KC Skyline

City Clerk Web Search

Search the Ordinances:

Legislation #: 040658 Introduction Date: 6/10/2004
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 30, Code of Ordinances, by repealing Sections 30-71 through 30-77 and enacting in lieu thereof new Sections 30-71 through 30-77 that adopt the 2001 FDA Food Code with modifications and incorporating the Code by reference, and to add seasonal and catering permits from previous types of food permits.

Legislation History
DateMinutesDescription
6/10/2004

Prepare to Introduce

6/10/2004

Referred Neighborhood Development and Housing Committee

6/16/2004

Do Pass

6/17/2004

Assigned to Third Read Calendar

6/24/2004

Re-Referred Neighborhood Development and Housing Committee

6/30/2004

Hold On Agenda

7/7/2004

Advance and Do Pass as a Committee Substitute

7/8/2004

Passed as Substituted


View Attachments
FileTypeSizeDescription
No attachment(s) found

Printer Friendly Version

COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 040658

 

Amending Chapter 30, Code of Ordinances, by repealing Sections 30-71 through 30-77 and enacting in lieu thereof new Sections 30-71 through 30-77 that adopt the 2001 FDA Food Code with modifications and incorporating the Code by reference, and to add seasonal and catering permits from previous types of food permits.

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 30, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 30-71 through 30-78, and enacting in lieu thereof new sections of like numbers and subject matters, to read as follows:

 

ARTICLE III. FOOD SERVICE ESTABLISHMENTS

 

Sec. 30-71. 2001 Food Code Adopted.

 

(a) The Food Code, 2001 Recommendations of the United States Public Health Service/Food and Drug Administration, Section 1-101.10 through section 8-813.10, as published by the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration be, and is hereby adopted as, the 2001 Food Code (2001 Food Code) of the City of Kansas City, Missouri for regulating the design, construction, management and operation of food establishments, and providing for plans submission and approval and the issuance of permits and collection of fees therefore. The 2001 Food Code is hereby adopted by reference with modifications as specified in this Article, and for all intents and purposes incorporated into this Article as if fully set forth in this Article, and shall be in force and effect as the 2001 Food Code of the city, and may be cited as such.

(b) Exceptions to the incorporation by reference are as follows:

 

(1) Section 1-201.10(B)(31)(a)(i) Delete: [Such as a restaurant; satellite or catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending location; conveyance used to transport people; institution; or food bank; and] and Substitute: Such as a restaurant; central preparation facility; catered feeding location; catering operation if the operation provides food directly to a consumer or to a conveyance used to transport people; market; vending (location) operation, if the operation provides potentially hazardous foods; conveyance used to transport people; institution; or food bank; and;

 

(2) Section 1-201.10(B)(31)(b)(i) Delete: [An element of the operation such as a transportation vehicle or a central preparation facility that supplies a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority; and] and Substitute: An element of the operation such as a transportation vehicle or a satellite catered feeding location, a vending location or satellite feeding location unless the vending or feeding location is permitted by the regulatory authority;

 

(3) Section 1-201.10(B)(31)(c)(vi) Delete: [A kitchen in a private home, such as a small family daycare provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 6, breakfast is the only meal offered, the number of guests served does not exceed 18, and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration


area that the food is prepared in a kitchen that is not regulated and inspected by the regulatory authority; or] and Substitute: A kitchen in a private home, such as a small family daycare provider; or a bed-and-breakfast operation that prepares and offers food to guests if the home is owner occupied, the number of available guest bedrooms does not exceed 4, breakfast is the only meal offered, the number of guests served does not exceed 12, and the consumer is informed by statements contained in published advertisements, mailed brochures, and placards posted at the registration area that the food is prepared in a kitchen that is not regulated and inspected by the regulatory authority;

 

(4) Section 2-103.11(L) Delete: [Employees are properly trained in FOOD safety as it relates to their assigned duties.] Substitute: Food employees shall obtain a food handlers permit within thirty (30) calendar days of employment in a food establishment;

