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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) ,~~,r-~.,i" j ~ ...,~~_ , 5 ~ -~.-.. - - i _ t r ~. w::.. r:~ ~. fr ~: -.cf 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. ~~ {~ (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, _~_ ~ ~ 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.. _g_ ~~ ~ {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. -4-- ~ ~ ~ 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. _g- ~i i (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. -6- A • • (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. -7- ~~ ~ • 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 -g- ~~ ~~ • 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 -9- . ~~ 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. -1.~-- ~~ 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. ~ f. Mayer / ~' r / -11- A ~ • INTRODUCED, READ AND PASSED ON SECOND READI?~G TF~IS 2ND DAY OF JUNE, 1981, AND ORDERED PUBLISHED BY TITLE ONLY. ~~ A Y O R ~ ~ '' ,~ ATTEST: ;~ TOWN CLERK -12 --