HomeMy WebLinkAbout1981-15 Amending Title 5 of the Vail Municipal Code with the Addition of Chapter 5.28 Relating to Food Service Establishments3
ORDINANCE N0. ].5
(Series of 1981)
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AN ORDINANCE AMENDING TITLE 5 OF TIIE '~;_~_' c:{~':r_~,._u ;;~.;~:i7
VAIL MUNICIPAL CODE ~YITH THE ADDITION t `~"' ~ =~ ~"~'~i~ _:' ~~'~
OF CHAPTER 5.28 RELATING TO FOOD SERVICE
ESTABLISHb1ENTS; INCLUDING DEFINITIONS, FEES,
OFFENSES, SA3ITARY REQUIREMENTS, REQUIREMENTS
FOR APPROVAL, ENFORCEMENT PROCEDURES, SUSPEN-
SION AND REVOCATION OF APPROVALS AND MATTERS
RELATING TO THE FOREGOING.
WHEREAS, the enforcement of health regulations has been
cumbersome; and
WHEREAS, the Town Council. is of the opinion that the
enforcement of health regulations within the Town of Vail can
be enhanced; and
VOW, THEREFORE BE IT ORDAINED BY THE TOWN COUNCIL OF
THE TOWN OF VAIL, COLORADO, THAT:
Section ~. Title 5 of the Vail Municipal Code is amended
by the addition of Chapter 5.28, Food Service Establishments, to
read as follows:
Chapter 5.28
5.28.010 Definitions
For the purposes of this article the following words and
phrases shall have the meanings respectively ascribed to there by
this section;
{1} Approved shall mean approved by the Town's Health
Officer; or establishments which are operating under a valid
approval issued by the Town and are operating in substantial compliance
with local, state and federal laws and regulations governing such
operation.
(2} Town of Vail Environmental Officer sha11 mean the Town
Manager or the employee of the Town appointed by the Town ?~?anager
and any authorized representative of the St~.te of Colorado Department
of Health.
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(3) Employee shall. mean any person working in a food service
establishment who transports food ar food containers, who engages in
food preparation or service or who comes in contact with any food,
utensils, or equipment.
(~} Establishment shall mean any food service establishment.,
(~) Food shall mean any raw, cooked, or processed edible substances,
beverage or ingredient, ice or water used or intended for use or for
sale in whole or in part for human consumption.
(6) Food service establishment means any place which is kept
or maintained for the purpose of preparing or serving food or drink;
except that "food service establishment" does not include:
(a) riomes containing what is commonly known as the family
unit and its nonpaying guests;
(b) Operations serving food to four or less persons;
(c) Hospital and health facility patient feeding operations;
(d) Child care centers;
{e) Automated food merchandising enterprises which supply
only bottled, canned, cartoned, or prepackaged nonperishable food or
drink, and those operations dispensing only chewing gum, salted nuts,
nuts in their natural protective covering, or canned bulk candies;
(f) Grocery stores and similar establishments where food
is not prepared or sold routinely for immediate consumption; and
(g} Food or beverage manufacturing, processing, or packaging
plants which are not categorized as food service establishments but
are subject to regulatory controls under state or federal lativs or
regulations.
(7) Licensee shall mean and include any person who shall have
applied for and been granted approval as a food service establishment,
temporary food service establishment or mobile food unit as hereinafter
prescribed and authorized.
($) Person shall mean and include a corporation, firm, partnership,
assoca.ation, organization and any other group acting as a unit, as well
as an individual. It shall also include an executor, administrator,
trustee, receiver or other personal representative appointed by law.
Whenever the word "person" is used in any section of this chapter
prescribing a penalty or fine as to partnerships or associations,
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the word shall also include the partners or members thereof, and as
to corporations shall include the officers, agents ar members thereof
who axe responsible for any ~u~iolation of such section.
