84-8998 Food(Published in The Salina Journal Jnin 'Z—( 1984)
AN ORDINANCE PERTAINING TO THE REGULATION AND INSPECTION
OF FOOD SERVICE ESTABLISHMENTS WITHIN THE CITY OF SALINA, KANSAS;
ADOPTING BY REFERENCE THE "FOOD SERVICE ESTABLISHMENT REGULATIONS'
PROVIDED BY K.A.R. 28-36-20 through K.A.R. 28-36-29; AND REPEALING
ANY ORDINANCES IN CONFLICT THEREWITH.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That the Salina Code is hereby amended by adding
Chapter 16, which chapter shall read as follows:
Article I. Establishments
DIVISION 1. GENERALLY
"Sec. 16-1. Compliance with article required.
No establishment covered by this article shall be operated
within the city, or its police jurisdiction unless it conforms with
the requirements of this article.
"Sec. 16-2. Definitions.
The following definitions shall apply in the interpretation
and the enforcement of this article:
Sec. 16-2(1). Bakery means any establishment where
bread, cakes, pies and other foods are baked or cooked,
or are produced, handled, dealt in, sold or kept for
sale for human consumption.
Sec. 16-2(2). Bottling works means any establishment
where beverages of any kind, except milk or milk products,
are produced, prepared, manufactured and bottled or
prepared for bottling.
Sec. 16-2(3). Employee means any person who handles
food or drink during storage, sale, preparation or serving,
or who comes in contact with any eating or cooking utensils,
or who is employed at any time in a room in which food or
drink is prepared or served.
Sec. 16-2(4). Grocery stores and meat markets mean
establishments which sell, handle and deal in bulk or
package food, meats and provisions for human consumption.
Sec. 16-2(5). Health officer means the health officer of
the joint City -County Board of Health or his authorized
representative or assistant.
Sec. 16-2(6). Itinerant restaurant means any restaurant
operating for a temporary period in connection with a fair,
carnival, circus, public exhibition or other similar gathering.
Sec. 16-2(7). Other establishments means any establishment,
in addition to those specifically mentioned herein, and
except establishments otherwise regulated by ordinance, where
food or drink for human consumption is prepared, produced,
handled, served or sold.
Sec. 16-2(8). Restaurant means restaurant, coffee shop,
cafeteria, short order cafe, luncheonette, tavern, sandwich
stand soda fountain, and all other public eating and drinking
establishments, as well as kitchens in which food and drink
are prepared for sale elsewhere to the public.
Sec. 16-2(9). Utensils includes any kitchenware, tableware,
glassware, cutlery, utensils, containers and other equipment
with which food and drink comes in contact during storage,
preparation or serving.
"Sec. 16-3. Enforcement and interpretation; State
regulations adopted.'
This article shall be enforced by the health officer in
accordance with the provisions of "Food Service Establishment
Regulations" (K.A.R. 28-36-20 through K.A.R. 28-36-29 inclusive),
which is hereby incorporated by reference, and adopted as a part of
the ordinance of the city, except as modified by this article. No
fewer than three (3) copies have been, and now are filed in the
office of the City Clerk.
"Sec. 16-4. Permits required; display required; exemption
or itinerant restaurants.
It shall be unlawful for any person who does not possess
an unrevoked and unsuspended permit from the health officer and in
whose place of business such permit is not posted in a conspicuous
place, to operate in the city any restaurant, grocery store, meat
market, bakery, bottling works, or other establishment where food or
drink is produced, sold, prepared or served. Only persons who compl
with the requirements of this article shall be entitled to receive and
retain such a permit. A person conducting an itinerant restaurant
may, in the discretion of the health officer, be exempted from the
requirements for the securing of a permit to such extent as may be
authorized by the health officer.
"Sec. 16-5. Application for permit required; fee established;
prerequisites to issuance.
No permit required by this article shall be issued by the
health officer except on the filing of an application to the City
Clerk on a form furnished by him for such purpose, and on payment b
the applicant of a permit fee as established pursuant to Section 2-2
of the Salina Code to the City Clerk and until the establishment for
which such permit is desired shall be inspected by the health officer
and found him to comply in all respects with the requirements of this
article.
"Sec. 16-6. Fees to be paid to treasury.
All fees for permits required by Section 16-5 shall be paid
into the city treasury.
"Sec. 16-7. Expiration, renewal of permits.
Every permit required by Section 16-4 shall expire on
December thirty-first after the date of issuance and must be renewed
on or before January first of each year.
"Sec. 16-8. Examination, condemnation of unwholesome,
adulterated fo0 or drink.
Samples of food and drink may be taken and examined by the
health officer as often as he deems necessary for the detection of
unwholesomeness or adulteration. The health officer may condemn and
forbid the sale of, or cause to be removed or destroyed, any food or
drink which he deems unwholesome or adulterated.
"Sec. 16-9. Inspections required.
As often as the health officer may deem necessary, and
at least once every three (3) months, he shall inspect every
establishment covered by the terms of this article, located within
the city.
"Sec. 16-10. Second inspection required after violation;
permit suspension, revocation or flagrant violation.
In case the health officer discovers the violation of any
item of sanitation required by this article, or other violation of any
of the provisions of this article, he shall make a second inspection
after the lapse of such time as he deems necessary for the defect to
be remedied, and the second inspection shall be used in determining
compliance with the requirements of this article, unless in the
opinion of the health officer the violation is flagrant and of such
nature as to require immediate suspension or revocation of the permit,
and in such event the health officer shall have authority to suspend
or revoke such permit immediately on such first inspection.
"Sec. 16-11. Removal of suspended, revoked permit.
If a permit is revoked or suspended, the health officer
shall remove the permit from the establishment to which it was issued
and shall retain the same until such time as the same may be
reinstated.
"Sec. 16-12. Reinstatement of permits.
Any establishment, the permit of which has been suspended
or revoked, may at any time make application for the reinstatement of
the permit.
Within one week after the receipt of a satisfactory
application, accompanied by a statement signed by the applicant to
the effect that the violated item or items of the specifications have
been conformed with, the health officer shall make a reinspection,
and thereafter as many additional reinspections as he may deem
necessary to assure himself that the applicant is again complying
with the requirements, and, in case the findings indicate compliance,
shall have authority to reinstate the permit."
Section 2. That all ordinances or regulations of the City of Salina
in conflict with the above provisions are hereby repealed.
Section 3. That this ordinance shall be in full force and effect from
and after its adoption and publication once in the official city newspaper.
(SEAL)
ATTEST:
arrison, ity Clerk
Introduced: January 16, 1984
Passed: January 23, 1984
"t
Oh-hn F. Burg6ss,,/,Mayor
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