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04-962Council File # � `�'� Ordinance # Presented B Referred To 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ORDINANCE CITY OF SAINT PAUL, MINNESOTA Green Sheet # 3022584 23 Committee: Date An ordinance amending Chapter 331A of the Saint Paul Legislative Code to change the definition of a Food - Institutional facility and to create two license types specifically to address food service facilities at K-12 schools. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: Section i Section 331A.04 of the Saint Paul Legislative Code is hereby amended to read as follows: Sec. 331A.04. License administration. (d) License fees. Fees far licenses issued hereunder along with the fees far an environmental plan review and change of ownership review shall be set forth in section 310.09(b) and 310.18 of the Saint Paul Legislative Code. An additional fee may be charged for each additional service or operation which is separate, disfinct or unique from the central or main food establishment, as determined and approved by the director. (1) �2) Catering - Limited: A caterer who prepares and serves food in a licensed food establishment and does not transport and/ar serve food at a satellite location(s). A food vehicle license is not perxnitted. Catering - Full: A caterer who transports and serves food at a satellite location(s). A food vehicle license is required. Approved food transport containers shali be provided. (3) Catering - Add-on: A caterer who is licensed in conjunction with a restaurant. A food vehicle license is required to transport and serve food at a sateilite location(s). Approved food transport containers sha11 be provided. (4) Customer appreciation - Food sales: A license to sell food in conjunction with a business customer appreciation event, where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the applicarion and approved by the director. Any change in menu items, food preparation methods and/or equipment shall require approval by the director prior to the event. Food sales shall be limited to the building in which the business is located or exterior areas contiguous to the building. This license shall be valid for only one event that shall not exceed ttiree (3) consecutive days. A business shall be limited to not more than two (2) such events within a tweive-month period. 1tI'i�7 NOV 15 'OQ Oy `� 2 �5> 3 4 5 (6) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Day care food - Limited: A day caze facility where food preparation shali be limited to snacks. On- site prepazation of potentially hazardous foods shall not be permitted. Day care food: A day care facility where food is prepazed and served on-site. (7) Food give-away: An individual or organization dishibuting food products at no charge. Food operarions shall be restricted to the items, food prepazation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food prepazation methods and/or equipment shail require approval by the director prior to the give-away. This license shall be valid for only one give-away that shall not exceed three (3) consecutive days. (8) Food processing/packagingidistributing: An additional operarion within a restaurant or other food establishment that is not a wholesale food processor, manufacturer, or distributor but involves the processing and/or packaging of food products that aze distributed to and/or sold at another locarion. A licensed food vehicle shall be required to transport food products. (9) Food vehicle: A vehicle used for transporting food products. (10) Food vending machine: A currency-operated machine that dispenses food products. Vending machines that dispense only canned and bottled pop, gum balls, hard candy, unsorted candy, or ice manufactured or packaged by another do not require a city license. (11) Food vending machine operator: An individual or business that owns and operates food vending machines. An operator's license is not required if the vending machine(s) is owned and located within the operator's own building(s). (12) Food - Boarding facility: An establishment where food is prepared and/or served to occupants of a licensed bed and breakfast, rooming and/or boardinghouse or supervised rooming and/or boardinghouse. (13) Food - Institutional facility: An establishment where food is prepued and served in a nonprofit nlace ofwarshin, , , , or nursine home. 14 K-12 School Food Service: A public or private school throug�i �ade twelve with a food service facility that receives and prepares meals rec�rin� extensive food nreparation or handling, 15 K-12 School Food Service - L'united: A roublic or nrivate school throu 1�ade twelve with a food service facility that receives and �reoazes meals from another licensed food establishment. Only limited on-site food prepazation or handling is allowed. (-i�16) Mobile food cart - Limited: A cart used to prepare and/or serve food products, that is not self- contained. Cart shall be returned daily to a commissary for resupply and cleaning. Foods prepared and/or served shall be limited to those approved by the director, based on the equipment being used and the design and construction of the cart. (�-517) Mobile food vehicle: A food establishment preparing and/or serving foods from a self-contained ��.-�l�Z i vehicle, either motorized or within a trailer. Foods prepazed and/or served shall be limited to those 2 approved by the director, based on the equipment being used and the design and construcrion of the 3 vehicle. A separate commissary may be required for daily resupply and cleaning. 