ORDINANCE NO. 081252
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 of like title and subject matter to
adopt the 2005 FDA Food Code with various modifications and incorporating the
Code by reference.
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. 2005 Food Code
Adopted.
(a) The Food
Code, 2005 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 2005 Food Code (2005
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 2005 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 Kansas City Missouri Food Code Book, 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 2-101.11 Assignment. Delete: [The
PERMIT HOLDER shall be the PERSON IN CHARGE or shall designate a PERSON IN
CHARGE and shall ensure that a PERSON IN CHARGE is present at the FOOD
ESTABLISHMENT during all hours of operation.] and Substitute: [The
PERMIT HOLDER shall be the PERSON IN CHARGE or shall designate a PERSON IN
CHARGE and shall ensure that a PERSON IN CHARGE is present at the FOOD
ESTABLISHMENT during all hours of operation The PERSON IN CHARGE must be a
person knowledgeable in the processes of the food service operation or PERSON
IN CHARGE must be certified by either a nationally recognized food safety
manager training or manager training from the KCMO Health Department.
Certification of PERSON IN CHARGE will be authorized for five (5) years. In
each food preparation area within a permitted facility, a PERSON IN CHARGE must
be actively engaged in the supervision and monitoring of food preparation and
serving by the employees in that area.];
(5) Section 2-103.11(L) Delete: [Employees are
properly trained in FOOD safety as it relates to their assigned duties.]
and Substitute: [Food employees shall obtain a food handlers
permit within thirty (30) calendar days of employment in a food establishment];
(6) Delete
Section 3-501.16(A)(2)(b)(ii) in its entirety;
(7) Delete
Section 3-501.17(A)(2)(b) in its entirety ;
(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) 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:];
(16) 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.];
(17) 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.];
(18) Delete
Section 8-202.10 in its entirety;
(19) Delete
Section 8-304.10 in its entirety;
(20) Section 8-304.11 (H) Delete: [Upgrade
or replace refrigeration EQUIPMENT as specified under 3-501.15(C)] and
Substitute: [Inform the REGULATORY AUTHORITY when changing, upgrading, modifying and updating existing menu and/or
type of cuisine.]
(21) Section 8.304.11(I) Responsibilities of the Permit Holder: Delete:
[Comply with directives of the REGULATORY AUTHORITY including timeframes
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.] and
Substitute: [Comply with directives of the REGULATORY AUTHORITY
including timeframes for corrective actions specified in inspection reports,
notices, orders, warnings, and obtain FOOD HANDLER CARDS for each EMPLOYEE that
prepares, handles, or dispenses FOOD for human consumption, or that 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
following persons shall have a food handler card: cooks, including chef and
sous chefs and all staff involved in the preparation of food. This provision
does not apply to dishwashers, bus staff, cashiers, maitresd, servers,
hostesses, front of house staff that do not come into direct contact with
food, either through serving or the preparation thereof, or to bartenders and
other staff persons who only mix and prepare drinks or dispense ice and who
have a valid liquor permit, as these individuals will be required to obtain
education from Regulated Industries as part of the application or renewal
process for liquor permits. FOOD EMPLOYEES whose only preparation duties
include dispensing ice, water, or drinks through automatic dispensers are
likewise not required to meet this provision. At the time of inspection by
authorized REGULATORY AUTHORITY inspectors, a certified food service operations
manager on duty and, at a minimum, fifty per cent (50%) of required food
handler staff, as outlined above, shall be in compliance with this requirement,
or for food service operations where no manager is certified, eighty per cent
(80%) of required food handler staff, as outlined above, shall be in compliance
with this requirement.];
(22) 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] and Substitute: [The
REGULATORY AUTHORITY shall inspect a Food Establishment at intervals averaging
six months.];
(23) 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] and 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.];
(24) 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.];
(25) Sections 8-402.40 Delete: [If denied access to a FOOD
ESTABLISHMENT for an authorized purpose and after complying with 8-402.20,
the REGULATORY AUTHORITY may issue, or apply for the issuance of, an inspection
order to gain access as provided in LAW.] and Substitute :[ If denied
access to a FOOD ESTABLISHMENT for an authorized purpose and after complying
with 8-402.20, the REGULATORY AUTHORITY may;
(A) Issue, or apply for the issuance of, an inspection order to
gain access as provided in LAW; or
(B) Issue
Permit summary suspension order.];
(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 Substitute: [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) Section 8-701.20 (C) Insert: [A notice posted by the
REGULATORY AUTHORITY at the public entrance to the FOOD ESTABLISHMENT shall be
removed ONLY by the REGULATORY AUTHORITY];
(30) Section 8-804.10 Delete :[The REGULATORY
AUTHORITY may summarily suspend a PERMIT to operate a FOOD ESTABLISHMENT if it
determines through inspection, or examination of EMPLOYEES, FOOD, records, or
other means as specified in this Code, that an IMMINENT HEALTH HAZARD exists.]
