Loading...
2010-13BILL NO. 2010-13 AMENDMENT TO THE CITY CODE REPEALING SECTION 615 AND ADDING NEW SECTION 617 PERTAINING TO INSPECTION AND REGULATION OF FOOD ESTABLISHMENTS IN THE CITY OF RICHFIELD THE CITY OF RICHFIELD DOES ORDAIN: Section 1. The Richfield City Code is amended by repealing the entire existing Food establishment Section at Section 615 in its entirety. Sec. 2. The Richfield City Code is amended by adding a new Section 617 as follows: Section 617 -Food establishments 617.01. Findings and Purpose. This section is enacted to establish standards for the regulation of food establishments in Richfield in order to protect the health, safety and general welfare of the public pursuant to the powers granted under Minnesota Statutes, Chapter 145A. The principal objectives of this section of the City Code are to prevent illness, to correct and prevent conditions that may adversely affect persons utilizing licensed establishments, to provide consistent standards for design, construction, operation and maintenance of licensed establishments, and to meet the consumer expectations of health and safety of licensed establishments. For the purpose of prescribing regulations governing food establishments, the City of Richfield hereby adopts the following rules and statutes as may be amended or recodified from time to time: (a) Minnesota Statutes, Chapters 157; and (b) Minnesota Rules, Chapter 4626, except for 4626.1715, subpart B, 4626.1720, subpart B, and 4626.1755 through 4626.1780. 617.03. Definitions. Subdivision 1. "Food Catering Vehicle" is a commercial vehicle used only to transport or store food, tableware, utensils or food equipment with temperature control and is used as part of a food catering or food retail operation. This does not include personal vehicles used only to deliver foods intended for immediate consumption like pizza, boxed lunches, etc. Subd. 2. "Food Establishment" is defined in Minnesota Rules, Chapter 4626, as amended. Food establishments include, but are not limited to, restaurants, cafeterias, bars, clubs, cafes, coffee shops, grocery stores, delicatessens, convenience stores, lodges, resorts, retail bakeries, retail meat markets, produce stands, group childcare centers, group adult care centers, institutions, public and private schools, satellite or catered serving locations, catering food vehicles, carts, packaged retail food sales, vending machines, mobile food units, special event food stands or other short-term food operations, and similar businesses established for the service or retail distribution of food and beverages. Subd. 3. "Health Authority" means the City of Richfield Public Safety Department and its qualified designated employees or agents as the Richfield City Council may designate. The term "regulatory authority" in the Minnesota Food Code, Minnesota Rules, Chapter 4626 shall mean the Health Authority. Subd. 4. "Issuing Authority" means the City of Richfield Public Safety Department and its qualified designated agents as the Richfield City Council may designate. Subd. 5. "Potentially Hazardous Food" is defined in Minnesota Rules, Chapter 4626. It also means food that requires temperature control for safety. 617.05. Authority. The City of Richfield regulates food establishments through delegation of authority from the Minnesota Department of Health, and in conjunction with a designee or contractor. 617.07. License Required. No person shall operate a food establishment within the City of Richfield or engage in any enterprises described in this Code, without first obtaining and having a valid license as provided herein. The application for such license shall be made on forms furnished by the City of Richfield and shall describe the general nature of the business, its location, and any other information deemed necessary by the City. The application must be in the name of the owner of the real property on which the licensed premises are situated and bear the signature of the owner or that of the owner's authorized agent. 617.09. License Fees. License fees shall be as set forth in Appendix D of this Code. Initial and renewal licenses shall be issued for the calendar year for which application is made and shall expire on December 31 of such year. License renewals shall be obtained on an annual basis. 617.11. License Application Execution, Verification and Consideration. Subdivision 1. Execution. If the application is that of an individual, the application shall be signed and sworn to by that person; if of a corporation, by an officer thereof; if of a partnership, by one of the general partners; if of an unincorporated association, by the manager or managing officer. Subd. 2. Timin Applications for food establishment license shall be submitted to the City at least 30 days before the date the food establishment intends to begin serving food. Subd. 3. Verification. Applications for licenses under this section shall be submitted to the Issuing Authority. The Issuing Authority is empowered to conduct any and all investigations to verify the information on the application, including ordering a computerized criminal history inquiry and/or a driver's license history inquiry on the