4 (i618 Mobile food carbvehicle - Non-profit: A mobile food cart/vehicle that is licensed by, or for, a C� 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 nonprofit organization. (�� Restaurant -(A): A food establishment with food prepazation and service for carry-out, delivery or on-site dining with seating limited to no more than twelve (12) seats. (i-g� Restaurant -(B): A food estabiishxnent with food prepazation and service for carry-out, delivery, or on-site dining with seating of more than twelve (12) seats. (i�21) Restaurant -(C): A food establishment that does not prepaze or serve potentially hazardous foods. Service is limited to beverages, bakery products or prepackaged foods. (�822) Restaurant -(D) - Add on: A license for a food preparation or bar azea that is in addition to a licensed primary restaurant -(A) or restaurant -(B) location and that is operated within a licensed facility. The primary restaurant shall be the food prepazation/bar azea that is at or qualifies for, the highest restaurant license category. (�-1�23) Restaurant -(E) - Extension: A license to extend food preparation and/or food holding, during normal business hours, to exterior areas contiguous to the building in which the restaurant is located, such as a patio or pazking lot. Permitted foods shall be limited to those allowed by the current restaurant license. (3z� Retail food establishment: An establishment or that portion of any location or business that is dedicated to the retail serving, prepazation, processing or sale of grocery, bakery or animal products. (z^3� Retail food establishment - Farmers' market: An establishment operated in accordance with and subject to the regulations and provisions of Chapters 11 (City Market) and 331A (Food Protection Standards) of the Saint Paul Legislative Code. Exclusions: Minnesota Consolidated Food License Law, Secrion 28A.15, Subd. 2- Persons selling products of the farm or garden occupied and cultivated by them do not require a City of Saint Paul iicense; but they shall be required to comply with all applicable food regulations. (�#26) Retail food establishxnent - Temporary: A temporary establishment where food sales shall be restricted to prepackaged non-potentially hazardous foods or canned or bottled nonalcoholic beverages; operating no more than fourteen (14) days annually at any one location. (�527) Retail food establishxnent - Nonprofit: An establishment operated by a nonprofit organizarion, such as a food shelf, that provides food without charge, for humanitarian purposes. (i628) Retail food establishment - Secondary facility: A service or operation which is sepazate, distinct or unique from the central or main food area, within a licensed retail food establishment, used for the sale, serving, prepara6on, processing or saivaging of foods. Examples of a secondary facility include a bakery, butcher or salvage operation within a grocery type of establishment or a grocery operation p� �i�Z, 1 within a butcher or bakery type of establishment. This license shall also allow the serving of foods 2 that shall be reshicted to coffee, popcorn, bakery products or nonalcoholic beverages. Each 3 secondary facility requires a sepazate license. 4 U7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (e) �fl (2�29) Special event food sales - 1 to 3 days: A license for a food establishment as a special event, where the food operations shall be reshicted to the menu items, food prepazarion methods and equipment that have been submitted with the application and approved by the director . Any change in menu items, food preparation methods and/or equipment shall require approval by the director prior to the event. This license shall be valid for only one event that shall not exceed three (3) consecutive days. This license shall only be issued in conjuncfion with a special event. (z$30) Special event food sales - 4 to 14 days: A license for a food establislunent at a special event, where the food operarions shall be restricted to the menu items, food preparation methods and equipment that haue been submitted with the application and approved by the director. Any change in menu items, food prepazation methods and/or equipment shall require approval by the director prior to the event. This license shall be valid for only one event that shall not be less than four (4) and shall not exceed fourteen (14) consecurive days. This license shall onlybe issued in conjunction with a special event. (�931) Special event food sales - Annual: A license for a food establishment participating in an unlimited number of special events within a twelve-month period, where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. At the time of application, all events to be participated in during the upcoming twelve-months must be listed. Any change in the events listed shall be submitted in writing, to the director for approval, a minimum of seven (7) days prior to the event. Any change in menu during the twelve-month license period shall require submission of a new license application fee. This license shall onlybe issued in conjunction with a special event. (3932) Special event food sales - Extension: A license for a restaurant to extend food sales in conjunction with a special event to areas contiguous to the restaurant, and where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food preparation methods and/or equipment shall require approval by the director priar to the event. This license shall be valid for only one event that sha11 not exceed fourteen (14) consecutive days. (3433) Speciai event food sales - Nonprofit: A nonprofit organization selling food in conjunction with a special event where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food prepararion methods and/or equipment shall require approval by the director prior to the event. This license shall be valid far only one event that shall not exceed fourteen (14) consecutive days. License expiration. Licenses issued pursuant to this chapter shall expire in accordance with section 310.08(a) of the Saint Paul Legislative Code. Transfer and display of license. 