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Memo-2nd Reading Of Ordinance 98-848 " CITY OF HOPKINS . MEMORANDUM To: Hopkins City Council From: Terry Obermaier Date: October 12,2000 Subject: Second Reading of Ordinance 98-848 Staff recommends that the Council approve the following motion: Move that the Hopkins City Council approve Ordinance 98-848 for second reading, approve the summary of Ordinance 98-848 and order the summary published. What has changed since the first reading Section 5, Subd.2. changed child-care homes to child-care homes with ten or less children, and removed the exemption for company coffee shops. . Attachments: . Summary of Ordinance 98-848 . Ordinance 98-84'8 . --.---------- CITY OF HOPKINS COUNTY OF HENNEPIN . SUMMARY OF ORDINANCE NO. 2000-848 AN ORDINANCE RELATING TO FOOD AND FOOD ESTABLISHMENTS, REPLACING SECTION 600.01 THROUGH 600.85 OF CHAPTER VI OF THE HOPKINS CITY CODE The following is a summary ofthe major provisions of the new ordinance: . Deletes the current section 600 of the City Code . Adopts the Mimlesota Food Code chapter 4626 and Milmesota Rules 4626.0010 through 4626.1870 by reference . Amends Section 4626.0020 1-201, definition of Food Establishment . Requires the person in charge of any food establishment to have completed a food establishment manager certification program . Requires an HACCP plan for each food item . Exempts child care centers, residential care homes, supervised living facility, apartment building with congregate dining, boarding establishment, bed and breakfast or similar . establisrunents with ten or fewer individuals from the requirement of using commercial equipment . Sets standards for equipment mechanical warewashing and sanitation as wen as an altemative for manual warewashing equipment . Sets standards for hand washing and water temperatures in hand washing lavatories . Sets standards for surface characteristics, floors, wans and ceilings . Set lighting standards . Defines when plan reviews are required and states the required contents of plans and specifications . Requires licensure, defines the types of licenses required, requires a fee for licensure, requires an application, specifies exemptions from fees . Sets the expiration date for all licenses as December 31 5t . Sets standards for inspections. suspension and revocation, removal and correction of via lations, and emergency closure of licensed food establishments A printed copy of the entire ordinance is available from the City Clerk and at the Hopkins library. First Reading of Ordinance 2000-848 October 3, 2000 Second Reading of Ordinance 2000-848 October 17, 2000 . Publication of Summary Ordinance 2000-848 October 25,2000 Effective Date of Ordinance 2000-848 November 6, 2000 ---- - ---- , e CITY OF HOPKINS HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2000-848 AN ORDINANCE RELATING TO FOOD AND FOOD ESTABLISHMENTS, REPLACING SECTION 600.01 THROUGH 600.85 OF CHAPTER VI OF THE HOPKINS CITY CODE. In order to maintain consistency with the State Statutes governing food establishments including the preparation, sale and consumption of food and to further insure the safety and well being of its residents, the City Council of the City of Hopkins does hereby ordain as follows: Section 1: Sections 600.1 through 600.85 of the Hopkins City Code are deleted in their entirety and replaced with the following. Section 2: Provisions of the State Law adopted. The provisions of the State of Minnesota Food Code Chapter 4626, Minnesota Rules 4626.0010 through 4626.1870, in effect on the effective date of this ordinance are hereby adopted by reference subject to the amendments as set forth in section 4 Section 3: Health Authority/Regulatory Authority defined. This ordinance shall be administered by the City of Hopkins Community Service Department. The term "regulatory authority" where used in the Minnesota Food code, Minnesota Rules Chapter 4626, shall mean City of Hopkins and its designated health authority. Section 4: Provisions of Minnesota Food Code amended. Subdivision 1. For the purposes of this Section the State of Minnesota Food Code Chapter 4626 is amended and revised in the following respects: . Subd. 2 The following subparts of section 4626.0020 1-201.10 STATEMENT OF APPLICATION AND LISTING OF TERMS. are amended to read as follows: Subp. 35. Food establishment. A. t1 Food establishment" means an operation that: (1) stores, prepares, packages, serves, vends, or otherwise provides food for human consumption, including, but not limited to a restaurant, satellite or catered feeding location, market, grocery store, convenience store, special event food stand, school, boarding establishment, vending machine and vending location, institution, bakery, wholesale food processor or manufacturer, food broker; custom processor; or (2) relinquishes possession of food to a consumer directly or indirectly through a delivery service, including the home delivery of grocery orders or restaurant takeout orders, and a delivery service that is provided by common carners. B. Food establishment includes: (1) a transportation vehicle or central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is licensed by the regulatory authority; (2) an operation that is conducted in a mobile, stationary, temporary, or permanent facility, location, or cart, regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food; and (3) those food service operations within a hospital, nursing home, or boarding care home licensed under Minnesota Statutes, sections 144.50 to . 