applicant. The issuing authority may also accept the reports of other governmental food inspection agencies. Subd. 4. Consideration. Within a reasonable period after the completion of the license verification process by the Issuing Authority, the Issuing Authority shall accept or deny the license application in accordance with this section. If the application is denied, the Issuing Authority shall notify the applicant of the determination in writing. The notice shall be mailed by regular mail to the applicant at the address provided in the application and it shall inform the applicant of the applicant's right, within twenty (20) days after receipt of the notice by the applicant, to request an appeal of the Issuing Authority's determination to the City Council. If an appeal to the City Council is timely received by the Issuing Authority, the hearing before the City Council shall take place within a reasonable period after receipt of the appeal by the Issuing Authority. 617.13. Persons and Locations Ineligible for License. Subdivision 1. Persons Ineligible. No license shall be granted if the applicant: (a) Is not a citizen of the United States or a resident alien, or does not have the legal authority to work within the United States; (b) Is not of good moral character and repute; (c) Is not eighteen (18) years of age or older on the date the application is submitted to the Issuing Authority; (d) Has been convicted of a crime that directly relates to the occupation herein licensed, as defined by Minnesota Statutes, Section 364.03, subdivision 2, as amended, and has not shown competent evidence of sufficient rehabilitation and present fitness to pen`orm the duties of the occupation to which this license applies as defined by Minnesota Statutes, Section 364.03, subdivision 3, as amended; (e) Has had a license similar to this section's license revoked by any other government body within three (3) years before the application date; (f) Has been denied a license by the City because of circumstances, which occurred within three (3) years before the application date; (g) Has violated any provision of this section within three (3) years before the application date, or has violated any provision of this section during the application period pending the issuance of the license; (h) Has falsified any information or omitted material information required by this section; or (i) Owes taxes or .assessments to the State, County, School District, or City that are due and delinquent. Subd. 2. Locations Ineligible. The following locations shall be ineligible for a license under this Division: (a) Taxes due on property. No license. shall be granted or renewed for operation on any property on which taxes, assessments, or other financial claims of the state, county, school district, or City are past due, delinquent, or unpaid. In the event a suit has been commenced under Minnesota Statutes, Section 278.01 - 278.13, as amended, questioning the amount or validity of taxes, the City Council may, on application, waive strict compliance with this provision; no waiver may be granted, however, for taxes or any portion thereof which remain unpaid for a period exceeding one (1) year after becoming due. (b) Improper zoning. No license shall be granted or renewed if the property is not properly zoned under Chapter 5 of this Code unless the use is a legal, nonconforming use. 617.15. Food Establishment Licensing Categories and Restrictions: Subdivisions 1. Type I means those food establishments serving on average 500 or more meals per day; having 175 or more seats; or having 500 or more customers per day. Type I establishments include those: (a) Preparing for retail sale potentially hazardous foods that require extensive processing and handling on premises; (b) Cooking or cooling potentially hazardous foods; (c) Offering as a menu item raw or undercooked potentially hazardous meats, poultry products, eggs, fish, shellfish or foods with raw potentially hazardous items as ingredients; (d) Transporting potentially hazardous foods as a catering service; or (e) Conducting food processing that involves smoking, curing, or reduced oxygen packaging. Type I food establishments require a certified food manager as specified in Minnesota Rules, Chapter 4626. They include, but are not limited to, full-service restaurants; counter-service restaurants; food retail delis; institutional kitchens; food manufacturing, packaging, and processing plants; bakeries preparing potentially hazardous foods or detailed decorating; and meat markets with complex processing. A supplemental license shall be required for each additional separate and distinct food facility such as a bakery, kitchen, meat market, grocery store, bar, or serving area facility on the same premises. Subd. 2. Type II means a Type I food establishment serving on average fewer than 500 meals per day; having fewer than 175 seats; or having fewer than 500 customers per day. Type II establishments require a certified food manager as specified in Minnesota Rules, Chapter 4626. Subd. 3. Type III means those food establishments serving or preparing: (a) Mainly non-potentially hazardous foods; (b) Potentially