 

(5) Section 2-302.11(B) Delete: [Unless wearing intact gloves in good repair, a food employee may not wear fingernail polish or artificial fingernails when working with exposed food.] and Substitute: While preparing food, employees shall not wear artificial nails or fingernail polish;

 

(6) Section 3-501.16(A)(2)(b)(ii) Upon the REGULATORY AUTHORITYS adoption of this code, EQUIPMENT that is upgraded or replaced shall maintain FOOD at a temperature of 41EF or less. If a refrigeration unit is found to be exceeding 45EF for 3 consecutive inspections, it shall be brought into compliance with 41EF or be replaced with a unit that is capable of maintaining product temperatures of 41EF or below.;

 

(7) Section 3-501.17(A)(2)(b) Upon the REGULATORY AUTHORITYS adoption of this code, the EQUIPMENT is upgraded or replaced to maintain FOOD at a temperature of 5EC (45E) or less. If a refrigeration unit is found to be exceeding 45EF for 3 consecutive inspections, it shall be brought into compliance with 41EF or be replaced with a unit that is capable of maintaining product temperatures of 41EF or below.;

 

(8) Delete Section 4-301.12(C)(5) in its entirety;

 

(9) Delete Section 4-301.12(C)(6) in its entirety;

 

(10) Delete Section 4-301.12(D) and (E) in their entirety;

 

(11) Delete Section 4-603.16(C) in its entirety;

 

(12) Section 4-603.16(D)(2) Delete: [Wasted] and Substitute: Drained;

 

(13) Section 5-103.12 Delete: [Water under pressure shall be provided to all fixtures, equipment, and non-food equipment that are required to use water except that water supplied as specified under 5-104.12(A) and (B) to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure.] and Substitute: Water under pressure shall be provided to all fixtures, equipment, and non-food equipment that are required to use water except that water supplied as specified under 5-104.12(A) and (B) to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure if approved.;

 

(14) Section 5-203.11(C) Delete: [If approved, when food exposure is limited and handwashing lavatories are not conveniently available, such as in some mobile or temporary food establishments or at some vending machine locations, employees may use chemically treated towelettes for handwashing.] and Substitute: [If approved, when food exposure is limited to packaged food and handwashing lavatories are not conveniently available, such as in some mobile or temporary food establishments or at some vending machine locations, employees may use chemically treated towelettes and/or approved hand sanitizers for handwashing];

 

(15) Delete Section 5-205.13 in its entirety;

 

(16) Section 6-202.13(B) Delete: [Insect control devices shall be installed so that] and Substitute: [All other insect control devices shall be installed so that:];

 

(17) Section 6-202.17 Delete: [If located outside, a machine used to vend food shall be provided with overhead protection except that machines vending canned beverages need not meet this requirement.] and Substitute: [If located outside, a machine used to vend food shall be provided with overhead protection except that machines designed for outdoor use need not meet this requirement.];

 

(18) Section 6-301.14 Delete: [used by FOOD EMPLOYEES and shall be clearly visible to FOOD EMPLOYEES.] and Substitute: [and in all restrooms including public restrooms and shall be clearly visible to all FOOD EMPLOYEES and other users.];

(19) Delete Section 8-202.10 in its entirety;

 

(20) Delete Section 8-304.10 in its entirety;

 

(21) Section 8-304.11 (H) Delete [Upgrade or replace refrigeration EQUIPMENT as specified under 3-501.16(C), if the circumstances specified under Subparagraphs (G) (1)-(3) of this section do not occur first, and 5 years pass after the REGULATORY AUTHORITY adopts this Code; and Substitute: [Upgrade or replace refrigeration EQUIPMENT as specified under 3-501.16(C).];

 