144.56, that are not limited to patient or resident care. C. Food establishment does not include: (1) on c3tablishmcnt cxcluded from liccn3ure undcr Minnesota 81OtutC3, scction 28A.1" or 31. 56, or a wholcsalc food handlcr, 'viholc3olc food proccssor or fflflnufacturcr, or food brokcr as defined in Minncsota Statutcs, ---.----..- . -- - ------- --- - . 3eetion 28A.05, paragraphs (b) to (d); (2) on e3tflbli3hmcnt excluded under Minnesotfl StDtutcs, section 157.22; (3) 0 food proce33ing plont, '.vholcsalc food handler, or a cU3tom opcrotor os described in Code of Fcdcml F\cgulntions, title 0, scction 303.1, pomgreph (a), subparagraph (2), cxccpt: (0) 6 custom proce330r os defined in Minncsota Stotute3, 3cction 28A.03, 3uhdhfi3ion 8; (h) 0 pcrson engagod in eU3toffi proce33ing fiS defined in Minnc30ta Statute3, 3ection 31 A.02, 3ubdivision 5; or (c)on onimal food monuffleturcr fl3 dcfincd in Minnesoto StEltutes, 3cction 31 A.02, 3ubdivision 8; f4t-( 1) a private home or other location that receives catered or home- delivered food when only invited guests are present; or t5t (2) a food service limited to patient or resident care within a hospital, nursing home, boarding care home, or supervised living facility licensed under Minnesota Statutes, sections 144.50 to 144.56, except for those operations subject to the rules and laws administered by the Minnesota Department of Agriculture. Subp. 36. Food proccssing plant. "Food procc33ing plant" meon3 a commercial operation thflt manufactures, packElgcs, IElbcls, or storcs food for human consumption and doe3 not providc food directly to 6 con3umer. Food proce33ing plant doc3 not includc fl food e3tflblishment a3 dcfincd in subpart 35. Subd. 3. Section 4626.0030 2-102.11 DEMONSTRATION. Is amended by adding subsection P as . follows: P. The person-in-eharge or other designated employee on-site must have successfully completed a food establishment manager certification program at a frequency approved by the health authority. The certificate must be available or displayed to verify compliance, Subd. 4. Section 4626.0410 3-501.19 TIME AS PUBLIC HEALTH CONTROL. Is amended by adding a subsection Eta Subp. 1 and amending Subp.2 to read as follows: Subp.l. E. a HACCP plan is prepared for each food item. Subp. 2. Notification. The food establishment must submit written notification to the regulatory authority for approval of its intention to use the procedures provided under this part prior to implementing the provisions of this part. Subd. 5. Section 4626.0475 4-101.16 SPONGES; USE LIMITATION. Is amended to read: Sponges shall not be used in food or equipment activities. Subd. 6. Section 4626.0505 4-201.11 EQUIPMENT AND UTENSILS. Subsection J is amended to read as follows: J, When food service or a food operation in a child care center, residential care home, supervised living facility, apartment building with congregate dining, boarding establishment, bed and breakfast, or similar establishment is limited to serving ten or fewer individuals; domestic equipment may be substituted for the commercial equipment required under this part when approved by the health authority. . Subd. 7. Section 4626.0805 4-501.114 MANUAL AND MECHANICAL WAREWASHING EQUIPMENT; CHEMICAL SANITIZATION, TEMPERATURE, PH, CONCENTRATION, AND HARDNESS. Subsections A, Band C are amended to read as follows: . A. A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at the exposure times specified in part 4626.0905, item C, shall be listed in Code of Federal Regulations, title 21, section 178.1010, or in Minnesota Statutes, chapter 31 . The sanitizer shall be used according to this part and the manufacturer's label approved by the federal Environmental Protection Agency. B. The sanitizer shall not exceed the amount specified on the manufacturer's label approved by the federal Environmental Protection Agency. C. If a sanitizer is used in an amount less than the maximum amount specified on the label in item B, the sanitizer shall be used as specified in this item. (1) Unless the product label specifies otherwise, a chlorine solution shall have a minimum concentration