[CC 1987 §615.010; Ord. No. 510 §1, 2-5-1962]
The definitions in the following Subsections shall apply in
the interpretation and the enforcement of this Chapter.
A food is adulterated:
If it bears or contains any poisonous or deleterious substance
which may be injurious to health;
If it bears or contains any added poisonous or deleterious substance
of which no safe tolerance has been established by regulation, or
in excess of such tolerance if one has been established;
If it consists in whole or in part of any filthy, putrid, or
decomposed substance, or if it is otherwise unfit for human consumption;
If it has been prepared, packed, or stored under unsanitary
conditions whereby it may have become contaminated with filth, or
rendered injurious to health; or
If the container is composed in whole or in part of a poisonous
or deleterious substance which may render the contents injurious to
health.
Approved by the Health Commissioner having jurisdiction in
the City of Northwoods.
Commissary, catering establishment, restaurant, or any other
place in which food, beverage, ingredients, containers, or supplies
are kept, handled, prepared, or stored, and directly from which vending
machines are serviced.
Any person employed who handles any food, beverage, or ingredient
to be dispensed through vending machines, or who comes into contact
with food contact surfaces of containers, equipment, utensils, or
packaging materials, used in connection with vending machine operations,
or who otherwise services or maintains one (1) or more such machines.
Any raw, cooked, or processed edible substance, beverage,
or ingredient used or intended for use in whole or in part for human
consumption.
The Health Commissioner of Northwoods, or his/her authorized
representative.
Liquid food or beverage, the temperature of which at the
time of service to the consumer is at least one hundred fifty degrees
Fahrenheit (150°F).
The room, enclosure, space, or area where one (1) or more
vending machines are installed and operated.
The use of any written, printed, or graphic matter upon or
accompanying products or containers dispensed from vending machines,
including signs, or placards displayed in relation to such products
so dispensed, which is false or misleading, or which violates any
applicable local, State or Federal labeling requirements.
Any person, who by contract, agreement, or ownership takes
responsibility for furnishing, installing, servicing, operating, or
maintaining one (1) or more vending machines.
Any individual, partnership, corporation, company, firm,
institution, trustee, association, or any other public or private
entity.
Any surface of the vending machine, appurtenances, or containers
which comes into direct contact with any food, beverage, or ingredient.
Any food or beverage or ingredients consisting in whole or
in part of milk, milk products, eggs, meat, fish, poultry, or other
food capable of supporting rapid and progressive growth of microorganisms
which can cause food infections or food intoxication. However, products
in hermetically sealed containers processed by heat to prevent spoilage,
and dehydrated, dry, or powdered products so low in moisture content
as to preclude development of microorganisms are excluded from the
terms of this definition.
Any utensil, container, implement, or wrapper intended for
use only once in the preparation, storage, display, service or consumption
of food or beverage.
Any self-service device offered for public use which, upon
insertion of a coin, coins, or token, or by other means, dispenses
unit servings of food or beverage, only in a sealed container, without
the necessity of replenishing the device between each vending operation.
[CC 1987 §615.020; Ord. No. 510 §2, 2-5-1962]
A.
It shall
be unlawful for any person to engage in the operation of one (1) or
more vending machines in the City of Northwoods who does not possess
a currently valid operator's permit from the Health Commissioner.
Only persons who comply with the provisions of this Chapter shall
be entitled to receive and retain such a permit.
B.
Any person
desiring to operate one (1) or more vending machines in the City of
Northwoods shall make application, in writing, to the Health Commissioner
on forms provided by the Health Commissioner. Such shall provide the
following information:
1.
The
applicant's full name, residence, and post office address, and whether
such applicant is an individual, firm or corporation. If any partnership
exists, the names of the partners, together with their addresses shall
be included.
2.
The
location of the commissary or commissaries, and of other establishments
where supplies are kept and where vending machines are repaired or
renovated.
3.
The
identity and forms of the products to be dispensed through vending
machines and the number of each such type vending machine in his/her
possession.
4.
The
signature of the applicant or applicants.
C.
Upon
receipt of such application, the Health Commissioner shall, if deemed
necessary, make an inspection of the commissary, servicing, and transport
facilities, and representative machine and machine locations to determine
compliance with the provisions of this Chapter. A numbered operator's
permit shall be issued to the applicant by the Health Commissioner
after compliance by the operator with the applicable provisions of
this Chapter. Such permit shall not be transferable.
