05/23/2006 Ordinances 9046
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ORDINANCE NO. 9046
An ordinance to amend Chapter 29 of the Grand Island City Code; to amend
Section 29-2 pertaining to definitions; to amend Section 29-4 pertaining to food establishment
permits; to amend Section 29-5 pertaining to annual permits; to amend Section 29-6 pertaining to
temporary permits; to repeal Sections 29-2, 29-4, 29-5, and 29-6 as now existing, and any
ordinance or parts of ordinances in conflict herewith; and to provide for publication and the
effective date of this ordinance.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
GRAND ISLAND, NEBRASKA:
SECTION 1. Section 29-2 of the Grand Island City Code is hereby amended to
read as follows:
~29-2. Definitions
As used in this chapter, the following terms shall have the following meanings:
Bakerv. An establishment whose primary operation is the manufacture and sale of baked goods, i.e. donuts,
cakes, and breads.
Caterer. A person who transports ready to eat food from a permitted food service establishment to another
location or building for service on a per event basis for hire, and does not include a temporary food service event.
Commissarv. A food establishment where food, food containers, or food supplies are kept, handled,
prepared, packaged, or stored for use in mobile food units, pushcarts, or vending machines.
Food Establishment. An operation that stores, prepares, packages, serves, vends, or otherwise provides
food for human consumption. The term does not include:
(1) An establishment or vending machine operation that offers only prepackaged soft drinks, carbonated or
noncarbonated, that do not contain a primary dairy product or dairy ingredient base or that contain less than fifteen
percent natural fruit or vegetable juice; candy; chewing gum; potato or corn chips; pretzels; cheese puffs and curls;
crackers; popped popcorn; nuts and edible seeds; and cookies, cake, pies, and other pastries, that are not potentially
hazardous.
(2) A produce stand that only offers whole, uncut fruits and vegetables.
(3) A food processing plant.
(4) A salvage operation.
(5) A private home where food is prepared or served for personal use, a small day care in the home, or a
hunting lodge, guest ranch, or other operation where no more than ten paying guests eat meals in the home.
(6) A private home or other area where food that is not potentially hazardous is prepared: (a) for sale or
service at a function as a religious, charitable, or fraternal organization's bake sale or similar function; or (b) for sale
directly to the consumer at a farmers market if the consumer is informed by a clearly visible placard at the sale
location that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory
authority.
(7) The location where food prepared by a caterer is served so long as the caterer only minimally handles
the food at the serving location.
Approved as to Form
May 24, 2006
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a City Attorney
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ORDINANCE NO. 9046 (Cont.)
(8) A pharmacy as defined in Neb. Rev. Stat. ~71-425 if the pharmacy only sells prepackaged
pharmaceutical, medicinal, or health supplement foods that are not potentially hazardous or foods described in
subsection (1) of this section.
Food Processinz Plant. A commercial operation that manufactures, packages, labels, or stores food for
human consumption and does not provide food directly to the consumer.
Licensed Beverage Establishment. An establishment that serves alcoholic beverages and mayor may not
provide limited food service, e.g. frozen prepackaged sandwiches, frozen pizza, hot dogs, popcorn. Any item not
requiring preparation on site.
Limited Food Service Establishment. An establishment that serves or otherwise provides only snack items
or commercially prepared and wrapped foods that require little or no preparation.
Mobile Food Unit or Pushcart. A vehicle mounted food establishment designed to be readily movable that
returns to a commissary daily for clean up and service, unless self-contained.
Retail Food Store. Any store, location or place of business occupied or used for the sale at retail to the
public of groceries, fruits, vegetables, materials for human consumption or articles ordinarily and commonly sold
from a grocery, fruit or vegetable store or stand not coming within the definition of the term "restaurant," the term
"milk," the term "frozen dessert," or the term "meat."
Seasonal Food Service. The act of selling or offering for sale food items on a seasonal basis, for a period
of six months or less, at a concession stand, hot dog stand, ice cream truck, etc.
Sevarate Facility: Additional facility types operating within the scope ofa permitted establishment.
Temporary Food Establishment. A food establishment that operates for a period of no more than three (3)
consecutive days in conjunction with a single event or celebration.
SECTION 2. Section 29-4 of the Grand Island City Code is hereby amended to
I read as follows:
~29-4. Permit; Required
It shall be unlawful for any person to operate a food establishment without first having obtained a permit
from the Central District Health Department. More than one type of permit may be required in one establishment.
Permits are issued based on the type of operations conducted within an establishment. The permit shall be displayed
at the place of business at all times.
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SECTION 3. Section 29-5 of the Grand Island City Code is hereby amended to
read as follows:
~29-5. Annual Permits; Types; When Issued; Term
(A) The following permits shall be issued on an annual basis on May I of each year and shall be valid until
April 30, regardless of when issued:
Food and Drink Service Permit
Separate Facility Permit
Licensed Beverage Establishment (Drink Only) Permit
Limited Food Permit
Bakery Permit
Mobile Food UnitJPushcart Permit
Catering Permit
Food Manufacturing/Warehouse/Storage Permit
Retail Food Permit
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ORDINANCE NO. 9046 (Cont.)
Application for all permits shall be made prior to the operation of any food establishment. Permits shall be non-
transferable.
SECTION 4. Section 29-6 of the Grand Island City Code is hereby amended to
read as follows:
~29-6. Temporary Permit; Types; When Issued; Term
The following permits shall be issued on a temporary basis pursuant to this chapter and shall be issued for
the day or days specified in the application upon payment of the applicable permit fee.
Temporary Food Service Permit
Seasonal Food Permit
Applications involving three or fewer vendors require a one (1) week application processing time.
Renewals of a temporary permit shall be permitted, however no more than three (3) renewals will be
allowed within a calendar year.
SECTION 5. Sections 29-2, 29-4, 29-5, and 29-6 as now existing, and any
ordinances or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 6. The validity of any section, subsection, sentence, clause, or phrase
of this ordinance shall not affect the validity or enforceability of any other section, subsection,
sentence, clause, or phrase thereof
SECTION 7. That this ordinance shall be in force and take effect from and after
its passage and publication, within fifteen days in one issue of the Grand Island Independent as
provided by law.
Enacted: May 23, 2006.
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Attest:
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RaNae Edwards, City Clerk
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