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HomeMy WebLinkAboutOrdinance - 250 - Providing for Licensing of Food Establishments and Setting Health Standards for Food Handling - 02/15/1974 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 250 AN ORDINANCE PROVIDING FOR THE LICENSING OF FOOD ESTABLISHMENTS AND SETTING HEALTH STANDARDS FOR FOOD [IAI"U'LING Section 1. Definitions. The following definitions shall apply in the interpretation and enforcement of this Ordinance and the following words and terms wherever they occur in this Ordinance are defined as follows: } (a) Adulterated Food shall mean any food which (a) consists in whole or in part of any filthy, putrid, decayed, or decomposed substance, or consists in whole or in part of the produce of a diseased animal which has died by accident, disease, or otherwise than by slaughter; (b) is contained in an immediate package which is composed of any poisonous or deleterious substance which may render the contents in- jurious to health; (c) bears or contains any poisonous or deleterious substance which may be injurious to health, provided, however, if such food bears or contains poisonous or deleterious substance added thereto or found therein for which a safe tolerance or standard has been es- tablished by lawful regulation, or law, and if such deleterious sub- stances are not in excess of such tolerance or standard, such food shall not be adulterated. Y (b) Food Handler: The term food handler as used in this Ordinance shall mean any person who handles, prepares, or serves food or drink or comes in contact with any eating, cooking, or drinking utensil or equipment in the course of his employment in any food establishment. (c) Bakery Food Vehicle shall mean any food vehicle used to transport bakery goods about the streets of the City for the purpose of sale of such goods from door-to-door. (d) Catering Food Vehicle shall mean any food vehicle used to transport any food from its point of preparation to a point where the food is served from the vehicle to the consumer, or any food vehicle wherein food is prepared for sale or service to the consumer. (e) Clean shall mean free from physical , chemical , and microbial substances I cs ernible by ordinary sight or touch, by ultraviolet light, by artificial light, and the saffranine-o dye test and free from insects, vermin and debris. (f) Employee shall mean any person who renders a personal service, with or wit out compensation, within a food establishment. (g) 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. The term "food" shall further include, but not be limited to, ice and water. x . Ordinance No. 250 Page Two (h) Food Contact Surfaces shall mean those surfaces of the equipment and utensils with which food normally comes into contact and those surfaces with which food may come in contact, except by spill , and surfaces which drain back onto surfaces in contact with food. (i) Food Establishment shall mean any building, room, stand, enclosure, ve is e, space, area, or otherpiace 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. (j) Food Vehicle shall mean any food establishment consisting of a mobile veh ET w Bch hauls any food for the purpose of delivery or sale. (k) Health Authority. shall mean the City Health Officer of the City of Eden Prairie, or his authorized representative. (1 ) Home Prepared Food shall mean any food which has been processed or prepared in a private home not licensed under this Ordinance. (m) Itinerant Food Establishment shall mean a food establishment operating for a temporary period, including, but not limited to, a fair, carnival , circus or public exhibition. (n) Misbranding shall mean the use of any written, printed, or graphic matter upon or accompanying food or containers of food, which violates any applicable local , State, or Federal labeling requirements. F (o) Perishable Food shall mean any food or beverage other than (a) foods which are in ermetically sealed containers processed by heat to pre- vent spoilage, or (b) dehydrated, dry or powdered products so low in moisture content as to preclude development of micro-organisms. (p) Pre-Packaged Food shall mean clean, unadulterated, wholesome food packaged in a substantial , clean container or wrapper. ;r (q) Readily-Perishable Food shall mean any perishable food consisting in whole or in part of mi k, milk products, eggs, meat, fish, poultry, or any other food capable of supporting rapid and progressive growth of micro-organisms which can cause food infection or food intoxication. (r) Readily-Perishable Food Vehicles shall mean any food vehicle, except catering food vehicles and bakery food vehicles, which is used to trans- port readily-perishable foods as herein defined within or into the City of Eden Prairie for delivery therein. (s) Retail Candy Shop shall mean a food establishment where unwrapped candy, not manufactured therein , is sold or offered for sale to the consumer. Ordinance No, 250 Page Three (t) Retail Candy Outlet shall mean a food establishment where wrapped candy is sold or offered for sale, not through a vending machine, to the consumer. (u) Safe Water shall mean water which is not adulterated and which is free from pathogens and col i form organisms. (v) Safe Water Supply shall mean a source of safe water from either the munic pal water system or a source of water, the operation, location, and construction of which are in conformance with the standards of the Minnesota State Board of Health. (w) Single-Service Utensils shall mean all utensils which are meant to be used only once and�en discarded. (x) Smooth shall mean having an even surface free of cracks, chips, open seams, rust, corrosion, breaks, pits , checks, and ridges. Smooth, when used with reference to equipment and utensil surfaces, shall mean a surface which, in the case of stainless steel nickel alloy or other corrosion resistant metal , has at least a No. 4 mill finish; or in the case of cast and forged steel and cast nickel alloy, has a roughness not exceeding American Standard No. 125; or in the case of other non-corrosion-resistant alloys , is at least as smooth as commer- cial grade cold rolled steel and is free of loose scale. (y) Utensils shall mean all kitchenware, tableware, dishes, glassware, cutlery, pots, pans, containers, implements, or other equipment with which food comes in contact during storage, cooking, preparation, dis- play or serving. a (z) Wholesome shall mean sound, healthful , clean , unadulterated, and in all ways fit for human food. (aa) ARproved shall mean acceptable to the Health Authority in conformance with appropriate standards and good public health practice. Section 2. 