HomeMy WebLinkAbout1531 - ADMIN Ordinance - City Council - 1981/12/07ORDINANCE NO. 1531
AN ORDINANCE AMENDING THE ST. LOUIS PARK MUNICIPAL
CODE RELATED TO FOOD PROCESSING, VENDING AND DISTRIBUTION:
AMENDING, ADDING AND REPEALING SECTIONS OF CHAPTER 13,
FART 8, "FOOD ESTABLISHMENTS" AND "FOOD VENDING MACHINES,"
SECTIONS 13-801 THROUGH 13-917
THE CITY OF ST. LOUIS PARK DOES ORDAIN:
1) Section 1. The St. Louis Park Municipal Code, Chapter 13,
is renumbered and repealed as follows:
Renumbered
13-801(5) to 13-801(6)
13-801(6) to 13-801(7)
13-801(7) to 13-801(8)
13-801(8) to 13-801(9)
13-801(9) to 13-801(10)
13-801(10) to 13-801(11)
13-801(11) to 13-801(12)
13-801(12) to 13-801(13)
13-801(13) to 13-801(14)
13-801(14) to 13-801(15)
13-801(15) to 13-801(16)
13-801(16) to 13-801(17)
13-801(18) to 13-801(19)
13-801(19) to 13-801(20)
13-801(20) to 13-801(21)
13-801(21) to 13-801(23)
13-801(22) to 13-801(24)
13-801(23) to 13-801(26)
13-801(24) to 13-801(27)
13-801(26) to 13-801(28)
13-801(27) to 13-801(29)
13-801(29) to 13-80.1(30)
13-813 to 13-812
13-814 to 13-813
13-817 to 13-816
13-819 to 13-818
13-837 to 13-828
13-838 to 13-829
13-839 to 13-830
ORIGINAL SECTION REPEALED;
REPLACEMENT ADDED
13-801 (17)
13-801 (25)
13-812
13-815
13-816
13-818
13-820
13-821
13-822
13-823
13-824
13-827
13-828
13-829
13-830
13-831
13-832
13-813
13-834
13-835
13-836
13-846
13-849
13-850
13-851
13-852
13-853
13-901
13-902
13-903
13-904
(continued next page)
13-840 to 13-831
13-841 to 13-833
13-842 to 13-834
13-843 to 13-835
13-844 to 13-836
13-845 to 13-837
13-847 to 13-839
13-848 to 13-840
13-854 to 13-823
13-855 to 13-846
13-856 to 13-847
13-857 to 13-848
13-858 to 13-849
13-859 to 13-850
13-910(2) to 13-910(26)
13-905
13-910(1)
13-910(3)
13-910(4)
13-912
13-914
13-915
13-916
13-917
SECTIONS ADDED
13-918
13-919
13-920
13-921
Sec. 2. Sections of the Code which -have been amended or
or added may be ascertained by the explanation printed in italics
following such section.
1
1
1
PART 8 - Food Establishments
Section 13-801. Definitions. The following definitions
shall apply in the interpretation and enforcement ot this
Ordinance and the following words and terms wherever they
occur in this ordinance are defined as follows:
(1) Adulterated shall mean the condition of a food it
it bears or contains any poisonous or deleterious
substance in a quantity which may render it
injurious to health; if it bears or contains any
added poisonous or deleterious substance for which
no safe tolerance has_ been- e-stablished by
regulation, or in excess of such tolerance if one
has been established; if it consists in whole or
in part of any filthy, putrid, or decomposed
substance or if it is otherwise unfit for human
consumption; if it has been processed, prepared,
packed, or held under insanitary conditions
whereby it may have become contaminated with
filth, or whereby it may have been rendered
injurious to health; if it is in whole or in part
the product of a diseased animal, or an animal
which has died otherwise than by slaughter; or if
its container is composed in whole or in part of
any poisonous or deleterious substance which may
render the contents injurious to health.
(Sec. 13-801(1) amended by Ord. 153Z, 12/7/81)
(2) Bakery Food Vehicle shall mean any food vehicle
used to transport bakery goods about the streets
of the City for the purpose of sale ot such goods
from door to door.
(3) Catering Food Vehicle shall mean any food vehicle
used to transport any food from its point ot
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.
(4)
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.
December 7, 1981 - 456 -
(5) Corrosion -Resistant Materials shall mean those
materials that maintain their original surface
characteristics under prolonged influence of the
food to be contacted, the normal use of cleaning
compounds and bactericidal solutions, and other
conditions -of -use environment.
(Sec. 13-801(5) added by Ord. 1531, 12/7/81)
(6) Employee shall mean any person who renders a
personal service, with or without compensation,
within a food establishment.
(7) Food shall mean any raw, cooked or processed
substance, beverage, or ingredient used or
intended for use in whole, or in part, for human
consumption. Th.. term "food" shall further
include, but not be limited to, ice and water.
(Former subsec. (5)8(6) renumbered (6)8(7) by Ord. 1531, 12/7/81)
(8) Food Contact Surfaces shall mean those surfaces of
the equipment and utensils with which food
normally comes into contact and those surfaces
from which food may drain, drip, or splash back
onto surfaces normally in contact with food.
(Former (7) renumbered (8) and amended by Ord. 1531, 12/7/81)
(9) Food Establishment shall mean any building, room,
stand, enclosure, vehicle, space, area, or other
place wherein food is stored, prepared,
manufactured, processed, wrapped, canned, packed,
bottled, transported, distributed, sold or offered
for sale or served in any way with or without
charge, except private homes.
(10) Food Vehicle shall mean any food establishment
consisting of a mobile vehicle which hauls any
food for the purpose of deliveryor sale.
(Former (8)8(9) renumbered (9)8(10) by Ord. 1531 12/7/81)
(11) Health Authority shall mean the health officials
duly appointed by the City Manager of the City of
St. Louis Park.
(Former (10) renumbered (11) and amended by Ord. 1531, 12/7/81)
(12) Home Prepared Food shall mean any food which has
been processed or prepared in a private home not
licensed under this ordinance.
December 7, 1981 - 457 -
(13) Itinerant Food Establishment shall mean a food
establishment operating for a temporary period,
including, but not limited to, a fair, carnival,
circus, church supper, or public exhibition.
(14) 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.
(15) Perishable Food shall mean food such as apples,
bananas, oranges, grapefruit, lettuce, carrots,
beans, radishes, onions, potatoes, and other foods
which will decompose in the absence of refrig-
eration. The enumeration herein of specific items
shall be for purposes of illustration, and shall
not be deemed to be a limitation upon the meaning
of the term illustrated thereby.
(16) Person shall mean any individual, tirm,
partnership, corporation, trustee, or association
and with respect to acts prohibited or required
herein, shall include employees and licensees.
(Former (11)-(15) renumbered (12)-(16) by Ord. 153Z, 12/7/81)
(17) Pre -Packaged Food shall mean clean, unadulterated,
wholesome food packaged in a substantial, clean
container or wrapper.
(Former (17) repealed; former (16) renumbered (17) by Ord. 1531, 12/7/81)
(18) Potentially Hazardous Food shall mean any food
that is readily perishable, including but not
limited to any food that consists in whole or in
part of milk or milk products, eggs, meat,
poultry, fish, mollusk, edible crustacea, or other
ingredients, including synthetic ingredients, in a
form capable of supporting rapid and progressive
growth of infectious or toxigenic microorganisms.
The term "potentially hazardous" shall be
synonimous to and interchangeable with the term
"Readily Perishable", and is used interchangeably
throughout this code.
((18) added by Ord. 1531, 12/7/81)
(19) Potentially Hazardous Food Vehicles shall mean any
food vehicle, except catering food vehicles and
bakery food vehicles, which is used to transport
potentially hazardous foods, as herein defined,
within or into the City of St. Louis Park for
delivery therein.
(Former (18) renwnbered (19) and amended by Ord. 1531, 12/7/81)
December 7, 1981 - 458 -
(20) Retail Candy Shop shall mean a food establishment
where unwrapped candy, not manufactured therein, --
is sold or offered for sale to the consumer.
(Former (19) renumbered (20) by Ord. 1531, 12/7/81)
(21) Packaged Snack Food Outlet shall mean a container,
counter, shelf or similar device from which
pre-packaged candy, potato chips, cookies,
pastries or similar pre-packaged snack foods are
sold or offered for sale. A packaged snack food
outlet does not include a device constituting a
vending machine or a device in a food
establishment licensed under this code. Provided,
that no person other than the holder ot a food
establishment license shall be permitted to
operate a packaged snack food outlet on the
licensed premises without a separate packaged
snack food outlet license.
(Sec. 13-801(20) amended by Ord. 1386, 9/19/77)
(Former (20) renumbered (21) by Ord. 1531, 12/7/81)
(22) Safe Materials shall mean articles manufactured
from or composed of materials that may not
reasonably be expected or result, directly or
indirectly, in their becoming a component or
otherwise affecting the characteristics ot any
food. If materials used are food additives or
color additives as defined in Section 201 (s) or
(t) of the Federal, Food, Drug, and Cosmetic Act
they are "safe" only if they are used in
conformity with regulations established pursuant
to Section 409 or Section 706 of the Act. Other
materials are "safe" only if, as used, they are
not food additives or color additives as defined
in Section 201 (s) or (t) of the Federal Food,
Drug, and Cosmetic Act and are used in conformity
with all applicable regulations of the Food and
Drug Administration.
((22) added by Ord. 1531, 12/7/81)
(23) Safe Water shall mean water which is not
adulterated and which is free from pathogens and
coliform organisms.
(Former (21) renumbered (23) by Ord. 1531, 12/7/81)
(24) Safe Water Supply shall mean a source of safe
water from either the municipal water system or a
source of water, the operation, location, and
construction of which have been approved by the
Minnesota State Board of Health.
(Former (22) renumbered (24) by Ord. 1531, 12/7/81)
December 7, 1981 - 459 -
r
(25) Sanitization shall mean bactericidal treatment by
a process approved by the Health Authority that
provides enough accumulative heat or concentration
of chemicals for sufficient time to destroy
microorganisms including pathogens while neither
injurious to utensils or equipment nor hazardous
to the health of the food consumer or the user of
the sanitizing agent.
(Former (25) repealed; new (25) added by Ord. 1531, 12/7/81)
(26) Siyle-Service Utensils shall mean all utensils
which are meant to be used only once and then
discarded.
(27) Smooth shall mean having an even surface free of
cracks, chips, open seams, rust, corrosion,
breaks, pits, checks, and ridges.
(Former (23)(24) renumbered (26)(27) byy Ord. 1531, 12/7/81)
(28) Utensils shall mean allkitchenware, tableware,
dishes, glassware, cutlery, pots, pans,
containers, implements, or other equipment with
which food comes in contact during storage,
cooking, preparation, display, or serving.
(29) Wholesome shall mean sound, healthful, clean
unadulterated, and in all ways fit for human food.
(30) ApEroved shall mean acceptable to the Health
Authority in conformance with appropriate
standards and good public health practice.
(Former (26)-(28) renumbered (28)(29)(30) by Ord. 1531, 12/7/81)
(31) Packaged •Food Establishment shall mean a food
establishment such as a grocery store where
pre-packaged food is sold or offered for sale
(Sec. 13-801(29) added by Ord. 1386, 9/19/77)
(Subsec. (29) renyinbered (31) by Ord. 1531, 12/7/81)
Section 13-802. Licenses Required. No person shall operate
a food establishment or engage in the business of operating
a food establishment within the corporate limits of the City
of St. Louis Park, unless a license of the type applicable
described herein shall have been obtained therefor pursuant
to this ordinance, from the City Manager authorizing him to
do so.
(1) Catering Food Vehicle License. No person shall
operate or engage in the business of operating a
catering food vehicle within the corporate limits
of the City of St. Louis Park unless a license
December 7, 1981 - 460 -
shall have been obtained therefor from the City
Manager.
(2) Bakery Food Vehicle License. No person shall
operate or engage in the business of operating a
bakery food vehicle selling bakery goods directly
to the consumer within the corporate limits of the
City of St. Louis Park unless a license shall have
been obtained therefor from the City Manager.
(3) Potentially Hazardous Food Vehicle License -
General. No person shall operate or engage in the
business of operating a potentially hazardous food
vehicle within the corporate limits of the City of
St. Louis Park unless a license shall have been
obtained therefor from the City Manager.
