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HomeMy WebLinkAboutA006 - Manhattan, KS ordinances Page 1 of 1 Jill Ripperger From: JASON HILGERS <HILGERS@ci.manhattan.ks.us> To: <ritperger@city.ames.ia.us> Sent: Thursday, August 17, 2000 11:30 AM Attach: Smoking Ord 1.doc; Smoking Ord 2.doc Subject: FW: Smoking Ordinance Attached to this e-mail are two versions of a smoking ordinance. Thanks! Jason Hilgers Management Assistant City of Manhattan 785-587-2404 ----Original Message----- From: BILL FROST Sent: Tuesday,July 25,2000 12:18 PM To: RON FEHR;DIANE STODDARD;JASON HILGERS Subject: Smoking Ordinance OK,here is my attempt at a smoking ordinance. Actually, here are two attempts. Attached are drafts of two ordinances. Ord 1 prohibits smoking in restaurants,but allows any restaurant that exists, as of a date to be filled in, to permit smoking if they put up a sign. But, these existing restaurants have to come into compliance if they remodel, or change hands. Ord 2 allows any restaurant to declare themselves a"Smoking Establishment" if they get a permit and put up a sign; however, this permit process is only good until Dec. 31, 2005, and after that everybody has to be smoke free. I have attempted to define restaurant to eliminate places that are having food without selling it, and also where there are no facilities to sit down and eat (mini-marts). I have also attempted to address situations where there may be a restaurant in part of a building and something else in another part (bowling alley). I have said that part of the building separated from the food preparation, and consumption,by walls or distance (the distance is just my stab), does not have to comply with the ban. Section 1 of both ordinances is an existing section of our Code, and I have highlighted my changes to what exists now. I still have some concern as to how to address private operations, like the country club. It was unclear from my notes whether or not the commission wanted to exclude them. I have not excluded them in these drafts. Look over these master pieces and get back to me with comments or questions. <<Smoking Ord 1.doc>> <<Smoking Ord 2.doc>> 8/17/2000 NO ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MANHATTAN, KANSAS, BY AMENDING SECTION 14-1, WHICH DEALS WITH DEFINITIONS RELATED TO THE REGULATION OF FOOD ESTABLISHMENTS, AND ADDING ADDITIONAL SECTIONS REGULATING SMOKING WITHIN CERTAIN TYPES OF FOOD ESTABLISHMENTS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS: Section 1. That Section 14-1 of the Code of Ordinances of the City of Manhattan, Kansas, is hereby amended to read as follows: Sec. 14-1. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them: Food establishment means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption and includes food service establishments, retail food stores, food vending machines, food processing establishments, and temporary event food vendors. "Food establishment" does not include an establishment that provides only prepackaged foods that are not potentially hazardous and/or only whole, uncut fresh fruits and vegetables. Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term includes delicatessens that offer prepared food in individual service portions. Food processing establishment means a commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer. Food vending machine means any self-service device which, upon insertion of a coin, coins, or tokens, or by other similar means, dispenses unit servings of food, either in bulk or in packages but shall not include any vending machine dispensing only bottled or canned soft drinks, or prepackaged and non-potentially hazardous food. Food vending machine company means any establishments that is in the business of operating and servicing food vending machines. Potentially hazardous food means a food that is natural or synthetic and is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum. A partial list includes: food of animal origin that is raw or heat-treated; food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil mixtures. Retail food store means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. Temporary event food vendor means a food service that operates less than six days per calendar year and does not have a current Kansas Food Service License. Section 2. That the Code of Ordinances, City of Manhattan, Kansas, is hereby amended by adding a section, to be numbered 14-5,which said section reads as follows: Section 14-5 Smoking Regulations. a. No person shall smoke in any Restaurant. No owner, operator or manager of a Restaurant shall permit, or allow, smoking within such Restaurant. The owner, operator or manager of a Restaurant shall be deemed to have permitted, or allowed, smoking within their Restaurant, if they are aware that smoking is occurring within the Restaurant, and they fail to take reasonable affirmative action to require the smoking to cease. b. The provisions of sub-section (a), above, shall not apply to any Restaurant existing as of , if said Restaurant is in compliance with the notice requirement set forth hereinafter. However, the provisions of sub- section (a) shall apply to such Restaurant at the time of issuance of any building permit related to alterations, modifications or repair of the facility within which the Restaurant is located, if such alterations, modifications or repair are related to the operation of the Restaurant. The provisions of subsection (a) shall also apply to the Restaurant at the time a permit is issued, related