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 Eden Prairie unless a license, or licenses if more than one is required, of the type applicable described herein shall have been obtained therefor pursuant to this Ordinance, from the City Council . Except, any person who has a license from the Commissioner of Agriculture pursuant to the provisions of Chapter 756 of the Minnesota Laws of 1967, and not having a plant located in the City or delivery equipment principally located in City, shall be exempt from the provisions of this Ordinance. The food es- tablishments to be licensed are as follows: y v (a) Catering Food Vehicle License. (b) Bakery Food Vehicle License. (c) Readily-Perishable Food Vehicle License - General . Ordinance No. 250 Page Four (d) Readily-Perishable Food Vehicle - Fleet License. A person operating or engaging in the business of operating more than one readily-perish- able food vehicle may instead of licensing each vehicle under Section 2(c) , 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 Eden Prairie fails to meet the standards required by this ordinance. (e) Retail Candy Shop License. (f) Retail Candy Outlet. (g) Itinerant Food Establishment License. (h) 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 Eden Prairie unless a license shall have been obtained, therefor, provided, however, that licenses of catering food vehicles, bakery catering food vehicles, readily-perishable food vehicles, retail candy outlet, retail candy shop, or itinerant food establishments shall be required to obtain only the type of license hereinbefore specified, Food establishments , for license purposes , are, in addition to the above named categories provided for in subdivision (a) through (g) , divided into three categories or classifications: A. Major food establishment which consists of: restaurants; so-called supermarkets; food manufacturing, packaging and processing plants; bakeries and all stores selling food or food products and employing more than four persons. B. Snack bar, soft drinks and packaged products. This classification applies to places where food or food products are sold at retail in the original container or in a pre-packaged form. C. Other food establishments. This classification applies to estab- lishments not included within the other categories and includes bakeries and stores not regularly employing more than four persons and includes ice cream sales establishments and establishments selling non-intoxicating malt beverages on-sale. ; Section 3. Display of License. Such licenses shall be conspicuously displayed at all times in all licensed food establishments. All food vehicles shall be identified with the name and location of the licensee prominently displayed on each side. When deliveries are made by other than the licensee, the phrase "Readily-Perishable Foods" shall appear on each side of the vehicle in addition to the name of the delivering agent, Ordinance No. 250 Page Fi ve S'e,tion 4. Fee Exemptions License Required. Food establishments in governmental sub- ivisions, Charitable institutions, Houses of Worship, homes for the aged , child-care homes, schools, charitable and non-profit hospitals, and employee coffee shops, 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 re- quirements of this ordinance. Section 5. No License Required. Persons owning or operating food vehicles for which a 1 i cense is not required by this ordinance, shall not be required to apply d for a license pursuant to this ordinance, but shall be subject to all other requirements of this ordinance. Section 6. Application, Issuance Maintenance and Administration. The application or such icenses shall be made on forms urnis e y the City Clerk and shall set forth the general nature of the business, the location, and such other information as the City Council shall require, and such A application and issuance of such licenses and their maintenance, termination { and administration shall be in accordance with and subject to general re- quirements as are, or may hereafter be established by the City Council . x Section 7. Sani tar Surve s Outside the Corporate Limits of the City of Eden Prairie. The Health Authority may make sanitary surveys of food establishments situ- ated outside the corporate limits of the City of Eden Prairie which sell or offer for sale, or distribute any food to persons licensed under this ordinance by the City of Eden Prairie. The fees for such inspections shall l be equal to the total of the actual cost of salary paid the Health Authority by the City of Eden Prairie for the number of hours necessarily spent in each such survey, and the cost of transportation incurred or expended by the Heal th Authori ty for mi 1 eage at the rate of 10 cents per mi 1 e actual ly travelled from the City Hall or last place of such survey, whichever is . less, and returning to the Eden Prairie City Hall . The City Health Authority shall report cost of such surveys 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 Eden Prairie. If said licensee fails to pay for inspection costs within ten days after re- ceipt of said statement his license may be revoked. Such surveys made in excess of a 50-mile radius of the Eden Prairie City Hall shall not be made r unless authorized by the City Manager. In lieu of making inspections beyond the corporate limits of Eden Prairie, the Health Authority may accept the reports of other governmental food sanitation regulatory agencies. ?" Section 8. Sanitary Surveys of Food Establishments. The Health Authority shall conduct sanitary surveys of every food establishment as frequently as he may deem necessary to insure compliance with the ordinance. 1 t. Ordinance No. 250 Page Six SL. i on 9. Posting. Each sanitary survey report shall be posted by the Health Authority upon an inside wall of the food establishment, not in a public area, and such survey report shall not be defaced or removed by any person, except the Health Authority. The posting of the survey 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 t4 lieu of posting such report, deliver it to the licensee or his authorized agent. Another copy of the inspection report shall be filed with the records of the Health Authority. Section 10. Access to Premises and Records. The person operating the food establishment sha 1 , upon request of the Heal th Authori ty, permi t access to al l parts of the establishment at any reasonable time for purpose of survey and shall exhibit and allow copying of any and all books of accounts, paper and records relative to purchases of food for purposes of ascertaining sources of foods. Section 11. Removal and Correction of Violations . Upon the posting in a food establishment or the delivery to the licensee or his authorized agent of a survey report which contains a notice of one or more violations of this ordinance, all licensees, owners, or operators shall correct or remove each violation in a reasonable length of time as determined by the Health Authority. The length of time for the correction or removal of each such violation shall be noted on the survey report. The failure to remove or correct each such violation ( within the time period noted on the survey report shall constitute