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CR 10-042 Amendments to Section 600 Food Code• May 18, 2010 ia Council Report 2010-042 AMENDMENTS TO SECTION 600 FOOD CODE Proposed Action Staff recommends that the Council approve the following motion: Move that the Hopkins City Council qpprove Ordinance 2010-1019 for first reading. Adoption of this motion will begin the process of amending Section 600 of the Hopkins City Code to delete unnecessary language and establish a Seasonal Food Vendor license. Overview During the process of amending Section 600 to add Mobile Food Vendors, staff determined that other changes were necessary, for example it was not clear how long a Temporary Food license was good for. In addition, during the process of renewing the delegation agreement with the Minnesota Department of Health, which gives the City authority to conduct sanitation inspections, the Department reviewed our • ordinances and made suggestions for changes. Primary Issues to Consider • What are the amendments that are being proposed? Supporting Information Analysis of Issues • Alternatives • Ordinance number 2010-1019 a zr J es A. Genellie Assistant City Manager Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: 0 . Council Report 2010-042 Page 2 Analysis of Issues What are the amendments that are being proposed? The following language is being added to Section 600.01: "and Food Manager Certification Minnesota Rules 4626.2000 through 4626.2010." This is required by the State Department of Health. Sections 600.05 to Section 600.45 are being deleted. These are technical issues in regard to enforcement of sanitation standards. Larry Myers, the City's Environmental Health Specialist, reviewed the sections which established exceptions to the State Food Code. He determined that these sections were no longer needed because these issues are addressed the State of Minnesota Food Code. The language in Section 600.49 that deals with Temporary Food licenses has been amended to make it clear that such licenses are limited in duration and number, i.e. no longer than 4 days and no more than 4 such licenses per year. Finally a new license, Special Event Food Stand, has been created. This will allow individuals who provide food services at City events to get a single license for the year. The City, however, will retain the right to inspect these stands throughout the year. Alternatives 1. Adopt Ordinance number 2010-1019 for first reading. 2. Do not adopt Ordinance number 2010-1019. Staff recommends Alternative #1. 0 CITY OF HOPKINS COUNTY OF HENNEPIN ORDINANCE NO. 2010-1019 AN ORDINANCE AMENDING SECTION 600 OF THE HOPKINS CITY CODE THE COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS FOLLOWS: Section 1. That Section 600.01 be amended by adding the following: 600.01 Provisions of the State Law adopted. The provisions of the State of Minnesota Food Code Chapter 4626, Minnesota Rules 4626.0010 through 4626.1870, and Food Manager Certification Minnesota Rules 4626.2000 through 4626.2010, 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 2. That Section 600.05 to Section 600.45 be deleted: • are read as fe , e S,�,d—z—Feaestab1�shmen-t �tea�s-ate e�erae� that., :st steres, prepare,-paekages, serves, veers-, er etherwise prevides feed fer human eensufffgtien, inelad-ing, but net limited to a restaurant, -er ea-t-er e d feeding—fie ea t i ea, tarke t greeery stere,eenvenienee steEe, -epeeial event feed stand, s eheel , bearding establishment, vending -fflaehine—and leea-tiea, ins-titutren, bakery, whelesale €eed—preeesser er manufaetnrer, feed breker; eust-em preeesser; er relinquishes pessessiereef feed -te-a--eensumer di-reetly -er indiree,'-, y ~hveug a del-ivy—service, including— the —hefae—delivery erders er restzaidEant—takeeut erders, and ca -delivery servient—that Ne t if i eatf-eii--ih The f 6vcc—@i3 tassl i19rniceFlt must subffiit—=wzrcccrr netif reatien—te—the regulatery autherity fee appreva-1 efmss intender to use —the —preeeduree—pre-rdedunderthis part prie- te iffipi ementing—tyre—p r evi s i ease€ this part. me mm ml m ON i- iz. - I— .. ... zz ... Iv, 1) ninia3-um- temperature -ef 24 degrees G (75 degrees F) ; ) A ph of 5 er Tees, unless the manuf-aeturels used}3Feetian-e e€€-eetivene9eta 3) A eeneentratienbet een3:2-5-ftg/L and 25 mg/L wi NOW MIN, mAimll �_- .. 1) ninia3-um- temperature -ef 24 degrees G (75 degrees F) ; ) A ph of 5 er Tees, unless the manuf-aeturels used}3Feetian-e e€€-eetivene9eta 3) A eeneentratienbet een3:2-5-ftg/L and 25 mg/L a) equipment shall be disassembled as neeessarry te allew aeeeiss ewe -detergent eelutien te,all pts Y a) equipment shall be disassembled as neeessarry te allew aeeeiss ewe -detergent eelutien te,all pts • 699.23. n ee-tl-e3 4626.3:32—Scb s ee•tren A%9— amended —fie read as f elle..