City of Hollister, MO Chapter 245 Food Code

Section 245.010 Adoption of Food Code.

[Ord. No. 14-18,[1] 1-22-2015]

A certain document, three (3) copies of which are on file in the office of the City Clerk of the City of Hollister being marked and designated as the Food Code, 2009 Recommendations of the United States Public Health Service/Food and Drug Administration as published by the United States Department of Health and Human Services, Public Health Services, Food and Drug Administration be, and is hereby adopted (Chapters 1 through 8 and Annex 1) as the Food Code of the City of Hollister, Missouri; for regulating the design, construction, management and operation of food establishments, mobile food vendors and providing for plan submission and approval and the issuance of permits and collection fees.

[1] Editor's Note: This ordinance also superseded former Ch. 245, Food Code, adopted and amended 2-5-1996 by §1 of Ord. No. 96-02; 9-5-2002 by Ord. No. 02-34; 10-16-2008 by Ord. No. 08-39; and 9-5-2013 by Ord. No. 13-13.

Section 245.020 Food Health Permit Fees.

[Ord. No. 14-18, 1-22-2015; Ord. No. 16-02, 1-21-2016[1]; Ord. No. 16-35, 1-5-2017]

A. The annual permit fee for the food processor or manufacturer and warehouses shall be based on assessed risk priority and inspection frequency.

B. The following fees shall apply:

1. Food establishments (permit required):

a. High risk [three (3) inspections per year]: three hundred dollars ($300.00).

b. Medium risk [two (2) inspections per year]: two hundred dollars ($200.00).

c. Low risk [one (1) inspection per year]: seventy-five dollars ($75.00).

2. Pre-opening inspection (completed before the business opens for the first time):

a. Pre-opening inspection: one hundred dollars ($100.00).

C. The City of Hollister and Taney County Health Department will perform one (1) time per year, a courtesy re-inspection, at no cost to the owner.

1. Re-inspection fee after courtesy inspection: one hundred dollars ($100.00).

2. Re-inspection fee due to public complaint and violation found: one hundred dollars ($100.00).

[1] Editor's Note: Ord. No. 16-02 also changed the title of this Section from "Health Permit Fees" to "Food Health Permit Fees."

Section 245.030 Temporary Event Health Permit Fees.

[Ord. No. 14-18, 1-22-2015]

A. The temporary event health permit fee shall be based on the number of food vendors set up at an event.

1. Event organizer fee: fifty dollars ($50.00).

2. And each vendor shall pay:

	Number of Vendors	Fee
	0 to 10	$25.00
	11 to 20	$20.00
	21 to 30	$15.00
	31 or more	$10.00

B. The event organizer shall complete a temporary food event organizer application and be responsible for each vendor completing a temporary food service operator application. The event organizer shall turn in all applications [thirty (30) days prior to an event] to the City and remit the designated fees.

Section 245.035 Mobile Food Vendors.

[Ord. No. 14-18, 1-22-2015]

A. Purpose. This Section is intended to provide for the health, safety and welfare of patrons by enacting a process for licensing, inspecting, and enforcing food code standards for mobile food vending operations in the City of Hollister, Missouri.

B. Definitions. As used in this Section, the following terms shall have the meanings indicated:

MOBILE FOOD VENDOR

Any person who exhibits, displays, gives away, offers for sale or sells any food or beverages, from any vending cart/stand from a sidewalk, parking lot, or other public designated location.

MOBILE VENDOR LOCATION

The designated locations are specified only in "C-2" Commercial, "C-3" Commercial, "C-R" Commercial Retail or Planned Development districts if listed in the restrictions and a buffer of five hundred (500) feet must be maintained between mobile food vendors approved by the City of Hollister.

[Ord. No. 16-25, 5-19-2016]

SIDEWALK/PARKING LOT

All that area legally available to the public to use as a pedestrian public way between the curbline and the legal house line of the abutting property; or locations agreed upon for use by the legal owner, in writing, of that sidewalk or parking lot.

VENDING TRAILER/CART/STAND

Any showcase, table, bench, rack, handcart, pushcart, trailer (permanent or non-permanent) or any other fixture, device or thing which is used to display, exhibit, carry, transport, store, offer for sale, or sell any food or beverages, upon the sidewalk, parking lot, right-of-way, or property that has been approved by the owner and the City of Hollister, in writing.

