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HomeMy WebLinkAbout1965-16 12-06 CCO t AN ORDINANCE PROVIDING FOR THE REGULATION AND LICENSING OF FOOD HANDLING AND PROCESSING ESTABLISH- MENTS, VEHICLES EMPLOYED IN FOOD DISTRIBUTION, AND FOOD VENDING MACHINES AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF, TO BE KNOWN AS THE "FOOD SANITATION CODE" THE VILLAGE COUNCIL OF THE VILLAGE OF BROOKLYN CENTER DO ORD1,IN AS FOLLOWS: Section 1. The Ordinances of the Village of Brooklyn Center are hereby amended by the addition thereto of d new Chapter 8, which shall read as follows: CHAPTER 8 FOOD SAUUATIOI 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, provided, however, if such food gars or contains poisonous or deleterious substance added thereto or found therein for which a safe tolerance or s:andarr has been established by lawful regulation, or law, such food shall not be adulterated food if such deleterious substances are not in excess of 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 Village 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. 8- 100.07 Embargo shall mean the withholding of food,equipment,utens1As' or clothing from sale or use in any establishment that comes within the pur'iew of this ordinance until approval is given by the health authority for such sale or use. 8- 300.08 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. i 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, dis- tributed, 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 purpose of delivery or sale. 8- 100.12 Health Authority, shall mean the Village Health Officer of the Village of Brooklyn Center or his authorized representative.. 8- 100.13 Home Prepared Food shall mean any food which has been processed or prepared in a private home not licensed under this Ordinance. 8- 100.14 Itinerant Food Establishment shall mean a food establish- ment operating for a temporary period, including, but not limited to, a fair, carnival, circus, church supper, or public exhibition. 8- 100.18 Misbrandinq 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- 100.18 Perishable Food shall mean foods such as fresh fruits and vegetables and other foods which will decompose in the absence of refrigera- tion. 8- 100.17 Person shall mean any individual, firm, partnership, cor- poration, trustee, or association and with respect to acts prohibited or re- quired herein, shall include employees and licensees. 8- 100.18 Pre - Packaged Food shall mean clean, unadulterated, whole- some food packaged in a substantial, clean container or wrapper. 8- 100.19 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 micro- organisms which can cause food infection or food intoxication. • 8 -100. 20 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 Village of Brooklyn Center for delivery therein. 8.100.21 Safe Water shall mean water which is not adultereated and which is free from pathogens and coliform organisms. 8- 100.22 Safe Water Sucoly 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- 100.23 Single- Service Utensils shall mean all utensils which are meant to be used only once and then discarded. 8- 100.24 Smooth shall mean having an even surface free of cracks, chips, open seams, rust, corrosion, breaks, pits, checks, and ridges. 8- 100.25 Smooth. with reference to equipment and utensil surfaces. In addition to the definition of smooth hereiny shall mean a surface which, in the case of stainless steel, 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 Standard No. 125; or In the case of non - corrosion resistant alloys, in at least as smooth as commercial grade rolled steel and is free of loose scale. 8- 100.26 Social or Service Aaency shall mean any organization not organized for profit, and no part of the net earnings of which inures to the benefit of any private shareholder or individual. 8- 100.27 Utensils shall mean all kitchenware, tableware, dishes, glassware, cutlery, pots, pans, containers, implements, or other equipment with which food comes in contact during storage, cooking, preparation, display, or serving. 8- 100.28 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 replinishing the device between each vending operation. 8- 100 -29 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 establish- ment or engage in the business of operating any of the following types of enterprises within the corporate limits of the Village of Brooklyn Center unless a license for the current year of the applicable type described herein and listea below shall have been obtained therefor pursuant to this ordinance from the Village Clerk: Bakery food vehicle Catering food vehicle Food establishment Itinerant food establishment Readily - perishable food vehicle Vending machine - vendor 8- 101.02 Exemption From Second License - where the business con- sists 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. 8- 101.03 Readily - Perishable Food Vehicle Fleet License. Wt an mor:. than five readily - perishable food vehicles are operated by the same person in the same business in the Village, 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 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. 8- 101.05 Display of License. Such licenses 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 Village Clerk displayed in a conspicuous place thereon designated by the Village 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 non- profit 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 requirement 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: $15.00 per annum for each vehicle. B. Catering food vehicle: $50.00 per annum, plus $10.00 per annum for each additional vehicle. C. Food establishment: $25.00 per annum, plus $5.00 per annum for each additional facility on the same premises. D. Itinerant food establishment: $10.00 for the first days operation, plus $1.00 for each additional day of operation in a continuous period. E. Readily - perishable food vehicle: `$ 5.00per annum. F. Readily - perishable food vehicle, fleet license: $25.00 per annum. 