D.
The operator's
permit number, of a size and style approved by the Health Commissioner,
shall be conspicuously displayed on each vending machine operated
by him/her.
E.
In order
to hold and retain an operator's permit, the operator shall maintain
within the jurisdiction of the Health Commissioner, a list of all
vending machines operated by him/her and their location and of all
commissaries or other establishments from which his/her machines are
serviced. This information shall be available to the Health Commissioner
upon request.
F.
In order
to hold and retain an operator's permit, the operator shall notify
the Health Commissioner of any change in operations involving new
types of vending machines, or conversion of existing machines to dispense
products other than those for which the permit was issued.
[CC 1987 §615.030; Ord. No. 510 §3, 2-5-1962; Ord.
No. 86-27 §1, 6-24-1986]
The applicant for an operator's permit shall pay a fee for each machine installed in the City of Northwoods. Such fee shall accompany the application and shall thereafter by paid annually by the first (1st) day of January of each year, beginning with the year 1987. All such fees shall be paid to the City of Northwoods to be credited to the General Revenue Fund of the City. These fees are scheduled in the Northwoods License Ordinance (Chapter 605).
[CC 1987 §615.040; Ord. No. 510 §4, 2-5-1962]
A.
After an opportunity for a hearing, and following the procedure provided in Section 610.060, an operator's permit may be temporarily suspended by the Health Commissioner upon violation by the permit holder of any of the provisions of this Chapter or may be revoked upon serious or repeated violation of such provisions.
B.
Notwithstanding
any other provisions of this Chapter, whenever the Health Commissioner
finds grossly unsanitary or other conditions involving the operation
of any vending machine or commissary which, in his/her opinion, involved
a substantial hazard to the public health, he/she may, without notice
or hearing, issue a written order to the operator citing the existence
of such condition and specifying corrective action to be taken and,
if deemed necessary, require immediate discontinuance of operation.
Such order shall be effective immediately and shall apply only to
the vending machine, commissary or product involved. Any operator
to whom such order is issued shall comply therewith, but upon petition
to the Health Commissioner, shall be afforded a hearing as soon as
possible. When necessary, corrective action has been taken and on
the written request of the operator, the Health Commissioner shall
make a reinspection to determine whether operations may be resumed.
A fee of five dollars ($5.00) shall accompany this request for reinspection.
C.
After
any hearing held under the provisions of this Chapter, the Health
Commissioner shall sustain, modify or rescind any notice or order
considered in the hearing.
[CC 1987 §615.050; Ord. No. 510 §5, 2-5-1962]
Any operator whose permit has been suspended, may at any time
make application for the reinstatement of the permit. A fee of five
dollars ($5.00) shall accompany this application. Within ten (10)
days after the receipt of a written application, accompanied by, or
including, a statement signed by the operator to the effect that the
violated term or terms of this Chapter have been complied with, the
Health Commissioner shall make a reinspection. If the applicant is
again complying with the terms of this Chapter, the permit shall be
reinstated.
[CC 1987 §615.060; Ord. No. 510 §6, 2-5-1962]
A.
It shall
be unlawful for any person within the City of Northwoods to sell,
offer, or expose for sale, through vending machines, or to have in
possession with intent to sell therefrom any food, beverage, or ingredient
which is adulterated or misbranded.
B.
Samples
of food, beverage, or ingredient may be taken and examined by the
Health Commissioner as often as may be necessary to determine freedom
from adulteration or misbranding. The Health Commissioner may, on
written notice to the operator, impound and forbid the sale of any
food or beverage which is adulterated or misbranded, or which he/she
has probable cause to believe to be adulterated or misbranded. After
the operator has been given an opportunity for a hearing, the Health
Commissioner may cause to be removed or destroyed any food or beverage
which is adulterated or misbranded; provided, that in the case of
misbranding which can be corrected by proper labeling, such food or
beverage may be released to the operator for correct labeling under
the supervision of the Health Commissioner.
[CC 1987 §615.070; Ord. No. 510 §7, 2-5-1962]
A.