hazardous foods prepared elsewhere and only heated or held cold onsite; and (c) Serving or retailing limited potentially hazardous foods, such as pizza, requiring handling followed by heat treatment. Type III establishments require a certified food manager as specified in Minnesota Rule, Chapter 4626. They include, but are not limited to, such operations as pizza carry-out and delivery; ice cream dipping; heating for hot holding pizzas, precooked bagged soups and wrapped sandwiches made elsewhere intended for customer self-service; bake-off only bakeries; produce departments; meat markets that only cut or grind meat; buffet-style breakfasts with hot held foods or waffle stations; and serving kitchens receiving meals prepared elsewhere. Subd. 4. Type IV means those food establishments having minimal food handling. Type IV establishments are not required to have a certified food manager as specified in Minnesota Rules, Chapter 4626. They include, but are not limited to such operations as, retail sales of cold or frozen packaged potentially hazardous foods; packaged foods where customers may heat the food onsite; hotdogs; ready-to-eat pizzas and sandwiches made elsewhere delivered for immediate resale according to federal regulations; coffee shops with frothed milk; unpackaged baked goods made elsewhere; continental breakfasts with rolls, juice, coffee, cold cereal, and milk; juice bars with blended drinks; and on-sale bars with mixed drinks. Subd. 5. Type V means those food establishments where non-potentially hazardous food or food products are sold at retail or served in the original container including snack bars, bottled beverages and packaged food products. Type V food establishments are not required to have a certified food manager as specified in Minnesota Rules, Chapter 4626. Subd. 6. Supplemental Facility means any additional distinct or separate food retail or food service facility on the same premises as a Type I or II establishment, including catering food vehicles. Supplemental :facilities are categorized as: (a) High Supplemental Facility having similar food handling operations specified under Type I establishment; (b) Medium Supplemental Facility having similar food handling operations specified under Type III or IV establishment; or (c) Low Supplemental Facility having similar food handling operations specified under. Type V establishment. Subd. 7. Temporary Food Establishment is defined in Minnesota Rules, Chapter 4626 and includes special event food stands as defined in Minnesota Statutes,. Chapter 157. Temporary Food Establishments are categorized as: (a) Complex Temporary Food Establishment having similar food handling operations specified under Type I and Type III establishments; or (b) Simple Temporary Food Establishment having similar food handling operations specified under Type IV and V establishments. Subd. 8. Farmers' Market Stands meaning those food establishments operating at farmers' markets and not exempt from licensing under Minnesota Statutes, Section 28A. Subd. 9. Vending Machines means devices dispensing unit servings of food that are either a food or beverage machine or a nut, gum ball, or unwrapped candy machine. 617.17. Exemptions or Exclusions. This section shall not include food service operations conducted in and for a house of worship when the food service is limited to preparation, service, or consumption by the members of the house of worship and not advertised to the public. 617.19. Additional Restrictions for Health and Safety. This section specifically adopts the following additional standards for health and safety to Minnesota Rules, Chapter 4626: Subdivision 1. Minnesota Rules, Chapter 4626.0225 PREVENTING CONTAMINATION FROM HANDS, D is amended to read as follows: Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if: (a) Written procedures are maintained in the food establishment and made available to the Health Authority upon request that include for each bare hand contact procedure, a listing of the specific ready-to-eat foods that are touched by bare hands. (b) A written employee health policy that details: (i) Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food; (ii) Documentation that food employees and conditional employees acknowledge their responsibilities; and (iii) Documentation that the person in charge acknowledges his/her responsibilities. (c) Documentation -that food employees acknowledge that they have received training according to Minnesota Rules, Chapter 4626 in: (i) The risks of contacting the specific ready-to-eat foods with bare hands; (ii) Proper handwashing including when and where to wash their hands; (iii) Proper fingernail maintenance; (iv) Prohibition of jewelry; and (v) Good hygienic practices. (d) Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees during all hours of operation when the specific ready-to-eat foods are prepared. (e) Documentation that food employees contacting ready-to-eat food with bare hands use two or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact: (i) Double handwashing, such as after using the bathroom and returning to work, handling raw meat products, or other high risk activities; (ii) A hand