to said Restaurant,pursuant to Section 14-2 of the Code of Ordinances, 2 to a person, or entity, different than the one that existed as of the above mentioned date. Any Restaurant which qualifies, and desires to take advantage of this provision, shall have posted at all times the Restaurant is open for business, a conspicuous sign on all outside entry doors stating "This is a Smoking Establishment'. c. Nothing contained within this Section shall be deemed to permit a Restaurant to operate in violation of any applicable smoking regulations imposed by the State of Kansas or by any other applicable governmental entity. Section 3. This Ordinance shall take effect upon its publication in the official City newspaper. PASSED AND ADOPTED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS, THIS DAY OF , 2000. CITY OF MANHATTAN, KANSAS KAREN MCCULLOH Mayor ATTEST: RICHARD L. DOAN City Clerk 3 ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF MANHATTAN, KANSAS, BY AMENDING SECTION 14-1, WHICH DEALS WITH DEFINITIONS RELATED TO THE REGULATION OF FOOD ESTABLISHMENTS, AND ADDING ADDITIONAL SECTIONS REGULATING SMOKING WITHIN CERTAIN TYPES OF FOOD ESTABLISHMENTS. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS: Section 1. That Section 14-1 of the Code of Ordinances of the City of Manhattan, Kansas, is hereby amended to read as follows: Sec. 14-1. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them: Food establishment means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption and includes food service establishments, retail food stores, food vending machines, food processing establishments, and temporary event food vendors. "Food establishment" does not include an establishment that provides only prepackaged foods that are not potentially hazardous and/or only whole, uncut fresh fruits and vegetables. Food service establishment means any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term includes delicatessens that offer prepared food in individual service portions. Food processing establishment means a commercial operation that manufactures, packages, labels, or stores food for human consumption and does not provide food directly to a consumer. Food vending machine means any self-service device which, upon insertion of a coin, coins, or tokens, or by other similar means, dispenses unit servings of food, either in bulk or in packages but shall not include any vending machine dispensing only bottled or canned soft drinks, or prepackaged and non-potentially hazardous food. Food vending machine company means any establishments that is in the business of operating and servicing food vending machines. Potentially hazardous food means a food that is natural or synthetic and is in a form capable of supporting the rapid and progressive growth of infectious or toxigenic microorganisms or the growth and toxin production of Clostridium botulinum. A partial list includes: food of animal origin that is raw or heat-treated; food of plant origin that is heat-treated or consists of raw seed sprouts; cut melons; and garlic and oil mixtures. Retail food store means any establishment or section of an establishment where food and food products are offered to the consumer and intended for off-premises consumption. The term includes delicatessens that offer prepared food in bulk quantities only. Temporary event food vendor means a food service that operates less than six days per calendar year and does not have a current Kansas Food Service License. Section 2. That the Code of Ordinances, City of Manhattan, Kansas, is hereby amended by adding a section,to be numbered 14-5,which said section reads as follows: Section 14-5 Smoking Regulations. a. No person shall smoke in any Restaurant. No owner, operator or manager of a Restaurant shall permit, or allow, smoking within such Restaurant. The owner, operator or manager of a Restaurant shall be deemed to have permitted, or allowed, smoking within their Restaurant, if they are aware that smoking is occurring within the Restaurant, and they fail to take reasonable affirmative action to require the smoking to cease. b. The provisions of sub-section (a), above, shall not apply to any Restaurant which has designated itself as a Smoking Establishment. In order to make such designation, said Restaurant shall apply to the City for a permit to operate as a Smoking Establishment, on a form provided by the City Clerk. The applicant for such a permit shall pay a permit fee of$ , which shall accompany the application. Any Restaurant which obtains a Smoking Establishment permit, shall have posted at all times the Restaurant is open for business, a conspicuous sign on all outside entry doors stating "This is a Smoking Establishment". Smoking Establishment permits shall be valid for 2 one year from the date of issuance and not be transferable. All Smoking Establishment permits, regardless of the date of issuance, if they have not expired sooner, shall expire on December 31, 2005, and no such permits shall be issued after said date. c. Nothing contained within this Section shall be deemed to permit a Restaurant to operate in violation of any applicable smoking regulations imposed by the State of Kansas or by any other applicable governmental entity. Section 3. This Ordinance shall take effect upon its publication in the official City newspaper. PASSED AND ADOPTED BY THE GOVERNING BODY OF THE CITY OF MANHATTAN, KANSAS,THIS DAY OF , 2000. CITY OF MANHATTAN, KANSAS KAREN MCCULLOH Mayor ATTEST: RICHARD L. DOAN City Clerk 3