The Health
Commissioner shall inspect the servicing, maintenance and operation
of vending machines dispensing readily perishable food and commissaries
at least once every three (3) months. Vending machines dispensing
other than readily perishable food may be inspected by the Health
Commissioner as often as deemed necessary.
B.
The Health
Commissioner, after proper identification shall be permitted to enter
at any reasonable time, upon any private or public property within
the City of Northwoods where vending machines or commissaries are
operated, or from which such machines are otherwise serviced, for
the purpose of determining compliance with the provisions of this
Chapter. The operator shall make provision for the Health Commissioner
to have access, either in company with an employee or otherwise, to
the interior of all vending machines operated by him/her.
C.
Whenever
the Health Commissioner discovers a violation of any provision of
this Chapter, he/she shall notify the operator concerned. Such notice
shall:
1.
Describe
the condition found and state which Section of this Chapter is violated
by such condition;
2.
Provide
a specific and reasonable period of time for the correction of the
condition; and
3.
State that an opportunity for a hearing on inspection findings will be provided, if a written request for such hearing is filed with the Health Commissioner within ten (10) days of receipt of the notice. The Health Commissioner may advise the operator in writing that unless the violations are corrected within the specified period of time, any permit issued under the provisions of this Chapter may be suspended or revoked in accordance with provisions of Section 610.040, or court action may be initiated.
[CC 1987 §615.080; Ord. No. 510 §8, 2-5-1962]
A.
Foods,
beverages and ingredients intended for sale through vending machines
shall be obtained from sources complying with the regulations of the
City of Northwoods and with other applicable State and Federal laws
and regulations. Such products shall be clean and wholesome, free
from spoilage, and shall be processed, prepared, handled and stored
in such manner as to be protected against contamination and adulteration.
All product contact surfaces of containers and equipment shall be
protected from contamination, and this Section shall be deemed to
have been satisfied when the following requirements are met:
1.
All
foods, beverages, and ingredients offered for sale through vending
machines, shall be manufactured, processed, and prepared in commissaries
or establishments which comply with all applicable local, State and
Federal laws and regulations.
2.
All
foods, beverages, and ingredients offered for sale through vending
machines, shall be wholesome and free from spoilage, contamination
and adulteration.
3.
All
foods, beverages, and ingredients shall be stored or packaged for
individual consumption in clean protective sealed containers, and
shall be handled, transported and vended in a sanitary manner. Wet
storage of packaged products is prohibited.
4.
Readily
perishable foods offered for sale through vending machines shall be
dispensed to the consumer in the individual original container or
wrapper into which it was placed at the commissary or at the manufacturer's
or processor's plant.
No vending machine shall be permitted or licensed under this
Chapter that dispenses food, beverages or ingredients in bulk or from
bulk storage, with exception of carbonated beverages, except that
penny gum balls, penny nuts, and penny candies need not be dispensed
in individual sealed packages or containers.
5.
Readily
perishable foods or ingredients within the vending machine shall be
maintained at a temperature not higher than fifty degrees Fahrenheit
(50°F), or a temperature not lower than one hundred fifty degrees
Fahrenheit (150°F), whichever is applicable. Vending machines
dispensing readily perishable foods shall be provided with controls
which insure the maintenance of these temperatures at all times; provided,
that an exception may be made for the actual time required to fill
or otherwise service the machine and for a maximum recovery period
of thirty (30) minutes following completion of filling or servicing
operations. Such controls shall also place the machine in an inoperative
condition until serviced by the operator, in the event of power failure
or other condition, which permits the food storage compartment to
attain a temperature above fifty degrees Fahrenheit (50°F), or
below one hundred fifty degrees Fahrenheit (150°F), whichever
is applicable. Vending machines dispensing readily perishable food
shall be provided with a thermometer which, to an accuracy of two
degrees Fahrenheit (2°F), indicates the air temperature of the
food storage compartment.
6.
All
parts of vending machines which come into direct contact with other
than readily perishable foods shall be thoroughly cleaned and subjected
to bactericidal treatment by methods approved by the Health Commissioner.
The frequency of such cleaning and bactericidal treatment shall be
established by the Health Commissioner based upon the type of product
being dispensed. A record of such cleaning and bactericidal treatment
operations shall be maintained by the operator on each machine and
shall be current for at least the past thirty (30) days.
[CC 1987 §615.090; Ord. No. 510 §9, 2-5-1962]
A.