antiseptic after washing; (iii) Programs to encourage food employees not to work when they are ill; or (iv) Other control measures approved by the Health Authority. Subd. 2. Minnesota Rules, Chapter 4626.0410 TIME AS PUBLIC HEALTH CONTROL, subpart 2. Notification. The food establishment licensee must submit written notification to the Health Authority of his/her intention to use the procedures provided under this part and receive approval from the Health Authority prior to implementation of the provisions of this part. Subd. 3. Minnesota Rules, Chapter 4626.1050, A is amended to read as follows: A hand washing lavatory shall be equipped to provide water to the user through a mixing valve or combination faucet, at a temperature of at least 43 degrees C (110 degrees F), but not more than 54 degrees C (130 degrees F) in a food establishment and not more than 48 degrees C (120 degrees F), in a sink that is used by children such as at a school, day care, or preschool. Subd. 4. Minnesota Rules, Chapter 4626.1325, A is amended to read: Except as specified in item 2, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: (a) Smooth, durable and easily cleanable for areas where food establishment operations are conducted; (b) Closely woven and easily cleanable carpet where carpeting is permitted; and (c) Non-absorbent and resistant to the wear and abuse to which they are subjected. Materials such as, but not limited to, quarry tile, or ceramic the are approved for floors in food preparation areas, toilet rooms, hand washing areas, wait stations, kitchens, bars, walk-in refrigeration, ware washing areas, janitorial areas, laundry rooms, areas subject to flushing or spray cleaning methods, and other areas subject to moisture. Materials such as, but not limited to, ceramic the are .approved for walls subject to splash or moisture in food preparation areas, ware washing areas, toilet rooms, etc. Subd. 5. Minnesota Rules, Chapter 4626.1465 TOILET TISSUE, AVAILABILITY. A supply of toilet tissue in a mounted dispenser shall be available at each toilet. Subd. 6. A food establishment shall have in place and use a system of risk-based self-inspection. The self-inspection program shall include written policies, appropriate forms for logging self-inspections, and evidence that routine self-inspection of all aspects of the food establishment takes place. 617.21. Variances. Subdivision 1. Administrative Variance Request. Relief from the strict compliance with the requirements of section 617.19 and those parts of Minnesota Rules, Chapter 4626 hereof may be granted in the form of a variance. Variance requests shall not be considered from those specifically listed in Minnesota Rules, Chapter 4626.1690, subpart A. (1) through (7). The variance application must be from the party to whom the requirement applies and must be in writing and submitted to the Health Authority, including, at a minimum, the following information: (a) The full name, address, daytime and evening telephone numbers of the party requesting a variance; (b) The address of the licensed premises; '(c) The relationship of the party requesting a variance to the licensed premises; (d) The specific reasons why the requirements of City Code cannot be met; (e) A description of alternative measures that will be taken to ensure a comparable degree of protection to the health or the environment if a variance is granted; (f) Other relevant information the City determines necessary to properly evaluate the request for a variance. Subd. 2. Criteria for Variance. The Health Authority may grant a variance request upon making all of the following findings of fact in writing: (a) The variance was requested in the manner prescribed by this section of City Code; (b) Science-based evidence that the variance will have no potential adverse effect or impact on public health, safety or the environment; (c) The alternative measures to be taken, if any, are equivalent to or superior to those prescribed by this City Code; (d) Strict compliance with this section(s) of City Code will impose an undue burden on the applicant; (e) The variance does not vary a statutory standard or preempt federal law or rule; (f) The variance has only future effect; (g) The applicant agrees in writing to comply with all of the terms and conditions of the variance and understands that a violation thereof may invalidate the variance and may result in enforcement actions, and the imposition of penalties, including license suspension or revocation. Subd. 3. Conditional Variances. The Health Authority in granting a variance may attach any conditions that are deemed necessary to protect the public health, safety or the environment. It is the duty of the variance applicant to notify the Health Authority in writing within 30 days of any material change in the conditions upon which the variance was granted. Failure to comply with all of the stated conditions of the variance may invalidate the variance and may result in enforcement actions. Subd. 4. Notification of Decision. The Health Authority shall notify the applicant for a variance of its decision to grant or deny the variance in writing. If the variance is granted, the