8- 103.01 (cont'd) G. Vending Machine -Vendor 1. Bulk Vendor - Ten dollars per annum for operators of machines which vend gumballs, nuts, panned candies, etc. in unpackaged form. 2. Non - Perishable Vendor -Five dollars per annum for ope. ators of machines which vend non - perishable products in a pealed container, wrapped package, or open cup. 3. Perishable or Readily Perishable Vendors - Fifteen doll,-rs per annum for operators of machines which vend perishable or readily perishable products. 4. Combination Non - Perishable - Perishable Vendor - Twenty dollars per annum for operators of perishable and non- perishable 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 Village. The fee for such permits shall be in accord with the following schedule: For each machine location: a. $1.00 for each machine vending bottled or canned • soft drinks, prepackaged confections and similar dry, non - perishable items, or for each machine which manufactures and or vends packaged or unpackaged ice, up to a maximum of $5.00. b. $1.50 for each machine vending perishable or readily - perishable food, -up to a maximum of $12: 00; provided, however, that in no case shall the combined permit fees for categor= ;s (a) and (b) exceed $15.00 for any one location. 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: $5.00 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 Village Clerk and shall set forth the general nature of the business, the • location, and such other information as the Village 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 Village of Brooklyn Center Ordinances relative to general requirements for issuance of licenses of the Village of Brooklyn Center. • Section 8 -105 - INSPECTION AND CORRECTION 8- 105.01 Inspections Outside the Corporate Limits of the ViAage of Brooklvn Center. The Health Authority may inspect good establishments situated outside the corporate limits of the Village of Brooklyn Center which sell or distribute any food to persons licensed under this Ordinance by the Village of Brooklyn Center. The fees for such inspections shall be equal to the total of the actual cost of salary paid the Health Authority by the of Brooklyn Center for the number of hours necessarily spent in each s-..ch inspection, and the cost of transportation incurred or expended by the �.jealth Authority for mileage at the rate of 7 -1/2 cents per mile actually traveled from the Village Hall or last place of inspection, whichever is less, and returning to the Village Health Department at the Brooklyn Center Village Hall. The Village 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 Village limits and the licensee shall within ten days pay the amount claimed in the statement to the Village of Brooklyn Center. Such inspections shall not be made unless authorized by the Village 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 Postinq. 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 establish- ment or halving received a report giving notification of one or more violations of this Ordinance shall correct or remove each violation in a reasonable ler =gth 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. 8 -106 - EMBARGO, EXAMINATION, CONDEMNATION, TAGGING AND NOISE RESTRICTION 8- 106.01 Embargo, Examination, Condemnation and TaQgin9. 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 altera- tion 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 Village Ordinance or State or Federal Law. The Health Authority may condemn and 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 Transport or Sale, Noise Prohibited. No person, licensed under this Ordinance, shall call attention 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 establishment: • shall comply with all the applicable provisions of this Ordinance, and shall be constructed and operated in an approved manner, provided, that specific re- quirements 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 establish- ment is ready for final inspection, and the Health Authority shall immediately make an inspection and issue a report thereon, and no itinerant food establish- ment 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 establish- ments shall be clean, wholesome, free from spoilage, adulteration, and mis- branding, 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. 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 un- opened 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, 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 iden- tified as having been inspected for wholesomeness under the supervision of a • licensed veterinarian, and any such products upon which any such official identification is lost by reason of the processing thereof shall be identified by the name and location of the processor thereon. 8- 108.05 Sources of Poultry. All poultry and poultry meat products shall be clean, wholesome, free from spoilage and adulteration, and shall be processed in a food establishment meeting the requirements established by state laws, rules and regulations, and shall be approved by the Health Authors' . 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 F. or at or above 140 F., except during preparation. Frozen food shall be kept at or below S F. Poultry and pork shall be thoroughly cooked before being served. Individual portions of food once served to 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 dis- play, 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 con- tracted 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 hygienic 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 pro- vided with equipment, applicable to the operation therein conducted, which is so designed, constructed, installed, located, and maintained as to permit full compliance with the provisions of this Ordinance. Section 8 -112 - SANITARY DESIGN, CONSTRUCTION AND INSTALLATION OF EQUIPMENT AND UTENSILS. 