a separate ° violation of this ordinance. ' Section 12. Examination Condemnation Tagging. Samples of food may be taken for examination by the Health Authority when reasonably necessary for the detection of unwholesome or adulterated foods. When the Health Authority has made a determination that any food is unwholesome or adulterated, or unfit for human comsumption, or has forbidden the sale or use thereof, such food shall not be used or sold, and shall , upon order of the Health Authority, x be removed or destroyed. When the Health Authority has ordered that any clothing, equipment or utensil in any food establishment is not to be used by reason of non-compliance with this ordinance or because of dirt, filth, extraneous matter, insects , corrosion, open seams or chipped or cracked surfaces , such item shall not thereafter be used. The Health Authority shall place a tag indicating such order on the item and it shall be unlawful for a any person to use such item while tagged or to remove the tag except under direction of the Health Authority. Section 13. Transport or Sale, Unhealthful Food Prohibited,. F r ' (a) No person shall transport within or into the City of Eden Prairie any food which is not wholesome or which is adulterated. (b) No person shall sell or offer for sale or hold in attempt to sell in C the City of Eden Prairie any food which is not wholesome or which is adulterated. Ordinance No. 250 Page Seven Section 14. Itinerant Food Establishments. Itinerant food establishments shall comply with all 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 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 sanitary survey, and the Health Authority shall immediately make a survey 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. Section 15. Sources of Food - General , All food in all food establishments shall be clean, wholesome, free 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 foods shall be kept or used in any food establishment, except that home prepared foods may be kept or used in schools and Houses of Worship. No food establishment shall sell or use any food or food product from a source which has been disapproved by the Health Authority. on 16. Source of Dairy Products. Milk and fluid milk products shall be Grade "A" and shall be served to the consumer in the individual , unopened, original containers in which they were -eceived from the distributor, or served from a bulk container equipped with a sanitary dispensing device, provided, however, that cream, whipped cream, or half-and-half may be poured from an opened original container or from a sanitary cream dispensing device for F use or service on the premises, provided, further, that milk served at hospitals and institutions may be served from one-quart or two-quare con- tainers packaged at a milk plant, and mixed milk drinks requiring less than one-half pint of milk may be poured from one-quart or two-quart containers packaged at a milk plant. The dipping or ladling of milk is prohibited, except for immediate cooking purposes, provided, further, that this section shall not apply to manufacturing or processing food establishments which make no sales at retail nor direct sales to consumers. Section 17. Source of Shellfish. No person shall have or keep in any food establishment any oysters, clams, mussels, or other shellfish from a source which has not been approved by the Minnesota State Board of Health or if the source is outside the state, from a shipper whose name is not on the current list of State Certified Shippers, issued by the United States Public Health Service, and such approval shall be evidenced by official stamp on the container. Shucked shellfish shall be kept in the original container until used. Oysters, clams, mussels, and other shellfish, if served on the shell , must be served in the original shell . f t r Ordinance No. 250 Page Eight Section 18. Source of Meat. All meat and meat products recieved, 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 identifi- cation is lost by reason of the processing thereof shall be identified by the name and location of the processor thereon. Ground beef products shall not contain more than thirty (30%) per cent fat by weight Section 19. Poultry and Poultry Products. All poultry and poultry meat products shall Be clean, wholesome, free from spoilage and adulteration, and shall be pro- cessed in a food establishment meeting the requirements established by state laws, rules and regulations. No broken out liquid or frozen eggs whether mixed or separated as yolks or whites , with or without salt or sugar added, shall be brought into, produced, held, sold or offered for sale in the City unless they have been pasteurized or treated so as to destroy all viable sal - monella microorganisms in accordance with the regulations promulgated by the ; Secretary of Agriculture of the United States pursuant to the authority con- tained in the Agricultural Marketing Act of 1946, 7 U.S.C. 1621 et seq. Col i form bacteria and fecal streptococci organisms may not exceed 100 per gram. In addition, no broken out liquid or frozen eggs shall be brought into the City r or received in any food establishment unless the container is labeled or marked with indelible ink to indicate the date when, the place where, the eggs were broken, together with the name of the owner of the egg breaking establishment or the name and address of the person from whom such eggs were broken out, z the word "pasteurized" and the inspection legend of the United States Depart- ment of Agriculture. l i Section 20. Source of Frozen Dairy Foods. All frozen diary foods, such as, but not limited to, ice cream, frozen custards, ice milk, milk sherbet, fruit or ice sherbet, and frozen malted milk, shall meet applicable state laws, rules and regulations . f Section 21. Food Protection. After delivery and while being stored, prepared, displayed , served, or sod in food establishments, transported between such establish- ments , all foods shall be protected against contamination from work surfaces s which are not clean, utensils which have not been given bactericidal treat- ment, unnecessary handling, flooding by sewage or drainage, coughs, sneezes, x overhead leakage, dust, flies, insects, rodents, and other vermin, or any other source of contamination. All perishable food shall be stored at such temperatures as will protect against spoilage, and all readily-perishable foods shall be kept at or below 40 degrees F. or at or above 150 degrees F. , except during preparation, provided refrigerated display cases may be maintained at a temperature of 45 degrees F. to prevent the formation of condensation. Foods shall not be stored in such display cases for periods exceeding four hours. Frozen food shall be kept at or below 0 degrees F. Ice cream may be field at a maximum of 10 degrees F. to aid dipping. Poultry and pork shall be throughly cooked before being served. Individual