((3) amended by Ord. 1531, 12/7/81)
(4) Potentially Hazardous Food Vehicles - Fleet
License. A person operating or engaging in the
business of operating more than one potentially
hazardous food vehicle may instead of licensing
each vehicle under Section 13-802(3) obtain a
single license for all vehicles operated as a
fleet of vehicles from one location. Such license
for the entire fleet may be revoked if any vehicle
operated in the City of St. Louis Park fails to
meet the standards required by this ordinance.
((4) amended by Ord. 1531, 12/7/81)
(5) Retail Candy Shop License. No person shall
operate or engage in the business of operating a
retail candy shop within the corporate limits of
the City of St. Louis Park unless a license shall
have been obtained therefor from the City Manager.
(6) Packaged Snack Food Outlet License (single
location or business). No person shall operate or
engage in the business of operating a packaged
snack food outlet within the corporate limits of
the City of St. Louis Park unless a license shall
have been obtained therefor from the City Manager,
nor shall any owner or lessor of property permit
an unlicensed packaged snack food outlet to be
maintained on the premises.
(Sc'. 13-802(6) amends d by Ord. 1386, 9/19/77)
December 7, 1981 - 461 -
(7) Itinerant Food Establshment License. No person
shall operate or engage in the business of
operating an itinerant food establishment unless a
license shall have been obtained therefor from the
City Manager.
(8) Food Establishment License. No person shall
operate or engage in the business of operating a
food establishment within the corporate limits of
the City of St. Louis Park unless a license shall
have been obtained therefor from the City Manager,
provided, however, that licenses of catering food
vehicles, bakery catering food vehicles,
potentially hazardous food vehicles, retail candy
outlet, retail candy shop, or itinerant food
establishments shall be required to obtain only
the type of license hereinbefore specified.
((8) amended by Ord. 1531, 12/7/81)
(9) Packaged Food Establishment. No person shall
operate or engage in the business of operating a
packaged food establishment within the corporate
limits of the City of St. Louis Park unless a
license shall have been obtained therefor from the
City Manager.
((9) added by Ord. 1386, 9/19/77)
(10) Display of License. Such license shall be
conspicuously displayed at all times in all
licensed food establishments. All food vehicles
shall be identified with a decal license plate, or
other means suppled by the City Manager, displayed
in a conspicuous place thereon designated by the
City Manager.
((10) renumbered by Ord. 1386, 9/19/77)
(11) Fee Exemptions, License Required. Food services
in governmental subdivisions, charitable
institutions, houses of worship, and schools,
shall be required to apply for and obtain a
license, but shall not be charged a fee therefor,
but shall be subject to all other requirements of
this ordinance.
((71) amended by Ord. 7386, 9/19/77)
December 7, 1981 - 462 -
(12) No License Required. Persons owning or operating
vehicles hauling only milk licensed under the St. -
Louis Park Ordinance Code, and other food vehicles
for which a license is not required by this
ordinance, and employee coffee shops, shall not be
required to apply for and obtain a license, but
shall be subject to all other requirements of this
ordinance.
((12) amended by Ord. 1386, 9/19/77)
Section 13-803. License Fees. Fees for licenses issued
hereunder shall be set forth herein.
(1) Food Establishment License Fees. The annual
license fee for each food establishment, except
catering food ve&i..les, bakery food vehicles,
packaged food establishments, potentially
hazardous food vehicle, packaged snack food
outlet, and retail candy shops, shall be $180
provided, however, that if more than one facility,
such as, but not limited to, kitchen, bar, bakery,
meat market, grocery store, delicatessen, which
would require food establishment licenses if
operated separately, shall be located on the same
premises, the license fee shall be an additional
$30.00 for each such facility in addition to the
$180.00 for the first such facility.
((1) amended by Ord. 1386, 9/19/77; and Ord. 1488, 11/17/80; and
Ord. 1531, 12/7/81)
(2) Packaged Food Establishments. The annual license
fee for each packaged food establishment shall be
$72.
(3) Itinerant Food Establishments. The license fee
for each itinerant food establishment shall be $72.
(4) Retail Candy Shop License. The annual license tee
for each retail candy shop shall be $72 provided,
further that if the candy shop is operated in
conjunction with another facility, as provided in
Section 13-803(1), the retail candy shop shall be
an extra facility and a charge of $24 be added to
the basic cost of the food establishment license.
(5) Packaged Snack Food Outlet License Fee. The
annual license fee shall be as follows:
December 7, 1981 - 463 -
(a) For a single location, the annual license tee
shall be $24 provided further if the single
location is operated in conjunction with
another facility requring a license and fee
under this ordinance, the single location
shall not be required to obtain a license.
(b) For a business operating more than one
packaged food outlet, the annual license fee
shall be $240 for the entire business.
(Sec. 13-803(5) amended by Ord. 1386, 9/19/77)
(Subsections (2)-(5) amended by Ord. 1488, 11/17/80)
(6) Potentially Hazardous Food Vehicles. The annual
license fee for each potentially hazardous food
vehicle shall be $36 per vehicle for such vehicles
not licensed under Section 13-803(7), fleet
vehicles.
((6) amended by Ord. 1488, 11/17/80; and Ord. 1531, 12/7/81)
(7) Potentially Hazardous Food Vehicles - Fleet
License. The annual license tee for a fleet of
one or more potentially hazardous food vehicles
shall be $120.
((7) amended by Ord. 1488, 11/17/80; and Ord. 1531, 12/7/81)
(8) Bakery Food Vehicle License Fee. The annual
license fee for each bakery food vehicle shall be
$36 per bakery food vehicle.
(9) Catering Food Vehicle License Fee. The annual
license fee for catering food vehicles shall be
$120 for each vehicle owned or operated by the
licensee in the City of St. Louis Park.
((9) added by Ord. 1386, 12/20/76)
((8) & (9) amended by Ord. 1488, 11/17/80)
Section 13-804. Application, Issuance, Maintenance, and
Administration. The application for such licenses shall be
made on forms furnished by the City Manager and shall set
forth the general nature of the business, the location, and
such other information as the City Manager shall require,
and such application and issuance of such licenses and their
maintenance, termination, and administration shall be in
December 7, 1981 - 464 -
accordance with and subject to all conditions of Section
13-101 through Section 13-117, both inclusive of the St. "
Louis Park Ordinance Code relative to general requirements
for issuance of licenses of the City of St. Louis Park.
Section 13-805. Inspections Outside the Corporate Limits of
the City of St. Louis Park. The Health Authority may
inspect food establishments situated outside the corporate
limits of the City of St. Louis Park which sell or offer for
sale, or distribute any food to persons licensed under this
ordinance by the City of St. Louis Park. The fees for such
inspections shall be equal to the total of the actual cost
of salary paid the Health Authority by the City ot St. Louis
Park 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 ot
22 cents per mile actually traveled from the City Hall or
last place of inspection, whichever is less, and returning
to the Inspections Department at the St. Louis Park City
Hall. The City Health Authority shall report cost of such
inspections to the Director ot Finance who shall render
statements for such inspection costs to the licensee who
obtains food from such source outside the City limits and
the licensee shall within ten days pay the amount claimed in
the statement to the City of St. Louis Park. Such
inspections shall not be made unless authorized by the City
Manager. In lieu of making inspections beyond the corporate
limits of St. Louis Park, the Health Authority may accept
the reports of other governmental food inspection agencies.
(Sec. 13-805 amended by Ord. 1531, 12/7/81)
Section 13-806. 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.
Section 13-807. Posting. Each inspection report shall be
posted by the Health Authority upon an inside wall of the
food establishment, not in a public area, and such
inspection report shall not be defaced or removed by any
person, except the Health Authority. The posting of the
inspection report upon the inside wall of the food
establishment shall constitute service of an official
notification of the inspection by the Health Authority. The
Health Authority may, in lieu of posting such report,
deliver it to the licensee or his authorized agent or send
it by U.S. Mail. Another copy of the inspection report
shall be filed with the records of the Inspections
Department.
([7-e. 13-807 amen(lcd 1>1j Ord. 1531, 12/7/81)
December 7, 1981 - 465 -
Section 13-808. Access to Premises and Records. The person
operating the food establishment shall, upon request of the
Health Authority, permit access to all parts of the ,
establishment at any reasonable time for purpose of
inspection and shall exhibit and allow copying of any
records necessary to ascertain sources of foods.
Section 13-809. Removal and Correction of Violation. All
licensees, owners, or operators of food establishments
having a report posted in the food establishment giving
notification of one or more violations of this ordinance
shall correct or remove each violation in a reasonable
length of time determined by the Health Authority. The
length of time for the correction or removal of each such
violation shall be noted on the inspection report. The
failure to remove or correct each such violation within the
time period noted on the inspection report shall constitute
a separate violation of this ordinance.
Section 13-810. 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 and
after inspection of such utensils and equipment by the
Health Authority. The Health Authority may condemn ana
forbid the sale of, or cause to be removed or destroyed, any
food which is unwholesome or adulterated, unfit tor human
consumption, or otherwise prohibited by the city ordinance
or state or federal law. The Health Authority may condemn
and cause to be removed any equipment, clothing or utensils
found in a food establishment, the use of which would not
comply with this ordinance, or which is being used in
violation of this ordinance; and also may condemn and cause
to be removed any equipment, clothing or utensils which by
reason of dirt, filth, extraneous matter, insects,
corrosion, open seams, or chipped or cracked surfaces is
unfit for use. The Health Authority may place a tag to
indicate the embargo or the condemnation upon such food,
equipment, utensils, or clothing. No person shall remove
such tag, except under the direction of the Health Authority.
Section 13-811. Transport or Sale, Unhealthful Food
Prohibited. No person shall transport within or into the
City of St. Louis Park, sell or offer for sale or hold in
attempt to sell in the City of St. Louis Park any food which
is not wholesome or which is adulterated.
December 7, 1981 - 466 -
Section 13-812. Itinerant Food Establishments. Itinerant
food establishments shall compy with all the applicable
provisions of this ordinance, and shall be constructed and
operated in an approved manner, provided, that specific
requirements for physical facilities may be waived by the
Health Authority when suitable substitutes, which, in his
opinion, will not result in an imminent health hazard, have
been provided. Before commencing operations of any kind,
the licensee hereunder shall notify the Health Authority
that such food establishment is ready for final inspection,
and the Health Authority shall immediately make an
inspection and issue a report thereon, and no itinerant food
establishment shall commence operations until the
requirements of this ordinance have been met in accordance
with the Health Authority's final inspection reports.
(Sec. 13-812 repealed; 13-813 renumbered 812 by Ord. 1531, 12/7/81)
Section 13-813. Sources of Food - General. All food in all
food establishments shall be clean, wholesome, tree from
spoilage, adulteration, and misbranding, and shall be
prepared, processed, handled, packaged, transported, and
stored so as to be protected from contamination and spoilage
and shall be safe for human consumption. No home prepared
food shall be kept or used in any food establishment; except
that
(1) pot luck dinner and similar type gatherings,
wherein the food is consumed by that group and not
sold, may use home prepared foods including
potentially hazardous food;
(2) bake sales for any charitable purpose, wherein the
food is consumed by that group and not sold, may
use home prepared foods including potentially
hazardous food;
(3) school pupils may use home prepared foods other
than potentially hazardous food.
All food received or used in all food establishments shall
be from sources approved by the health authority.
(Sec. 13-814 amended by Ord. 1357, 1/3/77)
(Sec. 13-814 renumbered 813 and amended by Ord. 1531, 12/7/81)
Section 13-814. Source of Dairy Products. Milk and fluid
milk products used or served shall be pasteurized and shall
meet the Grade A quality standards as established by law.
Fluid milk and fluid milk products shall be served to the
consumer in the individual, unopened, original containers in
which they,were received from the distributor or served from
a bulk container equipped with a sanitary dispensing
December 7, 1981 - 467 -
1
device. Milk containers which are served to the consumer
shall not be larger than one pint. Where a bulk dispenser
for milk and milk products is not available and portions of
less than 1/2 pint are required for mixed drinks, cereal, or
dessert service, milk and milk products may be poured from a
commercially filled container of not more than 1/2 gallon
capacity. Nondairy creaming or whitening agents shall be
provided in an individual service container or drawn from a
refrigerated dispenser designed for such service. Dry milk,
dry milk products, and nondairy product substitutes may be
used for cooking, baking, manufacturing and processing
purposes only.