8- 112.01 Sanitary Desiqn. 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; 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 non - toxic. 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 Health- Industry Council of the National 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 Village 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 equip- ment 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 Fahrenheit or for 1/2 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 equip- ment is prohibited as a means of bactericidal treatment, except in a spray cabinet or an automatic dishwasher. Mater used for bactericidal treatment of utensils and equipment shall at all times during business hours be kept at a temperature of at least 170 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 Fahrenheit. A three- compartment sink shall be used, with the first compartment for washing, the second compart- ment for rinsing, and the third compartment for immersion in water at a tempera- ture of at least 170 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. a. Chemical solution once used shall not be re -used for bactericidal treatment on any succeedin g day. b. 'There chemical treatment is used, a three - compartment sink shad be required; the first compartment to be used for washing, the second ft clear water rinsing, and the third for chemical immersion. C* The type of chemical compound, the concentration for use, and t1 length of time of exposure shall be approved by the Health Authority. 8- 113.04 Mechanical Svrav -Tune Washina and Bactericidal Treatment. When mechanical spray -type washing operations are employed, all multi -use utensils and equipment shall be pre - scraped, pre - flushed, or pre - soaked. Utensils and equipment shall be placed in racks or on conveyors in such a way that all f surfaces shall be subjected to unobstructed wash and rinse h t a food contact urfa 3 water sprays. Detergents of a concentration which will render utensils and g equipment clean shall be used at all times in the wash water. jNash water temperatures shall be at least 140 Fahrenheit, except in a single tank conveyor type machines in which the wash water temperature shall be at least 160 Fahrenheit. Flow 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 °Fahrenheit. The temperature of the final rinse water shall be at least 180 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 accurately 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, provides' . however, such utensils and equipment must be clean. 8- 113.06 Larqe 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 show- ing in detail the procedure or process and the effectiveness thereof, and, pro - vided, 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 con- tamination, 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 g p less than 18 inches from the floor shall be enclosed and shall be kept enclosed except during times of meal service. Enclosed auto - matic 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, non- absorbent materials, paint, varnir . 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 situa- tions where ice cream is being served at a temporary location, hoN ever, 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 Sinqle- 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 pre - packaged 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 munici- pal 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 Citv Water Prohibited. No direct connection shall be made or permitted to exist between the public supply system of the Village of Brooklyn Center and any other source of water i 8-114.64 Water - Cross Connections to Non - Potable Water Svstems 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 non - potable water shall be identified by color so that it Is readily distinguished from piping which carries potable water. 8- 114.05 Filling, Trans porting, and Dispensing Water fro 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 an?' which have been subjected to bactericidal treatment. Buckets, scoops, and ic 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. Section 8 -115 - SEWAGE. 8- 115.01 Sewaqe Disposal. All water - carried sewage shall be dis- posed of by means of the public sewerage system of the Village, if such system is available, provided that when an individual sewage disposal system is re- quired, it shall be designed, located, and constructed in compliance with the Village Code and the 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 Plumbinq. Plumbing shall be so sized and installed and maintained as to carry adequate quantities of water to required locations throw out the establishment; prevent contamination of the water supply; convey sewa- 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 insanitary condition or nuisance. Food service equip- ment, 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 toilet facilities for employees which are kept clean and in good repair a free P g pal and r e 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 pre- packaged food or which transport meat in the manner pro- vided by state law or regulation, shall be provided with adequate, conven- iently 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 Garbaqe and Refuse Disposal. All garbage and refuse shall, prior to disposal, be kept in tight non - absorbent 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, 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 dis- posed 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 surfaces 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 non - absorbent materials, and so constructed as to be easily cleanable, provided, that the floors of dry food, non - refrigerated, storage areas need not be non - absorbent. 