0� �c�2 (1) Only a person who complies with the requirements of this chapter shall be entitled to receive a license. A license shall not be transferable as to person or place. A license obtained for a food establishment shall be conspicuously displayed to the public. !! 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N DVfMk}Yii'.�, aDU� Office of License, Inspections and Environmental Protection B Qa,�es,.— �. o-dn.s � (2) A catering food vehicle operating in the city shall be identified with the name, city, and telephone number of the licensee displayed on both sides of the vehicle in a conspicuous place as designated by the office. The name shall be in letters of four (4) inches minimum height and of a color contrasting with the background. (g) Food safety traiuing. The office may require an applicant for a license to participate in a meeting or tranung session provided by the office, including the use of videotape or other alternarive training methods, for the purQose of providing information in the factors that cause and prevent foodbome illness if the applicant is not required to employ a certified food manager. Section 2 This ordinance shall take effect and be in force thiriy (30) days following its passage, approval and publication. 1+� 15 �14 � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � .� n_ DeparhnentloTfice/council: Date Initiated: V�� t��+ �P -U�����h�n„��t Z�EP-� Green Sheet NO: 3022584 Contact Person & Phone• DeoartrneM Sent To Person �InitiaUD � Janeen E. Rosas � 0 ice ns 'u nriron Pro ��[�G�[%/ 26Cr9013 p��gn 1 icen s 'o nviron D a entDir r 7 7_ �� Must Be on Council Agenda by (Date): Number T 2 ttoro For Routing 3 a or•s Office Ma orfAssista� O�de� 4 ancil 5 a or's Office Ma odAssistant 6 i erk r Total # uf Signature Pages _(Glip All Locations for SignaYure) Action Requested: Approval of an ordinance amending Chapter 331A of the Saint Paul Legislative Code to change the definition of a a Food - Insritu6onal Facility and to create rivo new license types specifically to address food service facilities at K-12 schools. Recommendations: Approve (A) or Reject (R): Personal Service Contrects Must Mswer the Following Questions: Planning Commission 1. Has this personffirm ever worked under a contract for this departmenl? CIB Committee Yes No Civil Service Commission 2. Has this persoNfirtn ever been a city employee? Yes No 3. Dces this person/firm possess a skill not nortnally possessed by any current city employee? Yes No F�cplain all yes answers on separete sheet and attach to green sheet Initiating Problem, Issues, Opportunity (Who, What, When, Where, Why): This ordinance is part of the overall city budget for 2005. Advantages If Approved: DisadvantagesifApproved: , DisadvantageslfNOtApproved: ToWI Amount of CosURevenue Budgeted: Transaction: ' Fundinp Souree: Activitv Number: " ��� ���`��� Financial information: � (ExPlain) SEP 212��� Council File � r `�� Ordinance � ORDINANCE CITY OF SAINT PAUL, MINNESOTA Presented Referred To 1 2 Committee: Date Green Sheet # 3022584 23 4 An ordinance amending Chapter 331A of the Saint Paul Legislative Code to change 5 the defuu6on of a Food - Institutional facility and to create two license types 6 specifically to address food service facilities at K-12 schools. THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN: 10 5ection 1 11 12 13 Section 331A.04 of the Saint Paul Legislative Code is hereby amended to read as follows: 14 15 Sec. 331A.04. License admuustration. 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 (d) License fees. Fees for licenses issued hereunder along with the fees far an environmental plan review and change of ownership review shall be set forth in section 310.09(b) and 31018 of the Saint Paul Legislative Code. An additional fee may be chazged for each additionaT service or operation which is sepazate, distinct or unique from the central or main food establishment, as determined and approved by the director. Catering - Limited: A caterer who prepares and serves food in a licensed food establishment and does not transport and/or serve food at a satellite location(s). A food vehicle license is not permitted. (1) Catering - Full: A caterer who transports and serves food at a satellite location(s). A food vehicle license is required. Approved food ttansport containers shall be provided. �2) (3) Catering - Add-on: A caterer who is licensed in conjunction with a restaurant. A food vehicle license is required to transport and serve food at a satellite location(s). Approved food transport containers shall be provided. (4) Customer appreciation - Food sales: A license to sell food in conjunction with a business customer appreciation event, where the food operations shall be restricted to the menu items, food prepararion methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food prepazation methods and/or equipment shall require approval by the director prior to the event. Food sales shall be limited to the building in which the business is located or exterior areas contiguous to the building. This license shall be valid for only one event that shall not exceed three (3) consecurive days. A business shall be limited to not more than two (2) such events within a rivelve-month period. 