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HomeMy WebLinkAboutOrdinance - 20-92 - Amending City Code Chapter 5 RE: Food Establishments, Food Handling, Municipal Solid Waste, and Gas Fitters Licensing - 06/02/1992 CITY OF EDEN PRAIRIE HENNEPIN-COUNTY, MINNESOTA ORDINANCE NO. 20-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE CHAPIrER 5 ENTITLED "OTHER BUSINESS REGULATIONS AND LICENSING" BY ADDING SECTION 5.12 RELATING TO EXCEPTION; REPEALING SECTION 5.33 SUBD. I.A.RELATING TO BUILDING CONTRACTORS; AMENDING SECTION 5.38 RELATING TO FOOD ESTABLISHMENTS AND FOOD HANDLING; AMENDING SECTION 5.41 RELATING TO GASFITTERS;REPEALING SECTION 5.71 RELATING TO FEES IMPOSED UPON OPERATORS OF FACILITIES FOR MIXED MUNICIPAL SOLID WASTE; AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 5.99, WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. City Code Section is amended by adding Section 5.12 to read as follows: "SECTION 5.12. EXCEPTION. Nothing contained in this Chapter shall require a business to obtain a license from the City where such requirement • is prohibited by law." Section 2. City Code Section 5.33 Building Contractor, Subd. 1, A. is repealed. Section 3. City Code Section 5.38 is amended to read as follows: "SECTION 5.38. FOOD ESTABLISHMENTS AND FOOD HANDLING. Subd. 1. Purpose. The purpose of this Section is to regulate and control the conduct of certain food establishments as listed in Subdivision 3. Subd. 2. Definitions. For the purpose of this Section, the following words shall have the following meanings: A. "Approved" means acceptable to the City as determined by conformance with appropriate standards and good public health practice. B. "Bakery food vehicle" means 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. C. "Catering food vehicle" means 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. D. "Employee" means any person who renders a personal service with or without compensation within a food establishment. E. "Food establishment" means any building, room, stand, enclosure, vehicle, space, area, or other place where 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. F. "Food vehicle" means any food establishment consisting of a mobile vehicle which hauls any food for the purpose of delivery or sale. G. "Grocery store" means any food establishment which deals primarily in the retail sale of food and which does not prepare such food for immediate consumption on or off the premises. H. "Home prepared food" means any food which has been processed or prepared in a private home. I. "Misbranding" means the use or absence of any written,printed or graphic matter upon or accompanying food or containers of food which violates any applicable local, State or Federal labeling identification or representation requirements. J. "Perishable food" means food such as fresh fruits and vegetables and other foods which will decompose in the absence of refrigeration. K. "Person" means any individual,firm,partnership, corporation, trustee, or association and with respect to acts prohibited or required herein, shall include employees and licensees. L. "Wholesome" means sound,healthful,clean,unadulterated,and in all ways fit for human food and human consumption. Subd. 3. License and Administration. A. It is unlawful for any person to engage in any of the following types of enterprises without a license therefor from the City: (1) grocery stores with four or more employees, (2) grocery stores with four or less employees, (3)food establishments that deal exclusively in the retailing of prepackaged food, (4)food establishments which deal primarily in the retail of candy, or(5) food vehicles for delivery. B. Transfer and Display of License. Only a person who complies with the requirements of this Section shall be entitled to receive a license. Licenses shall not be transferable as to person or place. All licenses obtained for a food establishment shall be conspicuously displayed. C. No License Required. Persons owning or operating food establishments for which a license is not required by this Section shall nonetheless be subject to all other requirements of this Section. Subd. 4. Transport or Sale of Unhealthful Food Prohibited. A. No person shall transport within or into the City any food which is not wholesome or which is adulterated. B. It is unlawful for any person to sell or keep or offer for sale any food which is not wholesome or which is adulterated. Subd. 5. Catering Food Vehicle. A. Base of Operations. Catering food vehicles shall operate from a commissary or other fixed food service establishment and shall report at least daily to such location for all supplies and for all cleaning and servicing operations. • Subd. 6. Itinerant Food Establishments. A. Wet Storage. Storage of packaged food in contact with water or undrained ice is prohibited. Wrapped sandwiches shall not be stored in direct contact with ice. B. Handwashing. A convenient handwashing facility shall be available for employee handwashing. This facility shall consist of, at least, warm running water, soap, and individual paper towels. Subd. 7. Food Sources and Supplies. Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for human consumption. Food shall be obtained from sources that comply with all laws relating to food and food labeling. Subd. 8. Preparation and Service. A. Food Transportation. During transportation, food and food utensils shall be kept in covered containers or completely wrapped or packaged so as to be protected from contamination. Foods in original packages do not need to be overwrapped or covered if the original package has not been torn or broken. During transportation, including transportation to another location for service or catering operations, food shall meet the requirements of this Section relating to food storage. B. Storage. Packaged food shall not be stored in contact with water or undrained ice. Wrapped sandwiches shall not be stored in direct contact with ice. Subd. 9. Misrepresentation of Food. It is unlawful for the operator of'any food establishment to in any way misrepresent food or beverages offered to the public. Practices which constitute misrepresentation shall include but are not limited to the sale of adulterated food; substitution of food items of lesser quality or different from food . items advertised; making statements giving incorrect or deceptive points of origin; making misleading statements of size,number,weight or price; and not meeting standards of identity defined by Federal and State laws for certain foods. Subd. 10. Minnesota Clean Indoor Act. The operator of every food establishment shall make adequate provisions to meet the requirements of the Minnesota Clean Indoor Act and the Minnesota regulations pertaining thereto. Subd. 11. Industry Self-Survey and Training Responsibility. Every operator of a food establishment shall arrange for and maintain a program of sanitation self-inspection conducted by the owner, manager, sanitation supervisor, or designated agent. Said self-inspection program shall be approved by the City. The City may require an operator to maintain in employment an owner, manager, sanitation supervisor or designated agent approved by the City who can demonstrate knowledge and proficiency in the prevention of food-borne illness and approved food sanitation practices and techniques. Such knowledge and proficiency may be demonstrated by maintaining written policies or guidelines for food preparation and equipment or utensil cleansing or such other means as approved by the City. Subd. 12. Construction - Plan Review. All persons who hereafter construct, extensively remodel or convert buildings or facilities for use as food establishments shall conform and comply in their construction, erection-or alteration with the requirements of this Section. 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 Section,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 City. Construction shall be done in accordance with the approved plans. Subd. 13. Revocation of License. The license of any food establishment required under this Section may be revoked upon conviction of violation of any provision of this Section. Subd. 14. Interference With or Hinderance of Health Authority. No person shall interfere with,obstruct, or hinder any Health Authority in the performance of his duties under this Section or the laws of the State of Minnesota, nor prevent his performance thereof. Subd. 15. Temporary Suspension of License. The City with the approval of the City Manager shall immediately suspend the license of any food establishment for the violation of any terms of this Section if such violation constitutes an imminent public health hazard. Upon notification by the City of a temporary suspension of license, the licensee shall forthwith cease operation. The licensee may appeal the temporary suspension in writing to the Council. Upon notification in writing by the licensee to the City that all violations have been corrected for which temporary suspension was invoked, the City shall reinspect the food establishment within a reasonable length of time. If all violations constituting the grounds for the temporary suspension have been corrected, the City shall forthwith terminate the suspension. Subd. 15. Laws, Rules and Regulations. This Section shall be construed to be supplementary to all laws, rules 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. Subd. 16. Compliance Date. All existing uses shall comply with the provisions of this Section with twelve(12) months after the effective date of this Section." Section 4. City Code Section 5.41 is amended to read: "SECTION 5.41. GASFITTER. Subd. 1. License Required. It is unlawful for any person except a person holding a gasfitter's license to install, • alter or repair any gas piping for illuminating or fuel gas or install,alter, repair or service any gas burning devices connected thereto in or for any building or structure in the City without a license therefor from the City. Subd. 2. Applications. The application for a gasfitter's license or renewal of license shall be accompanied by proof that the applicant holds either a master's certificate of competency issued by the Minneapolis Board of Examiners of Plumbers, a certificate of competency issued by the City of Eden Prairie,or a gasfitter's license issued by any of the following cities: Minneapolis, St. Paul, Bloomington, Duluth, St. Cloud, or Rochester. Subd. 3. Bond Required. Every applicant for a gasfitter's license shall file with his application a continuous bond for the benefit of the City and persons injured in the amount of$1,000.00, conditioned that the licensee, in all material and equipment by him furnished and in all work by him done and performed installing, altering or repairing gas piping or installing,altering, repairing or servicing gas burner devices or gas burner equipment will strictly conform to the provisions of the City Code