of 50 ppm and a maximum concentration of 200 ppm and: (a) a minimum temperature of 24 degrees C (75 degrees F) for water with a ph of eight or less; or (b) (b) a minimum temperature of 38 degrees C (100 degrees F) for water with a ph of 8.1 to 10 (2) An iodine solution shall have: (a) a minimum temperature of 24 degrees C (75 degrees F); (b) a ph of 5 or less, unless the manufacture's use directions included in the labeling specify a higher ph limit of effectiveness; and (c) a concentration between 12.5 mg/L and 25 mg/L (3) A quaternary ammonia compound solution shall: (a) a minimum temperature of 24 degrees C (75 degrees F); (b) have a concentration specified in part 4626.1620 and as indicated by the manufacture's use directions included in the labeling; and . (c) be used only in water with 500mg/L hardness or less or in water having hardness no greater than specified by the manufacturer's label. Subd. 8. Section 4626.08804-603.15 WASHING; PROCEDURES FOR ALTERNATIVE MANUAL WAREWASHING EQUIPMENT. Is amended to read as follows: When the equipment is fixed, the utensils are too large, or washing in sink compartments or a ware washing machine is otherwise impractical, washing shall be done by using alternative manual ware washing equipment specified in part 4626.0680, item C, according to the following procedures: A. equipment shall be disassembled as necessary to allow access of the detergent solution to all parts; B. equipment components and utensils shall be scrapped or roughly cleaned to remove food particle accumulation; and C. equipment and utensils shall be washed as specified in part 4626.0875, item A. Subd. 9. Section 4626.0925 4-803.12 MECHANICAL WASHING. Is amended as follows; A. Except as specified in item 8, linens shall be mechanically washed. B. In food establishments in which only wiping cloths are laundered as specified in pan 4626.0695, item B, the wiping cloths may be laundered in a mechanical clothes washer, a sink designated only for laundering wiping cloths, or a ware washing sink that is cleaned as specified in part 4626.0750. . Subd.10. Section 4626.1050 5-202.12 HANDWASHING LAVATORY; WATER TEMPERATURE AND FLOW. Subsection A is amended to read as follows: . A. A hand-washing lavatory shall be equipped to provide water at a temperature of at least 43 degrees C (110 degrees F), but not more than 54 degrees C (1 30 degrees F) throug h a mixing valve, et' combination faucet, or other approved means. Subd. 11. Section 4626.1325 6-101.11 SURFACE CHARACTERISTICS; INDOOR AREAS. Subsection A is amended to read as follows: A. Except as specified in item B, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be: (1) smooth, durable to resist the wear and abuse to which they are subjected, and easily cleanable for areas where food establishment operations are conducted; (2) closely woven and easily cleanable carpet, where carpeting is permitted; and (3) nonabsorbent, easily cleanable materials which resist the wear and abuse to which they are subjected such as ceramic tile, quarry tile, terrazzo, or similar for floors in food preparation areas, open food storage rooms, food serving areas, kitchens, bars, walk-in refrigerators, ware washing areas, toilet rooms, mobile food establishment servicing areas, hand wash areas, janitorial areas, laundry areas, interior garbage and refuse storage rooms, areas subject to flushing or spray cleaning methods, and other areas subject to moisture. Floor materials for rooms used for the storage of unopened, packaged dry goods may be a commercial vinyl composition tile or similar with a vinyl coved base. (4) nonabsorbent, easily cleanable materials which resist the wear and abuse to which they are subjected such as stainless steel, ceramic tile, fiberglass reinforced panels, or similar for walls in food preparation areas, open food storage rooms, food serving areas, kitchens, bars, ware washing areas, toilet rooms, mobile food . establishment servicing areas, hand wash areas, janitorial areas, laundry areas, interior garbage and refuse storage rooms, areas subject to flushing or spray cleaning methods, and other areas subject to moisture. Wall materials for rooms used for the storage of unopened, packaged dry goods may be gypsum board coated with a washable paint, concrete or block coated with a washable paint or similar material. (5) smooth, nonabsorbent, easily cleanable materials which resist the wear and abuse to which they are subjected such as vinyl lay in tiles, painted gypsum board with a washable, scrubbable paint, or similar materials for ceilings in food preparation areas, open food storage rooms, food serving areas, kitchens, bars, ware washing areas, toilet rooms, mobile food establishment servicing areas, hand wash areas, janitorial areas, laundry areas, interior garbage and refuse storage rooms, areas