(22) Section 8-304.11(I) Delete: [Comply with the directives of the REGULATORY AUTHORITY including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the REGULATORY AUTHORITY in regard to the PERMIT HOLDERS FOOD ESTABLISHMENT or in response to community emergencies.] Substitute: [Comply with the directives of the REGULATORY AUTHORITY including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and obtain FOOD HANDLER cards for each employee who prepares, handles, or dispenses food for human consumption, or who comes into contact with food or food preparation utensils as specified under 2-103.11(L), and other directives issued by the REGULATORY AUTHORITY in regard to the PERMIT HOLDERS FOOD ESTABLISHMENT or in response to community emergencies. Three (3) year FOOD HANDLER cards shall be obtained from the City of Kansas City, Missouri Health Department either upon completion of a FOOD HANDLERs Course through the Health Department or upon the Health Departments approval of a comparable FOOD HANDLER permit or card from another jurisdiction. The FOOD HANDLER card requirement will be phased in according to the following schedule:

 

A. Within one year of adoption of this Code: thirty (30) percent of employees shall possess a FOOD HANDLER card.

 

B. Within two years of adoption of this Code: sixty (60) percent of employees shall possess a FOOD HANDLER card.

 

C. Within three years of adoption of this Code: ninety (90) percent of employees shall possess a FOOD HANDLER card.];

(23) Section 8-401.10(A) Delete: [Except as specified in (B) and (C) of this section, the REGULATORY AUTHORITY shall inspect a FOOD ESTABLISHMENT at least once every 6 months] Substitute: [The REGULATORY AUTHORITY shall inspect a Food Establishment at intervals averaging six months.];

(24) Section 8-401.10(B)(2) Delete: [The FOOD ESTABLISHMENT is assigned a less frequent inspection frequency based on a written RISK-based inspection schedule that is being uniformly applied throughout the jurisdiction and at least once every six months the establishment is contacted by telephone or other means by the REGULATORY AUTHORITY to ensure that the establishment manager and the nature of the FOOD operation are not changed; or] Substitute: [The REGULATORY AUTHORITY may inspect less frequently than six month average intervals if:

 

A. The FOOD ESTABLISHMENT is fully operating under an APPROVED and validated HACCP plan as specified under 8-103.12(A) and (B) and 8-201.14;

 

B. The FOOD ESTABLISHMENT is assigned a less frequent inspection frequency based on written RISK-based inspection schedule that is being uniformly applied throughout the jurisdiction; and

 

C. The establishments operation involves only coffee service and other unpackaged or prepackaged food that is not potentially hazardous such as carbonated beverages and snack food such as chips, nuts, popcorn, and pretzels.

 

(25) Section 8-401.20 Delete [Within the parameters specified in 8-401.10, the REGULATORY AUTHORITY shall prioritize, and conduct more frequent inspections based upon its assessment of a FOOD ESTABLISHMENTS history of compliance with this Code and the establishments potential as a vector of foodborne illness by evaluation:] and Substitute: [The REGULATORY AUTHORITY shall prioritize, and may conduct more frequent inspections based upon its assessment of a FOOD ESTABLISHMENTS history of compliance with this Code and the establishments potential as a vector of foodborne illness by evaluation.];

 

(26) Section 8-403.10(B)(7) Insert: [Failure to provide proper documentation for FOOD HANDLER cards will be considered a critical violation.];

 

(27) Section 8-403.50 Delete [Except as specified in 8-202.10] and Add [The REGULATORY AUTHORITY may also publish information from the inspection report on the internet.];

 

(28) Section 8-405.11(C)Insert: [The REGULATORY AUTHORITY shall specify a time frame not to exceed 14 calendar days after an audit for the permit holder to provide proper documentation of FOOD HANDLER cards. Failure to provide documentation will result in the charge of a reinspection fee.];

 

(29) Delete Section 8-805.90 in its entirety;

 

(30) Section 8-806.40(B) Delete [and assessing, levying, and ordering a reasonable civil penalty, according to LAW and not to exceed the amount specified in section 8-813.10(B) for each violation of this Code that is alleged and found to be committed, and calculated based on each day a violation occurs as specified in section 8-813.10(C)];

 

(31) Section 8-806.40(D) Delete [and assessing, levying, and ordering a reasonable civil penalty, in accordance with LAW and not to exceed the amount specified in section 8-813.10(B) for each violation of this Code that is alleged and found to be committed, and calculated based on each day a violation occurs as specified in section 8-813.10(C)]; and

 

(32) Delete Section 8-813.10 (B) and (C).

