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HomeMy WebLinkAboutPertaining to the Sanitation of Food and Beverage Vending, to Licenses and Permits Establishing Minimum Sanitation StandardsORDINANCE No. 4773__64 Passed by the Common Council of the City of South Bend, November 23 rq 64 Presented by me to the Mayor of the City of South Bend, Clerk of Common Council Clerk Approved and signed by me November 341, 1064 I DEAL t4jQWPRESS ORDINANCE.NO.. I I AN ORDINANCE PERTAINING TO THE SANITATION.OF FOOD ..AND BEVERAGE VENDING; TO :LICENSES AND PERMITS; APPLICABLE THERETO,.ESTABLISHING MINIMUM SANITATION ; STANDARDS, AND DEFINING TERMS AND.REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. AS AMENDED. BE.IT ORDAINED BY THE COMMON.COUNCIL.OF THE CITY OF SOUTH BEND,.INDIANA: I ARTICLE I. SECTION I. Purpose: I WHEREAS, there is at present no ordinance regulating the-Sanita- tion and licensing of food vending .machines, whether coin - operated or otherwise, and WHEREAS, the public health and safety requires such regulation, it Is hereby determined that in the interest of such public health and safety it is a public necessity that an ordinance affecting such licensing' . - and regulation be adopted. SECTION II. Definitions: For the purposes of this ordinance, the following words and phrases shall have the meanings respectively ascribed to them by this Section: '.. a. Vending Machine: The term "vending machine ".shall mean any self- - service device.offered for public use, which, upon insertion of a coin, coins or tokens, or by other similar means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending opera - tion;,Provided, that machines dispensing only bottled or canned soft drinks, pre - packaged non - perishable confections and similar.items, or ball gum, nuts and panned candies shall not be considered vending machines under the terms of this ordinance. b.. Machine Location: The term "machine location" shall mean any room, enclosure, space or area where one or more vending machines are installed and operated. c. Commissary: The term "commissary" shall mean commissary, catering establishment, restaurant, or any other place in which food, beverage, ingredients,. containers or supplies are kept, handled, prepared, stored, ! and directly from which vending machines are serviced. d. Food:. The term "food" shall mean any raw, cooked, or processed edible substance, beverage, or ingredient used or intended for use in whole, or in part, for human consumption,.and such term, shall also mean all articles used for food, drink, confectionery, or condiment, whether simple,.mixed, or compound, and all substances or ingredients used in the preparation thereof. RO P %ERO XERO - XERO COP 11 COPY f�OOPY M h i corr sort' -2- e. Readily Perishable Food: The term: "readily perishable food' shall mean any food, beverage, or ingredient consisting in whole or in part of milk, milk products, eggs, fish, poultry, or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication; Provided, products in hermetically sealed containers processed by heat.or other methods approved by the Health Officer to prevent spoilage, and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition. f. Hot Liquid Food: The term "hot liquid food" shall mean any liquid food or beverage, the temperature of which at the time of service to . .the consumer is at least 1500F. S. Single Service Article: The term "single service article" shall mean any utensil, container, implement or wrapper intended for use only once in the preparation, storage, display, service or consumption . of any food or beverage. h. Product Contact Surface: The term "product contact surface" shall .mean any surface of a vending machine,.appurtenance or container which comes into direct contact with any food. i. .Adulterated — Misbranded: The terms "adulterated' and "misbranded shall have the meanings as provided in Article 5, Chapter 157, Indiana , Acts of 1949, known as the Indiana Food,,Drug and Cosmetic Act. j. Health Officer: The term "health officer" shall mean the secretary of the St. Joseph County.Health Department or his duly authorized rep - ,resgntative having jurisdiction in the City of South Bend. k. Operator: The term "operator" shall mean any person, who by contract, agreement or ownership is responsible for furnishing, installing, servicing, operating, or maintaining one or more vending machines. 1. Person: The term "person" means any individual, partnership, corporation, company, firm,.institution, trustee, association, or any other public or private entity, including without limitation any and all fraternal organizations, service clubs and religious, educational or charitable institutions, whether organized for and operated in pursuance of profit or not. m. Employee: The term "employee "_shall mean any operator or any per- son employed by him who handles any food to be dispensed through vending machines, or who comes into contact with food contact surfaces of containers, equipment, utensils or packaging materials used in connec- tion with vending machine operation, or who otherwise services or maintains one or more machines. %ERO `COPY %ERO COPY %ERO. 11 _ COPY -3- ARTICLE II SECTION III. Licensing: It shall be unlawful-for any person to operate one or more vending,mach- ines in the City of South Bend, Indiana who does not possess a valid license for the operation of such vending machine or. vending machines. Such license shall be for a term of one (1) year beginning January 1 and expiring December 31 of the same year, and shall be renewed annually. Such operator's license shall be provided by the City Controller if there