permits shall have the approval of the Health Authority.
ORDINANCE NO. 84 -08 -18-
8- 126.03. Revocation of License. The license of any food establishment or
vending machine vendor required under this ordinance may be revoked in the manner
provided in Chapter 23 of the City Ordinances on the grounds therein provided or upon
conviction of violation of any provision of this ordinance.
8- 126.04. Interference with, or Hinderance of Health Authority. No
person shall interfere with or hinder any Health Authority in the performance of his
duties under this ordinance or the laws of the State of Minnesota, nor prevent his
performance thereof.
8- 126.05. Temporary Suspension of License. The Health Authority with
the approval of the City Administrator shall immediately suspend the license of any
food establishment for the violation of any terms of this ordinance if such
violations constitute an imminent public health hazard. Upon notification by the
Health Authority of a temporary suspension of license by posting of his report as set
forth in Section 8- 105.03 at the time of the inspection, the licensee shall
forthwith cease operation. The licensee may appeal the temporary suspension in
writing to the City Council in the manner prescribed in Chapter 23 of the City
Ordinances. Upon notification in writing by the licensee to the Health Authority
that all violations have been corrected for which temporarty suspension was
invoked, the Health Authority shall reinspect the food estalishment within a
reasonable length of time. If all violations constituting the grounds for the
temporary suspension have been corrected, the Health Authority shall forthwith
terminate the suspension.
The Health Authority and the City Administrator shall not suspend a license
if the violation or violations which constitute an imminent public hazard can be
eliminated or removed by embargo or condemnation as provided in Section 8 -106.
Section 8 -127. UNCONSTITUTIONALITY CLAUSE.
8- 127.01. Unconstitutionaltiy Clause. Should any section, paragraph,
sentence, clause, or phrase of this ordinance be declared invalid for any reason,
the remainder of said ordinance shall not be affected thereby.
Section 8 -128. PENALTY FOR VIOLATION.
8- 128.01. Penalty for Violation. Any person violating the provisions of
this ordinance shall be guilty of a misdemeanor and upon conviction shall be
punished by a fine of not more than five hundred dollars ($500) and by imprisonment
not to exceed ninety (90) days.]
Section 2. Chapter 8 of the Brooklyn Center City Ordinances is hereby
amended by the addition of the following:
Section 1. Hennepin County Ordinance No. 3, Food Protection Ordinance for
Hennepin County, is hereby adopted by reference and shall be a part of this Ordinance
as if set out in full, except Section II, Scope, Section IV, License and
ORDINANCE NO. 84--08 -19-
Administration; Section V, Administration and Inspection, Subdivision 1, and
Section VI, Food Sources and Supplies, Subdivision 1 thereof. All references in
d "County, "County n
Ordinance No. 3 to County, County Board, or Health Authority" shall be read to
refer to the City of Brooklyn Center, its City Council, and its Sanitarian, Health
Department, or other designated agent.
Section 2. For the purpose of this Ordinance, the following terms shall
have the meanings given to them.
Subd. 1. "Social or service agency" shall mean any organization not
organized 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 enterprises
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:
Bakery food vehicle
Catering food vehicle
Food establishment
Itinerant food establishment
Readily- perishable food vehicle
Vending machine vendor
Special food handling.
Subd. 2. Exemption from Second License. Where the business consists only
of a bakery food vehicle, catering food vehicle, itinerant food establishment,
readily- perishable food vehicle, or vending machine, a food establishment license
shall not be required in addition.
Subd. 3. Readily- perishable Food Vehicle Fleet License. When more than
five readily- perishable food vehicles are operated by the same person in the same
business in the City, he may obtain a fleet license therefor in lieu of a separate
license 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 License. When the only food sold or offered
for sale in a food establishment is wrapped or packaged candy, or bottled or canned
soft drinks, a food establishment license shall not be required; however, a special
food handling license shall be required.
Subd. 5 Display of License. Such license shall be conspicuously
displayed at all times in all licensed food establishments. All food vehicles
shall be identified with a decal, license plate or other means supplied by the Clerk
displayed in a conspicuous place thereon designated by the Clerk.
ORDINANCE NO. 84 -08 -20-
Section 4. Fee Exemptions, License Required. Food service in or operated
by governmental subdivisions, charitable institutions, hou ses of worship,
child -care homes, schools, charitable and nonprofit hospitals, itinerant food
establishments operated by a social or service agency and employee coffee rooms
shall be required to apply for and obtain a license and shall be subject to all
requirements of this ordinance, but shall not be charged a fee for such license.
Section 5. License Fee. Fees for licenses issued hereunder shall be in
the amount set forth by the Council from time to time for Bakery Food Vehicles,
Catering Food Vehicles, Food Establishments, Itinerant Food Establishments,
Readily- perishable Food Vehicles, Vending Machines and Special Food Handling
Licenses.
Section 6. Administration. The application for such licenses shall be
made on forms furnished by the Clerk and shall set forth the general nature of the
business, the location and such other information as the Clerk shall require.
Section 7. Temporary Suspension of License. The Health Authority with
the approval of the City Manager shall immediately suspend the license of any food
establishment for the violation of any terms of this section if such violations
constitute an imminent public health hazard. notification by the Health
Authority of a temporary suspension of license, the licensee shall forthwith cease
operation The licensee may appeal the temporary suspension in writing to the City
Council. Upon notification in writing by the licensee to the Health Authority that
all violations have been corrected for which temporary suspension was invoked, the
Health Authority shall reinspect the food establishment within a reasonable period
of time. If all violations constituting the grounds for the temporary suspension
have been corrected, the Health Authority shall immediately terminate the
suspension. The Health Authority and the City Manager may not suspend a license if
the violation or violations which constitute an imminent public health hazard can be
eliminated or removed by embargo or condemnation.