notice shall specify the period of time for which the variance remains in effect and the conditions, if any, attached to the variance. If the variance request is denied, reasons for the denial shall be set forth in the notice. Subd. 5. Renewal of Variance. For those variances granted with a specific expiration date, a request to renew that variance must be made at least 30 days prior to its expiration date on such forms as provided by the City, which shall include at a minimum the information set forth in original request. There is no continuing right to a variance unless specified in the variance approval. The Health Authority in granting a renewal request shall consider all of the criteria set forth in this Section. Subd. 6. Denial. Revocation or Refusal to Renew. The Health Authority shall deny, revoke or deny renewal of a variance where the criteria set forth in this section is not met. The variance applicant may appeal that decision in writing within thirty (30) days of the date of the written notice of denial, setting forth in detail the basis for the applicant's position that the variance criteria set forth in this section have been met and attaching all documentation in support thereof. A hearing shall be held within forty-five (45) calendar days, thereof, following the procedures set forth in subsection 325.20 of this City Code, as amended. Subd. 7. Emergency Recovery. Temporary variances may be granted to licensees to operate during and following natural or man-made disasters for the benefit of the public while maintaining the intent of City, state and federal regulations to protect the public's health. Temporary variances for emergency recovery may be both initiated by the licensee and approved by the Health Authority verbally. 617.23. Suspension or Revocation of a License. Subdivision 1. Temporary Suspension. The Health Authority, with the approval of the City Manager, shall immediately suspend the license of any food establishment for the violation of any terms of this section if such violations constitute an imminent public health hazard. Upon notification by the Health Authority of a temporary suspension of license, by posting of the report as set forth at the time of the inspection, the licensee shall forthwith cease operation. The licensee may appeal the temporary suspension in writing to the City Council. Upon notification in writing by the licensee to the Health Authority that all violations for which the temporary suspension was invoked have been corrected, the Health Authority shall reinspect the food establishment within two City business days or other , reasonable agreed upon 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 shall not suspend a license if the violation or violations constituting an imminent public hazard can be eliminated or removed immediately. Subd. 2. Suspension or Revocation. The City Council may suspend or revoke a license issued pursuant to this section for a violation of: (a) Fraud, misrepresentation, or false statement contained in a license application or a renewal application. (b) Fraud, misrepresentation, or false statement made in the course of carrying on the licensed occupation or business. (c) Any violation of this section or state law. (d) A licensee's criminal conviction that is directly related to the occupation or business licensed as defined by Minnesota Statutes, Section 364.03, subdivision 2, as amended, provided that the licensee cannot show competent evidence of sufficient rehabilitation and present fitness to perform the duties of the licensed occupation or business as defined by Minnesota Statutes, Section 364.03, subdivision 3, as amended. (e) Conducting the licensed business or occupation in an unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety, or general welfare of the community. Subd. 3. Notice and Hearing. A revocation or suspension by the City Council shall be preceded by written notice to the licensee and a hearing. The notice shall give at least eight (8) days' notice of the time and place of the hearing and shall state the nature of the charges .against the licensee. The notice shall be mailed by regular mail to the licensee at the most recent address listed on the license application. 617.25. Plan Review. Construction shall not commence on any new or remodeled food establishment or any existing structure converted to a food establishment until the Health Authority has reviewed and approved the plans and specifications. Those construction projects being expedited under the fast track building permit process, shall not have any equipment or floor, wall or ceiling finish materials installed until the Health Authority has reviewed and approved the plans and specifications. Subdivision 1. Submission of Plans. (a) Two complete sets of plans and specifications shall be submitted to the Health Authority for review. (b) One full set of plans approved by the Health Authority shall be maintained on site of the construction project. (c) All building, electrical, plumbing and HVAC plans as applicable must be submitted to the Building and Inspection Division and the Health Authority. Subd. 3. Plan Review Fees. Fees for plan review of new