HomeMy Public PortalAbout2103-1965 - Regulating theInspection of Certain Establishments and Providing Enforcement (2)OTWIM "DICE KO. 2103-1965
AN ORDIiIANCE DEFLMiG FOOD i-1ARKBT F:QD, Ei%PLOYI;E, UTENSIL, PERSON, IIEAL`i'Ii OPPICI:R,
A14D OTHEE11 ITE1.0; REQUIRING PEEIMITS, LICENSES, LICE14SE FEES FAR THE OPERATION OF SUCH
ESTABLISIRIGMTS:;' PROHIBITING TIE SALT, OF ADULTF °SATED, , OR i;II513ttW1DED FOOD;
REGULATING THE LISPECTION OF SUCH ESTIIBLISIiN NTS; PROVIDING FOR TIM ENFORCEIZENIT O
TJ, IS ORDI LIANCE; AI4D FIXI-16 PErIALTIES.
BE IT ORDAINED by the Concon Council of the City of Richmond, Indiana, that:
SECT10I3 I. DEFI?JITIOUS. The following definitions shall apply in the interpretation
and enforcement of this ordinance:
A. Food Markat -- The tern "Food Market" shall mean grocery, neat market, poultry
market, fish market, fresh fruit and vegetable rmrket, delicatessen, confectionery,
candy kitchen, nut store, bakery store, or any other establislMent, whether fixed or
movable, where food, intended for human consumption off the premises, is ranufactured,
produced, stored, prepared, processed, handled, transported, sold or offered for sale
provided, however, the terra "Food MT rket" shall not include any duly licensed restaurant.
B. Food -- The terra "Food" as used herein shall include all articles used for
food, drink, confectionery, or condiment, whether simple, nixed or compound, and all
substances or inr7redients used in the preparation thereof.
C. Enn -- The term "Employee" shall mean any person who handles food during
its preparation or sale, or who comes in contact with any utensil or equipment in which
food is prepared or stored, or who is employed in a room or place in which food is
prepared, processed, displayed or sold.
D. Utensil -- The terra "Utensil" shall include all containers.. or any equipment
of any kind or nature with which food comes in contact after delivery to a food market,
during storage, preparation, processing, display or sale.
E. Health Officer -- The tern "IIealth Officer" shall mean the health authority
having jurisdiction in the City of Richmond, or his authorized representative.
F. Person -- The terra "Person" shall mean, but not limited to, any individual,
partnership, co —partnership, firm, conpasly, corporation, association, joint—stock
company, trust, estate, or municipality, or his or its legal representative ar agent.
SECTION II. PERITIITS.
A. Permits -- It shall be unlawfaul for any person to operate a food L-iarket in the
City of Richmond., who does not possess a valid permit from the health officer. Such
permit shall be posted in a conspicuous place in such food market. Only persons who
comply with the applicable requirements of this ordinance shall be entitled to receive
and retain such a periai_t, provided, however, that compliance with Section III shall
not be required until six nontiis after the passage of this ordinance. The -,permit for
a food market shall be for a terra of one year beginning January 1st and e:Tirin,r-;;:December
31st of the same year and shall be renewed annually. Any permit issued by the health
officer shall contain the name and address of the person to whom the permit is granted,
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 narket operated or to be operated
by any person. A pernit 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 food market 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" ee -- It shall be unlawful for any person to operate a
food market in tho City of Richmond, who does not possess a valid license for the operation
of such estalylishment. The license shall be for a terra of one year beginning January lst
and expiring December 31st of the same year and shall be renewed annually.
Such license shall be provided by the city controller, if there is presented
at his office a valid permit frou the health officer, with the paYnent of a license and
inspection fee based upon the square footage of the area used by said food market for
storage, processing;, display, and/or sales of such iurket's merchandise, as follows:
` f
Page 2.
License Fees
Up to 5,OOO Square Feet--------- 5.Q0
Over 5, 000 Square Feet------- a10.00
or, a fee equal to one-half (-2) of the above amount if the application for license is
made,on or after July lst of any year.
A separate license shall 'be required for each food market operated or to be operated
by any person.
C. License and -License -Fee ExQ tion -- Mobile food markets owned by a person
operating a food market which is licensed under the provisions of this ordinance, and
possessing a valid permit from the health'officer to operate such a food market, shall
be exenpt from the provisions of Section 11B of this ordinance.
SECTION III. MUNI10Y, SANITATION REQUI`Z1,F_-:NTS FOR FOOD iui`�KETS.
iA11 food narkets shall comply with the minimum sanitation requirements specified
by the Indiana State Board of Health as now provided in its regulation RFD 19 or as
the same may be hereafter changed or amended. Such regulation and any changes and
amendments thereto which nay be hereafter adopted or promulgated are by reference
incorporated herein and made a part hereof, two copies of which are on file in the
office of the city health department of Richmond, Indiana, for public inspection.
SECTI011 I'J. SALE, EXAMINATIONT, AND CONDEIZIATIOD OF UNk1 1OLESO,'-1E, ADULTE`'�AT,,D O-A IMIS-
DRANDED FOOD.
It shall be unlawful for any person to sell through a food market any food which
is unwholesome, adulterated or misbranded.
Samples of food may be taken and examined by the health officer as often as may
be necessary to determine freedom from unwholesomeness, adulteration, or misbranding.