Milk may be served to the consumer within institutional food
services such as day care centers, boarding and lodging
houses, and children's camps, from commercially filled milk
containers of not more than one gallon capacity into the
drinking vessel. Provided that this section shall not apply
to manufacturing or processing food establishments which
make no sales at retail nor direct sales to consumers.
(Sec. 13-814 added by Ord. 1531, 12/7/81)
Section 13-815. Source of Shellfish. Fresh and frozen
shucked shellfish (oysters, clams, or mussels) shall be
packed in nonreturnable packages identified with the name
and address of the original shell stock processor,
shucker-packer, or repacker, and the interstate
certification number issued according to law. Shell stock
and shucked shellfish shall be kept in the container in
which the:- were received until they are used. Each
container of unshucked shell stock (oysters, clams, or
mussels) shall be identified by an attached tag that states
the name and address of the original shell stock processor,
the kind and quality of shell stock, and an interstate
certification number issued by the State or foreign
shellfish control agency.
(Sec. 13-815 repealed; new 13-815 added by Ord. 1531, 12/7/81)
Section 13-816. Source of Meat. All meat and meat products
received, kept, or used in any manner in any food
establishment shall be officially identified as having been
inspected for wholesomeness under the supervision of a
licensed veterinarian, and any such products upon which any
such official identification is lost by reason of the
processing thereof shall be identified by the name and
location of the processor thereon.
(Sec. 13-816 repealed; 13-817 renumbered 816 by Ord. 1531, 12/7/81)
Section 13-817. Source of Poultry. All poultry and poultry
meat products shall be clean, wholesome, free from spoilage
and adulteration and shall be processed in a food
December 7, 1981 - 468 -
establishment meeting the requirements established by law.
Only clean whole eggs, with shell intact and without cracks
or checks, or pasteurized liquid, frozen, or dry eggs or
pasteurized dry egg products shall be used, except that
hard-boiled, peeled eggs, commercially prepared and packaged
may be used. Provided that liquid, frozen, dry eggs and egg
products may be used for cooking, baking, manufacturing and
processing purposes only.
(New Sec. 13-817 added by Ord. 1531, 12/7/81)
Section 13-818. Source of Frozen Dairy Foods. All frozen
dairy foods, such as, but not limited to, ice cream, frozen
custards, ice milk, milk sherbet, fruit or ice sherbet,
yogurt and frozen malted milk, shall meet applicable state
laws, rules and regulations.
(Sec. 13-818 repealed; Sec. 13-819 renumbered 818 and amended by Ord. 1531, 12/7/81)
Section 13-819. Source of Equipment Lubricants. Only food
grade lubricants of a safe material shall be used on
equipment designed to receive lubrication of bearings and
gears on or within food -contact surfaces.
(New Sec. 13-819 added by Ord. 1531, 12/7/81)
Section 13-820. Food Protection - General.
(1) Food shall be protected from potential ,
contamination including dust, insects, rodents,
and other vermin; unclean equipment, work
surfaces, utensils and facilities; unnecessary or
improper handling; coughs and sneezes; flooding,
drainage and overhead leakage or drippage from
sewer and water lines and utensils or equipment
which have not been given bactericidal treatment.
Adequate and approved protection of all food shall
be provided after delivery and while being stored,
prepared, displayed, served, or sold in food
establishments or transported between such
establishments.
(2) Emergency Occurences. In the event of fire,
flood, power outage, or similar event that might
result in the contamination of food, or that might
prevent potentially hazardous food from being held
at required temperatures, the licensee shall
immediately contact the Health Authority. Upon
receiving notice of this occurrence, the Health
December 7, 1981 - 469 -
1
Authority may take whatever action that it deems
necessary to protect the public health.
(3) Temperature Maintenance.
a. The internal temperature of all potentially
hazardous foods shall be maintained at 40
degrees F (4 degrees C) or below, or 150
degrees F (66 degrees C) or above, except
during preparation. Potentially hazardous
foods requiring refrigeration after
preparation shall be rapidly cooled to an
internal temperature of 40 degrees F (4
degrees C) or below within four hours after
removal from the heating or hot holding
device. Potentially hazardous frozen foods
shall be stored at an internal temperature of
0 degrees F (-18 degrees C) or below.
b. Adequate, properly designed and conveniently
located mechanical refrigeration or hot food
storage facilities shall be provided to
ensure the maintenance of potentially
hazardous food at required temperatures.
Each facility shall be provided with
numerically scaled temperature indicating
devices accurate to + or - 3 degrees F (+ or
- 2 degrees C) located to measure the air
temperature in the warmest part of the
refrigeration facility or coldest part of the
hot holding facility. Temperature indicating
devices shall be securely fastened and
located to be easily readable. Where it is
impractical to install fixed temperature
indicating devices on equipment such as, but
not limited to, cold table tops, steam
tables, processing lines, kettles, heat
lamps, or portable transport carriers, a
metal stem -type product thermometer, accurate
to + or - 3 d'3rees F (+ or - 2 degrees CO
shall be maintained and used to check
internal food temperatures.
Further, metal stem -type, numerically
scaled thermometers, accurate to + or - 2
degrees F shall be provided and used to
assume attainment and maintenance of proper
internal cooking, holding or refrigeration
temperatures of all potentially hazardous
foods and as a check thermometer for cooking
and heating equipment.
December 7, 1981 - 470 -
c. Potentially hazardous foods shall be thawed
in a manner approved by the Health Authority.
d. Rare roast beef shall be cooked at an
internal temperature greater than or equal to
130 degrees F (54 degrees C) for a period of
time sufficient to destroy infectious and
toxigenic microorganisms and held at an
internal temperature greater than or equal to
130 degrees F (54 degrees C) until served.
e. Potentially hazardous foods that have been
cooked and then refrigerated, shall be
reheated rapidly to 165 degrees F (74 degrees
C) or higher throughout before being served
or before being placed in a hot food storage
facility. Steam tables, bainmaries, warmers,
and similar hot food holding facilities are
prohibited for the rapid reheating of
potentially hazardous foods.
(Sec. 13-820 repealed; New 13-820 added by Ord. 1531, 12/7/81)
Section 13-821. Preparation and Service - General.
(1)
Food shall be prepared or processed with the least
possible manual contact and in such a manner as to
prevent cross -contamination of products. Suitable
utensils or equipment shall be used which prior to
use have been cleaned, rinsed and sanitized to
prevent cross -contamination. Raw fruits and
vegetables shall be thoroughly washed with potable
water before being cooked or served. Food once
served to a consumer shall not be served again
except that packaged food other than potentially
hazardous food that is still packaged and in sound
condition may be re -served. All persons shall
handle soiled equipment or utensils in a manner
that minimizes contamination of their hands.
Mollusks and crustacea, if served on the shell,
must be served in the original shell. Re -use of
such shells for food service is prohibited.
(2) Condiment Dispensing.
a. Condiments, seasonings and dressings for
_self-service use shall be provided in
individual packages, from dispensers, or from
approved containers.
December 7, 1981 - 471 -
1
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1
b. Condiments provided for table or counter
service shall be individually portioned,
except that catsup and other sauces may be
served in the original container or pour -type
dispenser. Sugar for consumer use shall be
provided in individual packages or in pour
type dispensers.
(3) Ice Dispensing. Ice for consumer use shall be
dispensed only by employees with scoops, tongs, or
other ice -dispensing utensils or through automatic
self-service, ice -dispensing equipment.
Ice -dispensing utensils shall be stored on a clean
surface or in the ice with the dispensing
utensil's handle extended out of the ice. Between
uses, ice transfer receptacles shall be stored in
a way that protects them from contamination. Ice
storage bins shall be drained through an air gap.
Following the passage of this ordinance, all
new ice -dispensing equipment installed which is to
be located in all uncontrolled public areas, such
as motel and hotel hallways, where the consumer
dispenses the ice, shall be automatic self-service
ice dispensers.
(4) Dispensing Utensils. To avoid unnecessary manual
contact with food, suitable dispensing utensils or
equipment shall be used by employees or provided
to consumers who serve themselves. Between uses
during service, dispensing utensils shall be:
a. Stored in the food with the dispensing
utensil handle extended out of the food; or
b. Stored clean and dry; or
c. Stored in a running water dipper well.
(5) Display Equ pment. Food on display shall be
protected from consumer contamination by the use
of packaging or by the use of easily cleanable
counter, serving line or salad bar food shields,
display cases, or by other effective means.
Adequate and sufficient hot or cold food
facilities shall be available to maintain the
required temperature of potentially hazardous food
on display.
December 7, 1981 - 472 -
(6) Re -Use of Tableware. Re -use of soiled tableware -
by self-service consumers returning to the service
area for additional food is prohibited. Beverage
cups and glasses are exempt from this requirement.
(7) Food Transportation. The requirements of
temperature, storage, display, and tor 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) Storage.
a. Food, whether raw or prepared, if removed
from the container or package in which it was
obtained, shall be stored in a clean covered
container except during necessary periods of
preparation or service. Container covers
shall be impervious and nonabsorbent, except
that clean linens or napkins may be used for
lining or covering bread or roll serving
containers. Solid cuts of meat shall be
protected by being covered in storage, except
that sides, quarters or primal cuts of meat
may be hung uncovered on clean hooks if no
food product is stored beneath the meat.
b. Containers of food shall be stored a minimum
of six inches above the floor in a manner
that protects the food from splash and other
contamination, and that permits easy cleaning
of the storage area. Containers may be
stored on dollies; provided such equipment is
easily movable for cleaning. Pallets may be
used in food warehouse operations, grocery
stores and similar food operations designed
for constant rotation of the pallets and
floor cleaning.
c. Food and containers of food shall not be
stored under exposed or unprotected sewer
lines or similar sources of potential
contamination. The storage of food in toilet
rooms or vestibules is prohibited.
d. Food not subject to further washing or
cooking before serving shall be stored in a
way that protects it against
December 7, 1981 - 473 -
1
1
cross -contamination from food requiring
washing or cooking.
e. Packaged food shall not be stored in contact
with water or undrained ice. Wrapped
sandwiches shall not be stored in direct
contact with ice.
f. Bulk foods such as, but not limited to,
cooking oil, legumes, tubers, grains, syrup,
salt, sugar or flour and related derivative
products not stored in the product container
or package in which it was obtained, shall be
stored in a container identifying the food by
common name.
(Sec. 13-827 repealed; New 13-821 added by Ord. 1531, 12/7/81)
Section 13-822. Poisonous or Toxic Materials.
(1) Materials permitted. There shall be present in
food service establishments only those poisonous
or toxic materials necessary for maintaining the
establishment, cleaning and sanitizing equipment
and utensils, and controlling insects and rodents.
(2) Labeling of materials. Containers of poisonous or
toxic materials shall be prominently and
distinctly labeled according to law for easy
identification of contents.
(3) Storage of materials.
a. Poisonous or toxic materials consist of the
following categories:
i. Insecticides and rodenticides;
11. Detergents, sanitizers, and related
cleaning or drying agents;
iii. Caustics, acids, polishes, and other
chemicals.
b. Each of the three categories set forth in
paragraph (a) of this section shall be stored
and physically located separate from each
other. All poisonous or toxic materials
shall be stored in cabinets or in similar
physically separate place used for no other
purpose. To preclude contamination,
poisonous or toxic materials shall not be
December 7, 1981 - 474 -
stored above food, food equipment, utensils
or single -service articles, except that this
requirement does not prohibit the convenient
availability of detergents or sanitizers at
utensil or dishwashing stations.
(4) Use of materials.
a. Bactericides, cleaning compounds or other
compounds intended for use on food -contact
surfaces shall not be used in a way that
leaves a toxic residue on such surfaces or
that constitutes a hazard to employees or
other persons.
b. Poisonous or toxic materials shall not be
used in a w.y that contaminates food,
equipment, or utensils, nor in any way that
constitutes a hazard to employees or other
persons, nor in a way other than in full
compliance with the manufacturer's labeling.
(5) Personal medications. Personal medications shall
not be stored in utensil and equipment storage and
food storage, preparation or service areas.
(6) First-aid supplies. First-aid supplies shall be
stored in a way that prevents them from
contaminating food and food -contact surfaces.
(Sec. 13-822 repealed; New 13-822 added by Ord. 1531, 12/7/81)
Section 13-823. 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:
(1) The immediate exclusion of such person from all
food establishments.
(2) The transfer of the services of such person to an
area of the food establishment where there would
be no danger of transmitting disease.
The requirement of adequate medical examinations
of such persons and their associates, with such
laboratory examinations as may be indicated.