or remodeled food .establishments shall be those set by the City. If work has commenced prior to approval of construction or remodeling plans, additional fees may be assessed. Subd. 4. Additional Criteria for Food Establishments. (a) The plans and specifications for a food establishment shall include: (i) The intended menu; (ii) The anticipated volume of food to be stored, prepared, and sold or served; (iii) The proposed layout to-scale, mechanical schematics, construction materials, and finish schedules; (iv) The proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capabilities, and installation specifications; (iv) A complete set of elevations including drawings for all custom fabricated equipment; (v) A functional flow plan indicating how food will be handled; and (vi) Other information that may be required by the Health Authority for the proper review of the proposed construction, conversion, or modification. 617.27. Inspections. Subdivision 1. The Health Authority shall inspect each food establishment prior to issuing a license and as deemed necessary by the Health Authority. The Health Authority shall not issue a license until the food establishment complies with the standards of this section as demonstrated by a satisfactory inspection. Subd. 2. The Health Authority, after proper identification, shall have the right to enter and have access to the food establishment at any time during the conduct of business. Subd. 3. The Health Authority shall inspect each food establishment as frequently as necessary during construction, and prior to opening for service to the public, to ensure that construction and operations are in conformance with this section. Subd. 4. The Health Authority shall inspect each food establishment at a frequency no less often than State law requires. Subd. 5. The licensee, owner, or operator of a food establishment upon receipt of a health inspection report giving notice of violations of this section shall correct or remove each violation in the length of time determined by the Health Authority. Critical violations shall be complied with immediately or within 24 hours if not otherwise specified by the Health Authority. Failure to remove or correct each violation within the specified time period shall constitute a separate violation of this section. The Health Authority may issue orders to halt construction or remodeling, or to take corrective measures to ensure compliance with this section. Subd. 6. The person in charge of the food establishment shall make available and allow copying of any and all relevant records necessary to ascertain compliance with this section within a reasonable time period. 617.29. Grounds for Emergency Closure. If any of the following conditions exist, the operator or person in charge may be ordered to discontinue all operations of the food establishment until such time as the Health Authority confirms the correction of the violation: Subdivision 1. Failure to possess a license as required by section 617.07, as amended; Subd. 2. Evidence of a sewage backup in a food preparation, food storage, or utensil washing area; Subd. 3. Lack of potable, plumbed, hot or cold water to the extent that hand washing, food preparation, or toilet facilities are not operational; Subd. 4. Lack of electricity or gas service to the extent that hand washing, utensil washing, food preparation, ventilation, lighting, or toilet facilities are not operational; Subd. 5. Evidence of an ongoing illness associated with the operation of the food establishment; Subd. 6. Significant damage to the food establishment due to tornado; fire, flood, or other disaster; Subd. 7. Evidence of an extensive infestation of rodents or other vermin; Subd. 8. Evidence of cross contamination, filthy conditions, or poor personal hygiene to the extent of posing an imminent health risk; Subd. 9. Lack of an effective means of sanitizing dishes or utensils; Subd. 10. Misuse of poisons or toxic materials; or Subd. 11. The existence of any public health nuisance, as defined in Minnesota Statutes, Section 145A.02, Subdivision 17, as amended. 617.31. Severability. If any subsection, sentence, clause, or phrase of this section is for any reason held to be invalid, such decision does not affect the validity of the remaining portion of this section. The City Council hereby declares that it would have adopted the section in each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses, or phrases be declared invalid. 617.33 Penalty. A violation of this section .shall be a misdemeanor under Minnesota law. Civil penalties shall be subject to assessment pursuant to section 13.13 of the City Charter and section 325.30 of this City Code. However, nothing in this section shall be construed to limit the City's other available legal remedies for any violation of the law, including licensing sanctions, criminal, civil, and injunctive actions. In addition, violations or failure to pay civil fines may result in future license ineligibility. Sec. 3. This ordinance shall be effective as provided in section 3.09 of the Richfield City Charter. Adopted this 14th day of September, 2010. Debbie Goettel, ayor ATTEST: Nancy Gibbs, ty Clerk