subject to flushing or spray cleaning methods, and other areas subject to moisture. Subd. 12 Section 4626.1335 6-201.11 FLOORS, WALLS, AND CEILINGS. Is amended to read as follows: A. Except as specified in part 4626.1350, the floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable, except that anti-slip floor coverings or applications may be used for safety reasons. B. Surfaces shall be maintained in good repair. C. Vinyl flooring is prohibited in a walk-in cooler or freezer. D. Sealed concrete is permitted in areas used exclusively for refuse storage. . E. Antislip flooring may not be used beneath fixed equipment. Subd. 13 Section 4626.1360 6-201.16 WALL AND CEILING COVERINGS AND COATINGS. Is amended by deleting subsection B. -- -----.--.. . Subd. 14 Section 4626.1370 6.201.18 WALLS AND CEILINGS; STUDS, JOISTS, AND RAFTERS. Is amended to read as follows: Studs, joists, and rafters may be exposed only in areas used exclusively for the storage of food, single-use articles, and other dry goods in unopened packages as long as they are maintained in a clean and sanitary condition. This part does not apply to temporary food establishments. Subd. 15 Section 4626.1440 6-301.11 HANDWASHING CLEANSER AND NAILBRUSH; A V AILABllITY. Is amended to read as follows: Each hand washing lavatory or group of two adjacent lavatories shall have available at the lavatory: A. a supply of hand cleaning liquid, or powder dispensed from a mounted dispenser; and B. a nailbrush at the hand washing lavatory used by employees. Subd. 16 Section 4626.1445 6-301.12 HAND DRYING PROVISION. Is amended to read as follows: Each hand washing lavatory or group of adjacent lavatories shall be provided with: A. individual, disposable towels in a mounted dispenser; or . B. a heated-air hand drying device except that a heated-air hand drying device shall not be the only device provided at a sink used by food employees in a food preparation or ware washing area. Subd. 1 7 Section 4626.1465 6-302.11 TOILET TISSUE; A V AILABllITY. Is amended to read as follows: A supply of toilet tissue in a mounted dispenser shall be available at each toilet. Subd. 18 Section 4626.1470 6-303.11 LIGHTING INTENSITY. Is amended to read as follows: All areas in which food is prepared, processed, manufactured, packaged or stored; or where utensils and equipment are washed; hand washing areas, locker rooms, toilet rooms; and all garbage and refuse storage areas must be well lighted. A. All food contact surfaces must be illuminated at not less than seventy-foot candles of light. B. At least thirty-foot candles of light must be provided on all other surfaces and equipment. C. In food and equipment storage areas, a minimum of twenty foot candles of light measured at 30 inches from the floor must be provided. D. Subdued lighting in dining rooms and public access areas is permissible, provided that lighting meeting the above requirements must be available during all clean-up and maintenance periods in dining rooms and access areas. . Subd. 19 Section 4626.16157-203.11 POISONOUS OR TOXIC MATERIAL CONTAINERS. Is amended to read as follows: -- - e A container previously used to store or dispense poisonous or toxic materials shall not be used to store, transport, or dispense food. A container previously used for food storage must not be used to store, transport, or dispense poisonous or toxic materials. Subd. 20 Section 4626.1720 8-201.11 REVIEW OF PLANS. Is amended to read as follows: A. A license applicant or licensee shall submit properly prepared plans and specifications and the required plan review fee, to the regulatory authority for plan review and approval before beginning: (1) the construction of a food establishment; (2) the conversion of an existing structure for use as a food establishment; or (3) the extensive remodeling of a food establishment or a change of type of food establishment or food operation if the regulatory authority determines that plans and specifications are necessary to ensure compliance with the Code. B. Plans, specifications, an application form, and the fee specified in part 1547.0110, subpart 2, and Minnesota Statutes, chapter 31 or 157, shall be submitted to the regulatory authority at least 30 days before beginning construction, extensive remodeling, or conversion of a food establishment. C. Special event food stands and retail food vehicles, portable structures, or carts are exempt from the requirement to submit plans and specifications. D. The regulatory authority shall approve the completed plans and specifications if they meet the requirements of the Code, and the regulatory authority shall report its findings to the license applicant or licensee within 30 days of the date the completed plans are . received. E. Plans and specifications that are not approved as submitted shall be changed