HomeMy WebLinkAbout1965 12-06 251
Minutes of the Proceedings of the Village
Council of the Village of Brooklyn Center
in the County of Hennepin and State of
Minnesota
December 13, 1965
The Village Council met in regular session and was called to oider
by Mayor Gordon Erickson at 7 :30 P. M.
Roll Call: Present were Mayor Gordon Erickson, Phil Cohen, Earl
Simons and Howard Heck. Also present were A. J. Lee, D. G. Poss, T. L.
Hadd , P.W. Holmlund, T.L. Willard, M.R. Hyde and Chief O' Hehir.
Reverend Zart of Harron Methodist Church offered the invocation.
Motion by Howard Heck and seconded by Phil Cohen to approve the
minutes of the December 6, 1965 Council Meeting as recorded. Motion
carried unanimously.
Member Phil Cohen introduced the following Ordinance Amendment
and moved its adoption, and further moved that for the purposes of the minutes
of the proceedings of the Village Council, the text of the ordinance shall be
attached to the minutes and be a part thereof:
AN ORDINANCE ESTABLISHING GENERAL LICENSING
REGULATIONS AND AMENDING CHAPTER 23 OF THE
VILLAGE ORDINANCES
The motion for the adoption of the foregoing ordinance amendment was duly
seconded by member Howard Heck, and upon vote being taken thereon, the
following voted in favor thereof: Gordon Erickson, Phil Cohen, Earl Simons,
and. Howard Heck, and the following voted against the same: none, whereupon
said ordinance was declared duly passed and adopted.
Motion by Howard Heck and seconded by Earl Simons to accept the
recommendation of the Village Administrator and Chief of Police and make
the following in- service appointments, effective January 1, 1966:
Lawrence Goga from Patrolman to Detective (Probationary)
Robert Leonard from Lieutenant (Probationary) to Lieutenant (Permanent)
James Lindsay from Lieutenant (Probationary) to Lieutenant (Permansaa )
David Lindgren from Lieutenant (Probationary) to Lieutenant (Permanent)
Raymond Beach from Sergeant (Probationary) to Sergeant (Permanent)
Kenneth Jones from Sergeant (Probationary) to Sergeant (Permanent)
Motion carried unanimously.
Motion by -Phil Cohen and seconded by Howard Heck to accept the
recommendation. of the Village Administrator and Chief of Police and appoint
Donald -Spehn and Scott Kline as patrolmen (probationary) effective January 17,
- 1966. Motion carried unanimously.
Motion by: Earl Simons and sodonded by Phil Cohen to' accept the
recommendation of the Administrator and Director of :Parks and Recreation -and
appoint as temporary employees, the following persons to the positions and
at the salaries listed, such appointments to be effective December 13, 1965
and to expire on February 28, 1966:
ME POSITION RA
Shirley Swenson Trimnastics & Girls Gym Instr. $ 4.00/hr.-
Louis Mettico Boy's Basketball Supervisor 4.00 /hr.
James Knuckey Hockey Supervisor S.00/ht.
Edward jennrich Rink Attendant 1.50 /hr.
juell Waldren Stink Attendant 1.50 /hr.
Arthur Baardson Rink Attendant 1.5 /hr.
Carl Johnson Rink Attendant 1.5 /hr.
Elmer Peterson Rink Attendant 1.5 /hr.
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285
Motion by John Leary and seconded by Phil Cohen to declare the
first reading of the proposed general licensing regulation amendment to
Chapter 23 and set the second reading for the December 13, 1965 Council
meeting. Motion carried unanimously.
Member Phil Cohen introduced the following resolution and moved
its adoption:
RESOLUTION NO. 65 -235
RESOLUTION ACCEPTING BID AND APPROVING
CONTRACT FORM
The motion for the adoption of the foregoing resolution was duly seconded
by member Earl Simons, and upon vote being taken thereon, the following
voted in favor thereof: Gordon Erickson, Phil Cohen, John Leary, Earl
Simons and Howard Heck, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
Motion by John Leary and seconded by Howard Heck to authorize the
Village Engineer to dispose of surplus polyphosphate chemical feeders for
the highest possible price. Motion carried unanimously.
Motion by Phil Cohen and seconded by John Leary to authorize the
Mayor and Clerk to sign an agreement for the installation of curb and
driveways at the public library. Motion carried unanimously.
Member Howard He a introduced the following resolution and moved
its adoption:
RESOLUTION NO. 65 -236
RESOLUTION CORRECTING ERRORS IN MINUTES
OF VILLAGE COUNCIL OF VILLAGE OF BROOKLYN
CENTER, DATED OCTOBER 4, 1965
The motion for the adoption of the foregoing resolution was duly seconded
by member Phil Cohen, and upon vote being taken thereon, the following
voted in favor thereof: Gordon Erickson, Phil Cohen, John Leary, Earl
Simons and Howard Heck, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
Member John Leary introduced the following resolution and moved
its adoption:
RESOLUTION NO. 65 -237
RESOLUTION RESCINDING THE VILLAGE COUNCIL'S
PROCEEDINGS RELEVANT TO SANITARY SEWER
IMPROVEMENT NO. 1964 -12
The motion for the adoption of the foregoing resolution was duly seconded
by member Homed Heck, and upon vote being taken thereon, the following
voted in favor thereof: Gordon Erickson, Phil Cohen, John Leary, Earl
Simons and Howard Heck, and the following voted against the same: none,
whereupon said resolution was declared duly passed and adopted.
Motion by John Leary and seconded by Earl Simons to accept tk-e
recommendation of the Administrator and terminate the employment of
Marvin Mohr and Felix Kampa as temporary Street Department laborers,
effective December 3, 1965. Motion carried unanimously.