(4) The immediate closing of the food establishment
until no further danger of disease outbreak exists
in the opinion of the Health Authority, and the
City Manager.
(Sec. 13-823 repealed; Sec. 13-854 renumbered 13-823 by Ord. 1531, 12/7/81)
December 7, 1981 - 475 -
(3)
1
Section 13-824. Personnel Cleanliness and Practices. All
persons working in any food establishment shall maintain a
high degree of personal cleanliness and shall conform to
good hygienic practices by meeting the following '
requirements:
(1) Personal Cleanliness. Employees shall thoroughly
wash their hands and the exposed portions of their
arms with soap and warm water before starting
work, during work as often as is necessary to keep
them clean, and after smoking, eating, drinking,
or using the toilet. Employees shall keep their
fingernails clean and trimmed.
(2) Clothing.
a. The outer clothing of all employees shall be
clean. Smocks, coats, aprons or other such
apparrel shall be worn over street clothiny
unless changes of clothing are made at the
food establishment.
b. Employees shall use effective hair restraints
to prevent the contamination of food or
food -contact surfaces.
(3) Employee Practices.
a. Employees shall consume food only in
designated dining areas. An employee dining
area shall not be so designated it consuming
food there may result in contamination of
other food, equipment, utensils, or other
items needing protection.
b. Employees shall not use tobacco in any form
while engaged in food preparation or service,
nor while in areas used for equipment or
utensil washing or for food preparation.
Employees shall use tobacco only in
designated areas. An employee tobacco -use
area shall not be designated for that purpose
if the use of tobacco there may result in
contamination of food, equipment, utensils,
or other items needing protection.
c. Employees shall handle soiled tableware in a
way that minimizes contamination of their
hands.
December 7, 1981 - 476 -
d. Employees shall maintain a high degree of
personal cleanliness and shall conform to
good hygienic practices during all working
periods in the food service establishment.
(Sec. 13-824 repealed; New Sec. 13-824 added by Ord. 1531, 12/7/81)
Section 13-825. Required Equipment. Every food
establishment shall be provided with equipment, applicable
to the operation therein conducted, which is so designed,
constructed, installed, located, and maintained as to permit
full compliance with the provisions of this ordinance.
Section 13-826. Sanitary Design, Construction and
Installation of Equipment and Utensils.
(1) All new, existing and replacement equipment and
utensils shall be of such material, workmanship,
and design as to be smooth; made of sate materials
and of erosion -resistant materials; easily
cleanable; resistant to wear, denting, buckling,
pitting, chipping, and razing; and capable ot
withstanding scrubbing, scouring, repeated
corrosive action of cleaning compounds, and other
normal conditions and operations. Food contact
surfaces shall be non-toxic. Food contact
surfaces and surfaces which come in contact with
food debris shall be readily accessible for
cleaning and inspection. Used equipment which has
met or exceeded the requirements of the National
Sanitation Foundation under earlier standards may
be installed when such equipment is in good repair
and does not constitute a health hazard as
determined by the Health Authority.
(2) 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
and installed to minimize the potential of
cross -contamination ot food.
All equipment shall be located and installed
in such a manner as to ensure a flow pattern of
food from the time of delivery through preparation
and service which minimizes the potential for
cross -contamination and improper handling of the
food. Lavatories, chef sinks, utility sinks,
refrigeration equipment, hot food handling
equipment, preparation and processing tables shall
be provided and maintained and shall be convenient
December 7, 1981 - 477 -
1
i
(3)
and adequate as approved by the Health Authority
for the purpose for which they were designed.
Equipment shall not be located under exposed or
unprotected sewer or water lines, open stairwells,
or other sources of contamination. This
requirement does not apply to automatic fire
protection sprinkler heads that may be required by
law.
Aisles and working spaces between units of
equipment and walls shall be unobstructed and of
sufficient width to permit employees to perform
their duties readily without contamination ot food
or food -contact surfaces by clothing or personal
contact. All easily movable storage equipment
such as pallets, racks and dollies shall be
positioned to provide accessibility to working
areas.
All equipment installed on or atter the passage ot
this ordinance shall comply with the National
Sanitation Foundation Standards dated September
1978 when applicable, which standards are hereby
adopted and incorporated herein by reference and
three marked official copies of said standards
shall be kept on file by the City Clerk.
Equipment not covered by such standards shall not
be installed before it has been approved by the
Health Authority.
(4) Single -service utensils shall have been
manufactured, packaged, transported, stored,
handled and dispensed in a sanitary manner, and
not reused.
(Sec. 73-82G amended by Ord. 1531, 12/7/81)
Section 13-827. Cleaning, Sanitization and Storage ot
Equipment and Utensils.
(1) General. All utensils and equipment shall be
thoroughly cleaned, and food contact surfaces ot
utensils and equipment shall be given sanitization
treatment and shall be stored in such a manner as
to be protected from contamination.
(2) Cleaning Frequency.
(a) Tableware shall be washed, rinsed, and
sanitized atter each use.
.December 7, 1981 - 478 -
(b) To prevent cross -contamination, kitchenware
and food -contact surfaces of equipment shall
be washed, rinsed, and sanitized after each
use and following any interruption of
operations during which time contamination
may have occurred.
(c) Where equipment and utensils are used for the
preparation of foods on a continuous or
production -line basis, utensils and
food -contact surfaces of equipment shall be
washed, rinsed, and sanitized at intervals
throughout the day and on a schedule based on
food temperature, type of food, and amount of
food particle accumulation as approved by the
Heath Authority.
(d) The food -contact surfaces of kettles, grills,
griddles, and similar cooking devices and the
cavities and door seals of microwave ovens
shall be cleaned at least once a day; except
that this shall not apply to hot oil cooking
equipment and hot oil filtering systems. The
food -contact surfaces of all cooking
equipment shall be kept free of encrusted
grease deposits and other accumulated soil.
(e) Non -food -contact surfaces of equipment shall
be cleaned as often as is necessary to keep
the equipment free of accumulation of dust,
dirt, food particles, and other debris.
(3) 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 sanitized provided,
however, such utensils and equipment must be clean.
(4) Wiping Cloths. Cloths used for wiping food spills
on tableware, such as plates or bowls being served
to the consumer, shall be clean, dry and used for
no other purposes. Moist cloths used for wiping
food spills on kitchenware and food -contact
surfaces of equipment shall be clean and rinsed
frequently in an approved sanitizing solution.
These cloths shall be stored in sanitizing
solution between uses.
December 7, 1981 479 -
1
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(5) Mechanical Cleaning and Sanitizing.
(a) Cleaning and sanitizing shall be done by
spray -type or immersion utensil washing
machines or by any other type of machine or
device if it is demonstrated that it
thoroughly cleans, sanitizes equipment and
utensils, and meets the requirements set
forth in the National Sanitation Foundation
Standards dated September 1978. Any machine
which predates the above -referenced and
adopted National Sanitation Foundation
Standards shall meet the requirements of the
National Sanitation Foundation tor the
particular machine at the time it was
manufactured. These machines and devices
shall be properly installed, and maintained
in good repair. Machines and devices shall
be operated in accordance with manufacturers'
instructions, and utensils and equipment
placed in the machine shall be exposed to all
washing cycles. Automatic detergent
dispensers, wetting agent dispensers, and
liquid sanitizer injectors shall be properly
installed and maintained.
(b) Drainboards shall be provided and be of
adequate size for the proper handling of
soiled utensils prior to washing and of
cleaned utensils following sanitization and
shall be so located and constructed as not to
interfere with the proper use of the
dishwashing facilities. This does not
preclude the use of easily movable dish
tables for the storage of soiled utensils or
the use of easily movable dish tables for the
storage of cleansed utensils following
sanitization.
(c) Equipment and utensils shall be flushed or
scraped and, when necessary, soaked to remove
gross food particles and soil prior to being
washed in a dishwashing machine unless a
prewash cycle is a part of the dishwashing
machine operation. Equipment and utensils
shall be placed in racks, trays, or baskets,
or on conveyors, in a way that food -contact
surfaces are exposed to the unobstructed
application of detergent wash and clean rinse
waters and that permits free draining.
December 7, 1981 - 480 -
I
(d) Machines (single -tank, stationary -rack,
door -type machines and spray -type glassIII
washers) using chemicals for sanitization may
be used provided that:
(i) Wash water temperatures, addition of
chemicals, rinse water temperatures, and
chemical sanitizers used are in
conformance with the National Sanitation
Foundation Standards dated September
1978 or other National Santitation
Standards if such machines predate the
above cited and dated standards.
(ii) A test kit or other device that
accurately measures the parts per
millioh concentration of the sanitizing
solution shall be available and used as
often as is necessary to assure adequate
concentrations while the chemical
sanitizing machine is in use.
(iii) Containers for storing the sanitizing
agent shall be installed in such a
manner as to ensure that operators
maintain an adequate supply of
sanitizing compound.
(e) Machines using hot water for sanitizing may
be used provided that wash water and pumped
rinse water shall be kept clean and water
shall be maintained at not less than the
temperature specified under the National
Sanitation Foundation Standards dated
September 1978, under which the machine is
evaluated. A pressure gauge shall be
installed with a valve immediately adjacent
to the supply side of the control valve in
the final rinse line provided that this
requirement shall not pertain to a
dishwashing machine with a pumped final
rinse. A recirculating line shall be
provided between the hot water heater ana 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 including the supply side of the
booster hot water heater.
December 7, 1981 - 481 -
1
(f) All utensil washing machines shall be cleaned
at least once per day or more frequently it
required.
(6) Manual Cleaning and Sanitizing.
(a) For manual washing, rinsing and sanitizing of
utensils and equipment, a sink with not tewer
than three compartments shall be provided and
used. Sink compartments shall be large
enough to permit the accomodation of the
equipment and utensils.
(b) Integral drain boards of adequate size shall
be provided at each end tor proper handling
of soiled utensils prior to washing and for
cleaned utensils following sanitizing and
shall be located so as not to interfere with
the proper use of the utensil washing
facilities.
(c) Equipment and utensils shall be pretlushed or
prescraped and, when necessary, presoaked to
remove gross food particles and soil.
(d) Except for fixed equipment and utensils too
large to be cleaned in sink compartments,
manual washing, rinsing and sanitizing shall
be conducted in the following sequence:
(1) Sinks shall be cleaned prior to use.
(11) Equipment and utensils shall be
thoroughly washed in the first
compartment with a hot detergent
solution that is kept clean.
(iii) Equipment and utensils shall be rinsed
free of detergent and abrasives with
clean water in the second compartment.
(iv) Equipment and utensils shall be
sanitized in the third compartment in an
approved manner.
(e) The food -contact surtaces of all equipment
and utensils shall be sanitized by one of the
following methods:
December 7, 1981 - 482 -
(f)
(i) Immersion for at least one-half (1/2)
minute in clean, hot water at a -
temperature of at least 170 degrees F
(77 degrees C) .
(ii) Immersion for at least one minute in
clean solution containing at least 50
parts per million but no more than 200
parts per million of available chlorine
as a hypochlorite and at a temperature
of at least 75 degrees F (24 degrees C).
(iii) Immersion for at least one minute in a
clean solution containing at least 12.5
parts per million but not more than 25
parts per million of available iodine
and having a pH not higher than 5.0 and
at a temperature of at least 75 degrees
F (24 degrees C) .
(iv) Immersion in a clean solution containing
any other chemical sanitizing agent
approved by the Health Authority that
will provide at least the equivalent
bactericidal effect ot a solution
cointaining 50 parts per million ot
available chlorine as a hypochlorite at
a temperature of at least 75 degrees F
(24 degrees C) for one minute.
(v) In the case of equipment too large to
sanitize by immersion, rinsing,
spraying, or swabbing a chemical
sanitizing solution shall be used in a
manner approved by the Health Authority.
When hot water is used for sanitizing, the
following facilities shall be provided and
used:
(i) An integral heating device or fixture
installed in, on, or under the
sanitizing compartment ot the sink
capable of maintaining the water
temperature of at least 170 degrees F
(77 degrees C), and
December 7, 1981 - 483 -
1
1
1
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(g)
(ii) A numerically scaled indicating
thermometer, accurate to plus or minus 3
degrees F (plus or minus 2 degrees C)
convenient to the sink for frequent
checks of water temperature, and
(iii) Dish baskets of such size and design to
permit complete immersion of the
tableware, kitchenware, and equipment in
the hot water.