to comply or be deleted from the project. F. If work has commenced prior to approval of the plans, the health authority may issue orders to halt the construction, extensive remodeling, expansion, or alteration, or may issue orders, including demolition or removal, if reasonably necessary to determine compliance with the standards of this ordinance. Subd. 21 Section 4626.1725 8-201.12 CONTENTS OF PLANS AND SPECIFICATIONS. Is amended to read as follows: A. The plans and specifications for a food establishment shall include: (1) the intended menu; (2) the anticipated volume of food to be stored, prepared, and sold or served; (3) the proposed layout to-scale, mechanical schematics, construction materials, and finish schedules; (4) the proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications; (5) a complete set of elevations and drawings for all custom fabricated equipment; (6) a functional flow plan indicating how food will be handled; and (7) other information that may be required by the regulatory authority for the proper review of the proposed construction, conversion, or modification. B. Used equipment sha II be equivalent to the standards specified in parts 4626.0450 to . 4626.0975 and approved by the regulatory authority before use. Subd. 22 Section 4626.1745 8-203.10 PREOPERATIONAL INSPECTIONS. Is amended to read as follows: -..-..- - -------- . The food establishment must obtain one or more preoperational inspections from the health authority to verify that the food establishment is constructed and equipped according to the approved plans and approved modifications of the plans and is in compliance with the Code and other applicable law. Subd. 23 Section 4626.1755 8-301.11 PREREQUISITE FOR OPERATION. Is amended to read as follows: 4626.1755 8 3001.11 LICENSE REQUIRED. (A) All persons who operate a food establishment must have a valid license, or licenses if more than one is required, of the applicable type(s) issued to him/her for the current calendar year through the City of Hopkins Customer Service Department. The food establishments required to be licensed are as follows: (1 I level One Tier One: Level one, Tier One contains low-risk foods such as carts, day care snacks, hazardous food vehicles, limited food (grocery and convenience stores with mainly packaged food or other low risk foods), snack stands and warehouses that are under 5000 square feet. 121 level One, Tier Two: Level Two, Tier Two contains low-risk foods such as carts, day care snacks, hazardous food vehicles, limited food (grocery and convenience stores with mainly packaged food or other low risk foods), snack stands and warehouses that are over 5,000 square feet. (31 level Two, Tier One-Limited Facilities: Level two, Tier One contains . medium-risk facilities such as boats, congregate dining, day care, rental kitchens, and test kitchens. (41 level Two, Tier Two-Small Menu and Limited Commercial Equipment: Level Two, Tier Two contains medium-risk facilities that are higher use facilities such as bed and breakfast kitchens, boarding house, catering food vehicle, food manufacturer, on sale baked goods, pizza carry out or order out, and short order snack stands. (51 Level Three, Tier One-Small Facility: Level Three, Tier One includes high-risk establishments including cafeteria, caterer, commissaries, complex cuisine, delis, family restaurant, fast food, small institutions, and schools. (Grocery stores with delis, meats, or bakeries that are over 4500 square teet, restaurants that are less than 2,500 square feet, drive-in restaurants with seating for less than 25 people) (6) level Three, Tier Two-Medium Facility: level Three, Tier Two includes high-risk establishments including banquet kitchens, cafeterias, caterers commissaries, complex cuisine, family restaurant, and fast food. (Grocery stores with delis, meats, or bakeries that are between 4501 and 8000 square feet, restaurants that are more than 2500 square feet, but less than 5000 square feetl (7) level Three, Tier Three-Large Facility: Level Three, Tier Three includes high-risk facilities such those listed in Tier Two. (Grocery stores with delis, meats, or bakeries that are over 8000 square feet and restaurants that are over 5000 square feet) (8) Food Vending Machine a) The term "vending machine" means any type of self service device . which, upon insertion of a coin or bill of more than one 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. . b) A vending machine that dispenses soda pop shall be exempt. c) all other provisions of this section shall apply to vending machines unless the context of such other provisions clearly has no application. (9) Temporary: Special Event Food Stands a) Temporary food establishments must provide the following information prior to receiving a license: 1 . Name of the establishment 2. Name and address of the owner or operator 3. location where the food establishment will be placed 4. Proposed dates of operation 5. Copy of a state or county permit b) Temporary food establishments shall provide their own electrical power and dispose of all waste products in an approved waste receptacle. No oil or grease may be disposed of in city storm sewers. Temporary food establishments shall also comply with the health requirements set out in Section 600. 