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HomeMy Public PortalAbout2240-1966 - Defining food-service establishmentsORDINANCE NO.2240-19444, An ordinance defining food -service establishmentg mobile food -service establishment, temporary food -service establishment, food) employee, utensilv health officert and other items; requiring permits, licenses, license fees for the operation of food -service establishments9 mobile food -service establishments, and temporary food -service establishments; prohibiting the sale of adulterated, unwholesome, or misbranded food; regulating the inspection of food -service establishments9 mobile food -service es- tablishments, and temporary food -service establishments; providing for the enforcement of this ordinance:; and fixing penalties. BE IT ORDAINED by the Common Council of the City of Richmond, Indiana, that; SECTION I. DEFINITIONS. The following definitions shall apply in the inter- pretation and enforcement of this ordinance: A. Adulterated and Misbranded -- The terms "adulterated and misbranded" shall have the meanings as provided in Article 5, Chapter 157, Acts of 1949, known as thP,Indiana Food, Drug and Cosmetic Act. B. closed -- The term "closed" shall mean -fitted together snugly leaving no openings large enough to permit the entrance of vermin. C. Corrosion -Resistant Material -- The term "corrosion -resistant material" shall mean a material which maintains its original surface characteristics under prolonged influence of the food, cleaning compounds, and sanitizing solutions which may contact it. D. Easily Cleanable -- The term "easily cleanable" shall mean readily accessible and of such material and finish, and so fabricated that residue may -'be completely removed by normal cleaning,methods. E. EmRloVee -- The term "employee" shall mean any person working in a food -service establishment who transports food or food containers, who engages in food'preparation or service, or who comes in contact with any food, food utensils or equipment. F. Equipment -- The term "equipmeint" shall mean all stoves, ranges, hoods, tableso counterso food or utensil carts, refrigerators, sinks, dishwashing machines, steam.tablesl, and similar items, other than utensils, used in the operation of a food= service establishment. G. Food -- The term "food' shall mean any raw, cooked, or processed edible substances, beverage or ingredient used or intended for use or for sale in whole or in part for human consumption. . . H.**Food-Contact Surfaces -- The term "food -contact surfaces" shall mean those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back into food or onto surfaces normally in contact with food. 2 I. Food Processing Establishment -- .The term "food -processing es- tablishment',shall mean a commercial establishment in which food is processed or Otherwise prepared, packaged, ormanufactured for human consumption. J. Food -Service Establishment The term "food-be.Tvice establishment" shall mean any food -service establishmebt; restaurant; coffee shop; -cafeteria; short-order cafe; luncheonette; grill; 'tea room; sandwich shop; soda fountain; tavern; bar; cocktail lounge; night club; industrial feeding establishment; private, public; or non profit organization or institution,* a catering kitchen; a commis§ary or similar place in which food or drink is prepared for sale or for service on, the premises or elsewhere; and any other eating or drinking establishment or operation where food is served or provided for human consumption with or'without charge. The term "food -service establishment". however, shall not include a food establishment licensed by the State Board of Health or one that is known as a food market or vending machine. K. Health Officer -- The term "'health officer' shall mean the,health authority having jurisdiction in the City of Richmond, or his authorized representative. L. Kitchenware -- The term "kitchenware" shall mean all multi -use utensils other than tableware used in the storage, preparation, conveying, or serving of 'food. M. , Mobile Food -Service Establishment -- The term "mobile food -service establishment" shall mean any food -service establishment capable of being readily moved from location to location, one without a fixed location. N. Perishable Food -- The term "perishable food" shall mean any food of such type or in such condition as may spoil. 0.. Person -- The term "person" shall mean, but not limited to$ any individual) partnership, co -partnership, firm3,*companyq corporation, associ- ationg joimt-stock company, trust, estate, or municipality, or his or its legal representative or agent. P. Potentially Hazardous Food -- The term "potentially hazardous food" shall mean any food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other food capable of supporting growth or infectious or toxigenic micro-organisms. Qa Safe Temperatures -- The term "safe teme5aturestIp as applied to potentially hazardous food, shall mean food temperatures of 450F., or belowt and 1400F. or above. P. Sanitize — The term "sanitize" shall mean effective bactericidal treatment of clean surfaces of equipment and utensils by 6 process which has been approved by the health officer as being effective in destroying micro- organisms, including pathogens. 