The health officer may, on written notice to the owner or operator, impound and forbid
the sale of any food Which is unwholesome, adulterated, or misbranded, or which he
has probable cause to believe to be unwholesome, adulterated or misbranded. The health
officer may cause to be removed or destroyed any food which :in his opinion is unwfiolesome,
adulterated or misbranded; provided, that in the case of misbranding which can be"oorrect-
ed by proper labeling, such food may be released to the operator for corredt labeling
under the supervision of the health officer or his authorized representative.
SECTION V. DISEASE CONTROL.
A. DISEASE CONTROL -- No person who is affected with any disease in a commuli.cable
form &r is a carrier of such disease shall work in any food market, and no food market
shall employ any such person or any person suspected of being affected with any disease
in a communicable form or of being a carrier of such disease. If the food market
manager suspects that any employee has contracted any disease in a communicable form
or has become a carrier -of such disease, he shall notify the health officer immediately.
B. Procedure When Infection Suspected -- 14hen suspicion arises as to the possibility
of transmission of infection from any food market employee, the health officer is author-
ized to.require any or all of the following- measures:
1. The immediate exclusion of the employee from all food markets.
2. The iruediate closing of the food market concerned until no
further danger of disease outbreak exists in the opinion of
the health officer.
3. Adequate medical examination of the employee and of his associates
with such laboratory examinations as may be indicated.
SECTION VI. INSPECTION OF FOOD MAt ETS.
A. Frequency of Inspection --- At least once each three months the health offic
shall inspect each food market or his authorized representative for which a permit i
required under the provisions of this ordinance.
B. Procedure 'A.en Violations Noted -- If, during the inspection of any food me
the health officer discovers the violation of any of the sanitation requirements in
Page 3.
Section III or IV of this'ordinance, he shall issue a written order listing; such
violations to, the proprietor or, in his absence, to the, person. in -charg6,,4 and fixin:r,
a tine wi thin which the said proprietor or 'said food iata..rket, shall abate and remedy such .
violations. A cony of the written .order shell be filled with tine records of the health
department.
C. Author. ity to Ins-D6ct rand to Cory Records --.-The person Operating the food
market shall, upon the 'request .of the health ' officer; perrat such health officer or
his authorized representative access to all parts of such food ma.r le.t and shall perzii,t
copying any or all records relative to.the enforcement of'this. ordinance.
D. ??a.nal Inspection -Prosecution, _or_Hearinp' for Viola brs <-- If, upon a second
d f1i ' inspection, ' the .health officer finds that. such food •market, •person, or employee
is violating any of the provisions of this ordinance which were in violation on the
previous inspection, and concerning; witch a; • i,'mitten order eras issued, tho' health officer
shall furnish evidence of the violation to the prosecutor having 'jurisdiction is the
city in which the violation occurs, and he.shall prosecute all persons violating; said .
provisions of this ordinance; or the health officer.r-y promptly issue a'w:iritten order
to the perzrattee of such food z-azirket to appear at a certain time, - ho, later than- ten
days from the .date of final inspection., and at a place in said county .Fixed in said
order to shod cause why the permit issued •under the provisions of Section 11A should
not be revoked.
E. {evocation of P ernit - The'health officer upon such hearing if- the Dezvaittee
should fail to show cau.,se, shall• revoke said permit .and promptly dive i-iritten' notice of
such action to the perraittee. _The health,.officer. icer. shall imintain a permanent record
of his proceedings filed,.in the office of the health department.
F. (Lugpension of Permit Any perrllt issued under this ordinance may be temporarily
suspended by the 'health officer without notice or hearing for d period not to exceed
30 days, for any of the following reasons:
1. Unsanitary or other conditions- i•ihich in the health officerts opinion
endangers the public's health-
2. Interference with the health officer or any of his •authorized
representatives Ln•the performance of their duties;
provided, however, that upon written application froL.1 the permttee.,•served upon the
health officer within ,15 "days-' after such. suspension; , the health officer shall conduct
a hearing upon the matter after giving at least 5 days'.-viritten notice of the time, place,
and purpose thereof- to . the suspended permittee; • provided furthe_ , that any such suspension
order shall lie issued by .the health officer in writing and served 'upon the perrnittee
Say leaving copy at his usual plscd of business or, -by delivery, of Registered or Certified
Mail ,to such address.
G. Reinstatement of Permit -- try person whose permit has been suspended 1147 at
any time make application to the•health officer for the reinstatement of his permit.
SECTION VII.-. PENALTIES.
Any person who violates the .provisions -of Section 11A or 11B of this ordinance
shall be deemed guilty of a madeameanor and shall., upon conviction, be punished by a'
fine of not more than three hundred dollars (r300) for. the first offense, and for the
second and each subsequent offense y'a fine of not more than three hundred dollars
0300) to wrh:ich may be'added 'ifaprisonm.ent for any determinate period not exceeding six
(6) months. Each da'y,of operation of a food r'aarket in. violation -of Section 11A. or 11B
of this ordinance shall constitute a distinct and separate=offense.
SECTION -VIII. Exclusion and Unconstitutionality Clause.
.A.The provisions of this -ordinance shall not apply to any religiatts, charitabl®,
fraternal or social orgdnization,, association, corporation, group or agency which nay at
any time manufacture, produce., store, prepare., prpcess.,.-handle, transport, sell or offer
for sale food as the term food is herein defined.
B. Should any section, paragraph, sentence, .cla-L.se,:. or. phrase, of this ordinance be
declared unconstitutional, or invalid for, any reason the remainder of said. ordinance shall
not:be af. ected thereby.
SECTION Iyi. This ordinance shall 'be in full force and effect from and after its _ passage
and approvsl'by the Mayor and publication. as by law required.