Motion by Howard Heck and seconded by Phil Cohen to appoint
Raymond Christopher as part-time assistant to the assessor, at a salary
of $2.00 per hour, effective November 26, 1965. Motion carried
unanimously.
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283
Motion by Phil Cohen and seconded by John Leary to adjourn.
Motion carried unanimously. The Village Council adjourned at 12:25 A. M.
Mayor
Clerk
f
-3-
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 ORDAIN AS
FOLLOWS:
Section 1. The Ordinances of the Village of Brooklyn Center are
hereby amended by the addition thereto of a new Chapter 8, which shall
read as follows:
CHAPTER 8
FOOD- SAN1_Tk_TJO1-'i 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 ccatains
any poisonous or deleterious substance which may be injurious to health,
provided, however, if such food bears or contains poisonous or deleterious
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 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- 100.05 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,utensilg*
or clothing from sale or use in any establishment that comes within the pum 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 humaiz
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, 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 Authorit shall mean the Village Health Officer of
the Village of Brooklyn Center or h 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- 100.15 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 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 Yehicles 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 Vie, Water Supoly 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 herein, 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 Ac
jency 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, dins or tokens, or by other similar means, dispens _ :;.
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 listed
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
i
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. When more
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 riot 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 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: $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- X103.01 (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 operators
of machines which vend non - perishable products in a sealed
container, wrapped package, or open cup.
3. Perishable or Readily Perishable Vendors - Fifteen dollars
per annum for operators of machines which vend perishable
or readily perishable products.
4. Combination Non- Perishable - Perishable Vendor - Twenty
operators of
dollars per annum for per perishable and non-
A
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 locatica 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
I '
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 categories
(a) and (b) exceed $15.00 for any one location.
" hall mean
the term "vending s
As employed herein, 9 machine location
the room, enclosure, space, or area where one or more vending machir: as
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 Village of
Brooklyn Center. The Health Authority may inspect food
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 th:a Village
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 tray led
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 Ito
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
authorised 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 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 aut orized
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 reasonabl¢
time for purpose of inspection and shall exhibit and allow copying of any record
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 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.
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 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 remove
or destroyed, any food which is unwholesome or adulterated, unfit for human
consumption, or otherwise prohibited by the Village Ordinance or State or PederL,
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 establishments
shall comply with all the applicable provisious 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 continence 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 approve,,:
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 an such products u h
Y p uc upon which any such official
identification is lost b reason of the processing thereof shall be Identified
Y P 9 en
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 he r established b
9 Q Y
state laws, rules and regulations, and shall be approved by the Health Authority.
8- 108.06 Sources of Frozen Dairy Foods. All frozen dairy foods, sucr_
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 5 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 equipn. ent,
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 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;
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. rood 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 Mater 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 1700 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. grater 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. 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 pre - scraped, pre- flushed, or pre - soaked.
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 rinvi
water sprays. Detergents of a concentration which will render utensils and
equipment clean shall be used at all times in the wash water. Nash water
temperatures shall be at least 140 Fahrenheit, except in a single tank convey-
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
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 Large Equipment and Utensils Large preparation equipmew
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. I cold-
storage of glasses or similar utensils is prohibited. All nder counter utensil
storage compartments less than 18 inches from the floor s iall be enclosed and
shall be kept enclosed except during times of meal servic . Enclosed auto-
matic utensil elevators shall be accepted. Cups and glasses stored on shelves
shall be inverted. Rack or tray stacking of glasses is ac ept ed. Shelving
shall be protected by easily cleanable, non- absorbent materials, paint, varnish,
or equivalent.
8- 113.09 Storage - Ice Cream Dippers. Runnin -water dipper wells
connected to a safe water supply and to the municipal se erage system shall
be provided for ice cream dippers and scoops at all locati ns or stations where
bulk ice cream is dispensed. This requirement shall not pply in those situa-
tions where ice cream is being served at a temporary loca ion, hew 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 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 Su Safe water from
a safe wafter 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, w th 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 City, 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.
8- 114.04 Vvater - Cross Connections to Non - Potable 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 non - potable 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.
Section 8 -115 - SEWAGE.
8- 115.01 Sewage 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 Plumbing. Plumbing shall be so sized and installed and
maintained as to carry adequate quantities of water to required locations through -
out 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 insanitary condition or nuisance. Food service egt;L „}-
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 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 tr
requirements of this item,
8-117.02 Lavatory - Required Equipment. Every food estabsishmer;'
other than vending machines, itinerant food establishments and food vehiclez
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 Garbage 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
contain0r, 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 cleaning or vihere normal operations release
or discharge water or other liquid wastes on the floor. . The
walking and diving 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 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 Lighting_ Ali areas in which food is prepared or stored, or
utensils are washed, handwashing areas, locker rooms, toilet rooms, end 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 i."
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 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 mere
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, 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, 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 minimise 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 cleaner'
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, 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 , P the temperature shall be maintained at 5 0 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 hated
to, or held at, a temperature of 140 F. or above, shall be main-
tained 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
results in non - compliance with temperature requirements in the food
storage compartment. Hot food vending machines designed to heat
food through the 45oF. 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 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 -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 +j- 2 , indicates the air temperature of the warmest part
of the refrigerated food storage compartment, or the coldest part of the heat:,.'
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 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 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
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- 126.03 Revocation of License. The license of any food establishment
or vending machine very sax required under this Ordinance may be revoked in the manner
provided in Chapt.23of 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- 126.05 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- 105.03 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......... "
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