1101 Swimming Pools: Outdoor 1111 Swimming Pools: Indoor 1121 Swimming Pools: Special Purpose (hot tubs, whirlpools, kiddy and wadding pools 1131 lodging - per unit 1141 Motels, hotels - per unit (B) Display of licenses. Licenses shall be conspicuously displayed at all times, . readily available for inspection, in licensed food establishments. All food vehicles shall be identified with the name and location of the licensee in plain letters not less than one inch high prominently displayed on each side of the vehicle. Subd. 24 Section 4626.1760 8-302.11 APPLICATION. Is amended to read as follows: 4626.1760 8-302.11 LICENSE APPLICATION An applicant shall submit an application for a license for a food establishment on forms furnished by the City of Hopkins and shall set forth the general nature of the business, the location, and other information as the City shall require. Application and issuance of licenses, their fees, and termination, and administration shall be in accordance with and subject to all conditions of Chapter 10 of the City of Hopkins Code, unless otherwise provided herein Subd. 25 Section 4626.1785 8-401.10 INSPECTION. Is amended to read as follows: A. The health authority shall inspect each food establishment prior to issuing a license for a new food establishment or change of ownership. A license shall not be issued until the corrections required by the health authority as a result of the pre-licensing inspection have been made to the satisfaction of the health authority. B. The City shall inspect every food establishment as frequently as it may deem necessary to insure compliance with this ordinance, but not less than the minimum frequency for food establishments established by Minnesota Statutes. C. The health authority shall officially notify the person-in-charge or licensee of the . inspection report by one of the following methods: (1) by delivering the report to the person-in-charge, or (2) by posting it upon an inside wall of the food establishment, and such report shall not be defaced or removed by any person except the health authority, or . (3) by mailing the report by certified or registered mail. Subd. 26 Section 4626.1790 8-402.11 ALLOWED AT REASONABLE TIMES AFTER DUE NOTICE. Is amended as follows: After the regulatory authority presents official credentials and provides notice of the purpose of and an intent to conduct an inspection, the person in charge shall allow the regulatory authority to determine if the food establishment is in compliance with the Code by allowing access to the establishment, allowing inspection, and providing information and records specified in the Code and to which the regulatory authority is entitled according to law, during the food establishment's hours of operation and other reasonable times. No persons shall interfere with or hinder the health authority in the performance of his/her duties, or refuse to permit the health authority to make such inspections. Access to records. The person operating a food establishment shall, upon request of the health authority, permit access to 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 5 LICENSE FEES. Subd. 1. Fees for licenses issued hereunder shall be those set by City Council Resolution from time to time and recorded in chapter 10 of the Hopkins City Code. Subd. 2. Fee exemptions, license req uired. Food establishments in governmental subdivisions, . houses of worship, child-care homes with ten or less children, schools, and charitable and nonprofit hospitals must obtain a license, but shall not be charged a fee therefore and are subject to all other requirements of this section. Temporary- special event food establishments, whose proceeds are dedicated for charitable purposes or which are operated by licensed food establishments, must obtain a license, but shall not be charged a fee therefore and are subject to all other requirements of this section. Subd. 3. Penalty for failure of a new business to obtain a license or for an existing business to obtain a license by January pt. The penalty is equal to and in addition to the cost of the license. Section 6 LICENSE EXPIRATION. Licenses issued pursuant to this ordinance shall expire on December 31 each year. License applications shall be filed with the Community Service Department by January 1 of each year. The fees are not pro-rated. Section 7 