portions of food once served to the customer shall not be served again, provided, that wrapped foods, which have not been unwrapped and are still wholesome, may be re-served. The re- ` quirements for temperature, for the storage, for the display, and for the food """ Ordinance No. 250 Page Nine 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. Section 22. Toxic Materials. Poisonous polishing materials are specifically prohibited in all fo-o-Tpreparation areas used in connection with food establishment a operations, and only such other toxic materials as are required for sanitary y operations may be present in such areas . Toxic materials shall be obtained, identified, stored, and used only in such manner and under such conditions as will not contaminate food or constitute any other hazard. . Section 23. Health and Disease Control . No person while affected with any disease in a communicable form, or while a caries of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory or gastric intestinal infection shall work in any area of a food establishment in any capacity in which there is a likelihood of transmitting disease, and no owner or operator of a food establishment shall employ in such an area any person known or sus- pected of being affected with any such disease or condition. If the manager, owner, or operator of the establishment suspects that any employee has con- tracted any disease in a communicable form or has become a carrier of such disease, he shall notify the Health Authority immediately. 4 Section 24. Personnel Cleanliness. All persons working in food establishments shall wear clean outer garments, maintain a high degree of personal cleanliness, and conform to hygienic practices during all periods of duty. Hair nets, head bands, caps, or other hair restraints shall be used to keep hair from food, utensils, and equipment. All persons shall wash their hands thoroughly in an approved handwashing facility before start;ng work, and as often as may be necessary to remove soil and contamination. No person shall resume work after visiting the toilet room without first washing his hands. Section 25. Tabacc_or._ The use of tabacco in any form by persons engaged in handling, preparing, or serving food, or cleaning utensils and equipment, in a food establishment is prohibited at all times when such persons are on duty for such work, provided, that, designated locations may be approved by the Health Authority for smoking. Section 26. Required Equipment. Every food establishment shall be provided with eq0 p- ment, 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. Ordinance No. 250 Page Ten Section 27. Sanitary Design, Construction and Installation of Equipment and Utensils. (a) All new and replacement equipment and utensils shall be of such material , workmanship, and design as to be smooth ; easily cleanable; resistant to wear denting, buckling, pitting, chipping, and razing; and capable of withstanding scrubbing, scouring, repeated corrosive action of cleaning compounds, and other normal conditions and operations. Food contact surfaces shall be non-toxic. Food contact surfaces and surfaces which come in contact with food debris shall be readily accessible for clean- ing and inspection. (b) All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and of all adjacent areas , and shall be kept in good repair. Equipment in use at the time of adoption of this ordinance which does not fully meet the above requirements, may be continued in use only if it is kept in a clean and sanitary condition. (c) All equipment installed or placed in service after the passage of this ordinance shall comply with Standards 1, 2, 3, 4, 5, 6, 7 and 8, and C-1 and C-2, as amended, of the National Sanitation Foundation when appl i cable . Three copies of the above numbered Standards shall be kept on file by the City Clerk. Equipment not described or covered by such standards shall not be installed before it has been approved by the Health Authority. (d) Single-service utensils shall have been manufactured, packaged, trans- ported, stored and handled in a sanitary manner. Section 28. Cleaning, General Requirements. All utensils and equipment shall be thoroughly a Cleaned, and food contact surfaces of utensils and equipment shall be given bactericidal treatment and shall be stored in such a manner as to be protected from contamination. (a) Hot Water Bactericidal Treatment Method. 1. This method of bactericidal treatment shall consist of immersion for at least two minutes in clean, hot water at a temperature of at least 170 degrees Fahrenheit or for Pg minute in boiling water. A thermo- meter shall be kept in a convenient place near the facilities , for checking the water temperature. Pouring or spraying water over washed utensils or equipment is prohibited as a means of bactericidal .treat- ment, except in a spray cabinet or an automatic dishwasher. 2. Water used for bactericidal treatment of utensils and equipment shall at all times during business hours be kept at a temperature of at least 170 degrees Fahrenheit, and at all other times while utensils and equipment are being washed and given bactericidal treatment, the water shall be kept at a temperature of at least 170 degrees Fahren- heit. A three-compartment sink shall be used, with the first com- partment for washing, the second compartment for rinsing, and the ° third compartment for immersion in water at a temperature of at least Ordinance No. 250 Page Eleven 170 degrees Fahrenheit. The bactericidal compartment must be properly equipped with a heating unit or other means to maintain the specified temperature while in use. 3. Drai nboards shall be provided at each end of the sink. (b) Chemical Bactericidal Treatment Method. 1. All utensils and equipment shall be clean before being subject to bactericidal treatment by any chemical method. ;E v 2. Chemical solution once used shall not be re-used for bactericidal t treatment on any suceeding day. 3. Where chemical treatment is used, a three-compartment sink shall be required; the first compartment to be used for washing, the second for clear water rinsing, and the third for chemical immersion. 