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 hall ways, provided, that, such floor coverings are kept clean. Abrasive strips also may be used wherever deemed necessary to prevent accidents. Floor drains shall be provided in all rooms where floors are subjected to flooding -type cieaning' 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 Lhall 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 hands 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 Liqhtinq. All areas in which food is prepared or stored, or utensils are washed, handwashing areas, locker rooms, toilet rooms, and gar- bage 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 clean -up periods in dining rooms and access areas. 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 disagree- able or excessive odors, condensation, vapors, smoke, and fumes. Air replace- ment vents shall be designed to permit the entrance of an equal volume of dis- placed air and to prevent the entrance of insects, dust, or other contaminating materials. During seasons when weather conditions require tempering of make- up air, adequate equipment shall be provided to temper the make -up 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 Dressina 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 Housekeenina. 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 quartets. 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 Vendinq 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, when- ever 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 cleanand wholesome and sanitary condition at all times. d. Each machine must be so designed as to protect against infesta- tion of insects vermin, against t trance of rm n, rodents, and to protect again he en 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 r unsightly condition rY 9 Y • 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 sh- 1 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, non -toxic in them- selves or in combination with food, corrosion resistant, and relatively non- absorbent 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 F. or below, or 140 F. or above, whichever is applicable, Where frozen food is being vended, the temperature shall be maintained at 5 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 F. to 1400F. 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 140 F. or above, shall be main- tained at such temperature until served or discarded. i. 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 results in non - compliance with temperature requirements in the food storage compartment. Hot food vending machines designed to heat food through the 45 to 140 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 even that heating through this temperature range is not accomplished in 120 minutes or less. Perishable food which has failed to conform to the time -ten perature 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 +/- 2 , 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 Sup 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 label 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 suspicio= arises as to the possibility of disease transmission from a food establishmer�� 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 persons 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 Village 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 fdr 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 Village 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. 8- 126.43 Revocation of License. The license of any food establishmnt or vending machine venctor required under this Ordinance,may be revoked in the manner provided in Chapt. 2 3 of the Village 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.OS Temporary Suspension of License. The Health Authority with the approval of the Village 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 notifica- tion by the Health Authority of a temporary suspension of license by posting of his report as set forth in Section 8 -10S. 03 at the time of the inspection, the licensee shall forthwith cease operation. The licensee may appeal the tem- porary suspension in writing to the Village Council in the manner prescribed in Chapter 23 of the Village Ordinances. 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 re- inspect the food establishment 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 Village 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 Unconstitutionality 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 one hundred :dollars ($100.00) or by imprisonment for not to exceed 90 days. Section 2. Chapter 23 of the Village Ordinance is hereby amended as follows: a. That portion of the first sentence of Section 23 -801 which reads "licensed as provided in this ordinance" is amended to read "the provisions of this ordinance be met. " b. That portion of the first sentence of Section 23 -802 which reads "application for a license" is amended to read "Application for a Catering Food Vehicle license ". c. Section 23 -802 is further amended by the deletion therefrom of the last three sentences which being as follows: "The application shall be accompanied by.......... of Section 3. This ordinance shall, after its legal publication, become effective on February 15, 1966. • Adopted this 6th day of December 1965. Mayor ATTEST: Clerk