The following definitions shall apply in the interpretation and enforcement of this article.

(a)   “Food Establishment” as used in this article shall mean grocery store, bottling plant, manufacturing or processing plant, and all other places in which food or drink is prepared, manufactured, packed, stored or distributed for sale or offered for sale, except those places where food or drink is prepared and sold or offered for sale for consumption on the premises.

(b)   “Employee” shall mean any person who handles food or drink preparation, manufacturing or processing, or who comes in contact with any utensils being used for preparation, manufacturing or processing, or who is employed in a room in which food or drink is prepared, manufactured or processed.

(c)   “Utensils” shall include any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation, manufacturing or processing.

(d)   “Health Officer” shall mean the public health sanitarian or his or her authorized representative.

(e)   “Person” shall mean person, firm, corporation or association.

(R.O. 1971, 11-301)

It shall be unlawful for any person to operate a food establishment in the city who does not possess an unrevoked permit from the city. Such permit shall be issued by the city clerk upon proper application and after inspection by the health officer and a finding by that official that the applicant is entitled to a permit under the provisions of this article. Such permit shall be issued on an annual basis and shall expire on December 31 of each year. A fee of $10 shall be charged for each application and shall be payable at time application is made. The fee is for the purpose of paying for inspections and other costs of carrying out the provisions of this article. All applications are due on January 1 of each your for existing food establishments and on the first day of the month following the opening of a new food establishment. If such application is not made within 60 days after the times prescribed, a penalty of $1 shall be added to the application fee.

(Ord. 3794, Sec. 14)

Application for a permit required by this article shall be made in writing to the city clerk upon forms to be furnished by the city. It shall state the name of the applicant and the location of the food establishment for which the permit is sought. The city clerk shall refer all applications to the health officer for making the inspection required by this article. Such inspection shall be made as soon as possible and within not more than one week after receipt of the application; provided, that in case the health officer has made a recent inspection of the premises, he or she may approve an applicant and need not make the inspection otherwise required by this section.

The health officer shall return all applications to the city clerk together with his or her endorsement thereon recommending or advising against the issuance of the permit.

(R.O. 1971, 11-303)

Only persons who comply with the provisions of this article shall be entitled to receive and retain a permit. Such permit may be temporarily suspended by the health officer upon violation by the holder thereof of any of the terms of this article, or revoked after an opportunity for a hearing by the board of commissioners upon serious or repeated violation. Such permit shall be posted in a conspicuous place.

(Code 1975, 11-304)

Samples of food, drink and other substances may be taken and examined by the health officer as often as may be necessary for the detection of unwholesomeness or adulteration. The health officer may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated in conformity with laws, rules and regulations of the state board of health.

(Code 1975, 11-305)

Inspections shall be conducted by the health officer in the following manner:

(a)   At least once every six months, the health officer shall inspect every food establishment located within the city. In case the health officer discovers the violation of any item of sanitation, he or she shall make a second inspection after the elapse of such time as he or she deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this article. Any violation of the same item of this article on such second inspection shall call for immediate suspension of permit.

(b)   One copy of the inspection report shall be posted by the health officer upon an inside wall of the food establishment, and the inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health department.

(c)   The person operating the food establishment shall upon request of the health officer permit access to all parts of the establishment and shall permit copying any or all records of food purchased.

(Code 1975, 11-306)

(a)   All food establishments shall comply with the Food Service Establishment Regulations, 1983 edition, prepared and approved by the Department of Health and Environment of the State of Kansas, which the regulations are hereby incorporated into the Code of the City of Newton, Kansas, as if set out therein in full, and which such regulations shall be in full force and effect except as they may be from time to time modified or repealed. If any conflict or discrepancy exists between this article and the referenced regulations, the provisions of this article shall rule. No fewer than three copies of the Food Service Establishment Regulations shall be marked or stamped “Official Copy as Incorporated by Reference by the Code of the City of Newton, Kansas,” with all sections or portions thereof intended to be omitted, changed or amended, clearly marked to show such deletion or change, and to which shall be attached a copy of this section and filed with the city clerk to be open to inspection and available to the public at all reasonable hours. All administrative departments of the city charged with enforcement of this article shall be supplied, at the cost of the city, such number of official copies of such Food Service Establishment Regulations similarly marked, deleted and changed as may be expedient.

(b)   Such Food Service Establishment Regulations, 1983 Edition, hereinabove adopted by reference are hereby modified in the following respects:

(1)   Subsection (q) of Section 28-36-20 shall be amended to read as follows:

(q)   “Regulatory Authority” means the City of Newton, Kansas, or the Kansas Department of Health and Environment, to any duly authorized representative of either agency, as the context may require.

(Ord. 3742, Sec. 1)

From and after January 1, 1960, no food establishment shall be operated within the city or its police jurisdiction unless it conforms with the requirements of this article; provided, that when any food establishment fails to qualify, the health officer is authorized to suspend the permit.

(R.O. 1964, 11-425)

Any food establishment, the permit of which has been suspended, may at any time make application for the reinstatement of the permit. Within one week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provision or provisions of this article have been conformed with, the health officer shall make a reinspection, and thereafter as many additional reinspection as he or she may deem necessary to assure himself or herself that the applicant is again complying with the requirements, and in, case the findings indicate compliance, shall reinstate the permit.

(R.O. 1964, 11-426)

No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any food establishment, and no food establishment shall comply any person suspected of being affected with any disease in a communicable form or has become a carrier of such a disease. If the food establishment manager has evidence, or reasonably suspects that any employee has contracted any disease in a communicable form or has become a carrier of such a disease, he or she shall notify the health officer immediately. A placard containing this section shall be posted in all toilet rooms.

(R.O. 1964, 11-427)

When suspicion arises as to the possibility of transmission of infection from any food establishment employee, the health officer is authorized to require any or all of the following measures:

(a)   The immediate exclusion of the employee from all food establishments;

(b)   Adequate medical examinations by the health officer or a duly qualified physician of the employee and of his or her associates, with such laboratory examinations as may be indicated.

(R.O. 1964, 11-428)

Any person violating any of the provisions of this article shall, upon conviction thereof, be fined in any sum not exceeding $100 at the discretion of the court having jurisdiction. Each and every violation of the provisions of this article shall constitute a separate offense.

(R.O. 1964, 11-429)

Should any section, paragraph, sentence, clause or phrase of this article be declared unconstitutional or invalid for any reason, the remainder of the article shall not be affected thereby.

(Code 1977, 11-330)