EXPLANATION: CAPITALS indicate matter added to existing law.
[Brackets] indicate matter deleted from existing law.
* WARNING: THIS IS AN UNOFFICIAL, INTRODUCTORY COPY OF THE BILL.
THE OFFICIAL COPY CONSIDERED BY THE CITY COUNCIL IS THE FIRST READER COPY.
INTRODUCTORY*
CITY OF BALTIMORE
COUNCIL BILL
Introduced by: The Council President
At the request of: The Administration (Department of Health)
A BILL ENTITLED
AN ORDINANCE concerning
Title
Food Service Facilities - Licensing and Regulation
FOR the purpose of authorizing the Health Commissioner to designate licensing classes and, with the approval of the Board of Estimates, to set license and processing fees for various types of food service facilities; authorizing the issuance of provisional licenses under certain circumstances; increasing certain civil penalties relating to the operation of food service facilities; correcting, clarifying, and conforming certain language; and generally relating to the licensing and regulation of food service facilities.
Body
BY repealing and reordaining, with amendments
Article - Health
Section(s) 6-103, 6-201, 6-205, 6-402 through 6-404, inclusive, 6-406
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, without amendments
Article - Health
Section(s) 6-203(a), 6-408, 6-506
Baltimore City Revised Code
(Edition 2000)
BY adding
Article - Health
Section(s) 6-208
Baltimore City Revised Code
(Edition 2000)
BY repealing
Article - Health
Section(s) 6-401
Baltimore City Revised Code
(Edition 2000)
BY repealing and reordaining, with amendments
Article 1 - Mayor, City Council, and Municipal Agencies
Section(s) 40-14(e)(7)(Title 6)
Baltimore City Code
(Edition 2000)
SECTION 1. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF BALTIMORE, That the Laws of Baltimore City read as follows:
Baltimore City Revised Code
Article - Health
Title 6. Food Service Facilities
Subtitle 1. Definitions; General Provisions
§ 6-103. Rules and regulations.
In the rules and regulations adopted under § 2-106 {"Rules and regulations"} of this article, the Commissioner, CONSISTENT WITH THIS TITLE AND STATE LAW:
(1) MUST DESIGNATE THE CLASSES OF LICENSES TO BE ISSUED FOR VARIOUS TYPES OF FOOD SERVICE FACILITIES; AND
(2) may include provisions[, consistent with this title and State law,] that govern the construction, design, operation, and maintenance of food service facilities.
Subtitle 2. License Required
§ 6-201. In general.
(A) OPERATION WITHOUT LICENSE PROHIBITED.
No person may operate a food service facility without a license to do so from the Commissioner of Health.
(B) LICENSE NOT TRANSFERABLE.
A LICENSE MAY NOT BE TRANSFERRED FROM PLACE TO PLACE OR PERSON TO PERSON.
§ 6-203. Inspection and priority assessment of facility.
(a) Inspection.
On receipt of an application, the Commissioner must inspect the food service facility to determine compliance with all applicable laws, rules, and regulations.
§ 6-205. Scope of license.
[(a) In general.]
While a license is in effect, it authorizes the operation of the food service facility in accordance with the approved plans and specifications.
[(b) License not transferable.
A license may not be transferred from place to place or person to person.]
§ 6-208. PROVISIONAL LICENSES.
(A) IN GENERAL.
IF A LICENSED FOOD SERVICE FACILITY IS SOLD OR OTHERWISE TRANSFERRED TO A NEW OWNER, THE NEW OWNER MAY APPLY FOR A SHORT-TERM, PROVISIONAL LICENSE TO PERMIT THE CONTINUED OPERATION OF THE FACILITY PENDING THE COMMISSIONER'S INSPECTION OF THE FACILITY.
(B) TERM AND RENEWAL.
UNLESS SOONER SUSPENDED OR REVOKED:
(1) THE TERM OF A PROVISIONAL LICENSE IS 60 DAYS; AND
(2) THE LICENSE MAY BE RENEWED FOR ONE ADDITIONAL 60-DAY TERM.
Subtitle 4. Fees
[§ 6-401. Definitions.
(a) In general.
In this subtitle, the following terms have the meanings indicated.
(b) Temporary facility.
"Temporary facility" means a food service facility that operates:
(1) in connection with a fair, carnival, festival, block party, or similar gathering; and
(2) for no more than 14 consecutive days at a fixed location.
(c) Vending machine.
(1) "Vending machine" means any self-service device that:
(i) on insertion of a coin, paper currency, token, card, or key or by other similar means, dispenses unit servings of food; and
(ii) does not need to be replenished between each vending operation.
(2) "Vending machine" includes a device described in paragraph (1) of this subsection even if it has an optional manual operation.
(d) Wholesaler.
"Wholesaler" means a food service facility that, whether as a broker, commission merchant, jobber, packers' agent, itinerant vendor, or otherwise:
(1) sells food to other food service facilities, including hotels, restaurants, institutions, commissaries, and manufacturers;
(2) supplies branch or chain establishments from a central depot or store; or
(3) holds or stores food as a bailee.]