(9} Person-in-charge shall r:iean the individual present in a
food service establishment wha is the apparent supervisor of the food
service establishment at the time of inspection. If no individual.
is the apparent supervisor, then any employed person present is the
person in charge.
5,28.020 Enforcement of Chapter:
The Tnwn Manager and the Town's Environmental. Officer shall be
responsible for enforcing the provisions of this chapter.
5.28,030 Approval Required - Posting:
(a) It shall be unlawful for any person to operate a food service
establishment in the Town of Vail who does not possess a valid approval
from the Town of Vail. If approval is granted a certificate of approval
may be issued. Only persons wha comply with the requirements of this
Chapter shall be entitled to receive and retain such approval.
(b) The approval herein granted by the Town shall be deemed to
be separate and distinct from the State of Colorado licenso and said
approval may be suspended or revoked without regard or relation to
the license of the State of Colorado.
5.28.040 License Application -- Information Required
(a) Every application for approval prescribed and provided for in
this Chapter, or the renewal thereof, shall be made to the Environmental
Officer through the office of the Town Clerk. Application shall be
made by the filing of a fully completed State of Colorado application
for a license to operate a Food Service Establishment. A photo copy
of such application fully completed shall be satisfactory.
(b} Application for renewal of the approval shall be made in a
similar manner.
(c) The application shall contain such other and additional infor-
oration and be in such form as the Environmental Officer may prescribe.
5.28.050 License - Inspection; Approval ar Disapproval
(a) Upnn receipt of an application for an approval or renewal
thereof as provided above, the Town Clerk shall refer such application
to the Environmental Officer for approval or disapproval..
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{b) The Environmental Officer may then either inspect or cause to be
inspected the establishment, facilities, equipment,and employees,
with respect to compliance by each with the provisions of this
chapter relating to construction, equipment, cleanliness, health,
sanitary conditions and facilities. The inspection by the Environmental
Officer may include other appropriate agencies, including; the wilding
and ~onzng Department, Police Department, and Fire Department.
(c) Once the approval. has been issued, the licensee sha11 comply
at all times with all applicable laws of the Town of Vail.
(d) The Environmental Officer may authorize a temporary, conditional
approval for any establishment.
so issued shall include the time
imposed by the Environmental Off
term or condition imposed on the
approval may be withdrawn by the
notice to the licensee.
Any temporary conditional approval
limit of said approval and conditions
icer. If the licensee violates any
temporary conditional. approval, the
Environmental Officer upon written
5.28.OE0 Inspection Fee
(a) No application fee shall be required.
(b} An inspection fee shall be paid by any licensee or
operator for follow-~up inspections in accordance with the following;
(i) Upon a third inspection within any month period,
which is necessary to ensure compliance with a correction notice
issued by the Environmental Officer - the inspection fee shall be
$50.00; and
{ii} All subsequent inspections by the Environmental
Offa.cer necessary to correct the violations shall be $50.00 each.
(c) The inspection fees are intended to serve as sanctions
against violation of the laws, rules and regulations relating to health
and sanitary conditions.
(d) It shall be unlawful for any licensee to fail to pay
the inspection fees within 30 days of the inspection.
(e) No license shall be used or renewed as herein provided
until such fees have been paid in full.
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5.28.070 Duration; Applications far Renewal.
(a) The approval issued under the provisions of this Chapter
shall be valid for one year, from January 1 to December 31 unless sooner
suspended or revoked as provided in this chapter. Applications for
renewal of the approval shall be made on ar before the first day of
December but not earlier than the fifteenth day of October.
(b} If the owner or person-in-charge of an establishment
approved under this Chapter is in violation of any provision of this
Chapter, or the rules and regulations herein adopted or subsequent
rules and regulations applicable thereto, the approval shall not be
renewed until such violation is corrected.
5.28.0$0 Sanitar~r Requirements.