and Substitute :[ (A)The REGULATORY AUTHORITY may summarily suspend a
PERMIT to operate a FOOD ESTABLISHMENT if:
(1) The REGULATORY AUTHORITY determines through inspection, or
examination of EMPLOYEES, FOOD, records, or other means as specified in this
Code, that an Actual or IMMINENT HEALTH HAZARD exists;
(2) Operations, facilities, or equipment in the FOOD
ESTABLISHMENT fail to comply with conditions specified in this Code;
(3) The PERMIT HOLDER does not comply with regulations specified
in this Code; or
(4) Interference with the REGULATORY AUTHORITY in the performance
of its duties has occurred.
(B) The REGULATORY AUTHORITY may revoke a FOOD ESTABLISHMENT
permit after providing the PERMIT HOLDER an opportunity for a hearing if:
(1) Serious and repeated violation(s) of any requirements of
these regulations according to the Code have occurred; or
(2) Repeated interference with, or assault upon a representative
of the REGULATORY AUTHORITY in the performance of his/her duty, has occurred.
(3) PERMIT HOLDER fails to comply with a permit suspension order.
(C) The REGULATORY AUTHORITY may adopt and use a permit suspension
process different than specified under the provisions of this Code.];
(31) Section 8-804.50 (B) Delete: [The suspended PERMIT
shall be reinstated immediately if the REGULATORY AUTHORITY determines that the
public health HAZARD or nuisance no longer exists. A notice of reinstatement
shall be provided to the PERMIT HOLDER or PERSON IN CHARGE.] and Substitute:[(B)
The REGULATORY AUTHORITY may initiate any one, or a combination of, compliance
methods that include, but are not limited to:
(1) Holding an administrative conference with the food
establishment PERMIT HOLDER or person in charge;
(2) Placing
the FOOD ESTABLISHMENT on probation;
(3) Setting conditions for continued operation of the FOOD
ESTABLISHMENT, by the PERMIT HOLDER, during the probation period;
(4) Requiring additional education and/or training of FOOD
EMPLOYEES OR CONDITIONAL EMPLOYEES, management, and owners of the FOOD
ESTABLISHMENT; and
(5) Completing a hazard analysis critical control point (HACCP)
evaluation and requiring monitoring procedures be implemented for critical
control points identified.
(C) The suspended PERMIT may be reinstated if the REGULATORY
AUTHORITY determines that the public health HAZARD or nuisance no longer
exists. A notice of reinstatement shall be provided to the PERMIT HOLDER or
PERSON IN CHARGE.];
(32) Section 8-804-60 Insert: [8-804-60 Term of Revocation,
Reinstatement of Permit
(A) Before revocation, the REGULATORY AUTHORITY shall notify, in
writing, the PERMIT HOLDER of the specific reason(s) why the permit is to be
revoked. The notice will state:
(1) The permit will be revoked at the end of the ten calendar
days following the notice unless a written request for a hearing is filed with
the REGULATORY AUTHORITY by the PERMIT HOLDER within such ten-day period; and
(2) If a request for a hearing is not filed by the PERMIT HOLDER
within the ten-day period, the revocation of the permit becomes final.
(B) Any person whose food establishment permit has been revoked by
the REGULATORY AUTHORITY, after a period of six months, may:
(1) Make written application for a new permit; and
(2) Request a hearing with the REGULATORY AUTHORITY to determine
whether a new permit will be issued.