is presented at his office a valid permit from the Health Officer, to- gether with the proper fee as set forth in the following paragraphs: 1 One to not more than ten machines; $ 10.00 2, Eleven to not more than twenty -five machines: $25.00,'; 3. Twenty -six to not more than 'fifty machines; $ 40.00 4 Fifty -one to not more than one hundred machines; $ 50.00 5. One hundred and one to not more than two hundred machines; $ 70.00 6 Two hundred and one but not more than three hundred machines; $ 90.00 7. Three hundred and one or more machines; $110.00 ;If the application for such vending operator's license is made on or after July 1, the operator license fee shall be one -half the fee prescribed' in the appropriate licensing category above. Any license issued by the City Controller pursuant to this Article shall be non - assignable and non - transferable. SECTION IV. Vending Machines In Licensed Restaurants: No person holding a valid South Bend Restaurant Permit and License shall be required to obtain a permit or pay a license fee under Articles II and III of this oridnance for the operation of food or beverage vending machines, if such vending machines are operated by such person on the licensed' restaurant premises. SECTION V. Exceptions to Licensing Requirement: The provisions of this ordinance shall apply to, and a permit required by Section VI shall be obtained for vending ❑achines operated by fraternal organizations, service clubs and religious, educational or charitable in- stitutions; Provided, that no license shall be required and no fee shall be ' paid for vending machines operated by fraternal organizations, service clubs and religious, educational.or charitable institutions. .K EROI XERO XEROI XERO COPYI COPY COPY, i1 - COPY —IN I - — _- " r^7-r -'� -- -- -- trrs -r^.-r 'inn - �'° 1 -4- ARTICLE III SECTION VI. "Permits: It shall be unlawful for any person,to operate one or more-vending machines in the'City of South Bend who does not possess-a valid operator's permit from the Health Officer. Only persons who comply with the 'pro- visions of this ordinance shall be entitled to receive and retain such.a permit. - - SECTION VII. Any person desiring to operate one or more vending machines in the City of South Bend shall make application in writing to the Health Officer, which application shall .provide the following information: a. The applicant's full name, residence, and post office address, and whether such applicant is an individual,,firm,.or corporation, and,.if any partnership exists, the names of the partners,.together with their addresses shall be included. b. The location of the commissary or commissaries, and of other establishments where supplies are kept and. where vending machines are repaired or renovated. c. The identity and form of the products to be dispensed through vend- ing machines and the number of each such type of vending machine in operation by the applicant.in the City of South Bend. d. The location of the commissary or commissaries or other establish- ment where foods within the purview of this ordinance are prepared ,for direct distribution or dispensing through vending machines. e. The signature of the applicant or applicants. SECTION VIII. Upon receipt of such application, the Health Officer shall make an inspection of the commissary, servicing and transport facilities, and representative machines and machine locations to determine com- pliance with the provisions of this ordinance.. A numbered operator's permit shall be issued to the applicant by the Health Officer after compliance by the operator with the provisions of this ordinance. Such permit shall not be transferrable or assignable. . SECTION IX. The operator's permit number,.of -a size and style approved by the Health Officer, shall be visibly displayed ht each vending machine location operated by him. .SECTION X. In order to hold and retain an operator's permit, the operator shall maintain within the City of South Bend a list of all vending ma- chines operated by him and their location and of all commissaries or other establishments from which his machines are serviced. .This.infor- mation shall be available to the Health Officer upon request. YC O XERO XERO1 YEROI_ COPY ( COPY FOPYI �� cOPV @� - -5- SECTION XI. In order to hold and retain an operator's permit, the operator shall. notify the Health Officer of any change in operations involving new types of vending machines or conversion of existing machines to dispense products other than those for which the permit was issued. ARTICLE IV SECTION XII. Inspection Procedures: The Health Officer shall inspect the servicing, maintenance and oper- ation of representative vending machines dispensing readily - perishable foods and commissaries at least once every six months. Vending-machines dispensing other than readily - perishable foods may be inspected by the Health Officer as often as he deems necessary. a. Access To Premises And Machines: The Health Officer, after proper identi- fication, shall be permitted to enter at any reasonable time, upon any private or public property within the City of South Bend, where vending machines or commissaries are operated, or from which such machines are serviced, for the purpose of determining compliance with the provisions of this ordinance. The operator shall make provision for the Health Officer to have access, either in company with an employee or otherwise, to the interior of all vending mach- ines operated by him. b. Notice Of Violation: Whenever the Health Officer discovers a violation of any provision of this ordinance, he shall notify the operator. Such notice shall (1) describe