03/24/2015 Ordinances 9530 Ordinance #9530 was postponed until the April 28, 2015 City Council meeting.
_._ ORDINANCE NO. 9530
An ordinance to amend Chapter 296 of Grand Island City Code; to amend Section
29-2; and to add Sections 29-20 thru 29-26; to clarify and/or make general corrections to various
code sections, to repeal 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 I. Section 29-2; and Sections 29-20 thru 29-26 of the Grand Island City Code
is hereby amended to read as follows:
CHAPTER 29 RESTAURANTS iN D FOOD vER VmCL
§29-2. Definitions
As used in this chapter, the following terms shall have the following meanings:
ANSI. American National Standards Institute.
Bakery. An establishment whose primary operation is the manufacture and sale of baked
i
goods, i.e. donuts, cakes, and breads.
Cafeteria. 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:
(l) An establishment or vending machine operation that offers only prepackaged soft
drinks, carbonated or noncarbonated, that no 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.
Approved as to Form
March 23,2015 R Cit! orney
ORDINANCE NO. 9530 (Cont.)
(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.
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.
Potentially Hazardous food. A food that requires time/temperature control for safety to
limit pathogenic microorganism growth or toxic formation.
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."
- 2 -
ORDINANCE NO. 9530 (Cont.)
Seasonal Food Service. The act o1_ 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 scope of a permitted
operating �v i � Ii'I the
establishment.
State Fair Permit: A facility that is operating as a food establishment on the grounds of
the Nebraska State Fair during the time frame of the Nebraska State Fair.
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.
§29-20. Certified Food Manager
All licensed food establishments that serve potentially hazardous food are required to
have at least one (1) certified food manager per facility who shall be in a supervisory position. A
certified food manager shall be present a majority of the time during operating hours.
Establishments that are exempt from having a certified food safety manager include:
(1) Facilities holding a drink only permit.
(2) Limited food service operations.
— (3) Retail food facilities.
(4) Temporary food establishments.
(5) Facilities \Vitt. a St`u`n. Fair permit.
§29'21. Certified. Food Manager Permit;it; Aa plicatioa and Requirements
An application for a food manager permit shall be submitted to the Health Department on
a form provided by the Department. Each application shall include:
(1) The applicant's hill name, date of birth, cur ent mailing address, and telephone;
(2) The signature of the applicant;
(3) Verification of successfully completing an ANSI accredited food manager training
course;
(4) Appropriate application fee as adopted by the board of health.
(5) Such other pertinent information as requested on form.
§29-22. Certified ied Food Manager Permit; Issuance
The Health Department shall review the application, and based on requirements in Grand
Island City code 29-21, issue or deny the permit within a reasonable time not to exceed 30 days.
§29-23. Certified Food Manager Permit; Team
A food manager permit shall be valid for 3 years after the date of issuance.
§29-24a Certification Non-Transferable
A food manager certificate is not transferable from one (1) person to another person. A
certified manager may not act in said capacity for more than one (1) establishment or location at
the same time.
ORDINANCE NO. 9530 (Cont.)
§29-23. Proof of Certification
Each certified food manager shall display the certificate in a prominent location in the
establishment.
§29-26. Certified Food Handier
All employees of a permitted food establishment that prepare and handle potentially
hazardous food shall have successfully completed a food handler safety course approved by the
Central District Health Department within 14 calendar days of hire. Establishments that are
exempt from having a certified food handler include:
(1) Facilities holding a drink only permit.
(2) Limited food service operations.
(3) Retail food facilities.
(4) Temporary food establishments.
(5) Facilities with a State Fair permit.
SECTION 2. Any ordinance or parts of ordinances in conflict herewith be, and
hereby are, repealed.
SECTION 3. 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: March 24, 2015.
Jeremy L. Jensen, Mayor
Attest:
RaNae Edwards, City Clerk
_ _