VENDOR SITE

A specified location within a permitted area that is approved by an owner of property or business where street, sidewalk, or parking lot vending may occur. The vendor location must be a geographic location with a continuous border: example a town square or designated square blocks.

C. Where And How Allowed.

1. All mobile food vendors shall submit a written and signed document from the owner of the property requested as a vendor location.

2. Outdoor seating is permitted only after the City's receipt of a written and signed document stating the number of seats and a plan for seating from the owner of the property where the vendor is asking or the seating is in conjunction with an approved special event.

3. Mobile food vendors of any type must be located on a paved surface large enough to accommodate the vendor and customer vehicles unless it is part of an approved special event.

D. Exceptions.

1. The provisions of this Section shall not apply to:

a. The temporary placement of goods, wares, or merchandise on the sidewalk in the ordinary course of delivery, shipment or transfer;

b. The placing and maintenance of stands and other display or sales devices for the sale, display or offering for sale of newspapers, magazines, periodicals, paperbound books, and the maintenance of lottery machines for the sale of the State Lottery as provided for by the State Lottery Law;

c. The display and sale of Christmas trees;

2. Sidewalk vending by the owner or tenant of the abutting building that takes place within six (6) feet of that building:

a. If the business is preparing food within six (6) feet of its building and it is a permitted permanent food establishment with Taney County Health Department, and the sale of food is taking place inside the food establishment, then no vendor permit is required.

b. If the business is preparing food outside of its building and it is selling the food from that location outside the business, then a vendor permit will be required.

c. If the business is preparing food outside and it is not a permitted food establishment, it will be required to obtain a permit from the Health Department.

3. All religious, educational, nonprofit, fraternal or civic organizations shall be exempt from the fees authorized by the fee schedule.

E. License. It shall be unlawful for any person to engage in the business of a mobile food vendor that also includes street, sidewalk, or parking lot within the City of Hollister without first obtaining a Hollister business license and health permit from Taney County Health Department.

1. All Hollister business licenses and health permits issued under this Section shall permit the mobile food vendor to conduct operations only at the vendor site designated in an assigned location stated within the business application from City of Hollister.

a. All mobile food vendors shall obtain a Hollister business license unless they are participating in a permitted special event. This will require sales tax identification for one (1) specific Hollister address. Approved, licensed mobile food vendors will be licensed for only one (1) address.

b. The mobile food vendor will designate his or her site for approval in the Hollister business license application. The vendor will have a maximum of two (2) weeks to notify the City of Hollister and health inspector approving the permit of any site location changes. Site changes must be approved before the vendor moves. At two (2) weeks, the permitted sites that were last communicated (in writing) to the City of Hollister and Health Department will become permanent. If there is no notification from the vendor at the end of two (2) weeks, then the sites listed in the application will be the permanent site. If the vendor has moved from the approved site without notification, he or she will be in violation of his or her permit and will have to begin the permitting process again and will be subject to Subsection (L) of this Section.

2. Every license shall be non-transferable.

3. The permit must be posted in a place visible to the public.

F. Application And Permits.

1. Each person or his or her employee shall, while engaged in the business of mobile food vending under this Section, carry a certified food manager card per the food code adopted by the City on his or her person. In addition to the certified food manager card, Department shall issue a health permit to be displayed for the specific location in which the food vending may take place; and the vendor shall not go out of his or her approved location.

2. The health permit will allow the vendors to go to temporary events, provided that they appropriately associate with the temporary event organizer who has submitted a special event application with the City of Hollister.

G. Permit Issuance, Renewal, And Inspections. Permits shall be issued and renewed upon payment of an annual fee as set forth in the fee schedule. The mobile food vendor shall be in compliance with the current food code adopted by and enforced by the City of Hollister and Taney County Health Department.

1. Health permits that are renewed shall permit the mobile food vendor to continue to vend from the same site as designated in the permit being renewed.

2. Mobile food vendors will be classified by risk category according to the current food code adopted by and enforced by the City and Taney County Health Department.

3. Fees for high, medium, and low risk facilities will apply, including reinspection and complaint investigation fees. These will be established according to the current food code adopted by and enforced by the City and Taney County Health Department.