(C) The REGULATORY AUTHORITY may use a permit revocation process
different than specified under the provisions of this Code];
(33) Section 8-805.30 (B)(1) Delete :[Requested as specified
in 8-805.10, and] and Substitute :[ Requested as specified in
8-805.10 and 8-804.60, and ];
(34) Delete
Section 8-805.10 (A) in its entirety;
(35) Section 8-805.10 Delete: [Response to Notice of Hearing
or Request for Hearing, Administration Basis and Time Frame. (A) A PERSON who
receives a notice of hearing for an administrative remedy as specified in Part
8-7, 8-801.10, or 8-805.30(A) and elects to respond to the notice shall
file a response to notice as specified in 8-805.20 within 7 calendar days
after service. (B) A PERMIT applicant may request a hearing regarding the
disposition of an application for a new or revised PERMIT if the REGULATORY
AUTHORITY does not issue or deny the PERMIT within the time frame specified in
LAW. (C) A PERMIT HOLDER may request a hearing to address concerns about the
REGULATORY AUTHORITY'S denial of application for a PERMIT or request for a VARIANCE,
or compliance actions, except that a hearing request does not stay the
REGULATORY AUTHORITY'S RESTRICTION or EXCLUSION of EMPLOYEES specified in
8-501.10 - 8-501.40, a hold order specified in 8-803.10, or the imposition of
a summary suspension specified in 8-804.10. (D) A PERSON desiring a hearing
in response to a denial of an application for PERMIT or an adverse
administrative determination shall submit a hearing request to the REGULATORY
AUTHORITY within 10 calendar days of the date of the denial, inspection, or
compliance action, unless the REGULATORY AUTHORITY specifies in certain
situations that the request shall be submitted within a shorter period of time.]
and Substitute :[Request for Hearing, Administration Basis and Time
Frame. (A) A PERMIT applicant may request a hearing regarding the
disposition of an application for a new or revised PERMIT if the REGULATORY
AUTHORITY does not issue or deny the PERMIT within the time frame specified in
LAW.
(B) A PERMIT HOLDER may request a hearing to address concerns about the REGULATORY
AUTHORITY'S denial of application for a PERMIT or request for a VARIANCE, or
compliance actions, except that a hearing request does not stay the REGULATORY
AUTHORITY'S RESTRICTION or EXCLUSION of EMPLOYEES specified in 8-501.10 -
8-501.40, a hold order specified in 8-803.10, or the imposition of a summary
suspension specified in 8-804.10.
(C) A PERSON desiring a hearing in response to a denial of an application for PERMIT
or an adverse administrative determination shall submit a hearing request to
the REGULATORY AUTHORITY within 10 calendar days of the date of the denial, inspection,
or compliance action, unless the REGULATORY AUTHORITY specifies in certain
situations that the request shall be submitted within a shorter period of time.];
(36) Section 8-805.20 Delete: [Response to a Notice of
Hearing or Request for Hearing, Required Form and Contents. A response to a
hearing notice or a request for hearing as specified in 8-805.10 shall be in
written form and contain the following:
(A) If a
response to notice of hearing,
(1) An admission or denial of each allegation of fact;
(2) A statement as to whether the respondent waives the right to
a hearing; and may also contain
(3) A statement of defense, mitigation, or explanation concerning
any allegation of fact; and
(4) A request to the REGULATORY AUTHORITY for a settlement of the
proceeding by consent agreement, if the REGULATORY AUTHORITY will provide this
opportunity.
(B)
If a request for hearing,
(1) A statement of the issue of fact specified in 8-805.30(B)
for which the hearing is requested; an
(2) A statement of defense, mitigation, denial, or explanation concerning
each allegation of fact
(C)
If either a response to notice of hearing or a request for a hearing,
(1) A statement indicating whether the presence of witnesses for
the REGULATORY AUTHORITY is required; and
(2) The name and address of the respondent's or requester's legal
counsel, if any.] and Substitute :[Request for Hearing, Required
Form and Contents.
A request for hearing as specified in 8-805.10 shall be in written form and
contain the following:
(A) A statement of the issue of fact specified in 8-805.30(B)
for which the hearing is requested; an
(B) A statement of defense, mitigation, denial, or explanation concerning
each allegation of fact
(C) A statement indicating whether the presence of witnesses for
the REGULATORY AUTHORITY is required; and
(D) The name and address of the respondent's or requester's legal counsel,
if any.];
(37) Section 8-805.50 Delete: [Timeliness, Appeal Proceeding
Within 5 Business Days, Other Proceeding Within 30 Calendar Days.