4. Drainboards shall be provided at each end of the sink. 5. The type of chemical compound, the concentration for use, and the length of time of exposure shall be approved by the Health Authority. (c) Mechanical Spray-Type Washing and Bactericidal Treatments. ' (, When mechanical spray-type washing operations are employed, all multi- use utensils and equuipment shall be pre-scraped, pre-flushed , or pre- soaked. Utensils and equipment shall be placed in racks or on conveyors in such a way that all food contact surfaces shall be subjected to un- obstructed wash and rinse water sprays. Detergents of a concentration which will render utensils and equipment clean shall be used at all times in the wash water. Wash water temperatures shall be at least 140 degrees Fahrenheit, except in single tank conveyor type machines in which the wash water temperature shall be at least 160 degrees Fahrenheit. Flow pressure of rinse water shall be maintained at all times at not less than 15 pounds nor more than 25 pounds per square inch . Recirculated rinse t water shall be maintained at a temperature of at least 170 degrees Fah- renheit. The temperature of the final rinse water shall be at least 180 degrees Fahrenheit at the entrance of the rinse spray arms of all machines while dishes are being washed. A recirculating line and acces- sory equipment shall be provided between the hot water heater and the automatic dishwasher if the Health Authority deems it necessary in order for the licensee to comply with the required water temperatures. Thermo- .f meters, which will accurately indicate the temperature of the wash and rinse water, shall be provided on all machines. (d) Oven Utensils and Equipment. Utensils and equipment which routinely go into ovens for baking purposes and which are used for no other purpose shall not be required to be given Ordinance No. 250 Page Twelve' bactericidal treatment, provided, however, such utensils and equipment } must be clean. (e) Large Equipment and Utensils . Large preparation equipment and utensils , including, but not limited to, kettles, mixers, grinders, and slicers, which exceed the capacity of the cleaning sinks or vats, shall be thoroughly cleaned, rinsed, and sub- jected to bactericidal treatment after the day's operation, after the completion of each meal , or after each use, by any of the methods in this ordinance described, or by spraying or swabbing with a chemical in a manner approved by the Health Authority. (f) Other Methods. Any other procedure or process may be used, provided the licensee shall submit to the Health Authority evidence showing in detail the procedure t or process and the effectiveness thereof, and, provided, such methods are approved by the Health Authority. (g) Storage. After bactericidal treatment, equipment and utensils shall be stored in a clean, dry place protected from flies, dust, and other contamination, and shall be handled so as to prevent contamination. Wet cold-storage of - g1asses or similar utensils is prohibited. All under-counter utensil storage compartments less than 18 inches from the floor shall be enclosed and shall be kept enclosed except during times of meal service. Enclosed automatic utensil elevators shall be accepted. Cups and glasses stored on shelves shall be inverted. Rack or tray stacking of glasses is permissible. Shelving shall be protected by easily cleanable, non-absorbent materials, paint, varnish or equivalent. (h) Storage - Ice Cream Dippers. Running-water dipper wells connected to a safe water supply and a sewerage system shall be provided for ice cream dippers and scoops at all locations or stations where bulk ice cream is dispensed. This requirement shall not apply in those situations where ice cream is being served at a tem- porary location; however, in such cases, containers of water used for ice cream dippers and scoops shall have the water therein changed at least every twenty minutes. (i) Single-Service. All single-service utensils shall be stored, handled, and dispensed in a sanitary manner. , and shall be used only once. f i Ordinance No. 250 Page Thirteen Seccion 29. 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, equip- ment, containers, or hands are washed, with the exception of food vehicles. Section 30. 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 are in accordance with Minnesota State Board of Health standards. With a private water supply system, the licensee in such case, shall , at his expense, make arrangements for chemical and bacteriological analysis of the water, and this analysis shall be done at intervals of not less than three (3) times each calendar year. When _ . the results of any analysis shall be unsatisfactory, the Health Authority shall require subsequent sampling and corrective measures in accordance with Minnesota Health Department Standards of April 1, 1960. A copy of each of these reports shall be submitted by mail directly from the laboratory to the Health Authority of the City of Eden Prairie immediately upon completion of the laboratory work. Section 31. Water - Cross Connections to Non-Potable Water Systems Prohibited. The safe water supply piping shall not in any manner be directly connected with any water supply system which is not safe. Any piping which conveys non-potable water shall be identified by color so that it is readily distinguished from t, piping which carries potable water. Section 32. Filling, Transporting, and Disposing Water From Containers. Water used for drinking purposes, which is not dispensed through the water supply pipes of the plumbing system, shall be safe water from a safe water supply, and shall. be placed in a container, transported, and dispensed in a sanitary manner. Section 33. 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 covered single service containers , or in covered utensils which are clean and which have been subjected to bactericidal treatment. Buckets, scoops, and ice containers, unless they are single-service utensils, shall be made of a smooth, impervious material and designed to facilitate cleaning. They shall be clean at all times, handled and stored when not in use in a sanitary manner. Canvas containers shall not be used. If ice-crushers are used , they should be easily cleanable. They shall be maintained in a clean condition and shall be subject to bactericidal treatment and shall be covered when not in use. Section 34. Sewage Disposal . All water-carried sewage shall be disposed of by means of the public sewage system of the City, if such system abuts the premises , provided, that when an individual sewage disposal system is required, it shall be constructed in compliance with the City ordinances, except on food vehicles, which dispose of their liquid waste into receptacles carried on the vehicle for that purpose. This waste ultimately shall be discharged into the public sewage system. a, Ordinance No . 250 Page Fourteen Section 35. Plumbing - General . 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 equipment, or create an insanitary condition or nuisance. Food service equipment, such as refrigerators , ice makers, and steam tables , shall not be directly connected to the sewer. Section 36. Toilet Facilities. Every food establishment with the exception of food veFicles shall e provided with conveniently located and approved water flush toilet facilities which are kept clean and in good repair and free from flies, insects, and offensive odors . Toilet fixtures and seats shall be of a sanitary design and readily cleanable. The doors of all toilet rooms shall be self-closing. Easily cleanable receptacles shall be provided for waste materials. When toilet facilities are provided for patrons, such facilities shall meet the requirements of this item. s Section 37. Lavatory - Required E ui ment. 