When chemicals are used for sanitization, a
test kit or other device that accurately
measures the parts per million concentration
of the solution shall be provided and used.
(h) Other Methods. Any other procedure or
process may be used, provided the licensee
shall sumit to the health Authority evidence
showing in detail the procedure or process
and the effectiveness thereof, and, provided,
such methods are approved by the Health
Authority.
(7) Equipment and Utensil Storage. Cleaned and
sanitized equipment and utensils shall be handled
in a way that protects them from contamination.
Spoons, knives, and forks shall be touched only by
their handles. Cups, glasses, blowls, plates and
similar items shall be handled without contact
with inside surfaces or surfaces that contact the
user's mouth.
December 7, 1981
(a) Utensils shall be air dried before being
stored or shall be stored in a self- draining
position.
(b) Cleaned and sanitized utensils and equipment
shall be stored at least six (6) inches above
the floor in a clean, dry location in a way
that protects them from contamination by
splash, dust and other means. The
food -contact surfaces of fixed equipment
shall also be protected from contamination.
Equipment and utensils shall not be placed
under exposed sewer lines, or waterlines
except for automatic fire protection
sprinkler heads that may be required by law.
- 484 -
(c) Glasses and cups shall be stored inverted.
Other stored utensils shall be covered or
inverted, wherever practical. Facilities for
the storage of knives, forks, ana spoons
shall be designed and used to present the
handle to the employee or consumer.
(Sec. 13-827 repealed; New Sec. 13-827 added by Ord. 1531, 12/7/81)
Section 13-828. Water - Safe Water and Safe Water Supply.
Safe water from a safe water supply consisting of hot and
cold running water under pressure shall be provided in all
food establishments where food is prepared and where
utensils, equipment, containers, or hands are washed, with
the exception of food vehicles, which handle only
pre-packaged food or which handle meat being transported in
the manner provided by state law and regulations.
(Sec. 13-828 repealed; Sec. 13-837 renwnbered 13-828 by Ord. 1531, 12/7/81)
Section 13-829. Water - Sources. All water shall be drawn
from the municipal water system, provided, however, a water
supply located on the premises may be used if the operation,
location, and construction have been approved by the
Minnesota State Board of Health. The license in such case,
shall, at his expense, make arrangements tor chemical ana
bacteriological analysis of the water, and this analysis
shall be done at intervals of not less than once each
month. A copy of each of these reports shall be submitted
by mail directly from the laboratory to the Department of
Inspectional Services of the City of St. Louis Park
immediately upon completion of the laboratory work.
(Sec. 13-829 repealed; Sec. 13-838 renwnbered 13-829 by Ord. 1531, 12/7/81)
Section 13-830. Water - Cross Connections to City Water
Prohibited. No direct connection shall be made or permitted
to exist between the public water supply system of the City
of St. Louis Park and any other source of water.
(Sec. 13-830 repealed; Sec. 73-839 renwnbered 13-830 by Ord. 1531, 12/7/81)
Section 13-831. Water - Cross Connections to Non -Potable
Water Systems Prohibited. The sate water supply pipiny
shall not in any manner be directly connected with any water
supply system 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.
(Sec. 73-831 repealed; Sec. 13-840 renumbered 13-831 by Ord. 1531, 12/7/81)
Section 13-832. Water - Backflow Prevention. The sate
water supply system shall be installed to prevent the
possibility of backflow. Devices shall be installed to
protect against backflow and back siphonage at all fixtures
and equipment where an air gap at least twice the diameter
of the water supply inlet is not provided between the water
December 7, 1981
- 485 -
supply inlet and the fixture flood level rim. A hose shall
not be attached to a faucet unless a backflow prevention
device is installed.
(Sec. 13-832 repealed; New section 13-832 added by Ord. 1531, 12/7/81)
Section 13-833. 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 plced in a container, transported, and dispensed in
a sanitary manner.
(Sec. 13-833 repealed; Sec. 13-841 renumbered 13-833 by Ord. 1531, 12/7/81)
Section 13-834. 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 sanitized. Buckets, scoops, and ice
containers, unless they are single -service utensils, shall
he 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 sanitized and
protected when not in use.
Automatic ice dispensing equipment shall be installed as
provided in Section 13-821 (3).
(Sec. 13-831 repealed; Sec. 13-842 renwnbered 834 and amended by Ord. 1531, 12/7/81)
Section 13-835. Sewage Disposal. All water -carried sewage
shall be disposed of by means of the public sewerage system
of the City of St. Louis Park, provided, however, on food
vehicles, which dispose of their liquid waste into
receptacles carried on the vehicle for that purpose; and
provided, further, that non -water -carried sewage disposal
facilities may be accepted for itinerant food establishments
and other similar and temporary food operations with the
approval of the Health Authority.
(Sec. 13-835 repealed; Sec. 13-843 renwnbered 13-835 and amended by Ord. 1531,
12/7/81)
Section 13-836. Plumbing Requirements. Plumbing shall be
so sized and installed and maintained as to carry adequate
quantities of water to required locations throughout the
establishment; prevent contamination of the water supply;
convey sewage and liquid wastes adequately from the
establishment to the sewage system; and so that it does not
constitute a source of contamination of food, utensils, or
December 7, 1981 - 485.1 -
equipment, or create an insanitary condition or nuisance.
Food service equipment, such as refrigerators, dishwashing
machines, ice makers, and steam tables, shall not be
directly connected to the sewer.
(Sec. 13-836 repealed; Sec. 13-844 renumbered 836 by Ord. 1531, 12/7/81)
Section 13-837. Toilet Facilities. Every food
establishment with the exception of food vehicles shall be
provided with conveniently located and approved 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
tight fitting, solid doors -and be self-closing and shall be
kept closed except during maintenance. Easily cleanable
receptacles shall be provided for waste materials. Toilet
rooms used by women shall have at least one covered waste
receptacle. An adequate supply of toilet tissue shall be
provided and maintained at each toilet at all times. When
toilet facilities are provided for patrons, such facilities
shall meet the requirements of this section.
(Former 13-837 renumbered 13-828 by Ord. 1531, 12/7/81)
(Former 13-845 renumbered 13-837 and amended by Ord. 1531, 12/7/81)
Section 13-838. Handwashing Facilities. Every food
establishment, other than itinerant food establishments and
food vehicles handling only pre-packaged food or which
transport meat in the manner provided by State law or
regulation, shall be provided with adequate, conveniently
located, and approved handwashing facilities which are
continually maintained with hot and cold running water, hand
cleansing compound, fingernail brushes, and single -service
towels or hand -drying devices. Handwashing facilities shall
be accessible to persons at all times in all areas where
food is prepared or served, utensils and equipment are
cleansed or sanitized, in or immediately adjacent to toilet
rooms or other areas as may be designated by the Health
Authority. Sinks used for food preparation or for washing
equipment or utensils shall not be used for handwashing.
Each handwashing sink shall be provided with hot and cold
water tempered by means of a mixing valve or combination
faucet. The maximum temperature of hot water shall not
exceed 130°F from the faucet. Any self-closing,
slow -closing, or metering faucet used shall be designed to
provide a flow of water for at least 15 seconds without the
need to reactivate the faucet. Steam -mixing valves are
prohibited. If disposable towels are used, easily cleanable
waste receptacles shall be provided. Common towels are
prohibited. All lavatories and related equipment and
December 7, 1981 - 485.2 -
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1
facilities shall be kept clean, in good repair and in
operating condition at all times.
(Poriner 13-838 renumbered 13-829 by Ord. 1531, 12/7/81)
(New 13-838 added by Ord. 1531, 12/7/81)
Section 13-839. Garbage and Refuse Disposal. All garbage
and refuse shall be kept in tight non-absorbent containers
which shall be kept covered with close -fitting lids when
filled or in storage within or outside the food
establishment and when not in continuous use within the
establishment; provided, that such containers need not be
covered when stored in a vermin -proof and enclosed room
within the food establishment. Garbage and refuse
containers located outside the establishment shall be stored
on a concrete surface which shall be maintained in a clean
condition and in good repair. All facilities shall be
adequate for all garbage and refuse accumulating on the
premises. Garbage and refuse shall be disposed of on a
frequency to avoid a nuisance. Cleaning facilities
including hot water shall be provided. The garbage room and
the containers shall be cleaned, as a minimum, after each
emptying or removal of garbage. Any outside enclosure or
other storage area for garbage and refuse shall be kept
clean, in good repair and free of miscellaneous storage
including but not limited to old equipment.
(Former 13-839 renumbered 13-830 by Ord. 1531, 12/7/81)
(New 13-839 added by Ord. 1531, 12/7/87)
Section 13-840. Insect and Rodent Control. Effective
measures shall be taken to prevent the entrance, breeding or
presence of rodents, flies, cockroaches, and other vermin or
insects on the premises. The premises shall be kept in such
condition as to prevent the harborage or feeding of insects
or rodents. Openings to the outside shall be effectively
protected against the entrance of rodents. Outside openings
shall be protected against the entrance of insects by
tight -fitting, self-closing doors, closed windows,
screening, controlled air currents, or other means. Screen
doors shall be self-closing, and screens for windows, doors,
skylights, transoms, intake and exhaust air ducts, and other
openings to the outside shall be tight -fitting and free of
breaks. Screening materials shall not be less than 16 mesh
to the inch.
(Former 13-840 renumbered 13-831 by Ord. 1531, 12/7/81)
(13-848 renumbered 13-840 and amended by Ord. 1531, 12/7/81)
Section 13-841. Floors, Walls and Ceilings.
(1) Floors. The floor surfaces of all food
preparation, food storage, equipment and utensil
December 7, 1981 - 485.3 -
washing, food serving areas, waitress stations,
dressing rooms, locker rooms, toilet rooms and
vestibules, janitorial areas, walk-in
refrigerators, kitchens, and bars shall be
constructed of smooth, non-absorbent, easily
cleanable materials which resist the wear and
abuse to which they are subjected, such as ceramic
tile, quarry tile or terrazzo; provided that dry,
bulk packaged and remote storage areas shall have
sealed smooth concrete floors as a minimum. The
junctures between walls and floors shall be
coved. All floors shall be kept clean and in good
repair, and the use of sawdust and similar
material shall not be permitted. These
requirements do not prevent the use of rugs and
carpets in dining rooms and hallways, provided
that such floor coverings are kept clean.
Abrasive strips also may be used wherever deemed
necesssary to prevent accidents. Floor drains
shall be provided in all rooms where floors are
subjected to flooding -type cleaning or where
normal operations release or discharge water or
other liquid wastes on the floor. Such floors
shall be graded to drain. Mats and duck boards
shall be of non-absorbent, non -wood, grease
resistant material of such size, design and
construction as to facilitate their being easily
cleaned. Duck boards shall not be used as storage
racks.
(2) Walls and Ceilings. 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,
areas where utensils or hands are washed, toilet
rooms, janitorial areas, laundry rooms and garbage
and refuse storage rooms shall have easily
cleanable, smooth, non-absorbent washable surfaces
such as ceramic tile or its equal to the highest
level reached by splash, spray or abuse. The
lamination of surface materials determined to be
equal or better than ceramic tile shall be applied
in a manner to eliminate all voids between the
laminating material and the backing material.
Wall finishes shall be resistant to the wear and
abuse to which they are subjected. Ceilings of
such rooms and the ceilings of certain food
establishments (including but not limited to
grocery stores) where unpackaged food is handled,
prepared, or stored or where utensils or equipment
are washed shall be easily cleanable. The walls
December 7, 1981
- 485.4 -
47
and ceilings of such rooms shall be finished in a
light color. Light fixtures, vent covers, wall
mounted fans, decorative materials and similar
equipment attached to walls and ceiling shall be
kept clean and in good repair.
(3) Utility Lines and Pipes. All utility lines and
pipes such as, but not limited to, electric, gas,
water, sewage and similar waste lines or services
shall be installed in the walls, under floors, or
above ceilings so as to not be unnecessarily
exposed in or on food equipment, walls, floors or
ceilings. Exposed utility service lines or pipes
shall be installed in a manner that does not
obstruct or prevent the easy cleaning of food
equipment, floors, wall and ceiling surfaces and
areas.
(Former 13-841 renumbered 13-833; New 13-841 added by Ord. 1531, 12/7/81)
Section 13-842. Lighting - General. All areas in which
food is prepared, processed, manufactured, packaged or
stored; or where utensils and equipment are washed;
handwashing areas, locker rooms, toilet rooms; and all
garbage and refuse storage areas shall be well lighted.