(A) The REGULATORY AUTHORITY shall afford a hearing:
(1) Except as provided in (B) of this section, within 5 business days after
receiving a written request for an appeal hearing from:
(a) A PERSON who is EXCLUDED by the REGULATORY AUTHORITY from working in a FOOD
ESTABLISHMENT as specified in 8-501.10 - 8-501.40, (b) A PERMIT HOLDER or
PERSON whose FOOD is subject to a hold order as specified in Subpart 8-803, or
(c) A PERMIT HOLDER whose PERMIT is summarily suspended as specified in Subpart
8-804; and (2) Within 30 calendar days but no earlier than 7 calendar days
after the service of a hearing notice to consider administrative remedies for
other matters as specified in 8-805.10(C) or for matters as determined
necessary by the REGULATORY AUTHORITY. (B) A PERMIT HOLDER or PERSON who
submits a request for a hearing as specified in Subparagraphs (A)(1)(a)-(c) of
this section may waive the prompt hearing in the written request to the
REGULATORY AUTHORITY.] and Substitute :[ Timeliness, Appeal Proceeding
Within 10 Business Days, Other Proceeding Within 30 Calendar Days. (A) The
REGULATORY AUTHORITY shall afford a hearing: (1) Except as provided elsewhere
in this section, within 10 business days after receiving a written request for
an appeal hearing from:
(a) A PERSON who is EXCLUDED by the REGULATORY AUTHORITY from working in a FOOD
ESTABLISHMENT as specified in 8-501.10 - 8-501.40, (b) A PERMIT HOLDER or
PERSON whose FOOD is subject to a hold order as specified in Subpart 8-803, or
(c) A PERMIT HOLDER whose PERMIT is summarily suspended as specified in Subpart
8-804, or (d) A PERMIT HOLDER whose PERMIT is subject to Revocation as
specified in Subpart 8-804.60;
(2) Within 30 calendar days but no earlier than 7 calendar days after the
service of a hearing notice to consider administrative remedies for other
matters as specified in 8-805.10(C) or for matters as determined necessary by
the REGULATORY AUTHORITY. (B) A PERMIT HOLDER or PERSON who submits a request
for a hearing as specified in Subparagraphs (A)(1)(a)-(c) of this section may
waive the prompt hearing in the written request to the REGULATORY AUTHORITY];
(38) Delete Section 8-805.60 in its entirety;
(39) Delete
Section 8-805.70 in its entirety;
(40) Delete
Section 8-805.80 in its entirety;
(41) Delete
Section 8-805.90 in its entirety;
(42) Section 8-806.10 Delete:[The REGULATORY AUTHORITY may
appoint a PERSON such as an adjudicator, administrative LAW judge, or examiner,
hereinafter referred to as a hearing officer, who presides over a proceeding
initiated by the REGULATORY AUTHORITY or by a PERSON contesting an action of
the REGULATORY AUTHORITY, to perform one or more of the following:] and
Substitute:[The REGULATORY AUTHORITY may appoint a PERSON such
as the Director of Health, an adjudicator, administrative LAW judge, or
examiner, hereinafter referred to as a hearing officer, who presides over a
proceeding initiated by the REGULATORY AUTHORITY or by a PERSON
contesting an action of the REGULATORY AUTHORITY, to perform one or
more of the following:];
(43) Delete
Section 8-806.20 in its entirety;
(44) Section
8-806.30 Delete: [8-806.30 Powers, Administration of Hearings.
(A) A hearing officer shall have the following powers in a hearing
in which the hearing officer presides:
(1) Setting and conducting the course of a hearing requested in accordance
with or authorized by this Code,
(2) Issuing subpoenas in the name of the REGULATORY AUTHORITY at
the request of a party to a hearing, administering oaths and affirmations,
examining witnesses, receiving evidence,
(3) Approving a consent agreement on the issues involved in the
hearing entered into by the REGULATORY AUTHORITY and the respondent after
the respondent receives a hearing notice,
(4) Sustaining, modifying, rescinding, or vacating an order or
directive of the REGULATORY AUTHORITY in an appeal hearing
proceeding, and if the order or directive is sustained, ordering appropriate
measures to execute the REGULATORY AUTHORITY'S order or directive;
and
(B) Unless a party appeals to the head of the REGULATORY AUTHORITY
within 15 days of the hearing or a lesser number of days specified by the
hearing officer:
(1) Rendering a binding decision and final order in a proceeding
after conducting a hearing, if the respondent has not waived the right to a hearing,
and
(2) Then notifying the respondent of the decision and the order
which contains the findings and conclusions of LAW. ]. and
Substitute:[8-806.20 Powers, Administration of Hearings.