§ 6-402. Processing fees.
(a) Application fee.
When applying for a license to operate a food service facility or applying for a permit to undertake material alterations, the applicant must pay an application fee [of $150] to help defray the cost of processing the plans and specifications and of undertaking an initial inspection.
(b) Reinspection fee.
The applicant must pay an additional fee [of $50] for each reinspection needed before the license or permit can be approved.
(c) FEE AMOUNTS.
THE AMOUNT OF THESE FEES ARE AS SET FROM TIME TO TIME BY THE COMMISSIONER, WITH THE APPROVAL OF THE BOARD OF ESTIMATES.
§ 6-403. Annual license fees.
[Except as specified in] SUBJECT TO § 6-404 {"Reduced fee for certain tax exempt entities"} and § 6-405 {"Waived fee for certain day care centers"} of this subtitle, the [following] annual license fee [is imposed] for each [location] CLASS of [a ]food service facility IS AS SET FROM TIME TO TIME BY THE COMMISSIONER, WITH THE APPROVAL OF THE BOARD OF ESTIMATES[:].
[(1) Wholesalers $ 500
(2) Caterers 550
(3) High priority facilities 450
(4) Moderate priority facilities 350
(5) Low priority facilities 185
(6) Temporary facilities 50
(7) Vending machines 10]
§ 6-404. Reduced fee for certain tax exempt entities.
(a) Scope of section.
This section applies to an entity described in subsection (b) of this section only as long as that entity maintains tax exempt status under § 501(c)(3) of the Internal Revenue Code.
(b) [Commissioner to set fees] MAXIMUM FEE.
For the following tax exempt entities, the annual license fee [is as set from time to time by the Commissioner, with the approval of the Board of Estimates, but] MAY not [to] exceed $50:
(1) any charitable food facility that provide meals to low-income individuals for no charge, such as soup kitchens, soup pantries, or shelter homes;
(2) any youth organization whose membership is composed of minors and that operates temporary facilities for the purpose of raising funds to support the organization; and
(3) any child group day care center that is licensed to provide care and supervision to school age and preschool age children.
§ 6-406. Late fees.
(A) IN GENERAL.
Any licensee who is required to pay a license FEE and who fails to renew the license within 5 days of its expiration must pay an additional LATE fee [of $25] for each day after the expiration date that the license remains unrenewed.
(B) AMOUNT.
THE AMOUNT OF THE LATE FEE IS AS SET FROM TIME TO TIME BY THE COMMISSIONER, WITH THE APPROVAL OF THE BOARD OF ESTIMATES.
§ 6-408. Use of fee proceeds.
(a) In general.
(1) The Commissioner must promptly account for and pay to the Director of Finance all fees received under this subtitle.
(2) The Director of Finance must credit these fees to a special fund entitled "Food Service Facilities", to be used:
(i) to cover the cost of licensing, inspecting, and regulating food service facilities; and
(ii) to help defray the cost of environmental health inspection programs that affect food service facilities.
(b) Accounting to Council.
The Director of Finance must submit a quarterly accounting of this fund to the Chair of the Budget and Appropriations Committee of the City Council.
Subtitle 5. Miscellaneous Regulations
§ 6-506. Litter and rubbish prohibited.
(a) In general.
Each food service facility must keep its entire premises, including all abutting sidewalks, alleys, footpaths, gutters, and other public rights-of-way, free of litter and rubbish.
(b) Complaints; hearing.
(1) If, during any license year, the Commissioner receives 10 or more complaints of the facility's having violated this section, the Commissioner must conduct a hearing under Subtitle 6 {"Suspensions and Revocations"} of this title to determine if the license should be suspended, its renewal denied, or other penalties imposed.
(2) For purposes of this subsection, the Commissioner may accept a complaint only if it:
(i) is in writing;
(ii) is made by an adult;
(iii) includes the complainant's name and address; and
(iv) is submitted independently of any other person's complaint about the facility.
(c) Litterer remains subject to prosecution.
Nothing in this section precludes the imposition of penalties under any other law that governs the disposition of litter, trash, garbage, or other waste.
Baltimore City Code
Article 1. Mayor, City Council, and Municipal Agencies
Subtitle 40. Environmental Control Board
§ 40-14. Violations to which subtitle applies.
(e) Provisions and penalties enumerated.
(7) Health Code
Title 6: Food Service Facilities
SUBTITLE 2. LICENSE REQUIRED
§ 6-201. IN GENERAL $300
SUBTITLE 5. MISCELLANEOUS REGULATIONS
§ 6-506. LITTER AND RUBBISH PROHIBITED $200
ALL OTHER PROVISIONS $100
SECTION 2. AND BE IT FURTHER ORDAINED, That the catchlines contained in this Ordinance are not law and may not be considered to have been enacted as a part of this or any prior Ordinance.
SECTION 3. AND BE IT FURTHER ORDAINED, That this Ordinance takes effect on the 30th day after the date it is enacted.
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