[Adopted 12-30-1981 by Ord. No. 49-1981 (Part 11, Art. 1103 of the 1979 Codified Ordinances)]
[Amended 5-31-1989 by Ord. No. 7-1989; 6-12-1997 by Ord. No. 7-1997]
A. 
No person shall operate or conduct an eating or drinking, catering, retail food, temporary and/or mobile food establishment, semimobile food establishment within the City except when authorized through possession of a currently validated license from the Department of Public Safety for such purpose. Before any license is granted, the proprietor shall provide either a copy of the deed or lease agreement to the Department of Public Safety. If the proprietor owns the premises where the business shall be conducted, he must provide a copy of the deed. If the proprietor leases the premises from another, a lease agreement specifically acknowledging the operation of the business shall be required. These documents shall be attached to the application. Any proprietor in possession of a valid license to operate a food establishment, mobile or semimobile food establishment who fails to comply with the provisions of this Public Health Code may have such license either revoked or suspended by the Department of Public Safety at any time during the license period. Inspections shall be made of all the establishments as frequently as necessary to insure compliance with this Public Health Code.
B. 
All food establishment licenses shall expire on December 31 of each year.
[Amended 5-31-1989 by Ord. No. 7-1989; 10-26-2016 by Ord. No. 18-2016; 3-23-1983 by Ord. No. 4-1983; 5-26-2021 by Ord. No. 3-2021]
A. 
There shall be a fee of $20 for the application for licensing. This fee includes the processing of the application, any inspections necessary prior to licensing and a copy of the ordinance relevant to the application. The application fee is nonrefundable. This fee shall be paid prior to application.
B. 
Food license and inspection fees are as follows:
(1) 
Eating and drinking establishments:
(a) 
Zero to 2,500 sq. feet: $200.
(b) 
Over 2,501 sq. feet: $300.
(2) 
Grocery, variety, wholesale food:
(a) 
Zero to 5,000 sq. feet: $200.
(b) 
Over 5001 sq. feet: $400.
(3) 
Retail (over 1,000 sq. feet): $400.
(4) 
Tavern (also requires Eating and Drinking License): $225.
(5) 
Resident mobile:
(a) 
Prepared food: $225.
(b) 
Meat and poultry: $225.
(c) 
Fish: $225.
(d) 
Fruits and vegetables: $150.
(6) 
Nonresident wholesale:
(a) 
Prepared food: $200
(b) 
Prepared food: $350
(c) 
Meat and poultry: $350.
(d) 
Fish: $350.
(e) 
Fruit and vegetables: $350.
(f) 
Meat: $200.
(7) 
Vending machines:
(a) 
Zero to 20: $150.
(b) 
21 to 40: $200.
(c) 
41+: $300.
(8) 
Hazardous waste license (issued by City council only): $600.
(9) 
Halfway house: $200.
C. 
Any license not paid for within 60 consecutive days becomes null and void.
[Amended 5-31-1989 by Ord. No. 7-1989; 3-24-1994 by Ord. No. 11-1994]
A. 
The license shall be issued by the Department of Public Safety.
B. 
Duplicate licenses may be obtained for a fee of $20.
C. 
The license or a duplicate thereof shall be prominently displayed in or on the food establishment for which the license is issued.
D. 
The license shall not be transferable.
E. 
A late fee of $10 shall be charged for any license renewal application received after December 31 of each calendar year.
F. 
A late fee of $10 shall be charged for any new license issued and not paid within 15 days of the issued date.
G. 
License and application fees are not refundable.
A. 
Food establishments such as governmental agencies, schools, religious institutions, charitable institutions and private clubs without a catering license, shall meet all the requirements of this Public Health Code with the exception that any such establishment is not required to pay a license fee. It is the responsibility of the food establishment to prove its applicability to the license fee exception by a proof of a State or Federal Tax Exempt Number.
B. 
However, if any of the above mentioned establishments are selling food or drink for profit they shall be required to obtain a license at the prevailing fee.
All licensed or fee waived establishments that hire a caterer or allow catering in their establishment are required to give the Bureau of Health the name and address of each caterer and the date he intends to cater at least one week prior to the event.
Before work is begun in the construction, remodeling or alteration of an establishment where food is served, prepared, handled or stored, or in the conversion of an existing establishment to food establishment, properly prepared plans and specifications shall be submitted to and approved by the Department of Public Safety. Such plans shall be developed by a professional food consultant or an architect or engineer with food consultant experience. The plans and specifications shall include: location, construction and capacity of grounds, buildings, equipment, maximum facility usage, maximum and minimum staff, maximum menu; plumbing, refuse disposal and other such information as may be required by the Department.
[Amended 5-31-1989 by Ord. No. 7-1989]
A. 
Each food establishment is allowed up to six inspections during the licensing year; thereafter, a fee of $10 per inspection shall be charged when due to major violations, which include but are not limited to: inadequate refrigeration or hot food holding facilities, lack of hot water, sewage, insect or rodent infestation.
B. 
The inspection fee shall be charged on a form for that purpose. It shall be hand delivered to the establishment upon each reinspection, or mailed to the licensee. Payment shall be made within two weeks of the date of issuance of the inspection fee.
A. 
All costs related to food placed under a hold order and/or embargoed shall be borne by the owner; these costs may include, but are not limited to: laboratory fees for food samples, storage costs for embargoed food, costs of destroying condemned food, and reinspection beyond six inspections during the licensing year.
B. 
All embargo and hold order costs are to be paid to the City Treasurer within 14 days of date billed.
A. 
It shall be unlawful for any person to interfere with any agent of the Bureau of Health in the enforcement of this article.
B. 
Any refusal by an owner, or his agent, to allow an agent of the Bureau to make an inspection shall cause the immediate suspension of the license and privilege to operate in the City.
C. 
Reinstatement of such license may be based upon a due-process hearing before the Director of Public Safety or his designee.
Any person to whom an order is directed shall comply therewith. He may thereafter, upon petition to the Director of Public Safety or his designee, be afforded a hearing as prescribed in this Public Health Code. Depending upon the findings of the Director or his designee at such hearing as to whether the provisions of this Code and the rules and regulations adopted pursuant thereto have been complied with, the Director or his designee shall continue such order or modify or revoke it.
A. 
Any person affected by any notice which has been issued in connection with the enforcement of any provision of this Public Health Code or of any rule or regulation adopted pursuant thereto, may request and shall be granted a hearing on the matter before the Director of Public Safety or his designee provided that such person files in the office of the Director or his designee a written request within five days after the date the notice was served or posted.
B. 
Upon receipt of such request, the Director or his designee shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn. The hearing shall be commenced not later than 10 days after the day on which the request was filed, provided that upon application of the petitioner, the Director or his designee may postpone the date of the hearing for a reasonable time beyond such ten-day period, if in his judgment the petitioner has submitted a good and sufficient reason for such postponement.
After such hearing, the Director of Public Safety or his designee shall sustain, modify or withdraw the notice, depending upon his findings as to whether the provision of this Public Health Code and of the rules and regulations adopted pursuant thereto have been complied with.
Preexisting fruit and produce stands, called semi-mobile, shall continue to exist at their present location, as long as they comply with this Public Health Code. No new curbside or sidewalk markets or stands including those classified as semi-mobile, shall be approved.