Chapter 8.08
FOOD ESTABLISHMENTS
Sections:
8.08.010 Adoption of state rules relating to public food establishments.
8.08.040 Permit – Application.
8.08.070 Permits – Renewal – Issuance.
8.08.075 Consent for health district to charge fees for license issuance or renewal.
8.08.080 Permits – Certificates of recognition.
8.08.090 Revocation or suspension of permit.
8.08.100 Reinstatement of suspended permit.
8.08.120 Compliance with licensing ordinances.
8.08.130 Violations – Penalties.
8.08.010 Adoption of state rules relating to public food establishments.
Subject to the provisions of RCW 35.21.180, Part 6 – Book V, Rules and Regulations of the State Board of Health, Sanitation, Public Food Establishments, revised and adopted by the State of Washington Department of Health March 25, 1955, Sections 1 through 7 inclusive (hereinafter called “rules and regulations”), is hereby adopted by reference except as provided in this chapter or amendments to this chapter. Subject to the provisions of RCW 35.21.180, any future amendments or additions to the said rules and regulations adopted by this chapter shall be deemed and accepted as amendments hereto. [Ord. 75 § 1.01].
8.08.020 Definitions.
When used in this chapter the following words and expressions shall have the meanings ascribed to them below:
“Local health officer” shall mean the city health officer or the district health officer or the authorized representative of either of them.
“Person” shall mean any natural person, a firm, corporation, partnership or association. [Ord. 75 § 1.02].
8.08.030 Permit – Required.
It shall be unlawful for any person to operate a food establishment without having in his possession an unrevoked permit issued by the local health officer. With respect to itinerant food establishments, the permit required shall be the permit required by Section 4 of the rules and regulations. [Ord. 75 § 1.03].
8.08.040 Permit – Application.
A. Application. Any person desiring to obtain a permit shall make application therefor to the local health officer on forms to be provided by him. The application shall include:
1. Name and permanent address of owner or operator or person who shall be responsible for the operation.
2. Type of establishment desired to be operated, including types of food, drink, etc., planned to be served to the public, if any.
3. Location and site of proposed establishment.
4. Statement as to the source of the water supply to be used.
5. Statement as to the method of disposal of liquid wastes.
6. Statement as to the method of disposal of garbage and refuse.
7. Statement as to the use of approved facilities for properly washing and sanitizing utensils.
8. Statement as to the toilet facilities to be used.
B. Itinerant Establishments. Applications for permits for itinerant food establishments shall also include:
1. Duration of time the itinerant food establishment is to be operated.
2. An agreement by the applicant to restore the premises to a clean and sanitary condition following the cessation of operations.
3. Statement as to the use of single-service utensils.
C. Health Officer. The local health officer may require applicants to furnish such other information, either as a part of the application or separately, as he may believe is required to carry out the provisions of this chapter. He may waive such requirements of subsection (A) of this section as he believes are not required to carry out the provisions of the other parts of this chapter. [Ord. 75 § 1.04].
8.08.050 Permit – Fee.
The fee for each food establishment permit, including renewals, shall be in accord with the following fee schedule. Upon receipt of the fee, the city shall notify the local health officer that the fee has been paid. No permit shall be issued until the fee provided herein has been paid.
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A. |
Restaurants: |
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0 to 50 seats |
$50.00 |
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51 to 100 seats |
75.00 |
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101 plus seats |
100.00 |
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Caterer (off site) |
40.00 |
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Seasonal Concession |
40.00 |
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Mobile Units |
40.00 |
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B. |
Itinerants (Temporary Food Establishments): |
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First Day |
15.00 |
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Each Additional Day |
3.00 |
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C. |
Taverns: |
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With Food Preparation |
50.00 |
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Without Food Preparation |
40.00 |
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D. |
Grocery Stores: |
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Without Food Preparation |
25.00 |
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With Food Preparation (i.e., Deli) |
add 15.00 |
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With a Meat Cutting Department |
add 15.00 |
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With a Retail Bakery |
add 15.00 |
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Bakery Only |
25.00 |
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(Maximum fee) |
85.00 |
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E. |
School with a Kitchen |
50.00 |
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F. |
Jail Kitchen |
50.00 |
[Ord. 75 § 1.05; Ord. 4-90].