the condition found; (2) provide a specific and reasonable period of time for the correction of the condition; and, (3) state that an opportunity for a hearing on inspection findings will be provided, if a written request for such hearing is filed with the Health Officer within 10 days of receipt of the notice c. Suspension And Revocation Of Permit: After an opportunity for a hearing, an operator's permit may be temporarily suspended by the Health Officer upon viol- ation by the permit holder of any of the provisions of this ordinance, or may be revoked upon serious or repeated violation of such provisions. d. Reinstatement Of Permit: Any operator whose permit has been suspended, may at any time make application for the reinstatement of the permit. Within ten days after the receipt of a written application, the Realth Officer shall make a re- inspection. If the applicant is again complying with the terms of this ordinance, the permit shall be reinstated. e. Emergency Authority: Notwithstanding any other provisions of this ordinance, whenever the Health Officer finds grossly insanitary or other conditions in- volving the operation of any vending machine or commissary which, in his opin- ion, involves a substantial hazard to the public health, he may, without notice or hearing, issue a written order to the operator citing the existance of such condition and specifying corrective action to be taken and, if deemed necessary, requiring immediate discontinuance of operation. Such order shall be effective immediately and shall apply only to the vending machine, commissary or product involved. Any operator to whom such order is issued shall comply therewith, but upon petition to the Health Officer, shall be afforded a hearing as soon as poss- ible. When corrective action has been taken, the operator may request, and the Health Officer shall make, a reinspection within twenty -four hours to determine whether operations may be resumed. RO XERO; cor: ,, COPY I COPY j - - - - - -- - - j - - -- - F* - - d XERO' COPY r j' i -6- ARTICLE 'V SECTION XIII. Sale, Examination And Condemnation Of Adulterated Or Misbranded Foods: It shall be unlawful for any person to sell, offer or expose for sale, through vending machines,.or to have in possession with intent to sell therefrom any food, beverage, or ingredient which is adulterated or misbranded. Samples of food may be taken and examined by the Health Officer as often as may be necessary to determine freedom from adulteration or mis - branding. The Health. Officer may, on written notice-to the operator, impound and forbid the sale of any food which is adulterated or mis- branded,, or which he has probable cause to believe to be adulterated or misbranded. After the operator has been given an opportunity for a hearing, the Health Officer may cause to be removed or destroyed any food which is adulterated or misbranded; .Provided, that in the case of mis- branding which can be corrected by proper labeling,.such food may,be released to the operator for correct labeling under the supervision of ,the Health Officer. - ARTICLE VI SECTION XIV. Minimum-Sanitation Requirements: All vending machines, machine locations and commissaries shall comply with the applicable minimum sanitation requirements specified by the Indiana State Board of Health, as provided In its Regulation.HFD #21, as effective July 29, 1958, and as the same may:from time to time hereafter be changed or amended. Such Regulation and any changes and amendments thereto which may be hereafter:. adopted or'promulgated are by refer- ence incorporated herein and made part hereof, two (2) copies of which are on file in the office of the City Clerk for public inspection. SECTION XV. .Supplemental Sanitation Requirements: .In those vending machine locations at which the operator or the location management provide supplemental food service equipment.such as can.openers,.ovens, condiment dispensers, utensils and similar appurten- ances to vending operation for the use of vending customers, such supple- mental equipment and utensils shall be protected from contamination, constructed of approved materials, fabricated so: as to be easily cleanable and maintained in a clean and sanitary condition. Notwithstanding the ownership of such supplemental equipment and utensils, the licensed vending machine operator or operators whose machines are in operation at such location shall be held responsible by the Health Officer for the condition and maintenance of such supplemental equipment and utensils. CVP ;COPY COPy'i_ - - 0 COPY -7- ARTICLE VII SECTION XVI. This Ordinance shall be in full force and effect from and after its adoption by the Common Council of the Civil City of South Bend, Indiana; approved by the Mayor; and the fulfillment of all statutory requirements. SECTION XVII. All Ordinances in conflict with this ordinance are hereby repealed. 1st & 2nd HAOINB //— % —(� OO4,�MTEE OF THE WHOLE / / —oZ PUEMU 3rd NOT L REFE��rs =ll PASSED r -- t(tommlttre 3�eport (To the Touunon tduunril of the Tttg of ftd4 fiend: November 9, 1964 Your Committee on ORDINANCES to whom was referred AN ORrINANCE PERTAINING TO THE SANITATION OF VENDING FOOD AND BEVERAGES, TO LICENSES AND PERMITS APPLICABLE THERETO, ESTABLISHING MINIM'.?M SANITATION STANDARDS, AND DEFINING TERMS AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH Respectfully report that they have examined the matter and that in their opinion THE ORDINANCE NEEDED TO BE REDRAFTED, AND SUCH WAS DONE . THE ORDINANCE IS BEING OFFERED FOR FIRST AND SECOND READING AT THE REGULAR MEETING OF THE COMMON COUNCIL THIS Oth DAY OF NOVEMBER, 1964 Janet SCI rrmaann