(1) Permanently fixed artificial light sources shall
be installed to provide at least 70 foot candles
of light on all food preparation surfaces and at
equipment or utensil -washing work levels.
(2) Permanently fixed a-rtificial light sources shall
be installed to provide, at a distance of 30
inches from the floor:
(a) At leas- 30 foot candles of light in utensil
and equipment storage areas and in lavatory
and toilet areas; and
(b) At least 20 foot candles of light in walk-in
refrigerating units, dry food storage areas,
and in all other areas. This shall also
include dining areas during cleaning
operations.
(3) Subdued lighting in dining rooms and public access
areas is permissible, provided that lighting
meeting the above requirements shall be available
during all clean-up periods in dining rooms and
access areas and provided that lighting meeting
Building Code requirements be provided in all
required egress areas.
December 7, 1981 - 485.5 -
(4) Shielding shall be provided for all artificial
lighting fixtures located over, by, or within food
storage, preparation, service, and display
facilities, and facilities where utensils and
equipment are cleaned and stored; and provided
that shielding shall be required over unpackaged
food areas including but not limited to produce
and meat preparation areas, and retail produce
areas in certain food establishments (including
but not limited to grocery stores). Infrared or
other heat lamps shall be provided with a shield
surrounding and extending beyond the bulb, leaving
only the face of the bulb exposed. Shielding
equipment shall be kept clean and in good repair.
(Former 13-842 renumbered 13-834; New 13-842 added by Ord. 1531, 12/7/81)
Section 13-843. Ventilation. All rooms shall have
sufficient make up and exhaust ventilation to keep them free
of excessive heat, steam, condensation, vapors, obnoxious or
disagreeable odors, smoke and fumes. All ventilation
equipment and facilities, gas or oil fired room heaters and
water heaters shall be designed, installed and operated in
accordance with the Minnesota State Building code of the
Minnesota Department of Administration and the Uniform Fire
Code of the Minnesota Fire Marshall. Intake and exhaust air
ducts shall be maintained to prevent the entrance of dust,
dirt, and other contaminating materials.
(Former 13-843 renumbered 13-835; New 13-843 added by Ord. 1531, 12/7/81)
Section 13-844. Dressing Rooms and Lockers.
(1) Dressing Rooms. If employees routinely change
clothes within the establishment, rooms or areas
shall be designated and used for that purpose.
Those designated rooms or areas shall not be used
for food preparation, storage or service, or for
utensil washing or storage.
(2) Locker Areas. Adequate lockers or other suitable
facilities shall be provided and used for the
orderly storage and security of employee clothing
and other belongings. Lockers or other suitable
facilities may be located only in the designated
and approved dressing rooms or in food storage
rooms or areas containing only completely packaged
food or packaged single -service articles.
(Former 13-844 renumbered 13-836; New 13-844 added by Ord. 1531, 12/7/81)
Section 13-845. General Preventive Measures.
December 7, 1981
(a) Food service establishments and all parts of
property used in connection with their
operations shall be kept free of litter.
- 485.6 -
(b) The walking and driving surfaces of all
exterior areas of food service establishments
shall be surfaced with concrete or asphalt,
or the equal, kept in good repair, properly
drained and kept clean to minimize dust.
(c) Only articles necessary for the operation and
maintenance of the food service establishment
shall be stored on the premises.
(d) The traffic of unnecessary persons through
the food -preparation and utensil -washing
areas is prohibited.
(e) The exterior of the food service
establishment shall be well maintained and
kept in good repair.
(2) Living areas. No operation of a food service
establishment shall be conducted in any room used
as living or sleeping quarters. Food service
operations shall be separated from any living or
sleeping quarters by complete partitioning and
solid, self-closing doors.
(3) Laundry facilities.
(a) Laundry facilities in a food service
establishment shall be restricted to the
washing and drying of linens, cloths,
uniforms and aprons necessary to the
operation. If such items are laundered on
the premises, an electric or gas dryer shall
be provided and used.
(b) Separate rooms shall be provided for laundry
facilities except that such operations may be
conducted in storage rooms containing only
packaged foods or packaged single -service
articles.
(4) Linens and clothes storage.
(a) Clean clothes and linens shall be stored in a
clean place and protected from contamination
until used.
(b) Soiled clothes and linens shall be stored in
nonabsorbent containers or washable laundry
bags until removed for laundering.
December 7, 1981 - 485.7 -
(5) Cleaning equipment storage. Maintenance and
cleaning tools such as brooms, mops, vacuum
cleaners and similar equipment shall be maintained
and stored in a specific location where there will
be no possibility of contamination of food,
utensils, equipment and linens and shall be stored
in an orderly manner to facilitate cleaning of the
equipment storage location.
(6) Animals. Live animals, including birds and
turtles, shall be excluded from within the food
service operational premises and from adjacent
areas under the control of the permit holder.
This exclusion does not apply to edible fish,
Crustacea, shellfish, or to fish in aquariums.
Patrol dogs accompanying security or police
officers, or guide dogs accompanying blind
persons, shall be permitted in dining areas.
(Former 13-845 renumbered 13-837 by Ord. 1531, 12/7/81)
(New 13-845 added by Ord. 1531, 12/7/81)
Section 13-846. Industry Self -Inspection. Every food
establishment shall arrange for a program of sanitation
self -inspection conducted by the owner, manager, sanitation
supervisor, or an agent. Such inspections shall be kept in
file for review by the Health Authority.
(Former 13-846 repealed; 13-855 renwnbered 13-846 by Ord. 1531, 12/7/81)
Section 13-847. Construction - Plan Review. All persons
who hereafter construct, extensively remodel or convert
buildings or facilities for use as food establishments,
shall conform and comply in their construction, erection or
alteration with the requirements of this ordinance. Plans
and specifications for such construction, remodeling or
alteration which shall show layout, arrangement and plumbing
and construction materials of work areas, and location, size
and type of equipment and facilities, shall be filed by its
owner in the office of the Health Authority. The St. Louis
Park Department of Inspectional Services shall not issue a
building permit for a food establishment or remodeling or
alternation permit for such establishment until such permits
shall have the approval of the Health Authority endorsed
thereon.
(Former 13-847 renumbered 13-839; Former 13-856 renumbered 13-847 by Ord. 1531,
1^/7/81)
December 7, 1981 - 485.8 -
t
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Section 13-848. Revocation of License. The license of any
food establishment required under this ordinance may be
revoked in the manner provided in Sections 13-115 and 13-116
of the St. Louis Park Ordinance Code on the grounds therein
provided upon conviction of violation of any provisions of
this ordinance.
(Former 13-848 renumbered 13-840; Former 13-857 renumbered 13-848 by Ord. 1531, 12/7/81)
Section 13-849. 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.
(Former 13-849 repealed; Former 13-858 renumbered 13-849 by Ord. 1531, 12/7/81)
Section 13-850. Temporarl Suspension of License. The
Health Authority with the approval of the City Manager shall
immediately suspend the license of any food establishment
for the violation of any terms of this ordinance if such
violations constitute an imminent public health hazard.
Upon notification by the Health Authority of a temporary
suspension of license by posting of his report as set forth
in Section 15-807 at the time of the inspection, the
licensee shall forthwith cease operation. The licensee may
appeal the temporary suspension in writing to the City
Council in the manner prescribed in Section 13-115 and
Section 13-116 of the St. Louis Park Ordinance Code. 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
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 City Manager shall not suspend
a license if the violation or violations which constitute an
imminent public health hazard can be eliminated or removed
by embargo or condemnation as provided in Section 13-810.
(Former 13-850 repealed; Former 13-859 renumbered 13-850 by Ord. 1531, 12/7/81)**
Food Vending Machines
Section 13-910. Definitions. As used in this ordinance the
following terms shall have ascribed to them the definitions
set out'herein, unless the context indicates otherwise:
(1) Bulk food means a food which when dispensed to the
customer is not packaged, wrapped or otherwise
enclosed.
**(Sec. 13-851, 852, 853, 901, 902, 903, 904, 905 & 910 repealed by Ord. 1531,
12/7/81)
(New Soi . I inn 13-910 oddc-f by Ord. 1531, 12/7/81)
December 7, 1981 - 485.9 -
(2) Commissary means a food establishment, in which
food, containers or supplies are kept, handled, _
prepared, packaged, or stored for use in vending
machines. The term shall not apply to an area or
conveyance at a vending machine location used for
the temporary storage of packaged food or
beverages.
(3) Condiment means any food such as salt, pepper,
mustard and ketchup that is used to enhance the
flavor of other food.
(4) Controlled location vending machine (limited
service vending machine) means a vending machine
which:
(a) Dispenses only nonpotentially hazardous food,
and
(b) Is of such design that it can be filled and
maintained in a sanitary manner by untrained
persons at the location, and
(c) Is intended for and used at locations in
which protection is assured against
environmental contamination.
(5) Corrosion -resistant materials means those
materials that maintain their original surface
characteristics under prolonged influence of the
food to be contacted, the normal use of cleaning
compounds and bactericidal solutions, and other
conditions of the use environment.
(6) Easily cleanable means that surfaces are readily
accessible and made of such material and finish
and so fabricated that residues may be effectively
removed by normal cleaning methods.
(7) Employee means the license holder, individual
having supervisory or management duties and any
other person who handles any food to be dispensed
through vending machines, or who comes into
contact with food -contact surfaces of containers,
equipment, utensils, or packaging materials, used
in connection with vending machine operations, or
who otherwise services or maintains one or more
such machines.
December 7, 1981 - 485.10 -
(8) Equipment means vending machines, ovens, tables,
counters, sinks, and similar items, other than
utensils used in vending operations.
(9) Food means any raw, cooked, or processed edible
substance, water, ice, beverage or ingredient used
or intended for use or for sale in whole or in
part for human consumption.
(10) Food -contact surfaces means those surfaces with
which food normally comes into contact, and those
surfaces from which food may drain, drip or splash
back onto surfaces normally in contact with food.
(11) Hermetically sealed container means a container
which is designed and intended to be secure
against the entry of microorganisms and to
maintain the commercial sterility of its contents
after processing.
(12) Law includes Federal, State and local statutes,
ordinances and regulations.
(13) Machine location means the room, enclosure, space,
or area where one or more vending machines are
installed and operated.
(14) Operator means any person, who by contract,
agreement, or ownership, takes responsibility for
furnishing, installing, servicing, operating, or
maintaining one or more vending machines.
(15) Packaged means bottled, canned, cartoned, or
securely wrapped.
(16) Person includes an individual, partnersip,
corporation, association, or other legal entity.
(17) Readily accessible means exposed or capable of
being exposed for cleaning and inspection without
the use of tools.
(18) Potentially hazardous food shall mean any food
that is readily perishable, including but not
limited to any food that consists in whole or in
part of milk or milk products, eggs, meat,
poultry, fish, mollusk, edible crustacea, or other
ingredients, including synthetic ingredients, in a
form capable of supporting rapid and progressive
growth of infectious or toxigenic microorganisms.
December 7, 1981 - 485.11 -
(19) Regulatory authority means the duly appointed
health authority of the City of St. Louis Park.
(20) Safe materials means articles manufactured from or
composed of materials that may not reasonably be
expected to result, directly or indirectly, in
their becoming a component or otherwise affecting
the characteristics of any food. If materials are
food additives or color additives as defined in
Section 201(s) or (t) of the Federal Food, Drug,
and Cosmetic Act as used, they are "safe" only if
they are used in conformity with regulations
established pursuant to Section 409 or Section 706
of the Act. Other materials are "safe" only if
they are not food additives or color additives as
defined in Section 201(s) or (t) of the Federal
Food, Drug, and Cosmetic Act, and are used in
conformity with regulations issued under the Act.
(21) Safe temperatures for readily perishable food
means temperatures of 45°F. (7.2°C.) or below or
140°F. (60°C.) or above.
(22) Sanitization shall mean bactericidal treatment by
a process approved by the Health Authority that
provides enough accumulative heat or concentration
of chemicals for sufficient time to destroy
microorganisms including pathogens while neither
injurious to utensils or equipment nor hazardous
to the health of the food consumer or the user of
the sanitizing agent.
(23) Sealed means free of cracks or other openings that
permit the entry or passage of moisture.
(24) Single -service articles means cups, containers,
lids, closures, plates, knives, forks, spoons,
stirrers, paddles, straws, napkins, wrapping
materials, toothpicks, and similar articles
designed for one time, one person'use, and then
discarded
(25) Utensil means any implement used in the storage,
preparation, transporation or service of food.