8.08.060 Permit – Issuance.
If the local health officer determines that the proposed operation is in a suitable location and that the applicant has agreed to adhere to the applicable sanitary requirements of this chapter and that the proposed method of operation is in accordance with the requirements of this chapter, he shall issue an appropriate permit. Permits for itinerant food establishments shall expire at the end of the period stated in the application. Permits for other food establishments shall expire on the thirty-first day of December annually. [Ord. 75 § 1.06].
8.08.070 Permits – Renewal – Issuance.
Permits shall be renewed annually without further application. However, if the local health officer determines that any permit holder has violated the provisions of this chapter to such an extent that continued operation by him constitutes a substantial risk to the health of his employees or others, the health officer may decline to reissue the permit of said person. Ten days’ notice of such decision shall be given the permit holder. [Ord. 75 § 1.07].
8.08.075 Consent for health district to charge fees for license issuance or renewal.
The city of Richland hereby consents and authorizes the Benton-Franklin health district to establish, charge and collect all fees in connection with the issuance or renewal of a license or permit for the operation of a food establishment within the city of Richland. Such consent is conditioned upon the Benton-Franklin health district allowing the city of Richland to take a direct credit equivalent to the total fees paid in 1992 for such permits against the annual assessment charged to the city of Richland by the Benton-Franklin health district. [Ord. 41-92].
8.08.080 Permits – Certificates of recognition.
The local health officer is authorized to award operators of food establishments certificates of recognition for consistent adherence to superior standards of sanitation; such certificates may be in the form of special markings upon permits. [Ord. 75 § 1.08].
8.08.090 Revocation or suspension of permit.
A. Suspension. The permit of any person may be summarily suspended by the health officer when he discovers any violation of this chapter that in his opinion cannot be corrected immediately and that constitutes a serious threat to health.
B. Revocation. The permit of any person may be revoked by the local health officer (but not any deputy health officer) for serious or repeated violations of this chapter. No permit shall be revoked unless the health officer has held a hearing as described in subsection (C) of this section.
C. Hearing. After any suspension of a permit and before any revocation of or refusal to reissue a permit, the health officer shall hold a hearing on the suspension, revocation, or refusal to reissue. He shall give the permit holder at least three days’ notice of the time and place of the hearing. Any person whose application for a permit has been refused shall be afforded a hearing with the same notice upon his request. [Ord. 75 § 1.09].
8.08.100 Reinstatement of suspended permit.
When the permit of any person has been suspended, that person may at any time make application to the local health officer for reinstatement of the permit. Such application shall be accompanied by a statement signed by the applicant setting forth the action taken to correct the situation which was the basis for the suspension. Within one week after receipt of such application, the local health officer shall reinspect the premises of such food establishment and may make as many additional inspections as are necessary to assure himself that the applicant is complying with the requirements of this chapter and of the rules and regulations. If he finds that the applicant is so complying then he shall reinstate the permit. [Ord. 75 § 1.10].
8.08.110 Appeals.
Any person aggrieved by the decision of the health officer may, after the hearing provided for in RMC 8.08.090, appeal to the city or district health board. If to the district health board, the board shall hear such appeal in accordance with its own rules and regulations. If to the city health board, the appeal shall be heard within 20 days, and three days’ notice of such hearing shall be given all persons concerned by the board. [Ord. 75 § 1.11].
8.08.120 Compliance with licensing ordinances.
No permit shall be issued to any person who is required to have a business license by any other ordinance of the city unless he has first obtained such license. [Ord. 75 § 1.12].
8.08.130 Violations – Penalties.
Any person who has violated any provision of this chapter shall have committed a civil infraction subject to a civil penalty as set forth in RMC 10.02.050(E).
Provided, if the same violator has been found to have committed an infraction violation for the same or similar conduct two separate times, with the violations occurring at the same location and involving the same or similar sections of the Richland Municipal Code or other similar codes, the third or subsequent violation shall constitute a misdemeanor, punishable as provided in RMC 1.30.010 for criminal offenses. [Ord. 75 § 1.13; Ord. 17-84; Ord. 06-10 § 1.15].
8.08.140 Severability.
The invalidity of any chapter, section, subsection, provision, clause, or portion thereof, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this chapter or the validity of its application to other persons or circumstances. [Ord. 75 § 1.14].