36-503. License for food service establishment required; exceptions; application, form, application and license fees, exemptions; inspection; denial, hearing; display; duplicate.
36-503
36-503. License for food service establishmentrequired; exceptions; application, form, application and license fees,exemptions; inspection; denial, hearing; display; duplicate.(a) It shall be unlawfulfor any person to engage in the business of conducting a food serviceestablishment unless such person shall have in effect a valid licensetherefor issued by the secretary ofagriculture, except that any food service establishment providing only adevice for the convenience and operation by a customer for the purpose ofheating prepackaged food with no provision for consumption offood on the premises, or any person engaged only in the serving of foodon railway dining cars or in the occasional sale or serving of foodshall not be required to obtain a license under thissection. For the purpose of thissection, the sale or serving of food in the same location less thanseven days in any calendar year shall be construed as the occasionalsale or serving of food.For thepurpose of this section, hotels that provide only complimentary foodservice to only that hotel's overnight guests shall not be required topurchase a food service license separate from the lodgingestablishment license. This exemption from licensing does notexempt any food service establishment inside the hotel frominspection or regulation.Any person not otherwiserequired to be licensed under thissection who prepares, serves or sells food for the sole purposeof soliciting funds to be used for community projects,educational and youth activities or humanitarian purposes, shallnot be required to obtain a license under this section.Nothing in this act shall prevent thesecretary of agriculture from inspectingany food service establishment when a complaint against such foodservice establishment is transmitted to the secretary of agriculture orany authorized agent thereof.
(b) A food service establishment operated in connection with anypremises licensed, registered or permitted by the department ofhealth and environment pursuant to any other law, which isinspected and regulated pursuant to that law, shall not be required to obtain alicense under subsection (a). No provisionof this act authorizes the secretary of agriculture toinspect or cause to be inspected such food service establishmentunder the provisions of this act.This exemption shall not apply toa food service establishment whose primary function is notoperated in connection with any premises licensed, registered orpermitted pursuant to such other law.
(c) Applications for licenses undersubsection (a) shall be made on formsprescribedby the secretary, and each such application shall be accompanied byan application fee and by a license fee, each of which shall beestablished in an amount fixed by rules and regulations adopted bythe secretary of agriculture. Applicationfees may be adjusted in accordance with the type of establishment or based onother criteria as determined by the secretary, but in no event shall anyapplication fee exceed $200. Such license fee shall not exceed $200 and shallbe fixed in an amount which, together with the application fee, issufficient to defray the cost of administering the food serviceestablishment inspection and licensure activities of the secretary.Prior to the issuance of any such license, the secretary shall inspector cause to be inspected the food service establishment designatedin the application, to determine that it complies with the standards forfood service establishments promulgated pursuant to this act. Ifsuch food service establishment is found to be in compliance, thesecretary shall issue the license. If the application for license isdenied, the secretary shall give written notice thereof to the applicant,stating also that the applicant is entitled to a hearing thereon if awritten request therefor is filed with the secretary within 20 days ofthe date such notice is sent. Such hearing shall be held in accordancewith the provisions of the Kansas administrative procedure act.
(d) Every license issued hereunder shall be displayedconspicuouslyin the food service establishment for which it is issued, and no suchlicense shall be transferable to any other person or location.Whenever any such license is lost, destroyed or mutilated, aduplicate license shall be issued to any otherwise qualified licenseeupon application therefor and the payment of a fee in theamount of $5.
(e) A premises where prepackaged individual meals are distributedto persons eligible under the federal older Americans act shall not payany fee prescribed under subsection (c).
History: L. 1975, ch. 314, § 7;L. 1976, ch. 205, § 1;L. 1978, ch. 154, § 2;L. 1981, ch. 181, § 1;L. 1982, ch. 181, § 1;L. 1984, ch. 313, § 56;L. 1993, ch. 196, § 1;L. 2001, ch. 203, § 1;L. 2008, ch. 84, § 11;L. 2008, ch. 84, § 12;L. 2009, ch. 59, § 5; July 1.