(26) Vending machine shall mean any and all types of
mechanical devices which operate by the insertion
of a coin of more than one cent, paper currency or
other token and which deliver or permit the
removal from such machine, of any food as herein
December 7, 1981 - 485.12 -
defined. Vending machine shall further include a
bulk vending machine consisting of two or more
units vending food or non-food products fastened
on a single stand, at least one unit of which
dispenses food.
( Sec. 13-910(2) amended by Ord. 1465, 5/19/80)
(Sec. 13-910 repealed; New Section 13-910 added by Ord. 1531, 12/7/81)
Section 13-911. License Required. No person shall engage
in the business of selling or vending food by vending
machine, nor own, operate, or maintain any food vending
machine, without first having obtained a license from the
City Manager as herein provided.
Section 13-912. No License Required. No person shall be
required to obtain a license for a controlled location
vending machine in the City of St. Louis Park, provided
however, that any person owning or operating a controlled
location vending machine shall meet the requirements of this
ordinance and be subject to inspections.
(Sec. 13-912 repealed; New 13-912 added by Ord. 1531, 12/7/81)
Section 13-913. License Fee. The annual fee for the
license herein required is fixed as follows:
(1) For each vending machine dispensing food in a
wrapped package or sealed bottle or container, $20
per annum for the first machine at one location
and $6 for each additional machine at the same
location.
(2) For each vending machine dispensing potentially
hazardous food or food in an open container, $30
for the first machine at one location and $18 for
each additional machine at the same location.
(Sec. 13-913(1)(2) amended by Ord. 1356, 12/20/76)
(3) For each bulk vending machine dispensing food and
non-food products and with eight or fewer units
fastened on a single stand, $30 and $6 for each
additional unit (food and non-food) beyond eight
units.
(Sec. 13-913(3) added by Ord. 1465, 5/19/80)
(Sec. 13-913(1)(2)(3) amended by Ord. 1488, 11/17/80)
Section 13-914. Inspections Outside the Corporate Limits of
the City of St. Louis Park. The Regulatory Authority may
inspect food establishments, (vending commissaries),
situated outside the corporate limits of the City of St.
December 7, 1981 - 485.13 -
Louis Park which sell or offer for sale, or distribute any -
food to vending locations in the City of St. Louis Park.
.
The fees for such inspections shall be equal to the total of
the actual cost of salary paid the Regulatory Authority by
th City of St. Louis Park for the number of hours
necessarily spent in each such inspection, and the cost of
transportation incurred or expended by the Regulatory
Authority for mileage at the rate of 22¢ cents per mile
actually traveled from the City Hall or last place of
inspection, whichever is less, and returning to the
Inspections Department at the St. Louis Park City Hall. The
City Regulatory Authority shall report cost of such
inspections to the Director of Finance who shall render
statements for such inspection costs to the licensee who
obtains food from such source outside the City limits and
the licensee shall within ten days pay the amount claimed in
the statement to the City of St. Louis Park. Such
inspections shall not be made unless authorized by the City
Manager. In lieu of making inspections beyond the corporate
limits of St. Louis Park, the Regulatory Authority may
accept the reports of other governmental food inspection
agencies.
(Sec. 13-914 repealed; New 13-914 added by Ord. 1531, 12/7/81)
Section 13-915.' Inspection of Vending Locations. The
Regulatory Authority shall inspect every vending location in
a manner and as frequently as he may deem necessary to
insure compliance with this ordinance.
(Sec. 13-915 repealed; New 13-915 added by Ord. 1531, 12/7/81)
Section 13-916., Posting. Each inspection report shall be
posted by the Regulatory Authority upon an inside wall of
the vending location or on the vending machine, and such
inspection report shall not be defaced or removed by any
person, except the Regulatory Authority. The posting of the
inspection report upon the inside wall of the vending
location or on the machine shall constitute service of an
official notification of the inspection by the Regulatory
Authority. The Regulatory Authority may, in lieu of posting
such report, deliver it to the licensee or his authorized
agent or send it by U.S. Mail. Another copy of the
inspection report shall be filed in the records of the
Inspection Department.
(Sec. 13-916 repealed; New 13-916 added by Ord. 1531, 12/7/81)
Section 13-917. Access to Premises and Records. The owner
of the building, the licensee or his authorized agent shall,
upon request of the Regulatory Authority, permit access to
December 7, 1981 - 485.14 -
t
f
all parts of the vending location at any reasonable time for
the purpose of inspection and shall exhibit and allow
copying of any records necessary to ascertain sources of
foods. The licensee shall upon request make arrangements
for the Regulatory Authority to inspect the interior of the
vending machine.
(Sec. 13-917 repealed; New 13-917 added by Ord. 1531, 12/7/81)
Section 13-918. Removal and Correction of Violations. All
licensees, owners, or operators of vending locations and
vending machines having a report posted in the vending
location 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 Regulatory
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.
(Sec. 13-918 added by Ord. 1531, 12/7/81)
Section 13-919. Embargo, Examination, Condemnation, Tagging
and Sealing. Samples of food may be embargoed and examined
by the Regulatory 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 Regulatory Authority by the licensee
that necessary corrections have been made and after
inspection and approval of such utensils and equipment by
the Regulatory Authority. The Regulatory Authority may
condemn and forbid the sale of, or cause to be removed or
destroyed, any food which is unwholesome or adulterated,
unfit for human consumption, or otherwise prohibited by the
city ordinance or state or federal law. The Regulatory
Authority may condemn and cause to be removed any equipment,
clothing or utensils found in a vending location, 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, poor repair, improper construction, is unfit for
use. The Regulatory Authority may place a tag and/or seal
to indicate the embargo or the condemnation upon such food,
equipment, utensils, or clothing. No person shall remove
December 7, 1981 - 485.15 -
such tag and/or seal except under the direction of the
Regulatory Authority.
(Sec. 13-919 added by Ord. 1531, 12/7/81)
Section 13-920. Adoption by Reference - Federal Food and
Drug Requirements. The model sanitation ordinance entitled
The Vending of Food and Beverages and further identified as
the 1978 Recommendation of the Food and Drug Administration
is hereby adopted in part and shall be controlling within
the City of St. Louis Park.
The following chapters and sections are adopted by reference.
Chapter Two - Food Care
Chapter Three - Personnel
Chapter Four - Equipment and Utensils
Chapter Five - Sanitary Facilities and Control
Chapter Six - Section 401 Procedure When Infection Is
Suspected
Appendix A - Federal Food, Drug and Cosmetic Act,
Section 201 (s) and (t)_.
At least three copies of said document shall be on file in
the office of the Clerk of the City of St. Louis Park for
use and examination by the public and shall be marked
"Official Copies".
(Sec. 13-920 added by Ord. 1531, 12/7/81)
Section 13-921. Adoption by Reference -Machine Construction
Standards. All vending machines used or installed with the
City of St. Louis Park shall meet the requirements of
National Sanitation Standard No. 25 which is part of TSF
Food Service Equipment Standards, dated 1978, or shall meet
the requirements of the Vending Machine Evaluation Manual
covering sanitary design and construction standards for food
and beverage vending machines published by the National
Automatic Merchandising Association, 7 South Dearborn
Street, Chicago, Illinois 60603, dated January 1979.
At least three copies of each of the said standards and
requirements shall be on file in the office of the Clerk of
the City of St. Louis Park for use and examination by the
public and shall be marked "Official Copies".
(Sec. 13-921 added by Ord. 1531, 12/7/81)
December 7, 1981 - 485.16 -
1
J
Sec. 3. Penalty. Any person violating the provisions of
this ordinance shall be guilty of a misdemeanor and upon con-
viction shall be punished by a fine not more than $500 or_ by
imprisonment for a period not to exceed 90 days or both.
Sec. 4. Effective Date. This ordinance shall take effect 15
days after its publication.
Adopted by the City Council December 7, 1981.
At est:
A14,
City Cler
•
Reviewed for administration: App••ved as o orm and legality:
Ap
� ,- - AL.__...
pity Manager 4
C ty Attorney
SUN
NEWSPAPERS
AFFIDAVIT OF PUBLICATION
ST. LOUIS PARK SUN
924 Excelsior Avenue West Hopkins, Minnnesota
•
State of Minnesota I,,'j
County of Hennepin !;
D K MORTENSON, being duly sworn, on oath says he is and during all times here stated has been the
vice president and general manager of the newspaper know as The St Louis Park Sun and has full
knowledge of the facts herein stated as follows (1) Said newspaper is printed in the English language in
newspaper format and in column and sheet form equivalent in printed space to at least 900 square inches
(2) Said newspaper is a weekly and is distributed at least once every week (3) Said newspaper has 50%
of its news columns devoted to news of local interest to the community which it purports to serve and does
not wholly duplicate any other publication and is not made up entirely of patents, plate matter and
advertisement (4) Said newspaper is circulated in and near the municipalities which it purports to
serve, has at least 500 copies regularly delivered to paying subscribers, has an average of at least 75%
of its total circulation currently paid or no more than three months in arrears and has entry as second-
class matter in its local post -office (5) Said newspaper purports to serve the City of St Louis Park,
Golden Valley School District No 275 and Robbinsdale School District No 281 in the County of Hennepin
and it has its known office of issue in the City of Hopkins in said county, established and open during its
regular business hours for the gathering of news, sale of advertisements and sale of subscriptions and
maintained by the managing officer of said newspaper or persons in its employ and subject to his
direction and control during all such regular business hours and devoted exclusively during such regula
business hours and at which said newspaper is printed (6) Said newspaper files a copy of each issue
immediately with the State Historical Society (7) Said newspaper is made available at single or
subscription prices to any person, corporation, partnership or other unincorporated association
requesting the newspaper and making the applicable payment (8) Said newspaper has complied with all
foregoing conditions for at least one year preceding the day or dates of publication mentioned below (9)
Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each
January 1 thereafter and affidavit in the form prescribed by the Secretary of State and signed by the
managing officer of said newspaper and sworn to before a notary public stating that the newspaper is a
legal newspaper
He further states on oath that the printed Ordinance No . 1531
hereto attached as a part hereof was cut from the columns of said newspaper, and was printed
and published therein in the English language, once each week, forone successive weeks,
that it was first so published on Wed the 16 day of Dec
19 81
and was thereafter printed and published on every to and including
the day of 19 and that the following is a printed copy
of the lower case alphabet from A to Z, both inclusive, and is hereby acknowledged as being the size and
kind of type used in the composition and publication of said notice, to wit
abcdefghijklmnopqrstuvwxyz
Subscribed and sworn to before me this
16
/L_Imo
— /
MERIDEL M. HEDBLOM
`• 9 NOTARY PUBLIC - MINNESOTA
HENNEPIN COUNTY
My commission expires July 2, 1986
•
day of Dec
19 81
l
f
I^.
•
garbage,romn and the containers shall he cleaned, as a minimum. after each
emptying or removal of garbage, Any outside enclosure or other storage area
for garbage and refuse shad be kept clean, in good repair and free of
miscellaneous storage including but not limited to old equipment.
Section 13-840. Insect and Rodent Control. Effective Ineasures shall he
taken to prevent the entrance, breeding or presence of rodents. flies,
cockroaches. and other vermin or insects on the premises. The premises shall
he kept in such condition as to prevent the harborage or feeding of insects or
rodents. Openings to the outside shall be effectively protected against the
entrance of rodents: Outside openings shall be protected against the entrance
of insects by tight fitting, self-closing doors, closed windows. screening.
controlled air currents, or other means. Screen doors shall he self-closing,
and screens for windows, doors, skylights, transoms, intake and exhaust air
ducts, and other openings to the outside shall be light -fitting and free of
breaks. Screening(inateriais shallmot be less than 16 mesh to the inch.
Section 13-841. Floors, Walls and Ceilings, +
(I) Floors. The Root surfaces of all food preparation food storage.
equipment and utensil washing, food serving areas, waitress stations.
dressing rooms, locker rooms. toilet rooms and vestibules, janitorial
areas. walk-in refrigerators, kitchens, and bars shall be constructed of
smooth, non-absorbent, easily cleanable materials which resist the
wear and abuse to which they are subjected, such as ceramic tile,
quarry tile or terrazzo; provided that dry, bulk packaged and remote
storage areas shall have sealed smooth concrete floors as a minimum.