3. S. Sealed -- The term "sealed" shall mean free of cracks or other openings which permit the entry or passage of moisture. T. Single -Service Articles -w- The term "single -service articles" shall mean cups$ containersq, lids, or closuresq Plates$ knivest fork, spooms9 stirrers, paddles, straws9 place mats, napkins, doilies, wrapping materials, and all similar articles which -are. constructed wholly or in part from paper, paperboard, molded pulp, foil, woodg plastic, synthetic, or other readily destructible materialsp and which are intended by the manu- facturers and generally recognized by the public as for one usage only,, then to be discarded. 1, U. Tableware -- The term "tableware" shall mean all multi -use eating and drinking utensils, including.flatware�(knives, forks, and spoons), V.- Temporary Food-Zervice, Establishment -- The term "temporary food - service establishment" shall mean any food -service establishment which operates for a temporary period of time, not to exceed two (2) week s9 in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering; ' W. Utensil ' -- The term "utensil" shall mean any tableware and kitchen- ware used in. the storage, preparation, conveying or serving of food. X. Wholesome -- The term "wholesome" shall mean In ' sound condition, clean, free from adulteration, and othexwis6 suitable for use as s human food. SECTION II. PERMITS A. Permits -- It shall be unlawful for any person to`operate a food sex -vice establishment in the City of Richmond'v Indiana, who does not possess a valid pe:,mit from the health officer. Suqhp!ermit shall be posted 1n.a conspicuous place in such foodservice establi:shment,. mobile food- service ervice establishment or temporary food -service establishment. Only persons who comply with the applicable requirements'of.this ordinance shall be entitled to receive and retain such a "permit. The permit for a.fbod­service establisk-- ment and a mobile food-service'establistulent.shalI be for a term of one year beginning January 1st and expiring December 31st of the same year and shall be renewed `annually., The permit for a temporary fodd-service establishment shall be for the term of one continu&us operation. Any permit issued by the health officer shall..contain the name and address of the person to whom the permit is grantedt the address of -the premises for which -the same is issued, and such other pertinent data as may be required by the health officer. A separate permit shall be required for each food -service establishmentp mobile food -service establishment,or temporary food -service establishment 4 operated or to be operated by any person. A permit issued under this ordinance is not transferable. A permit shall be issued to any person on application after inspection and approval by the health officer; provided, that the fbod-service establish- ments, mobile food -service establishment or temporary food -service establishment complies with all the applicable provisions of this ordinance. No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds. B. License and License Fee -- It shall be unlawful far any person to operate a food -service establishment or mobile food=service establishment in the City of Richmond, Indiana, who does not possess a valid license for the operation of such establishment. The license shall be for a term of'one year beginning January lst and expiring December'31st of the same yeari'and shall be renewed annually. Such license shall be provided by the City Controller of the City of Richmond, Indiana, If this is presented at his office a valid permit from the health officer together with $5.009 or with $2,.50, if the application is made on or after July lst. Any person who desires to operate a,temporary food -service establishment in the City of Richmond,, Indiana shall after securing a permit from the health Officer, obtain from theC ity Controller of Richmonds, Indiana, a license for a temporary food -service establishment. Such license shall be provided by the City Controller of Richmond, Indiana, if there ia-prps-ented at his office a valid permit from the health officers, together with $3.009 for each day of operation., not to exceed $16.00, for any one continuous operation. I A separate license shall be required for each food -service establishments mobile food-servi6e establishment or temporary food -,service establishment operated or to.be operated by any person. A license issued under this ordinance is.not transferable.. These, fees shall be collected by the City Controller of the City of Richmondq Indiana and receipted into a City Health Fund; said fund shall be disbursed (semi-annually) to the Treasurer of Wayne County, Indiana and. receipted'into the Wayne County Health Fund for services reddered in enforcing this ordinance. GO License and Fee Exception No license shall be required and no license fee shall be paid for food -service establishments, mobile food - service establishments or temporary food -service establishments operated,. by religiousq educAionals, or charitable organizations.,,Howeveri such e6t- tablishments shall comply with the other provisions of Section IIA of this ordinance. r 5 SECTION III. MINUMUM REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS All food. -service establishments9 mobile food -service establishmentso and temporary food -service establishments shall comply with the minimum requirements specified by the Indiana State Board of Health as now provided in its Regulation HFD 17 or as the same may be hereafter changed or amended. Such regulation and any changes and amendments thereto whichmay be hereafter adopted or promulgated are by reference incorporated herein and made part hereofq two copies of which are on file in the office of the City of Richmono.,, Indiana, for public inspection. SECTION IV. SALE, EXAMINATION, AND CONDEMNATION OF UNWHOLESOME, ADULTERATED OR MISBRANDED FOOD It shall be unlawful for any person to sell through a food-service'estab- lishment, mobile food -service establishment or temporary food=service establish- ment any food 'which is unwholesome, adulterated or misbranded. t Samples of food may be taken and examined by the health officer as often as may be necessary to determine freedom from contamination, adulteratilon,°.' or misbranding. The health officer may, on written notice to the owner or;�, operator$ impound and forbid .the sale of any Pood which is unwholesome, adulterated, or misbranded, or which he has probable cause to believe is d I unfit for human consumption, unwholesome, adulterated or misbranded; provied$,( that in the case of misbranding which can be corrected by proper labeling, such food may be released to the operator for correct labeling and er the supervision of the health officer. The health officer may also cause to be - removed or destroyed any dairy product, meat$ meat product, seafopd, poultry, poultry product, confectioheryg bakery product, vegetableg fruit or other perishable articles which in his opinion are unsoundp or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe. SECTION V. INSPECTION OF FOOD SERVICE ESTABLISHMENTS A. Frequency of Inspection -- At least once each six months the health officer shall inspect'each food -service establishment and mobile food - service establishment for which a permit is required under the provisions of this ordinance. B. Procedure When Violations Noted -- If during the inspection`of any food -service establishmeht or mobile food -service establishment the�health officer discovers the violation of any of the requirements in.Sebtion III of this ordinance, he shall issue.a written order listing such violations to the proprietor or, in his absenceg to the person in ch6rgei and fixing a time within which the said proprietor of said food -service establishment or mobile food -service establishment shall abate and remedy such violations. A copy of the written order shall be filed with the records of the health department. Ai R C. Authority to Inspect and to Copy Records -- The person operating the food -service establishment or mobile food -service establishment shall$ upon the request of the health officers permit such health officer or his authorized representative access to all parts of such food -service establishment or mobile f6od-service establishment and shall permit the health officer or his:, authorized representative to collect evidence and/or exhibits and to copy any or all records relative to the enforcement of this ordinance. D. Final Inspection -Prosecution orHearingforViolators -- If upon a second and final inspectionthe health officer finds that such food -service establishment or mobile food -service establishments persons or employee is -violating any of the provisions of this ordinance which were in violation.on the previous inspections and concerning which a written order was issuedv the health officer shall furnish evidence of the violation to the prosecutor having jurisdiction in the county in which the violation occurs, andhe shall prosecute all persons violating said provisions of this ordinance; or the - health officer may promptly issue's written order to the permittee of such food -service establishment to appear at a certain times no later than ten daysanfrom the date of final inspections and at a -place in said county fixed in said order to show cause why the permit issued under the provision of Section IIA should not be revoked. E., Revocation of Permit -- The health officer upon such hearings if the peimittee should fail to show causes shall revoke said permit and - promptly give wiftten notice of such action to the permittee. The health, officer shall maintain a permanent record of his,,proceedings filed in the office of the health department. F. Suspension - of Permit ' -- Any permit issued under this ordinance may be temporarily suspended by the health officer without notice or hearing for a period of not to exceed 30 days, for any of the following reasons,. 