 

Sec. 30-72. Definitions.

 

REGULATORY AUTHORITY (as used in the 2001 Food Code) shall mean the director of health or the directors authorized representative.

 

FOOD EMPLOYEE (as used in the 2001 Food Code) shall also include FOOD HANDLER.

 

FOOD HANDLER means an employee who prepares, handles, or dispenses food for human consumption, or who comes into contact with food or food preparation utensils as specified under 2-103.11(L).

 

Sec. 30-73. Permits.

 

Section 8-301.11 of the 2001 Food Code is amended to read as follows: A PERSON may not operate a FOOD ESTABLISHMENT without a valid PERMIT to operate issued by the REGULATORY AUTHORITY. A PERSON is required to apply for and obtain and pay for a separate FOOD ESTABLISHMENT PERMIT for each of the types of FOOD ESTABLISHMENT operations listed in subsections (1) through (7):

 

(1) Ice Cream Vendor Permit: issued to a person who sells prepackaged frozen ice cream products or novelties from a motor vehicle designed for that purpose.

 

(2) Market Type Establishment Permit: issued to an establishment wherein any place or section of a place where food and food products are offered to the consumer and intended for off-premise consumption. The term includes delicatessens that offer prepared food in bulk quantities only. The term does not include establishments, which handle only prepackaged, non-potentially hazardous foods; roadside markets that offer only fresh fruits and fresh vegetables for sale; restaurant type establishments; or food and beverage vending machines.

 

(3) Mobile Food Service Permit: issued to a vehicle-mounted restaurant type establishment designed to be readily movable.

 

(4) Pushcart Permit: issued to a person using a non-self-propelled vehicle limited to serving non-potentially hazardous foods or commissary-wrapped food maintained at proper temperatures, or limited to the preparation and serving of frankfurters.

 

(5) Restaurant Type Establishment permit: issued to a place or section of a place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term includes delicatessens that offer prepared food in individual service portions. The term does not include private homes where food is prepared or served for individual family consumption, market type establishments, the location of food vending machines, and supply vehicles.

 

(6) Temporary Food Service Establishment Permit: issued to a restaurant type establishment that operates at a fixed location for a period of time of not more than 14 consecutive days in conjunction with a single event or celebration. Those establishments whose principle mode of business is not the sale of food or beverages who in conjunction with their special event occasionally offer non-potentially hazardous foods such as pretzels and peanuts free of charge to their clientele no more frequently than once per month are exempt from obtaining a temporary permit. All food served shall be obtained from sources that comply with all laws that relating to food and food labeling.

 

(7) Truck Sales Vendor Permit: issued to a person who sells prepackaged frozen foods at retail from a motor vehicle that is equipped with a refrigeration unit capable of maintaining a temperature of 0 degrees Fahrenheit.

 

(8) Catering Permit: issued to a permitted restaurant type establishment who can apply for a catering license issued by the REGULATORY AUTHORITY to conduct food service activities outside of their permitted establishments. Catering permits will be issued to those establishments who have demonstrated proper food safety knowledge relating to the food preparation and transportation techniques. The REGULATORY AUTHORITY reserves the right to deny or revoke catering permits to those establishments that have not demonstrated the ability to safety operate food operations off-site.

 

(9) Seasonal Vendor Permit: issued to an operation that serves only non-potentially hazardous foods or prepackaged potentially hazardous food offered for retail sale that is properly labeled and kept in mechanical refrigeration equipment capable of maintaining the product at 41 degrees (F) or below. This permit is valid for a period not to exceed 6 months from date of issuance. Seasonal permits will not be renewed on a consecutive basis.

 

Sec. 30-74. Penalties.