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 lavatory facili- ties with hot and cold running water , hand cleansing compound, and single- ? service sanitary towels or hand-drying devices, provided, that in all new, or extensively altered food establishments, handwashing facilities shall be provided within all areas where food is prepared. Section 38. Garbage and Refuse Disposal . All garbage and refuse shall , prior to disposal , ' e kept in tight non-absorbent containers which shall be kept covered with close-fitting lids when filled, in storage, or not in continuous use, provided, that such containers need not be covered when stored in special insect and rodent-proofed room or enclosure or food waste refrigerator. All other refuse shall be stored in containers, rooms, or areas in an approved manner. Adequate cleaning facilities shall be provided, and each container, room, or area shall be thoroughly cleaned after the emptying or removal of garbage and refuse. Food waste grinders, when installed, shall comply with the plumbing ordinance. All garbage and refuse shall be disposed of with sufficient frequency and in such a manner as to prevent a nuisance. Section 39. Insect and Rodent Control . Effective measures shall be taken to prevent the entrance, breeding, or presence on the premises of flies, roaches, in- sects, rodents , and all other vermin. Section 40. Floors, Walls and Ceilin s. The floor surfaces in kitchens and in all other rooms an a�i n which food is stored or prepared, utensils are washed or stored, or garbage or refuse is stored, and in toilet rooms, dressing or locker rooms , and walk-in refrigerators, shall be of smooth, non-absorbent. Ordinance No. 250 Page Fifteen 3 materials, and so consturcted as to be easily cleanable, provided that the floors of dry food, non-refrigerated , storage areas need not be non-absorbent. All floors shall be kept clean and in good repair, and the use of sawdust and similar materials shall not be permitted except that a small amount of clean ground wood fibre may be used in those food establishments where uncooked meats are cut, boned, packaged or other wise prepared for sale at retail provided that such wood fibre is replaced at least once each working day; this exception shall apply only to those floor areas immediately under and around the saw k and working table where such uncooked meats are cut where blood, fat and scrap particles may fall to the floor. 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 necessary to prevent accident. 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. The walking and driving surfaces of all exterior 41. areas where food is served shall be kept clean, properly drained and finished so as to facilitate maintenance and minimize dust. The walls and ceilings of all rooms shall be kept clean and in good repair. All walls or rooms or areas in which food is prepared, or utensils or hands washed, shall have easily cleanable, smooth, washable surfaces up to the highest level reached by splash or spray and the walls and ceiling of such rooms finished with a light color. Section 41. Lighting. All areas in which food is prepared or stored, or utensils are washed, handwashing areas, locker rooms, toilet rooms, and garbage and refuse storage areas, shall be well lighted. All working surfaces shall be illum- inated at not less than 20-foot candles of lights. At least 10-foot candles of light shall be provided on all other surfaces and equipment. In storage areas, a minimum of 5-foot candles of light thirty inches from the floor shall be provided. Subdued lighting in dining rooms and public access areas is permissible, provided that lighting meeting the above requirements shall be available during all clean-up periods in dining rooms and access areas. Section 42. Ventilation. All rooms in which food is prepared or served, or utensils are washed, an3 toilet, dressing, and locker rooms , and garbage and rei use storage areas shall be well ventilated and shall be free of disagreeable or excessive odors, condensation, vapors , smoke and fumes, Air replacement vents shall be designed to prevent the entrance of insects, dust or other contaminating materials. All gas or oil fired room heaters and water heaters shall be vented to the outside of the building. (a) For rooms in which food is prepared or served the following provisions shall apply: .r Ordinance No. 250 Page Sixteen 1. Local Exhaust. Mechanical local exhaust ventilation shall be in- stalled at or over all fixed or mobile equipment which produces ry odors, grease or smoke, including equipment such as ranges, griddles, and deep fat frying units. 2. Inlets and Make-Up Air. Air inlets shall be provided which are of suTricient capacity to supply replacement of exhausted air, provided, further that the summary calculation for exhaust and make-up for the kitchen shall be supplied from the dining area. Air inlets and all ducts shall be located so as to provide a uniform air movement throughout all rooms and areas. Air inlets located on the outside of the building shall be located at least 10 feet off the ground, and shall not be located within 20 feet of plumbing vents or other exhaust vents. Deviation on location of air inlets may be authorized by the Health Authority if the licensee cannot reasonably comply with this provision and if the intent of this provision is substantially met. Inlets shall be equipped with filters which prevent the entrance of insects and excessive dust, dirt, or any other contaminating materials. 3. All Hoods. All hoods for food preparation equipment shall have welded or so erect joints that are grease tight and be free of any openings or holes. All hoods shall have grease collecting troughs under the filters which eliminate the dripping of grease from such filters onto food, utensils, or equipment. Metal pans shall riot be considered as a trough. All hoods shall be equipped with lot velocity filter grease removal systems. Such filters shall be installed at an angle of forty-five degrees to sixty degrees with the horizontal in the hood. A filter velocity of not less than two hundred nor more than three hundred linear feet per minute shall be provided at all times the hood is in use. Provided, however, any other grease removal process or equipment of equal effectiveness may be used provided the licensee shall submit to the Eden Prairie Health Authority evidence showing in detail the procedure or process and the effective- ness thereof. Installation of ventilation hoods shall not take place until written approval has been granted by the Health Authority. 