(A) A hearing officer shall have the following powers in a hearing
in which the hearing officer presides:
(1) Setting and conducting the course of a hearing requested in accordance
with or authorized by this Code,
(2) Issuing subpoenas in the name of the REGULATORY AUTHORITY at
the request of a party to a hearing, administering oaths and
affirmations, examining witnesses, receiving evidence,
(3) Approving a consent agreement on the issues involved in the hearing
entered into by the REGULATORY AUTHORITY and the respondent after the respondent
receives a hearing notice,
(4) Sustaining, modifying, rescinding, or vacating an order or
directive of the REGULATORY AUTHORITY in an appeal hearing proceeding, and if
the order or directive is sustained, ordering appropriate measures to execute the
REGULATORY AUTHORITY'S order or directive; and
(5) Rendering a binding decision and final order in a proceeding
after conducting a hearing, if the respondent has not waived the right to a hearing,
and
(6) Then notifying the respondent of the decision and the order
which contains the findings and conclusions of LAW. ];
(45) Section 8-806.40 Delete: [8-806.40 Powers,
Administrative Remedies.] and Substitute: [8-806.30 Powers,
Administrative Remedies.];
(46) 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)];
(47) 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
(48) Delete
Section 8-813.10 (B) and (C) in its entirety.
Sec. 30-72. Definitions.
REGULATORY
AUTHORITY (as used in the 2005 Food Code) shall mean the director of health
or the directors authorized representative.
FOOD EMPLOYEE
(as used in the 2005 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 2005 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 (10):
(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, supply vehicles, and operations outside the
walls of the physical facility such as smokers, Bar-B-Que grills and bars.
(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.
(10) Concession Stand/Kiosk Permit: issued to an operation that
prepares and serves food and beverages with a limited menu approved
by the REGULATORY AUTHORITY and with a permanent setup including power and
water.
Sec. 30-74. Penalties.
Section 8-811.10 of
the 2005 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 Food Code Book 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.
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FEE SCHEDULE
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Permit Fee
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Plan Review Fee
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First Reinspection Fee
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Each Additional Reinspection
Fee
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Restaurant type
establishments
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0--5 employees
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$275.00
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$70.00
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$75.00
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$100.00
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6--9 employees
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345.00
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85.00
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75.00
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150.00
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10--40 employees
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410.00
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105.00
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75.00
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200.00
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41 or more employees
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480.00
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120.00
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75.00
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250.00
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Catering
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250.00
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N/A
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75.00
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75.00
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Market Type Establishments
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Under 3,000 sq. ft.
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205.00
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50.00
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75.00
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100.00
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3,000--30,000 sq. ft.
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410.00
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105.00
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75.00
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150.00
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30,001--40,000 sq. ft.
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550.00
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140.00
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75.00
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200.00
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40,001--60,000 sq. ft.
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825.00
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205.00
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75.00
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250.00
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Over 60,000 sq. ft.
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1,030.00
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260.00
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75.00
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250.00
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Truck sales vendor
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205.00
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N/A
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75.00
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100.00
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Mobile food service/pushcart
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140.00
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N/A
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75.00
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100.00
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Ice cream vendor
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25.00
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N/A
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75.00
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100.00
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Temporary food service
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1 day operation
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50.00
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N/A
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50.00
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100.00
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2 days operation
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75.00
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N/A
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50.00
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100.00
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3--14 days operation
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150.00
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N/A
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50.00
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100.00
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Not for profit-temp food
service
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25.00
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N/A
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50.00
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75.00
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Seasonal vendor
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6 months
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150.00
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N/A
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75.00
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75.00
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(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 2005 Food Code to the health department for review as specified
under section 8-201.11 of the 2005 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 $15.00 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 per month late fee. April
1st all establishments that have not paid the appropriate fee may be
subject to a cease operation until all fees have been paid.
(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 2005 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 Kansas City Missouri Food Code Book, that continuously
demonstrate excellent compliance with the Kansas City Missouri Food Code Book.
The director shall develop criteria for the award(s) utilizing standards set
forth in the Kansas City Missouri Food Code Book 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