The Sanitary requirements for all establishments, shall be in
accordance with the State of Colorado Department of Health, rules
and regulations governing food service establishments which by this
reference are adopted herein, and which may be amended from time to
time hereafter. Three copies of said rules and regulations are on
file in the Office of Community Development of the Town and are available
far inspection during regular business hours.
5.28.094 Rules and Regulations to aid Enforcement.
The Town Manager is hereby authorized and empowered to adopt rules
and regulations to aid in the enforcement of this Chapter which are not
inconsistent with the provisions hereof.
5.28.100 Inspections.
At least once every six months the Environmental Officer shall
inspect every food service establishment located within the Town of
Vail. In the event the Environmental Officer discovers the violation
of any item of sanitation required by this chapter, the Officer shall
make a second inspection after the lapse of such time as specified
far the violation to be remeaied, and, the third inspection shall be
used zn determining compliance with the requirements of this Chapter
and inspection fees.
5.28.110 Access To Premises; Copy of Records of food Purchased.
(a) Any person -in-charge of an establishment in the Town
shall, upon request of the Environmental Officer, permit access to
all parts of the establishment for purposes of inspection and shall
permit the Environmental Officer to copy any and all records of food
purchases.
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(b) It shall be unlawful and a violation of this Chapter
for any licensee, person-in-charge, or employee, of any establishment
approved under the provisions of this Chapter to, i.n any way, interfere
with or obstruct-the Environmental Officer in tine performance of any of
the duties of the Environmental Officer.
5.?~,.120 Inspection keport.
{a) Upon completion of any inspection wade by the Environmental
Officer, the Officer shall prepare an inspection report in duplicate
upon which shall be signed by either the licensee, or person-in-charge.
A copy of the inspection report shall be filed in the records of the
Environmental. Officer .
5.28.130 Procedures Upon Discovering Violations.
(a) If upon inspection of an establishment the Environmental
Officer discovers a violation of any provision of this Chapter, and the
Rules and Regulations herein adopted or hereinafter adopted, the
Environmental Officer may proceed to enforce the provisions of this
Chapter by one or more of the means hereinafter provided, or he may
issue a warning to the licensee, with respect to any such violation
discovered. After any such warning, the Environmental Officer shall
make a second inspection after such lapse of time as the officer deems
appropriate or as required by law, rule or regulation. If, at the
second inspection, the Environmental Officer finds the violation
uncorrected, the Environmental Officer shall then proceed to enforce
the provisions of this Chapter.
Enforcement may be by one of all of the following means:
(1) Further inspections and directions for correction.
(2) Suspension or revocation of the approval.
(3) Issuance of a Summons and Complaint into l~~Iunicipal
Court.
(.4) Summary abatement of the nuisance (costs of such
abatement may be collected by an action of law.), and/or
(5) File an action to abate the nuisance in a court of
competent jurisdiction.
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(c) No establishment shall be operated within the Town unless the
inspection score is greater than E0. When any establishment fails to
obtain a score of 60, the Environmental Officer shall reinspect the
premises within ten (lp} days and if the inspection score has not
increased beyond 60, the food service establishment license herein
provided for shall be immediately suspended.
{d) The enforcement measures herein provided are not mutually
exclusive and equitable, legal and criminal enforcement may be
independently or collectively used.
(e) Each day's continuance of a violation hereunder shall be
deemed a separate offense.
5.28.1.0 Suspension or Revocation Generally
{a} Any approval granted pursuant to this Chapter may be
suspended by the Environmental Officer for a period not to exceed
seventy two hours, when, in the opinion of the Environmental Officer,
the violation constitutes an immediate and present hazard to the
public health.
(b) Notice of such suspension shall be in writing and either
delivered to the licensee or person-in-charge personally, or shall be
mailed to the licensee or person-in-charge at the address of the
establishment, postage prepaid, certified, return receipt requested.
Such notice sha11 contain an itemized statement of the violations
claimed as grounds for such suspension, and shall be effective upon
delivery or mailing of such notice.
