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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 U