1. Insanitary or other conditions which in the health officer"s opinion endangers the'public's health; 2. Interference With the health officer or any of his authorized representatives in the performance of their duties; I provided's howeverp that upon written application from the permitteet served upon the health officer within 15 days after such suspensions the health officer shall conduct a hearing upon the matter after giving at least 5 days, written notice of the times place's and purpose thereofto the suspended permittee; providedg furthers that any such suspension order shall be issued by the health officer in writing and served upon the permittee by leaving a copy at his usual -place of business or by delivery of Registered orCertified Mail to such address. G. Reinstatement of Permit Any person whose permit has been suspended may at any time make application to the health officer for the reinstatement of his permit. 7 SECTION VI. INSPECTION OF TEMPORARY FOOD SERVICE ESTABLISHMENTS A.Frequenby'of Inspection -- At least once in each twenty -''four hour. period tho'health officer shall inspect each temparary food -service est- tablishment for which a permit is required under the provision of this, ,ordinance. B. Piocddure to Follow When Any Violation Noted -- If during the inspection of any temporary fo6d-service establishment the health officer discovers the violation of any of the requir6mentd,in Section III ofthis ordinance, he shall order the immediate correction of the violation. C. ',Authority to Inspect and to'Co2y Records -- The person operating the temporary food -service establishment shalI9 upon the request of the , health officer, ficer, permit such health officer or hisauthorized representative access,to all parts,of the temporary food-seivice establishment and.shall permit collecting evidence and/or exhibits and copying any or all records relative to the enforcement of,this ordinance., D. Revocation of Permit and Penalties for Continued Operation -- Upon failure of any person maintaining.or operating a temporary foodFservice establishment to comply with any order of the health officer; it shall be the duty of the health officer summarily -to revoke the permit of such person and establishment and to forbid the'further-sale or serving of food therein. Any person continuing to sell or s erve food in such temporary food -service establishmentg the permit of which has been revokeds-shall be subject to the penalties provided in Section VIII of this ordinance. SECTION VII. APPROVAL OF PLANS I All''food-service establishmentd and mobile food -service establishments which are hereafter constructed or altered shall conform with the applicable requirements set forth in Section III of.this ordinance. Properly prepared plans and specifications shall be submitted to and approved by the health officer as may be required before starting any construction work.' SECTION VIII. PENALTIES Any,person who violates any of the provisions of this ordinance shall be deemed guilty of -a misdemeanor. On conviction the violator shall be punished for the first offense by a fine of.not more than three hundred, dollars ($300), and ' for the second and! each subsequentoffense by.,a fine of -not more than three hundred dollars ($300) towhich may be added imprison- ment for any determinate period not exr;I­e6ing six.(6) months. Each day of operation of a­foodservice establishment, mobile food -service establishment or temporary food -service establishment in violation of Section I! of this ordinance or: after the expiration of the time limit for abating insanitary conditions andcompleting improvements toabate such conditions as ordered by the health officer shall constitute a distinct and separate offense.; 1� SECTION I)[.. UNCONSTITUTIONALITY CLAUSE Should any section) paragraph, sentencep clause, or phrase of this ordinance be declared unconstitutional, or invalid for any reason the remainder of said ordinance shall not be affected thereby. SECTION X. REPEAL AND DATE OF EFFECT A. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and this ordinance shall be in full force and effect from and after its passage and its publication as provided by law. PASSED by theCommon Council of the City of Richmond, Indiana, this. /T-�,-day of -_v1966. /52 & dent of Common Couintil' Attest: 76 1 ty Clerk PRESENTED,by me, Athe J. Reeg City'Clerk to the Honor-ab Mayor$ Edward L. Cordell, this_Z _day 'of _,1966. City Cle -`7 APPROVED b M Edward L. Cordell, M./,T-1 Mayor of the City of Richmond, Indiana thiii( day of Y;/F.A 1966. Mayor 7 Attest* City Clerk 1 Y