4. Vendors will be subject to unannounced inspections according to the risk classification defined by the current food code adopted and enforced by the City and Taney County Health Department.

H. Vendor Site Process. The mobile food vendor applying for a vendor's permit will have to issue the site location as well as permit application, including menu, site plans and mobile food vendor plans of the vending trailer, cart or stand.

I. Trash Removal And Clean Up.

1. Mobile food vendors are responsible for keeping the sidewalk, parking lot, or street within twenty (20) feet of their stands clean of all trash generated by their vending operations, and for washing that area or any eating areas occupied by their stand in a manner that will prevent rodent and/or pest infestation.

2. Mobile food vendors must remove from the permitted site at the end of each day, all trash, litter, garbage, refuse and waste, including but not limited to greasy cooking water, generated by their vending operations. No vendor may place or deposit any trash, litter, garbage, refuse or any other wastes generated by his or her licensed operations on the sidewalk, in any public receptacle, or on any private property without the express permission of the property owner.

J. Permitted Stand Designs And Required Stand Maintenance.

1. Permitted mobile food vendors may only use stands that have been inspected and approved by the City and the Taney County Health Department and in conformance with the current FDA food code adopted by the City (As stated in Subsection H, Vendor Site Process, "The mobile food vendor applying for a vendor's permit will have to issue the site location, as well as permit application, site plans and mobile food vendor plans of the vending trailer, cart or stand.") This application process shall address the dimensions, structural materials, mobility, and other design aspects of the stands, with the purpose of protecting public safety and ensuring that stands are placed on the public rights-of-way and maintained in a neat, clean and orderly fashion.

2. All mobile food vending carts/trailers/stands shall have a minimum of a three-compartment sink, and hand wash sink, and hot and cold running water.

K. Prohibited Conduct. No mobile food vendor shall:

1. Conduct him/herself or his/her business in such a way as would restrict or interfere with the ingress or egress of the abutting owner or tenant, or in such a way as would create or become a nuisance or hazard to public health, safety or welfare, or increase traffic congestion or delay, or constitute an obstruction to adequate access to fire, police, or sanitation vehicles.

2. Leave any stand unattended on a sidewalk at any time; if it is a trailer/stand/cart in a parking lot, it may be unattended when not in operation.

3. Load or unload merchandise for a period exceeding twenty (20) minutes during operating hours and not to exceed thirty (30) minutes before or after operating hours.

4. Conduct sales from a vehicle or park or maintain any vehicle in parking spaces adjacent to mobile food vendor sites.

L. Penalties; License Suspension.

1. The violator of any provision of this section as well as the current FDA Food Code adopted by the City of Hollister and Taney County Health Department shall have ten (10) days to correct the issue. If the violation is not corrected and in compliance with this Section as well as the current FDA Food Code adopted by the City, the mobile food vendor will receive a warning of violation and will have three (3) days to correct the issue or the vendor will have a permit suspension of up to thirty (30) days and will not be able to operate until the suspension is over and/or the violation has been corrected. If the mobile food vendor has not come into compliance within thirty (30) days of the suspension, the vendor will have to reapply for a mobile food vending permit and will have a ninety-day waiting period to have a new health permit. Priority foundation and core violations, as defined in the currently adopted FDA Food Code, will be required to be corrected by the next routine inspection or they will become priority violations.

2. Failed inspections.

a. When a mobile food vendor receives a score of less than 70 but greater than 59 on a routine inspection, then that vendor, at the discretion of the regulatory agency, shall have three (3) days to correct all priority and ninety percent (90%) of priority foundation and core violations.

b. When a mobile food vendor receives a score of less than 60 on a routine inspection, or with six (6) or more priority violations, it shall have twenty-four (24) hours to correct all priority and ninety-five percent (95%) of all priority foundation and core violations, or be immediately closed for a time frame determined by inspector.

3. Enforcement of code violations will be in compliance with the current food code adopted by and enforced by City of Hollister and the Taney County Health Department.

4. Any permit issued under this Section may also be revoked for any of the following reasons:

a. Fraud, misrepresentation or knowingly false statement contained in the application for the health permit; or

b. Fraud, misrepresentation or knowingly false statement in the course of carrying on permitted operations.

M. Jurisdiction. The regulations contained in this Section shall be applicable to all mobile food vending throughout the City of Hollister.