relating thereto. The bond shall apply to all work to be done under the license during the period from the date of issuance to the date of expiration of the license. The bond form shall be provided by the City to the applicant. Subd. 4. Liability Insurance. The applicant for a gasfitter's license shall also furnish proof that a policy of public liability insurance has been procured with respect to work to be performed by him during the license period for death or personal injury arising therefrom to any person or persons in amounts of not less than$100,000.00 for each person and$300,000.00 for each incident and for damage to property arising from any incident in the amount of not less than$50,000.00." Section 5. City Code Section 5.71 "Fees Imposed Upon Operators of Facilities for Mixed Municipal Solid Waste" is repealed. ' Section 6. City Code Chapter 1, entitled "General Provisions and Definitions ' Applicable to the Entire City Code Including Penalty for Violation" and Section 5.99, entitled Violation a Misdemeanor are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 7. This Ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on June 2 19 93 and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the ^th day of June , 1992. [a /I % 6 t wv--00� Douglas I Tenpas, Mayor ATTEST: a4i 41 Jo rane, City Clerk PUBLISHED in the Eden Prairie News on the 25th day of June, 1992 Amending Chapter 5 City Cod* CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 20-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CHAPTER 5 BY ADDING "OTHER BUSINESS REGULATIONS AND LICENSING RELATING TO EXCEPTION; REPEALING A SECTION RELATING TO BUILDING CONTRACTORS; AMENDING A SECTION RELATING TO FOOD ESTABLISHMENTS AND FOOD HANDLING; AMENDING A SECTION RELATING TO GASFITTERS; REPEALING A SECTION RELATING TO FEES IMPOSED UPON OPERATORS OF FACILITIES FOR MIXED MUNICIPAL SOLID WASTE, AND ADOPTING BY REFRERENCE CITY CODE CHAPTER 1 AND SECTION 5.99,WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: umm This ordinance amends Chapter 5 of the City Code by adding a section regarding "Other Business Regulations and Licensing Relating to Exception;" repealing a section relating to building contractors, amending a section relating to food establishments and food handling, amending a section relating to gasfitters, and repealing a section relating to fees imposed upon operators of facilities for mixed munieipl-A solid waste. Effective Date: This Ordinance shall take effect the day after publication. ATTEST: /s/ John D. Frane /s/Douglas B. Tenpas City Clerk Mayor PUBLISHED in the Eden Prairie News on the 25th day of Tune 311992. (A full copy of the text of this Ordinance is available from City Clerk.) is 0 Amending Chapter 5 City Code CITY OF EDEN PRAIRIE Affidavit of Publication EPIN HEN ORDINANCE NO.20-92MINNESOTA Southwest Suburban Publishing ORDINANCE N0.20-92 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA, AMENDING CHAPTER 5 BY ADDING"OTHER BUSINESS State of Minnesota REGULATIONS AND LICENSING RELATING TO EXCEPTION; )SS. REPEALING A SECTION - County COUn of Hennepin RELATING TO BUILDING ) CONTRACTORS;AMENDING A SECTION RELATING TO FOOD Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of the ESTABLISHMENTS AND FOOD newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated as follows: HANDLING;AMENDING A SECTION RELATING TO (A)This newspaper has complied with the requirements constituting qualification as a legal newspaper, GASFITTERS;REPEALING A as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as amended. SECTION RELATING TO FEES IMPOSED UPON OPERATORS OF (B)The printed public notice that is attached to this Affidavit and identified as No.�y�,was FACILITIES FOR MINED published on the date or dates and in the newspaper stated in the attached Notice,and said Notice is MUNICIPAL SOLID WASTE,AND hereby incorporated as part of this affidavit. Said notice was cut from the columns of the newspaper ADOPTING BY REFERENCE CITY specified.Printed below is a copy of the lowercase alphabet from A to Z,both inclusive,and is hereby DE CHAPTER 1 AND SECTION acknowledged as being the kind and size of type used in the compositio ndpublication of the Notice: 5.99,WHICH,AMONG OTHER THINGS,CONTAIN PENALTY abcdefghijklmnopgrstuvwxy PROVISIONS THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: By: Summary: This ordinance amends tan Rolfsrud,General Manager Chapter 5 of the City Code by adding a section regarding"Other Business Regu- lations and Licensing Relating to Excep- Subscribed and sworn before me on tion;" repealing a section relating to building contractors,amending a section relating to food establishments and food handling,amending a section relating to trotary da of ,1992 psfitters,and repealing a section relat- ing to fees imposed upon operators of facilities for mixed municipal solid waste.Effective Date:This Ordinance shall take effect the day after publication. c a '� ATTEST: - = /s/John A Frane City Clerk /s/Douglas B.Tenpas RATE INFORMATION Mayor Lowest classified rate paid by commercial users for comparable space ........ $13.50 per column inch (A full copy of the text of this Ordinance Maximum rate allowed by law for the above matter....................................$13.50 per column inch is available from City Clerk.) Rate actually charged for the above matter....................................................$6.13 per column inch (Published in the Eden Prairie News Thursday,June 25,1992,No.6498)