 

Section 8-811.10 of the 2001 Food Code is amended to read as follows:

 

(a) The REGULATORY AUTHORITY may seek to enforce the provisions of this Code and its orders by instituting proceedings as provided in LAW against the PERMIT HOLDER or other PERSONS who violate its provisions.

 

(b) Any PERSON who violates a provision of this Code may be punished by a fine of not more than $500.00, or by imprisonment not exceeding six months, or both such fine and imprisonment. Each day on which a violation occurs is a separate violation under this section.

 

Sec. 30-75. Fees.

 

(a) Directors authority. The director is authorized to charge for the actual cost of providing the 2001 Food Code to any user and the actual cost of providing any food protection education classes and FOOD HANDLER cards.

 

(b) Fee schedule. All fees shall be paid in accordance with the fee schedule contained in this subsection (b). Restaurant type establishments shall pay fees based on the number of its employees and market type establishments shall pay fees based on the total square footage of the market type operation within the building. The appropriate fee shall be determined on the date of the application. Temporary food service establishments shall pay fees based on the number of days of operation and each temporary food service establishment at any given event or location is required to obtain and pay for a permit in the amount required by the fee schedule of this subsection (b) prior to beginning operation. Truck sales vendor, mobile food service/pushcart and ice cream vendor shall pay the fees in the fee schedule that correspond to truck sales vendor, mobile food service/pushcart and ice cream vendor for each vehicle operated. Catering and Seasonal vendor permit holders shall pay the fees in the fee schedule that correspond to catering and seasonal vendor permits.

 

FEE SCHEDULE

 

 

 

 

 

 

 

 

 

 

 

Permit Fee

Plan Review Fee

First Reinspection Fee

Each Additional Reinspection Fee

 

 

Restaurant type establishments

 

 

 

 

 

0--5 employees

$275.00

$70.00

$75.00

$100.00

 

6--9 employees

345.00

85.00

75.00

150.00

 

10--40 employees

410.00

105.00

75.00

200.00

 

41 or more employees

480.00

120.00

75.00

250.00

Catering

 

250.00

N/A

75.00

75.00

 

Market Type Establishments

 

 

 

 

 

 

Under 3,000 sq. ft.

205.00

50.00

75.00

100.00

 

3,000--30,000 sq. ft.

410.00

105.00

75.00

150.00

 

30,001--40,000 sq. ft.

550.00

140.00

75.00

200.00

 

40,001--60,000 sq. ft.

825.00

205.00

75.00

250.00

 

Over 60,000 sq. ft.

1,030.00

260.00

75.00

250.00

Truck sales vendor

 

205.00

N/A

75.00

100.00

 

Mobile food service/pushcart

 

140.00

N/A

75.00

100.00

 

Ice cream vendor

 

25.00

N/A

75.00

100.00

 

Temporary food service

 

 

 

 

 

 

1 day operation

50.00

N/A

50.00

100.00

 

2 days operation

75.00

N/A

50.00

100.00

 

3--14 days operation

150.00

N/A

50.00

100.00

 

Not for profit-temp food service

25.00

N/A

50.00

75.00

 

Seasonal vendor

 

6 months

150.00

N/A

75.00

75.00

 

(1) Annual permits. All permits are annual permits and shall be valid from January 1 through December 31, except for temporary food service establishment permits and seasonal vendor permits. All persons who operate a restaurant type establishment, market type establishment, mobile food service or pushcart or as a truck sales vendor or ice cream vendor shall obtain and pay for an annual permit in the amount required by the fee schedule of this subsection (b) prior to beginning operation. All persons are required to obtain an annual permit for each type of operation as defined in subsection (a) of this section and if a location has multiple operations or more than one type of operation, a permit must be obtained and paid for each operation in the amount required by the fee schedule of this subsection (b) prior to beginning operation. Any person who operates as a truck sales vendor, catering, ice cream vendor, mobile food service or pushcart vendor shall obtain and pay for an annual permit for each vehicle in the amount required by the fee schedule of this subsection (b) prior to beginning operation. If a location has multiple FOOD ESTABLISHMENTS or types of FOOD ESTABLISHMENTS as specified in subsections (1) through (9), the PERSON must apply, obtain and pay for a separate permit for each operation.