Section 8. Inspection and Correction. Transport or Sale, Noise
Prohibited. No person licensed under this ordinance, shall call attention to his
business or to his goods, wares or merch ise, by crying them out, by blowing ahorn
or by any loud or unusual noise.
Section 9. Food Sources. All food in all food establishments shall be
clean, wholesome, free from spoilage, adulteration, and misbranding, and shall be
prepared, processed, handled, packaged, transported and stored so as to be
protected from contamination and spoilage and shall be safe for human consumption.
No home prepared foods shall be kept or used in any food establishment except that
home prepared foods other than readily perishable foods may be kept or used in
schools and houses of worship and by social or service agencies at itinerant food
establishments. No more than three itinerant food establishment licenses
authorizing the sale of home prepared foods shall be issued to a social or service
agency in any calendar year. All food received or used in all food establishments
shall be from sources approved by the Health Authority.
Section 10. Vending Machines.
Subd. 1. Each vending machine licensed under this Ordinance shall be
constructed and maintained as follows:
ORDINANCE NO. 84 08 _21_
_,a. Each machine shall be filled only with wholesome ingredients
which have been manufactured and packaged under sanitary
conditions and transported to the machine in sanitary containers
or vehicles.
b. The owner or operator of all such vending machines shall,
whenever requested, make provision for the Health Authority to
have access, either in company with an employee or otherwise, to
the interior of all vending machines operated by him.
C. Every licensee shall keep and maintain each vending machine in a
clean, wholesome and sanitary condition at all times.
d. Each machine must be so designed as to protect against
infestation of insects, vermin, rodents, and to protect against
the entrance of dust, dirt, rain, overhead leakage, or other
sources of contamination, and shall be so constructed and
operated as not to create a rodent harborage. The machine
location shall be such as to minimize the potential for
contamination of the food, shall be well lighted, easily
cleanable, and the surroundings shall be so maintained as not to
create an unsanitary or unsightly condition.
e. Each machine shall be so designed that it may be readily cleaned.
The walls, floors, ceiling, covers, lids and other physical
features shall be of such construction as to withstand repeated
cleaning.
f. All interior surfaces and component parts of the vending machine
shall be so designed and constructed as to be readily cleaned in
place or removable for cleaning operations, and shall be kept
clean All food contact surfaces of the machine shall be
smooth, nontoxic in themselves or in combination with food,
corrosion resistant, and relatively nonabsorbent material, and
shall be capable of withstanding repeated cleaning and
sanitizing by normal procedures.
g. Each vending machine shall be so constructed that it may be
opened and all parts thereof made available for inspection
purposes by the Health Authority.
h. Each vending machine that vends a cup to receive food from such
machine shall have the dispensing opening protected from dust
and insect infestation by means of a manual or mechanical opening
device.
i. The temperature of all vending machines which dispense
perishable unfrozen food shall be maintained at a temperature of
40 degrees F., or below, or 150 degrees F., or above, whichever is
applicable. Where frozen food is being vended, the temperature
shall be maintained at de rees F. or below 5 g w at all times;
40 provided that exceptions may made for (a) the actual time
ORDINANCE NO. 84 -08 -22
required to load or otherwise service the machine and for a
maximum recovery period of 30 minutes following completion of
loading or servicing operation; and (b) in the case of hot food
vending machines, a maximum of i20 minutes to heat food through
the 40 degree F. to 150 degree F temperature zone In hot food
vending machines which are not equipped with refrigerated
storage, there shall be no time delay to preclude heat from being
applied to perishable food immediately after it is loaded or
placed in the machine. Perishable food once heated to, or held
at, a temperature of 150 degrees F. or above shall be maintained
at such temperature until served or discarded.
j. Vending machines dispensing perishable food shall be provided
with adequate refrigeration or heating units, or both, and
thermostatic controls which ensure the maintenance of
applicable temperatures at all times. Such vending machines
shall also have controls which prevent the machine from vending
perishable food until serviced by the operator, in the event of
power failure or other condition which results in noncompliance
with temperature requirements in the food storage compartment.
Hot food vending machines designed to heat food through the 40
degree F. to 150 degree F. temperature range shall also be
equipped with automatic controls which render the machine
incapable of vending perishable food until serviced by t-ie
operator in the event that heating through this temperature
range is not accomplished in 120 minutes or less.
Perishable food which has failed to conform to the
time- temperature requirements of this section shall be removed
from the vending machine and not made available for sale unless
inspected and approved by the Health Authority as safe for human
consumption. Vending machines dispensing perishable food
shall be provided with one or more thermometers which, to an
accuracy of plus or minus 2 degrees F., indicates the air
temperature of the warmest part of the refrigerated food storage
compartment, or the coldest part of the heated food storage
compartment, whichever is applicable.
Subd. 2. Water Supply. All water used in vending machines shall be drawn
from a safe water supply. Vending machines shall be so
designed, constructed, installed and operated as to prevent the
production of toxic substances in the water or the
back- siphonage of liquids or gases into the supply line.
Subd. 3. Identification. Each vending machine shall have posted thereon
a label or sign stating the name, address and telephone number of
The person responsible for its operation.
ORDINANCE NO. 84 -08 -�3-
Section 3. This ordinance shall become effective after adoption and upon
thirty (30) days following its legal publication.
Adopted this 9th day f July 19
ATTEST: /f
Published in the official newspaper June 21, 1984
Effective date July 21, 1984
(Brackets indicate matter to be deleted, underline indicates new matter.)