4 tf'��?,�� hOV 15 'Od �� W�2 z 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 �s� (6) Day caze food - Limited: A day care facility where food prepararion shall be limited to snacks. On- site preparation of potentially hazardous foods shall not be permitted. Day caze food: A day caze facility where food is prepared and served on-site. (7) Food �ve-away: An individual or organization distdbuting food products at no chazge. Food operarions shall be restdcted to the items, food prepazation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food prepazation methods and/or equipment shall require approval by the duector prior to the ave-away. This license shall be valid for only one give-away that shall not exceed three (3) consecutive days. (8) Food processinglpackaging/distributing: An additional operation within a restaurant or otl�er food establishment that is not a wholesale food processor, manufacturer, or distributor but involves the processing and/or packagin; of food products that are distributed to and/or sold at another location. A licensed food vehicle shall be required to transport food products. (9) Food vehicie: A vehicle used for transporting food products. (10) Food vending machine: A currency-operated machine that dispenses food products. Vending machines that dispense only canned and bottled pop, gum balls, hard candy, unsorted candy, or ice manufactured or packaged by another do not require a city license. (11) Food vending machine operator: An individual or business that owns and operates food vending machines. An operator's license is not required if the vending machine(s) is owned and located within the operator's own building(s). (12) Food - Boazding facility: An establishment where fo.od is prepared and/or served to occupants of a licensed bed and breakfast, rooming and/or boardinghouse or supervised rooming and/or boardinghouse. (13) Food - Institutionai facility: An establishment where food is prepared and served in a nonprofit lace ofworshiD. , , , or nursine home. � K-12 School Food Service: A public or private school throueh ezade twelve with a food service facility that receives and prepares meals recLUirine extensive food prepazation or handlin� 15 K-12 School Food Service - Limited: A �ublic or private school throu l�i a..i'ade twelve with a food service facilitv that receives and prepares meals from another licensed food establishment. Onlv limited on-site food nregaration or handline is allowed. (�416) Mobile food cart - Limited: A cart used to prepare and/or serve food products, that is not self- contained. Cart shall be retumed daily to a commissary for resupply and cleaning. Foods prepared and/or served shall be limited to those approved by the director, based on the equipment being used and the design and construcrion of the cart. (3-517 Mobile food vehicle: A food establishment preparing and/or serving foods from a self-contained O`�-�tt�Z 1 vehicle, either motorized or within a h�ailer. Foods prepazed and/or served shall be limited to those 2 approved by the director, based on the equipment being used and the desi� and construction of the 3 vehicle. A sepazate commissary may be required for daily resupply and cleaning. 4 (�G18) Mobile food cart/vehicle - Non-profit: A mobile food cart/vehicle that is licensed by, or for, a nonprofit organization_ 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 (-�� Restaurant -(A): A food establishment with food prepazarion and service for carry-out, delivery or on-site dining with seating limited to no more than twelve (12) seats. (�-&20) Restaurant -(B): A food establishment with food preparation and service for cazry-out, delivery, or on-site dining with seating of more than rivelve (12) seats. (-1921) Restaurant -(C): A food establishment that does not prepare or serve potentially hazazdous foods. Service is limited to beveraaes, bakery products or prepackaged foods. (�822) Restaurant -(D) - Add on: A license for a food preparation or baz azea that is in addition to a licensed primary restaurant -(A) or restaurant -(B) location and that is operated within a licensed facility. The prunary restaurant shall be the food prepazation/baz azea that is at or qualifies for, the highest restaurantlicense category. (�� Restaurant -(E) - Extension: A license to extend food prepazation and/or food holding, during normal business hours, to exterior azeas contiguous to the building in which the restaurant is located, such as a pa6o or parking lot. Permitted foods shall be limited to those allowed by the current restaurant license. (�2� Retail food establishment: An establishment or that portion of any location or business that is dedicated to the retail serving, preparation, processing or sale of grocery, bakery or animal products. (�325) Retail food establishxnent - Fanners' mazket: An establishment operated in accordance with and subject to the regulations and provisions of Chapters 11 (City Mazket) and 331A (Food Protection Standazds) of the Saint Paul Legislative Code. Exclusions: Minnesota Consolidated Food License Law, Section 28A.15, Subd. 2- Persons selling products of the farm or gazden occupied and cultivated by them do not require a City of Saint Paul license; but they