The machine
location shall be such as to minimize the potential for contamination
of the product, shall be easily cleanable, and shall be kept clean,
and this Section shall be deemed to have been satisfied when the following
requirements are met:
1.
Each
vending machine shall be located in a room, area, or space which can
be maintained in a clean condition and which is protected from overhead
leakage from drains and piping. Each vending machine shall be so located
that the space around and under the machine can be readily cleaned,
and so that insect and rodent harborage is not created.
2.
The
floor area upon which vending machines are located shall be reasonably
smooth, of cleanable construction, and be capable of withstanding
repeated washing and scrubbing. This space and the immediate surroundings
of each vending machine shall be maintained in a clean condition.
[CC 1987 §615.100; Ord. No. 510 §10, 2-5-1962]
A.
The exterior
construction of the vending machine shall be such as to facilitate
cleaning and to minimize the entrance of insects and rodents, and
the exterior of the machine shall be kept clean. Service connections
shall be such as to protect against unintentional accidental interruption
of service to the machine, and this Section shall be deemed to have
been satisfied when the following requirements are met:
1.
The
vending machine shall be of sturdy construction and the exterior shall
be so designed, fabricated, and finished as to facilitate its being
kept clean, and to minimize the entrance of insects and rodents.
2.
Door
and panel access openings to the product and container storage spaces
of the machine shall be tight fitting, and if necessary, gasketed
so as to preclude the entrance of dust, moisture, insects and rodents.
3.
All
necessary ventilation louvers or openings into vending machines shall
be effectively screened against insects and rodents. Such screening
material shall be not less than sixteen (16) mesh to the inch or equivalent.
4.
In all
vending machines in which a condenser unit is an integral part of
the machine, such unit shall be sealed from the product and container
storage spaces.
5.
Unless
the vending machine is sealed to the floor so as to prevent seepage
underneath, or can be manually moved with ease, one (1) or more of
the following provisions shall be utilized to facilitate cleaning
operations:
6.
All
service connections through an exterior wall of the machine, including
gas, water, electrical, and refrigeration connections, shall be grommeted
or sealed to prevent the entrance of insects and rodents. All connections
to such utilities shall be such as to discourage their unauthorized
or unintentional disconnection.
[CC 1987 §615.110; Ord. No. 510 §11, 2-5-1962]
A.
All interior
surfaces and component parts of the vending machine shall be so designed
and constructed as to permit easy cleaning, and shall be kept clean.
All product contact surfaces of the machine shall be of smooth, non-toxic,
corrosion resistant, and relatively non-absorbent material, and shall
be capable of withstanding repeated cleaning and bactericidal treatment
by normal procedures. Such surfaces shall be protected against contamination,
and this Section shall be deemed to have been satisfied when the following
requirements are met:
1.
The
non-product contact surfaces of the interior of vending machines shall
be so designed and constructed as to permit easy cleaning, and to
facilitate maintenance operations.
Inaccessible surfaces or areas shall be minimized.
2.
All
product contact surfaces of vending machines shall be smooth, in good
repair, and free of breaks, corrosion, open seams, cracks and chipped
places. All joints and welds in product contact surfaces shall be
smooth; and all internal angles and corner of such surfaces shall
be rounded to facilitate cleaning.
3.
The
product storage compartment within vending machines dispensing packaged
liquid products, shall be so constructed so as to be self-draining,
or shall be provided with a drain outlet which permits complete draining
of the compartment. All such drains shall be easily cleanable.
4.
Opening
devices which come into contact with the product or the product surface
of the containers, shall be constructed of smooth, non-toxic corrosion
resistant, and relatively non-absorbent materials. Unless the opening
device is of a single-service type, it shall be readily removable
for cleaning, and shall be kept clean. Parts of multi-use opening
devices which come into contact with the product or product contact
surface of containers shall be reasonably protected from manual contact,
dust, insects, rodents, and other contamination, and such parts shall
be readily removable for cleaning and shall be kept clean.
[CC 1987 §615.120; Ord. No. 510 §12, 2-5-1962]
A.
All wastes
shall be properly disposed of, and pending disposition shall be kept
in suitable containers so as to prevent creating a nuisance, and this
Section shall be deemed to have been satisfied when the following
requirements are met:
1.