4. Canopy Hoods. All canopy hoods shall overhang all cooking and baking equipment a minimum of 8 inches and shall be provided with a grease trough around the perimeter which eliminates the dripping of grease from such hood, onto food, utensils or equipment. Long hoods shall be provided with outlets on six food centers, and hoods with multiple outlets shall have manual air volume dampers. Clean-outs shall be provided in all duct work at ten foot intervals and at all ninety degree bends and shall be of sufficient size to allow cleaning for a distance of five feet on either side of such cleanouts. Cleanout covers shall be fastened in a manner to provide an air tight fit. t Ordinance No. 250 Page Seventeen 5. Canopy Hoods Exhaust Requirement. The quantity of air expressed in cubic feet per minute from all canopy hoods shall be determined from the following table: Air velocity in C.F.M. / Number of sides exposed sq. ft of hood openings 4 central hood) 150 3 wall hung) 100 2 corner hung) 85 1 (apron on 3 sides) 85 r 5. Non-Canopy Hoods Exhaust Requirement. All non-canopy hoods shall be provided with equipment having exhaust ventilating capacity which provides a minimum air velocity of fifty feet per minute at the out- side edge of the cooking or processing equipment. 7. Area Requirements. (a) All food establishments shall provide a complete change of air every two minutes in all food preparation areas. Accomplishing this by exhausting air through the hood to the extent it is effective shall constitute compliance in whole or in part. (b) Fresh make-up air shall be provided in the dining area in amounts according to the following: 25 cu. ft. per minute of fresh make-up air for each person, if the seating capacity provides 100 cu. ft of space per person. 20 cu. ft. per minute of fresh make-up air for each person, if the seating capacity provides 200 cu. ft of space per person. 15 cu. ft. per minute of fresh make-up air for each person, if the seating capacity provides 300 cu. ft of space per person. 8. Hood Ducts. Hood ducts shall be designed and constructed with a eruct' air of 1500 to 2200 linear feet per minute. The ducts shall be constructed of No. 18 U. S. gauge steel or heavier, or No. 20 U. S. gauge stainless steel or heavier and all seams shall be welded or bolted with air-tight gasket material . When ducts go through one hour or more fire resistant walls or ceilings fire damper shall be provided. Ducts within 18 inches of combustible material shall be insulated with high temperature insulation. Ordinance No. 250 Page Eighteen 9. Pans on Hoods Prohibited. The use of pans to cover the face of any hood is prohibited where cooking fats or oils are used either in the product or the process. In non-grease situations pans are permitted and the following minimum criteria shall be accepted utilizing a maximum slot width of three inches. Air velocity in C.F.M. / Number of sides exposed lineal foot of slot 4 (central hood) 100 3 (wall hung) 80 (b) The provisions of this ordinance are supplementary to the Building Code of the City. f (c) No building permit for the construction or alteration of a good establish- ment shall be issued until the plans have been approved in writing by the Health Authority. 'I Section 43. Dressing Rooms and Lockers. Facilities shall be provided for the storage of employees' clothing and personal belongings. Where employees routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated areas shall be lo- cated outside of the food preparation, storage and serving areas , and the uten- sil washing and storage areas, provided, that, when approved by the Health Authority, such an area may be located in a storage room where only bottled or completely packaged and protected foods are stored. Dressing rooms or such designated areas shall be equipped with lockers. Dressing rooms and lockers shall be kept neat and clean. Section 44. Housekeeping_. All parts of the food establishment and its premises shall be kept neat, clean, and free of litter and refuse. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surfaces. None of the operations connected with a food establish- ment shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats, and aprons shall be kept in approved containers until removed for laundering. No live birds or animals shall be allowed in any area where food is prepared, stored, or served, provided, that, guide dogs accompanying blind persons may be permitted in food establishments, 4 Section 45. Procedure when Infection is Suspected. When these is reason to believe that t ere is a possibility of disease-transmission from a food establishment owner or employee, the Health Authority is authorized to require any or all of the following measures: (a) The immediate exclusion of a suspected person from all food establishments. (b) The transfer of the services of such person to an area of the food estab- lishment where there would be no danger of transmitting disease, is 3 Ordinance No. 250 Page Nineteen (c) The requirement of adequate medical examinations of such persons and their associates, with such laboratory examinations as may be indicated . (d) The immediate closing of the food establishment until no further danger of disease outbreak exists in the opinion of the Health Authority and the City Manager. Pt a Section 46. Industry Self-Surve . Every food establishment shall arrange for a program oT sanitation se -inspection conducted by the owner, manager, sanitation, supervisor, or an agent. Section 47. Construction - Plan Review. All persons who hereafter construct, extensivelyd 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. Three (3) sets of final detailed plans and specifications for such construction, remodeling or alterations which shall show layout, arrangement for plumbing and construction materials of work areas, and location, standards, size and equipment and facilities, etc. , in respect to the requirements of this ordinance, shall be filed by the owner or his authorized representative in the office of the Building Inspector. Such plans and specifications and any changes modifications or alterations thereof, shall be reviewed and approved and so endorsed, subject to final �. inspection by the Health Authority. Construction shall be done in accordance with the approved plans. Section 48. Vending Machines. (a) No person shall engage in the business of selling or vending food or drink by vending machine, nor maintain such a machine on premises owned, operated, or managed by such person unless such machine is licensed by the City of Eden Prairie. T (b) Vending machine shall mean any type self-service device which, upon in- sertion of a coin or bill or more than one (1) cent, coins , or other token, dispenses unit servings of food or beverage, either in bulk or in a package, without the necessity of replenishing the device between each vending operation. (c) Application. t r In addition to the information required by Section G, the applicant shall give the following additional information: 1. Location of place where supplies for such machine are stored and where the machines are repaired. Ordinance No. 250 Page Twenty 2. Identity and form of the products to be dispensed. 