(c) zf at the end of the seventy-two hour period of suspension
the violation set Earth in the notice of suspension has not been
corrected, the Environmental Officer may issue and cause to be served
upon the licensee or person-in-charge in the manner hereinabove provided,
notice of suspension of license for an additional period of seventy-two
hours. The Environmental Officer shall then commence proceedings for
the extended suspension of such license for an additional period as
provided in Section 5.28.1.50.
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5.23.150 Extended Period of Suspension;
Hearing; Continued Operation During Suspension
(a) If the licensee, ar person-in-charge of an approved establish-
ment fails or refuses to comply with the provisions of this Chapter,
the Environmental Officer may request a hearing before the Appeals
Board at which time the licensee sha11 be afforded an opportunity to
appear and be heard, to suspend the approval of the establishment.
The suspension shall be for any period not exceeding thirty {30) days,
if, in the opinion of the Board, the violation is of such type as to
constitute a persistent continuing hazard to the public health.
(b} Notice of the hearing shall be in writing and either
delivered personally, or mailed to the licensee or the person-in--charge
at the address of the establishment, postage prepaid, certified mail,
return receipt requested. Such notice of hearing shall contain an
itemized statement of the violations upon which the proposed suspension
is based, the date, time and place of hearing, with advice that the
Licensee may be present and heard thereat. No such hearing shall be
scheduled earlier than forty-eight hours after the service of such
notice upon. the licensee or person-in-charge. In the event such
notice is served by mail, the forty-eight hour period shall run from
the date of the mailing thereof.
(c) Any extended period of suspension as provided for in this
section shall be effective on the day when the licensee or person-in~-
charge is either served personally with written notice of suspension
or said notice is pasted on the licensed premises.
(d) It shall be unlawful and a violation of this article for
any licensee ar any other person to continue operation of any establish-
went during the period of any suspension or revocation of the license.
5.28.].60 Appeal Board.
The Town Council shall appoint a 3-member Appeal Board comprised
of one member who is the Board Representative for the Food and Beverage
Category of the Vail Resort Association, one member who is a food establish-
ment licensee, and one member who is the Eagle County Public Health Officer.
The member who is a food establishment licensee shall serve a two year
term. The Board shall select its own chairman and establish its own
rules of procedure. The Appeal Board shall hear appeals from any
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dispute between a licensee and Environmental Officer relating to the
interpretation of any provision hereof, rule or regulation.
5.28.170 Hearing Upon Revocation; Notice of Revocation
Operation After Revocation.
(a) The Appeal Board may, on the complaint of the Environmental
Officer or upon complaint made by any other competent person, alter
investigation and hearing thereon at which the licensee sha11 be
afforded an opportunity to be present and heard, revoke any approval
issued pursuant to this Chapter.
{b} Such revocation shall be ordered only for flagrant,
persistent failure or refusal by the licensee, person-in-charge or
employees to comply with this Chapter and when, in the descretion
of the Appeal Board, such revocation is necessary to protect and
preserve the public health, safety and welfare.
(c) Notice and hearing procedures for revocation shall be in
accordance with 5.28.040 above.
5.28.1.80. Appeal From Hearing.
(a) Any applicant for any approval pxovided for in this chapter
whose application for approval or renewal thereof has been disapproved,
or if a dispute arises as to interpretation of any prevision, or upon
suspension or revocation of the Town's approval. may appeal said decision
to the Town Council. Written notice of appeal shall be delivered to
the Town Clerk, by the appellant, within fifteen (15) days from the
date of the decision of the environmental Officer or Appeal Board, and
the written notice of appeal shall state with particularity the grounds
far the appeal.