 

(2) Plan review fees. When a person is required to submit plans for the construction, conversion or remodeling of any food establishment as defined by the 2001 Food Code to the health department for review as specified under section 8-201.11 of the 2001 Food Code, the person shall pay a plan review fee in the amount set forth in the fee schedule of this subsection (b).

(3) Lost permit fee. There shall be a $12.50 charge to replace a lost permit.

(4) Processing fee for initial permit and change in ownership. If a person is applying for an initial permit or new permit due to a change in ownership for a restaurant type establishment, market type establishment or truck sales vendor, the person shall pay a processing fee of $50.00 per permit. If a person is applying for an initial permit or a new permit due to a change in ownership for a mobile unit or push cart, catering or ice cream vendor establishment, the person shall pay a processing fee of $25.00 per permit. The processing fee is in addition to all other fees.

 

(5) Initial permit fees. If an application is for an initial permit, the person shall estimate the number of employees who will be working at the food establishment or the square footage. If the estimate is inaccurate, the permit holder shall amend the application and pay the appropriate fee. In the event an initial permit application is filed to begin operation anytime during the period of October 1 through December 31 for a restaurant type or market type establishment, the permit fee shall be 25 percent of the annual fee.

 

(6) Late Fee. Permit renewals not submitted to the Health Department by January 31 will be charged a $25.00 late fee.

 

(7) Exemption. No charge shall be made for issuance of a permit, license or certificate to a food service establishment operated by a public tax-supported entity, such as a public school district.

 

(c) The city council shall have the authority to annually adjust all fees in subsection (b) to reflect an increase equal to an increase in the consumer price index (all items/all urban consumers/Kansas City, Missouri-Kansas) published by the United States Department of Labor, Bureau of Labor Statistics if the fees imposed in subsection (b) will not cover the cost of the city's food protection program. The authorization for the city council to annually increase fees to cover the costs of the food protection program shall be cumulative and the failure of the city council to raise fees in any one year shall not waive the city council's authority to cumulatively raise fees by the consumer price index for missed years as long as the funds are used to fund the city's cost of the food protection program. The adjustments shall be made annually by the city council in conjunction with the adoption of the annual budget of the city by filing a notice with the city clerk.

 

(d) Refunds. There shall be no refund of any fee paid pursuant to this section.

 

Sec. 30-76. Vending Machines.

 

(a) Definitions. The following definitions apply to this section:

 

(1) Operator means the person that is legally responsible for the operation of the vending machine such as the owner, owners agent or any other person.

 

(2) Vending Machine means a self-service device that, upon insertion of a coin, paper currency, token, card, or key, or by optional manual operation, dispenses unit servings of FOOD in bulk or in packages without the necessity of replenishing the device between each vending operation.

 

(b) All operators of vending machines are required to operate and maintain vending machines in compliance with the 2001 Food Code but are not required to obtain a permit for the vending machines. The director is not required to inspect vending machines but may inspect a vending machine for any reason. The operator shall provide access to the vending machine and cooperate with the director.

 

Sec. 30-77. Recognition for Quality Food Establishments.

 

The director of Health is hereby authorized to create a non-monetary quality award(s) that will be presented to FOOD ESTABLISHMENTS, as defined by the 2001 Food Code, that continuously demonstrate excellent compliance with the 2001 Food Code. The director shall develop criteria for the award(s) utilizing standards set forth in the 2001 Food Code and may incorporate recommendations from the Food Protection Advisory Committee. The award(s) may be in the form of a certificate or other similar format issued by the director, which may be displayed in the FOOD ESTABLISHMENTs premises. The award(s) shall be property of the city and may be reclaimed at any time by the director when the FOOD ESTABLISHMENT fails to meet the standards of excellence established the director.

 

________________________________________________________

 

Approved as to form and legality:

 

 

_______________________________

Joseph Guarino

Assistant City Attorney