All
trash and other waste material shall be removed from the machine location
as frequently as may be necessary to prevent nuisance and unsightliness,
and shall be disposed of in a manner approved by the Health Commissioner.
2.
Self-closing,
leakproof, readily cleanable, plainly labeled and designated waste
container or containers shall be provided in the vicinity of each
machine or machines to receive used cartons, wrappers, straws, closures,
and other single-service items. Such waste containers shall not be
located within the vending machines; provided, that an exception may
be made for those machines dispensing only packaged products with
crown closures, in which case the closure receptacle may be located
within the machine. Suitable racks or cases shall be provided for
multi-use containers or bottles.
[CC 1987 §615.130; Ord. No. 510 §13, 2-5-1962]
A.
Foods,
beverages, and ingredients, and product contact surfaces of containers,
equipment and supplies, shall be protected from contamination while
in transit to machine location. Readily perishable foods and beverages
while in transit shall be maintained at a temperature not higher than
fifty degrees Fahrenheit (50°F), or not lower than one hundred
fifty degrees Fahrenheit (150°F), and this Section shall be deemed
to have been satisfied when the following requirements are met:
1.
Food,
beverages or ingredients while in transit to vending machine locations
shall be protected from the elements, dirt, dust, insects, rodents
and other contamination.
2.
Readily
perishable foods or beverages, while in transit to vending machine
locations shall be maintained at a temperature of not more than fifty
degrees Fahrenheit (50°F), or at a temperature of not less than
one hundred fifty degrees Fahrenheit (150°F).
[CC 1987 §615.140; Ord. No. 510 §14, 2-5-1962]
Employees shall keep their hands clean and shall wear clean
outer garments while engaged in handling foods or beverages, or product
contact surfaces of utensils or equipment, and this Section shall
be deemed to have been satisfied when the following requirements are
met:
Employees shall wash their hands immediately prior to engaging
in any vending machine servicing operation which may bring them into
contact with foods, beverages, or ingredients. While engaged in such
servicing operations, employees shall wear clean outer garments.
[CC 1987 §615.150; Ord. No. 510 §15, 2-5-1962]
No employee with any disease in a communicable form or who is
a carrier of such disease shall work in any commissary or in vending
machine operations in any capacity which brings him/her into contact
with the production, handling, storage, or transportation of foods,
beverages, ingredients, or equipment used in vending machine operations;
and no operator shall employ in any such capacity any such person,
or any person suspected of having any disease in a communicable form,
or of being a carrier of such disease. Any employee who has a discharging
or infected wound, sore, or lesion on hands, arms or any exposed portion
of the body shall be excluded from those operations which will bring
him/her into contact with foods, beverages, utensils or equipment
used in vending machine operations. Any operator among whose employees
there occurs a communicable disease in a communicable form or has
become a carrier of such disease shall notify the Health Commissioner
immediately.
[CC 1987 §615.160; Ord. No. 510 §16, 2-5-1962]
A.
When
suspicion arises as to the possibility of transmission of infection
from any employee, the Health Commissioner is authorized to require
any or all of the following measures:
1.
The
immediate exclusion of the employee from all commissaries and vending
machine operations.
2.
The
immediate closing of the commissaries and operations concerned until,
in the opinion of the Health Commissioner, no further danger of disease
outbreak exists.
3.
Adequate
medical examinations of the employee and of his/her associates, with
such laboratory examinations as may be indicated.
[CC 1987 §615.170; Ord. No. 510 §17, 2-5-1962]
Foods, beverages, and ingredients from commissaries outside
the jurisdiction of the Health Commissioner of the City of Northwoods
may be sold within the City of Northwoods if such commissaries conform
to the provisions of the food establishment sanitation regulations
of the City of Northwoods, or to substantially equivalent provisions.
To determine the extent of compliance with such provisions,
the Health Commissioner may accept reports from the responsible authority
to the jurisdiction where the commissary or commissaries are located.
[CC 1987 §615.180; Ord. No. 510 §18, 2-5-1962]
Any person who shall violate any provision of this Chapter shall,
upon conviction, be fined not more than three hundred dollars ($300.00)
for each offense. In addition thereto, such person may be enjoined
from continuing such violation. Each and every violation of the provision
of this Chapter shall constitute a separate offense.