(b) In the event of any such appeal, the Town Council may cause
further investigation to be made with respect to any or all matters
relating to such an appeal, and shall conduct a public hearing thereon
at which the applicant ar licensee shall. be afforded an opportunity to
be present and to be heard, Notice of any such hearing shall be mailed
to the appellant by postage prepaid, certified mail, return receipt
requested, at the address set forth in the Notice of Appeal. Such
notice shall be mailed not less than forty-eight hours be.~ore the
date of such hearing and shall include the date, time and place of such
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hearing with advice to the appellant that he may be present and heard
thereat, together with such other information as the Town Council may
prescribe.
(c) Upon completion of such hearing the Town Council shall
determine whether the decision of the Environmental Officer or Appeal
Board should be affirmed, modified or reversed and such decision of the
Town Council sha11 be conclusive.
5.28.190 Eeinstatement of License.
(a) Any establishment for which the approval has been suspended,
may at any time, make application far reinstatement of the license
(b) Within one week after the receipt of a satisfactory application,
accompanied by a statement signed by the applicant to the effect that
the violated provision or provisions of this Chapter have been conformed
with, the Environmental Officer shall make a reinspection and thereafter
as many additional reinspectians as deemed necessary to insure that the
applicant is complying with the Chapter, and, in case the findings
indicate compliance, shall recommend to the Town. Manager that the
approval be reinstated. An inspection fee of $50.00 shall be paid
therefore.
5.28.210 Plans and Specifications Far Construction
or Eemodelling.
Plans and specifications for construction or remodeling of any
establishment shall be submitted to the Environmental Officer in advance
of any such construction or remodelling for approval with respect to:
(a) Location and layout of all equipment and facilities;
(b) Layout and arrangement of all areas in which operations
are to be conducted;
(c) Materials to be used in construction and finishing
work of working areas;
(d) Materials to be used in utensils and equipment.
(e) The Environmental Officer shall complete the review of the
plans and specifications within fourteen (14) working days
fallowing receipt thereof, if the review is not completed
within the time limit, the Environmental Officer may so
notify the applicant and an additional fourteen (1~} work
days shall be allowed. if the review is not completed within
the extended period, the plans and specifications shall be
deemed approved.
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5.28.220 Samples of rood and Drink; Condemnation,
Etc., of Unwholesome, Etc., k'ood or Drink.
Samples, in sufficient quantity, of faod and drink and all other
substances used in connection with the preparation, storage or service
of any food or drink may be taken by the Environmental Officer from any
faod service establishment without cast when removal is necessary for
the inspection and investigation of unwholesome or adulterated foods
or drink. The Environmental. Officer may condemn and forbid the sale
or cause of be removed from the premises of any establishment or cause
to be destroyed any faod or drink or other substance used in connection
with the preparation, storage or service thereof found to be unwholesome,
adulterated or otherwise unfit for hun;an consumption.
5.28.240 Severability.
If any provision of this Chapter or of any rule or regulation
promulgated hereunder or its application to any pexson or circumstances
as held invalid, such invalidity shall. not affect other provisions or
applications of the Chapter or of the rules and regulations promulgated
thereunder. The Council hereby declares that in these regards the
provisions of this article and of rules and regulations promulgated
thereunder are severable.
5.28.250 Health, Safety and Welfare
The Town Council hereby finds, determines and declares that this
ordinance is necessary and proper for the health, safety and welfare
of the Town of Vail and the inhabitants thereof.
INTRODUCED, READ DN FIRST READING, APPROVED AND ORDERED PUBLISHED
ONCE IN FULL THIS 5th DAY OF MAY, 1981, AND A PUBLIC HEARING ON THIS
ORDINANCE SHALL BE HELD AT THE REGULAR MEETING OF THE TOWN COUNCIL OF
THE T0~'IN OF VAIL , COLORADO ON THE
ATTEST:
Town Clerk
5 th DAY OF J UAI E I.9S1.
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Mayer / ~' r /
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INTRODUCED, READ AND PASSED ON SECOND READI?~G TF~IS 2ND DAY OF
JUNE, 1981, AND ORDERED PUBLISHED BY TITLE ONLY.
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ATTEST:
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TOWN CLERK
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