LICENSE SUSPENSION AND REVOCATION. A. LICENSE SUSPENSION (1) The health authority with approval of the City Manager may immediately suspend the license of any food establishment which does not comply with the requirements of this Section or if the food establishment otherwise constitutes a public health hazard. Suspension is effective upon notice and/or posting of the report at the time of inspection and the licensee must immediately cease operations. (2) The I icensee may appeal the 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 the suspension was invoked, the health authority must re-inspect the food establishment within a reasonable length of time. If all violations rendering the temporary suspension have been corrected, the health authority must terminate the suspension. . B. LICENSE REVOCATION Any license issued under this Section may be revoked in the same manner provided in Chapter 10 of the Hopkins City Code. Section 8 REMOVAL AND CORRECTION OF VIOLATIONS. Upon notification of one or more violations, the person-in-charge or licensee must correct each violation within the specified time period as noted on the inspection report or as indicated by the health authority. Failure to remove or correct each violation within the specified time period will constitute a separate violation of this section. Section 9 EMERGENCY CLOSURE OF LICENSED FOOD ESTABLISHMENTS. A. The health authority may summarily close any licensed food establishment for the following reasons: (1) Anyone of the following conditions exist on, or result from, the operation of the licensed premises: a. Evidence of a sewage backup in a food establishment to sue h an extent that the floor in food preparation, storage or ware washing areas has been flooded; b. No potable hot or cold water under pressure to a food establishment to such an extent that hand washing, ware washing, food preparation, or toilet facilities are not . operational; c, A lac k of electricity or gas service to a food establishment to such an extent that hand washing ware washing, food preparation, or toilet facilities are not operational, d. Where there is an ongoing food-borne illness caused by the operation of the establishment; e. Lack of adequate cold or hot holding facilities f. lack of an accessible hand washing facility. g. An infestation of insect or rodents to such an extent that contamination of food, equipment, and other supplies exists, or flies are found breeding in the establishment indicated by the presence of eggs or maggots, h. Lack of an approved ware washing facility or sanitizing agent in the establishment I. Failure to possess a license required by this ordinance. B. Procedure for Emergency Closure (1) Order to be issued. If the health authority, following an on-site inspection, determines that any of the grounds for emergency closure exist in a licensed food establishment, an order for emergency closure may be summarily issued on such forms the City shall provide. Such order shall identify the licensed food establishment; describe the specific grounds upon which the closure is based; state by what time the patrons must vacate, state that a hearing on the emergency closure can be requested by owner or person-in-charge by informing the City Manager or health authority. Such order shall be served on the owner or person-in- charge of the premises who shall thereupon close the premises. The establishment shall remain closed pending abatement of the condition{s) giving rise to the emergency closure as determined by the health authority, or by final order of the City after a hearing. . (2) Hearing. Upon written request, a hearing to consider whether the establishment may reopen, and the condition, if any, to be imposed for such reopening, shall be commenced no later than three (3) business days after receipt of the written request. The City manager or --- ------------- - . health authority shall render a written decision within two (2) business days after conclusion of the hearing. C. Violation. Any of the following is punishable as a misdemeanor: (1) Failure of the owner or person-in~charge to close a licensed food establishment and/or vacate the patrons from the establishment after service of an order for emergency closure, (2) Failure Of any person to leave a licensed food establishment subject to an order for emergency closure upon being ordered to leave by the hea Ith authority, (3) Any violation of this section by an owner or person~in-charge of a food establishment. Section 10. The effective date of this ordinance shall be 20 days after publication. FlfSt Reading: October 3, 2000 Second Reading: October 17, 2000 Date of Publication: October 25, 2000 Effective Date: November 6, 2000 By . Eugene J. Maxwell, Mayor Attest: Ten)' Obem1aier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature Date .