The junctures between walls and floors shall be coved. All floors shall
be kept clean and in good repair, and the use of sawdust and similar
material shall rot be permitted. These requirements do not prevent the
use of rugs and carpets in dining rooms and hallways, provided that
such floor coverings are kept clean. Abrasive strips also may he used
wherever deemed necessary to prevent accidents. Floor drains shall be
provided in all rooms where floors are subjected to flooding -type
cleaning or where normal operations release or discharge water or
other liquid wastes on the floor. Such floors shall be.graded to drama.
Mats and duck boards shall be of non-absorbent,; non -wood, grease
resistant material of gych size, design and construction as to facilitate
their being easay`cleaned. Duck boards shall not be used as storage
(2) Walls and Ceilings. The wails and ceilings of all rooms shall be kept
clean and in good repair. All walls of rooms or areas in which food is
prepared, areas where utensils' or hands are washed, toilet rooms,
janitorial areas, laundry rooms and garbage and refuse storage rooms
shall have'easaly cleanable, smooth, non-absorbent washable surfaces
such as ceramic tile or its equal to the highest level reached by splash,
spray or abuse, The lamination of surface materials determined to be
equal or better than ceramic tile shall be applied in a manner to
eliminate all voids between the laminating material and the backing
material. Wail finishes shall be resistant to the wear and abuse to which
they are subjected.'teitings`of such rooms and the ceilings of certain
food establishments (including but notiimited to grocery stores) where
unpackaged food is handled, prepared, or stored or where utensils or
equipment are washed shall be easily cleanable. The walls and ceilings
of such rooms shall be finished in a light color. Light fixtures, vent
covers, wall mounted farts, decorative materials and similar equipment
attached to waioa ondicieiling shall be kept clean andin good repair.
(3).Utility.Lines and Pipes. All utility tines and pipes such as. but not
limited to, electric, gas, water, sewage and similar waste lines or
services shall lie installed in the walls, under floors, or above ceilings so
as to not be unne,essarily exposed in or on food equipment, walls; floors
or ceilings. Exposed utility, service lines or pipes shall be installed in a
manner that dors not obstruct or prevent the easy cleaning of food
equipment, floors, wall and ceiling surfaces and areas, -
Section 13-842.'Lighiing General. All areas in which food is prepared,
processed, manufactured, packaged or stored; or where utensils and
equipment are washed: hardwashing:areas. locker rooms, toilet rooms; and
all garbage and refuee storage areas shall be well lighted.
(U Permanently fi''ed artiticialliglit sources shall be installed to provide at
least 70 foot candles of Tight on all food preparation surfaces and at equipment
or utensil -washing work levels.
'(2) Permanently fixed artificial light sources shall be installed to provide,
at a distance of 30 locales from the floor:
(a) At least 30footcandles of light in utensil and equipment storage areas
and in lavatory and toilet areas; and
(b) At least 20 foot candles of light in walk-in refrigerating units, dry food
storage areas *d in all other areas, This shall also include dining
areas during z .ar:ngoperations.
(3) Subdued lighting in dining rooms and public access areas is per-
mis4ible, provided that lighting meeting the above requirements shall be
available during all wean -up periods in dining rooms and access areas and
provided that lightis, meeting Building Code requirements be provided in all
required egress areao
(4) Shielding .$cyst, ae provided for all artificial lighting fixtures located
over, by, or within food storage; preparation, service, and display facilities.
and facilities where utensils and equipment' are cleaned` and stored'; and
provided that shiel t:ng shall be required over unpackaged food areas
including but not lin- )ed to:produce and meat preparation areas, and retail
produce areas in cc sin food establishments (including but not limited to
grocery stores).lnfr ,red or other heat lamps, shall be provided with a shield
surrounding and extending beyond the bulb, leaving only the face of the bulb
exposed. Shielding ecuipment shall be kept clean and in good repair.
Section 13-843. Ventilation. All rooms shall have sufficient make up and
exhaust ventilation t<; keep them free of excessive heat, steam, condensation,
vapors, obnoxious or, disagreeable odord, smoke and fumes. All ventilation
equipment and facilities, gas or oil fired room heaters and water heaters shall
be designed. installed and operated in accordance with the Minnesota State
Building code of the Minnesota Department of Administration and the
Uniform Fire Code of the Minnesota Fire Marshal. Intake and exhaust air
ducts shall be maintained to prevent the entrance of dust, dirt, and other
contaminating mato -ials.
Section 13-844, Dr„ sing Rooms and Lockers.
(f) Dressing Rooms. If employees routinely change clothes within the
establishment, rooms or areas, shall be designated and used for that
purpose. Those designated rooms or areas shall not be used for food
preparation, storage or service, or for utensil washing or storage.
(2) Locker Areas. Adequate lockers or other suitable facilities shall be
provided and-ssed.for the orderly storage and security of employee
clothing and other belongings. Lockers or other suitable facilities may
be located only ib' the designated and approved dressing rooms or in
food storage rooms or areas containing only completely packaged food
or packaged si.lgle-service articles.
Section 13-845. General Preventive Measures.
(1)
(a) Foodservice establishments and all parts of property used in
connection' with their operations shall be kept free of titter.
(b) The walking and driving surfaces of all exterior areas of food
,service establishments shall be surfaced with concrete or asphalt, or
the 'equal, kept in good repair, properly drained and kept clean to
minimize dust.
(c) Only articles necessary .tor-the,operation and maintenance of the—
food
hefood service establishment shall be stored on the premises. '
(d) The trf e of"unnoeessary-persons.through ;the food-preparat4on
and utensil -u •shing areas is prohibited..:
(el Th • scior of the food service establishment shall be well
.nit kept in good repair.
(2) Living area , No operation of a food service establishment -shall be
conducted in any room used as living or sleeping quarters. Food service
a operations sl alt be separated from any living or sleeping quarters by
complete partitioning and solid, self-closing doors.
(3) Laundry facilities:
(a) Laundry facilities in a foot service establishment shall be
restricted to Ine'washing and drying of linens, cloths, uniforms and
aprons necessary to the operation. If such items are laundered on the
premises; an electric or gas dryer shall` be provided and used.
(26) Vending machine shalt mean anY and all typesof mechanical
devices which operate by the insertion of !coin of more than one cent.
paper currency or other token and which Deliver or permit the removal
from such machine. of any food as her" !P defined. Vending machine
shall further include a bulk vending m to line consisting of two or more
units vending food or non-food products fastened on a single stand. at
least one unit of which dispenses food.
Section 13-912. No License Required. NP person shall be required to
obtain a license for a` controlled location machine in [tie City of
St. Louis Park. provided however. that ifly' person owning or operating
a controlled location vending machine Shall Meet the requirements of
this ordinance and be subject to inspectiiilorporate Limits of the City of
Section 13-914. Inspections Outside the etv may inspect food estab
St. Louis Park.' The Regulatory AuthdFiiated outside the corporate
lishments, (vending commissaries).5133:
limits of the City of St. Louis Park wt.tch sell or offer for sale. or
distribute any food to vending locations In the City of St. Louis Park.
l to the total of the actual cost
The fees for such inspections shall equt. the City of St. Louis Park for
of salary paid the Regulatory Authority b$chsueh inspection. and the
the n mni , °bar of hours necessarily spent gap
cost of transportation incurred or expencded by the Regulatory Autuor-
ity for mileage at the rate of 22e cents pt3r mile actually traveled from
the City Hall or last place of inspection, wihichever is less; and returning
to the Inspections Department at the St. I,,ouisPark City Hall. The City
Regulatory Authority shalt report' cost of such inspections to: the
Director of Finance who shall render "statements for such inspection.
casts to the licensee who obtains food frdln such source outside the City
limits and the licensee shall within ten dlys pay the amount claimed in
the statement to. the City of St. Louis Park. Such inspections shall not be
made unless authorized by the City Manager. In lieu of making
inspections beyond the corporate limits of St. Louis Park. the Regu-
latory Authority may accept. the reports of other governmental food
inspection agencies.. Locations.The Regulatory
Section 13-915. Inspection of Vending
cation in manner and as
Authority shall inspect every vendinga
frequently as he may deem necessary to insure compliance with this
ordinance.
Section 13-916. Posting. Each inspection report shall be posted by the
Regulatory Authority upon an inside wall of the vending location or on
the vending machine, and such inspection report shall not be defaced or
removed by any person, except the Regulatory Authority. The posting
of the inspection report upon the inside wall of the vending location or on
the machine shall constitute service of an official notification of the
inspection by the Regulatory Authority. 'rhe Regulatory Authority may,
in lieu of posting such report, deliver it to the licensee or his authorized
agent or send it by U.S. Mail, Another copy of the inspection report shall
be filed in -the records ofthe Inspection Department.
Section 13-917. Access to Premises and Records. The owner of the
building. the licensee or his authorized agent shall. upon request of the
Regulatory Authority. -permit access to all parts of the vending location
at any reasonable time for the purpose of inspection and shall exhibit
and allow copying of any records necessary to ascertain sources of
foods. The licensee shall upon request make arrangements for the
Regulatory Authority to inspect the interior of the vending machine.
Section 13-918. Removal and Correctlon of Violations. All licensees,'
owners, or operators of vending locations and vending machines having
a report posted in the vending location 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 RegulatoryAuthority. The
length of time for the correction or removal of each such violation shall
be noted on the inspection report. The failure to remove or correct each
such violation within the time period noted on the inspection report shall
constitute a separate violation of this ordinance.
Section 13-919. Embargo, Examination, Condemnation, Tagging and
Sealing. Samples of food may be embargoed and examined by the
Regutatory Authority as often as may he 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 Regulatory Authority by the licensee
that necessary corrections have been made and after inspection and
approval of such utensils and equipment by the Regulatory Authority.
The Regulatory Authority may condemn and forbid the sale of, or cause
to be removed or destroyed, any food which is unwholesome or
adulterated, unfit for human consumption, or otherwise prohibited by
the city ordinance or state or federal law. The Regulatory Authority
may condemn and cause to be removed any equipment, clothing or
utensils found in a vending Location, 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, ex-
traneous matter, insects, corrasion, open seams, or chipped or cracked
surfaces, poor repair, improper construction, is unfit for use. The i
Regulatory Authority may place tag and/or seal to indicate the
embargo or the condemnation upon such food, equipment, utensils, or
clothing. No person shall remove such tag and/or seal except under the
direction of the Regulatory Authority.
'Section 13-920. Adoption by Reference Federal Food and Drug
Requirements. The model sanitation ordinance entitled The Vending of •
Food and Beverages and further identified as the 1978 Recommendation
of the Food and Drug Administration is hereby adopted in part and shall
be controlling within the City of St. Louts Park.
The following chapters and sections are adopted by reference.
Chapter Two - Food Care
Chapter Three - Personnel
Chapter Four - Equipment and Utensils
Chapter Five - Sanitary Facilities and COutrol
Chapter Six - Section 401 Procedure When Infection is Suspected
Appendix A - Federal Food, Drug and Cosmetic Act, Section 201 (s) and
(1) �
At least three copies of said document shall be on file in the officeof the
Clerk of. the City of St. Louis Park for use add examination by the public and
shall he marked "Official Copies".
Section 13-921. Adoption by Reference -Machine Construction Standards.
All vending machines used' or installed with the City of St. Louis Park shall
meet the requirements of National Sanitation Standard No. 25 which is part of
NSF Food Service Equipment Standards, dated 1978, or, shall meet the
requirements of the Vending Machine Evaluation Manual covering sanitary
design and construction standards for food and beverage vending machines
published by the National Automatic merchandising Association, 7 South
Qearborn Street, Chicago, Illinois 60603, dated January 1979.
At least three copies of each of the said standards and requirements shall
be on file in the office of the Clerk of the City of St. Louis Park for use and
examination by the public and shall t?e marked "Official Copies".
Sec. 3. Penalty. Any person violating the provisions of this ordinance shall
be guilty of a misdemeanor and upon conviction shall be punished -by a fine
not more than 8500 or by imprisonment for a period not to exceed 90 days or
both.
Sec. 4. Effective Date. This ordinance coati take effect 15 days after its
publtcatian.
Adopted -b ttib`City Crbuncit'Decerab'er 7,1981. ' PHYLLIS McQUAID
Mayor
Attest: -
EARL E. HANSON
City Clark
Reviewed for administration:
JAMES L. BRIMEYER
City Manager
Approved as to form and legality:
City Attorney
(Dec. 16 1981) -SLP
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