3. Numbers and types of machines owned or operated by him. (d) Other Provisions Apply. All other provisions of this ordinance shall apply to vending machines unless the context of such other provisions clearly appears to have no application. Specifically, but not limited to, the provision of Sections 1 (j) , 10 and 15 do apply. y Section 49. Revocation of License. The license of any food establishment required under this ordinance may be revoked upon conviction of violation of any provision _, of this ordinance. Section 50. Interference With or Hi nderance Of Health Authority. No person shall interfere with, o struct, or hinder any Real h Authority in the performance of his duties under this ordinance or the laws of the State of Minnesota, nor prevent his performance thereof. a Section 51. Tem orar Suspension of License. The Health Authority with the approval of the City Manager shall mme ately suspend the license of any food establish- ment for the violation of any terms of this ordinance if such violations con- it stitute 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 9 at the time of the inspection, the licensee shall forthwith cease operation. The licensee may appeal the temporary suspension in writing to the City Council . Upon notification in writing by the licensee to the Health Authority that all violations have been corrected, for which temporary suspension was invoked, the Health Authority shall re-inspect the food estab- lishment 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 shall not suspend a license if the violation or violations constitute an imminent public health hazard can be eliminated or removed as provided in Section 12. Section 52. Food Handler's Card. No person over the age of 18 years shall work in a food esta is ment as a food handler unless he shall have a card which states that such person is free from tuberculosis in a communicable stage. The card may be signed or executed by any licensed doctor of medicine or may be obtained from the Public Health Center Chest Clinic, or by the Christmas Seal Mobile X-ray Unit. The Health Authority may require that Food Handlers under the age of 18 years have an X-ray or tuberculin test. fi { Ordinance No. 250 Page Twenty-One b Se�cr-lon 53. Examinations. No card shall be issued nor meet the requirements of this or inance unless the conclusion shall be based upon a chest X-ray examin- ation or upon a negative tuberculin test. ig Section 54. Filing of Card. The card must be filed at the place of employment or carried byte employee and shall be presented upon request to the Health Officer or his duly authorized representative. K Section 55. Persons Affected With Tuberculosis in a Communicable Sta e. No person affected with tuberculosis in a communicable stage s a work in a food establishment. Any person having a Food Handler's card who shall be affected with tuberculosis in a communicable stage shall surrender such card to the Health Officer or his representative. Section 56. Duty of Owner, Operator, or Manager of Food Establishment. No owner, operator, manager or other person in charge of a licensed foodes ta 1 i shment shall em- ploy any person over the age of 18 years unless such person has a valid card as required by this ordinance. Section 57. Duration of Card. All Food Handler's cards shall be valid for a period of twelve months from date of issuance or execution unless revoked. Section 58. Date of Effect. This ordinance, Sections 52 through 57 shall take effect six months a ter adoption of this ordinance. Section 59. Penalt for Violation. Any person violating the provisions of this ordinance s-i all be guilty of a misdemeanor and upon conviction, shall be punished by a fine of not more than three hundred ($300.00) dollars or by imprisonment for not to exceed 90 days. Section 60. Laws Rules and Regulations. This ordinance shall be construed to be supple- mentary to all laws, ru es and regulations of all competent authorities who have jurisdiction over the subject matter and is not intended and shall not be construed to permit that which is prohibited or declared unlawful by any such competent authority. Section 61. Com fiance Date. All existing uses shall comply with the provisions of this ordinance w tEM 12 months after the effective date of this ordinance. t Ordinance No. 250 Page Twentg—Two Compliance with this ordinance be an existing use may be waived by the Health Authority if Such compliance would create an economic hardship to said existing use and if non compliance does not create an immediate heAlth hazard. First read at a regular meeting of the Council of the City of Eden Prairie, this 25th day of February, 1974 and finally read, adopted and ordered published at a regular meeting of the Council of said City on the 26th day of March 1974. David W. Osterho t, Mayor ATTEST:Qt-Z AI-X� ` R SEAL o n rane, C16rk i S � o s M M! 14 SUNNEWSPAPERS AFFIDAVIT OF PUBLICATION ; MIDWEEK EDEN PRAIRIE SUN 6601 W. 78th St. Bloomington, Minnesota a' State of Minnesota ss. •. County of Hennepin } J. R. RITCHAY, being duly sworn, on oath says he is and during all times here stated has # been the vice president and printer of the newspaper known as The Eden Prairie 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 each 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 advertisements. (4) Said newspaper is circulated in and near the municipality 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-cffice. (5) Said newspaper purports to serve the Village of Eden Prairie in Hennepin County and it has its known office of issue in the City of Bloomingtcn in Hennepin County, established and open during its regular business hours for the gathering of news. sale of advertisements and sale of subscription and maintained by the managing officer or persons in its employ and subject to his direction and control during all such regular business hours and devoted exclusively during such business hours to the business of the newsppaer and business related thereto. (6) Said newspaper files a copy of each issue immediately with the State Histortat Society. (7) Said newspaper has complied with all the foregoing conditions for at least two years preceding the day or dates of publication :4 'mentioned below. (8) Said newspaper has filed with the Secretary of State of Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form prescribed by the Secretary of State and signed by the publisher 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 Ordinange 250 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, for Qrie successive weeks; that it was first so published o Thurg the 4 day of. Aipri1 1974 P �f ad was thereafter printed and published on every to and includirg 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: ? i alicdefghi jklmnopgrstuvwxyz • r r� — .ubscribed and sworn to before me this 4 day of April (Notarial Seal) G_ M. Vest, Notary Pt:blic, Hennepin County, Minn. My Commission Expires April 18th, 1979. M