§ 68-35 — Shared Kitchens

68-35. Shared Kitchens.

1. REVIEW AND APPROVAL. a. Any time one or more food establishments propose to operate out of the same commercial kitchen, the primary license holder shall notify the department of his or her intent to share kitchen space. b. If not previously approved by the department, the addition of other users sharing commercial kitchen space shall be considered a significant operational change requiring plan review and approval as specified in s. 68-7. c. The commissioner may prohibit use of a commercial kitchen as a shared kitchen based on either the size of the kitchen or the compliance history of the food establishment. d. Unless operated by the same licensee, each shared kitchen user shall obtain his or her own food dealer license. 2. OPERATOR DUTIES. The primary license holder shall: a. Ensure the physical facilities and all equipment provided by the primary license holder in the shared kitchen are in compliance with all local, state and federal regulations, including compliance with all health and sanitation requirements. b. Ensure that any person engaged in food preparation or storage within the facility is properly licensed. Allowing an unlicensed user to prepare food for sale shall be considered a violation and grounds for corrective action, including revocation of the food dealer license. c. Maintain records on site regarding the use of the shared kitchen for a period of 24 months from the date of entry and make the records immediately available upon request by the department at the time of inspection or investigation. Failure to maintain records or to provide required records to the department shall be grounds for the department to rescind approval to permit shared use of the kitchen. Each of the following records shall be maintained and made available by the primary license holder: c-1. A list of all shared kitchen users and current contact information. c-2. For each shared kitchen user, a copy of the following documents: c-2-a. A menu approved by the department. c-2-b. A valid food dealer license. c-2-c. All agreements entered into by the primary license holder with each shared kitchen user, including the effective date, and if applicable, the termination date of each agreement. c-2-d. If the shared kitchen user is processing or storing potentially hazardous foods, a valid food service manager certificate. c-3. A weekly or monthly schedule of the proposed dates and times when each shared kitchen user, including the primary license holder, intends to use the shared kitchen. c-4. A shared kitchen user sign-in log indicating the dates and times each shared kitchen user arrived and departed. d. Notify the department if a shared kitchen user discontinues, terminates or otherwise withdraws from any contract or agreement, or if a shared kitchen user repeatedly fails to use the space during his or her scheduled time without contacting the primary license holder. e. Provide access for inspection by the department to all locked equipment located in any storage area maintained in the shared kitchen. f. Ensure that the number of shared kitchen users operating in the shared kitchen does not pose a health or safety risk, and remains within the total number of users and total number of simultaneous users for which the establishment is approved. 3. USER DUTIES. A shared kitchen user issued a secondary or subsequent license for a food establishment shall: a. Conform to the requirements provided in s. 68-7. b. Comply with all food safety requirements and regulations set forth in this chapter. Primary license holders and shared kitchen users shall be jointly and individually liable for any equipment or facility violations. c. Ensure a certified food manager is on site at all times that potentially hazardous food is being prepared, tasted, handled, packaged, prepared for storage, served or otherwise used, and make available, upon request, a food manager certificate. d. Have a copy of a city-issued license posted on site at all times when the shared kitchen user is using the shared kitchen. e. Keep and maintain on file each of the following records: e-1. A list identifying the dates and times the user uses the shared kitchen. e-2. A copy of the written statement signed by the primary license holder of the shared kitchen stating that the shared kitchen user has been authorized to rent, lease or use the shared kitchen. The statement shall include the start date and end date, if any, to which the authorization applies. 4. USER RECORDS. The records required under sub. 3-e shall be maintained by the shared kitchen user for a period of at least 24 months after the date of entry of a record. Upon a request by any authorized city official, the shared kitchen user shall make these records immediately available for inspection by an authorized city official.