shall be required to comply with all applicable food regulations. (�26) Retail food establishment - Temporary: A temporary establishment where food sales shall be restricted to prepackaged non-potentially hazazdous foods or canned or bottled nonalcoholic beverages; operating no more than fourteen (14) days annually at any one location. (�5� Retail food establishment - Nonprofit: An establishment operated by a nonprofit organization, such as a food shelf, that provides food without chazge, for humanitarian purposes. (z'�628 Retail food estabiishment - Secondary facility: A service or operation which is separate, distinct or unique from the central or main food azea, within a licensed retail food establishment, used for the sale, serving, prepazation, processing or salvaging of foods. Examples of a secondary facility include a bakery, butcher or saivage operafion within a grocery type of establislunent or a grocery operation p�; �i�Z, within a butcher or bakery type of establishment. This license shall also allow the serving of foods that shall be restricted to coffee, popcorn, bakery products or nonalcoholic beverages. Each secondary facility requires a separate license. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ao 41 42 43 44 45 46 47 (e) (fl (2�29) Special event food sales - 1 to 3 days: A license for a food establishment as a special event, where the food operations shali be restricted to the menu items, food prepazation methods and equipment that have been submitted with the application and approved by the director . Any chan�e in menu items, food preparation methods and/or equipment shall require approval by the director prior to the event. This license shall be valid for only one event that shall not exceed three (3) consecutive days. This license shall only be issued in conjunction with a special event. (z&30) Special event food sales - 4 to 14 days: A license for a food establishment at a special event, where the food operations shall be reshicted to the menu items, food prepazation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food preparation methods and/or equipment shall require approval by the director prior to the event. This license shall be valid for only one event that shall not be less than four (4) and shall not exceed fourteen (14) consecutive days. This license shall only be issued in conjunction with a special event. (�9331) Speciai event food sales - Annual: A license for a food establishment participating in an unlnnited number of special events within a twelve-month period, where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. At the time of application, all events to be participated in duriug the upcoming twelve-months must be listed. Any change in the events listed shall be submitted in writing, to the director for approval, a minimum of seven (7) days prior to the event. Any change in menu during the twelve-month license period shall require submission of a new license application fee. This license shall only be issued in conjunction with a special event. (3932) Special event food sales - Extension: A license for a restaurant to extend food sales in conjunction with a special event to areas contiguous to the restaurant, and where the food operations shall be restricted to the menu items, food preparation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food prepazation methods and/or equipment shall require approval by the director prior to the event. Tkus license shall be valid for only one event that shall not exceed fourteen (14) consecutive days. (3i-33) Special event food sales - Nonprofit: A nonprofit organization selling food in conjunction with a special event where the food operations shall be restricted to the menu items, food prepazation methods and equipment that have been submitted with the application and approved by the director. Any change in menu items, food preparation methods and/or equipment shall require approval by the d'uector prior to the event. This license shall be valid for only one event that shall not exceed fourteen (14) consecutive days. License expirarion. Licenses issued pursuant to this chapter shall expire in accordance with section 310.08(a) of the Saint Paul Legislative Code. Transfer and display of license. � 0�-�t�2 (1) Only a person who complies with the requirements of this chapter shall be enritled to receive a license. A license shall not be transferable as to person or place. A license obtained for a food establishment shall be conspicuously displayed to the public. (2) A catering food vehicle operatin� in the city shall be idenrified with the nazne, city, and telephone number of the licensee displayed on both sides of the vehicle in a conspicuous place as desi�ated by the office. The name shall be in letters of four (4) inches m;n;mum height and of a color conhastin� with the back�ound. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Date �,�,,�-��nb�,- 3, �a-{- Office of License, Inspections and Environmental Protection a Q�.�es. �. o-Aaa PUP.LI.�Ft� (g) Food safety training. The office may require an applicant for a license to participate in a meeting or training session provided by the office, including the use of videotape or other alternative training methods, for the purpose of providing information in the factors that cause and prevent foodbome illness if the applicant is not required to employ a certified food manager. Section 2 This ordinance shall take effect and be in force thirty (30) days following its passage, approval and publication. l�lV 15 '04