-. Emeep t ass p eei € i ed—i n item B , mater €ale € e r € ndeer €-leer, wall, and eeiling surfaeee-grader eenditiens of nermel-teee shall be: a}effloe t -h , fable—te resist tie—wear and abuse—t a- hien they are subjeeted, anel easily eleanable fer areas where f8ed establishment eperetieas are ee d ,ete - t}—eieeeiy wevea and easily eleanable—earpet, • re carpeting is permitted; • d) nenabs tine—weaEand rbent, abuse —to—wiieh easily eleanable they are materials sabjee€ed whiehit sldeh as ~, ess stainless steel, eeramle—tile, fiberglass—r-e-infereed panels, ei—similar- few walls in feeepreparatien areas, , feed serving areas, kitepees, bars, ware washing aweas e€ reeffts, fRebiie— feed —establishment —seEvie-ing aEeas, hand ash areas, jaialterial—areas, laundry areas, intei-ier garbage an refuse sterage reems, ar eas---sub eet—te flushing er spFay eleaning FRethe s, and etheE areas subjeet to faeistuEe. Wall materials €e -r ree sed€eine s t -e rage—ef un epeaed , --p aa}eageed eeaerete er faaterlal . bleek eeated with a washable painter 0 a) a supply of ode l esel ng liquid, er- pewder d is pure e� b) a nailbrush at the hand washing lavateEy used by a) indi-vrdu1, di$pesable tewelein a fneuted dispenser; b) a—heated air hand drying—deviee emeept—that a heated .hand-Elrying deviee shall net be tie—enly deviee—p!evided at a sink useel by feed ef&pleyees in a feed preparatien er ware washing area. PVM : ozz� twenty feet eandles of light m_-asaFed at 39 inehee free fleermust be previded. 0 Subd. S. Subdued lighting in dining ieeefais and publie aeeess areas is permissible,,pr-evided that lighting -Meeting tie -awe r eejui-efnen is Wit— be—available —during a l l: e i can up arm ma ie tenaxee-peF i eds in dining Eeefas and alseess aEeas. a) the-eenstruetien of a feed establishment; b) the eenversien of an emistieg-strueture-€er use asa-a-fee establishment; -er e) the extensive rendering-efa-feed establishment er regulatery atithei`ity deterfaincs--tzr are -neee s sari-te ensure eemp l i aeee-with the Cede. Mill a) the-eenstruetien of a feed establishment; b) the eenversien of an emistieg-strueture-€er use asa-a-fee establishment; -er e) the extensive rendering-efa-feed establishment er regulatery atithei`ity deterfaincs--tzr are -neee s sari-te ensure eemp l i aeee-with the Cede. 0 MINE�2 '1111111111 W fiaiim Ill 11 1 0 e,,lvu d. S. Plans and -re__fiezatie shitted shall be g d to eempl—er be deleted fiFefn the pre j eek a) the intended faenu; se-lder served, , eenstrctetien materials, and se€rediales, • d)—Cheer-epesedequipment , manufaeturers, faedeewerrs, ieeatieas, difftessie er€erfnanee—eapeities, and installatien spe-ifieatie s, €)—e €unetienal flew plan ixdieating hew feed will be handled; a -Rd g) ether inferfna ien that regeirebb—tire _ g ,la er autherity fer the—prefer re=view of the pTepeeeel eeaetruetiea, eefpvers}ea, er medifieatien. • Section 3. That Section 600.49, Subdivision 2 i) be amended as follows: i) Temporary Food Stands 1) Temporary Food Stands 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 if you have one 6. Completed Food Service Information Form 2) Temporary Food Stands 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 Stands shall also comply with the health requirements set out in Section 600. Temporary Food Stands are exempt from the provisions of Section 1145 of the Hopkins City Code. • 3) Limitation on Number of Days. A temporary food stand license shall be necessary for each event, and an event shall be limited to a maximum of four (4) continuous days. 4) Limitation on Number of Licenses. No person shall be granted more than four (4) temporary food stand licenses in one calendar year. Section 4. That Section 600.49, Subdivision 2 be amended by adding the following: k) Special Event Food Stands 1) Special Events are defined as any parade, race, procession, carnival, community picnic, celebration, fund raiser, dance, concert, large assembly, or other special event on City property (except parkland) within the corporate limits of the Citv of Hopkins. 2) Special Event Food Stands must provide the following information prior to receiving a license: 1. Name of the establishment 0 • • �J 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 if you have one 6. Completed Food Service Information Form 3) Special Event Food Stands 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. Special Event Food Stands shall also comply with the health requirements set out in Section 600. Special Event Food Stands are exempt from the provisions of Section 1145 of the Hopkins City Code. Section 5. The effective date of this ordinance shall be the date of publication. First Reading: Second Reading: Date of Publication: Date Ordinance Takes Effect ATTEST: Terry Obermaier, City Clerk APPROVED AS TO FORM AND LEGALITY: City Attorney Signature May 18, 2010 June 1, 2010 June 10, 2010 June 10, 2010 Date Gene Maxwell, Mayor