03/25/2008 Ordinances 9160ORDINANCE NO. 9160
An ordinance to amend Chapter 29 of the Grand Island City Code; to amend
Sections 29-2 pertaining to definitions; and 29-5, 29-9, 29-11 and 29-14 pertaining to permits; to
repeal Sections 29-2; 29-5, 29-9, 29-11 and 29-14 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:
Bakery. An establishment whose primary operation is the manufacture and sale of baked goods, i.e. donuts,
cakes, and breads.
Ca eteria. A self service establishment with little to no table service in an education institution.
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.
Commissary. 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.
(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.
Approved as to Form ^
March 25, 2008 - ^ City Attorney
ORDINANCE N0.9160 (Cont.)
Food Processing 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 may or 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.
Nonprofit Organization. An organization holding a certificate of federal tax exemption under Section 501
of the Internal Revenue Code or an organization that conducts its major activities for charitable or community
betterment purposes.
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.
Separate Facility: Additional facility types operating within the scope of a permitted establishment.
Temnorarv 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.
Amended by Ordinance No. 9046, effective 6-7-2006
Amended by Ordinance No. 9160, effective 4-15-2008
SECTION 2. Section 29-5 of the Grand Island City Code is hereby amended to
read as follows:
§29-5. Annual Permits; Types; When Issued; Term
The following permits shall be issued on an annual basis on May 1 of each year and shall be valid until
Apri130, regardless of when issued:
Bakery Permit
Cafeteria Permit
Catering Permit
Food and Drink Service Permit
Food Manufacturing/Warehouse/Storage Permit
Licensed Beverage Establishment (Drink Only) Permit
Limited Food Permit
Mobile Food UnitlPushcart Permit
Retail Food Permit
Separate Facility Permit
Application for all permits shall be made prior to the operation of any food establishment. Permits shall be non-
transferable.
Amended by Ordinance No. 9046, effective 6-7-2006
Amended by Ordinance No. 9160, effective 4-15-2008
SECTION 3. Section 29-14 of the Grand Island City Code is hereby amended to
read as follows:
§29-9. Proration of Permit Fee
Any applicant applying for an annual permit after November 1 of the license year under the provisions of
Section 29-5 of this chapter, shall be required to pay only one-half of the applicable annual fee.
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ORDINANCE NO. 9160 (Cont.)
Amended by Ordinance No. 9160, effective 4-15-2008
SECTION 4. Section 29-14 of the Grand Island City Code is hereby amended to
read as follows:
§29-11. Delinquent Permit Fee
Renewal of the annual permits identified in this chapter shall be made prior to the expiration of the current
permit. Permit fees for annual renewals shall be delinquent if the payment has not been received by the Central
District Health Department by May 15 for the permits identified in Section 29-5: Establishments shall be assessed a
delinquent food permit fee established by the Board of Health if the permits are not paid by these dates.
Amended by Ordinance No. 8960, effective 3-9-2005
Amended by Ordinance No. 9160, effective 4-15-2008
SECTION 5. Section 29-14 of the Grand Island City Code is hereby amended to
read as follows:
§29-14. Temporary Food Sales by Nonprofit Organizations
The following operations do not require a permit:
(1) Bake sales not including potentially hazardous food.
(2) Sales of manufactured, prepackaged food prepared in an approved food preparation facility
except potentially hazardous food.
(3) Food service limited to the members and guests of the organization.
(4) Food service by an approved catering operation.
(5) Food service on the organization's own premises or at a location where a permanent food
service facility is located and used by said organization. Permanent food service shall mean a
kitchen facility located at a church, school, meeting hall, or other place of public assembly
that is specifically equipped for food service to large numbers of people.
Nonprofit organizations that sell food to the public at a location where there is no permanent food service facility
shall obtain a temporary food service permit. Exempted operations shall not be relieved of any other obligation to
provide, store, hold, and serve food under safe and sanitary conditions.
SECTION 6. Sections 29-2; 29-5 and 29-14 as now existing, and any ordinances
or parts of ordinances in conflict herewith be, and hereby are, repealed.
SECTION 7. 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 8. 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.
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ORDINANCE N0.9160 (Cont.)
Enacted: March 25, 2008.
Margare Hornady, ayor
Attest:
s, City Clerk
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