2011 Kansas Code
Chapter 36. - HOTELS, LODGINGHOUSES AND RESTAURANTS
Article 5. - FOOD SERVICE AND LODGING ESTABLISHMENTS
36-503 License for food service establishment required; exceptions; application, form, application and license fees, exemptions; inspection; denial, hearing; display; duplicate.

36-503. License for food service establishment required; exceptions; application, form, application and license fees, exemptions; inspection; denial, hearing; display; duplicate. (a) It shall be unlawful for any person to engage in the business of conducting a food service establishment unless such person shall have in effect a valid license therefor issued by the secretary of agriculture, except that any food service establishment providing only a device for the convenience and operation by a customer for the purpose of heating prepackaged food with no provision for consumption of food on the premises, or any person engaged only in the serving of food on railway dining cars or in the occasional sale or serving of food shall not be required to obtain a license under this section. For the purpose of this section, the sale or serving of food in the same location less than seven days in any calendar year shall be construed as the occasional sale or serving of food. For the purpose of this section, hotels that provide only complimentary food service to only that hotel's overnight guests shall not be required to purchase a food service license separate from the lodging establishment license. This exemption from licensing does not exempt any food service establishment inside the hotel from inspection or regulation. Any person not otherwise required to be licensed under this section who prepares, serves or sells food for the sole purpose of soliciting funds to be used for community projects, educational and youth activities or humanitarian purposes, shall not be required to obtain a license under this section. Nothing in this act shall prevent the secretary of agriculture from inspecting any food service establishment when a complaint against such food service establishment is transmitted to the secretary of agriculture or any authorized agent thereof.

(b) A food service establishment operated in connection with any premises licensed, registered or permitted by the department of health and environment pursuant to any other law, which is inspected and regulated pursuant to that law, shall not be required to obtain a license under subsection (a). No provision of this act authorizes the secretary of agriculture to inspect or cause to be inspected such food service establishment under the provisions of this act. This exemption shall not apply to a food service establishment whose primary function is not operated in connection with any premises licensed, registered or permitted pursuant to such other law.

(c) Applications for licenses under subsection (a) shall be made on forms prescribed by the secretary, and each such application shall be accompanied by an application fee and by a license fee, each of which shall be established in an amount fixed by rules and regulations adopted by the secretary of agriculture. Application fees may be adjusted in accordance with the type of establishment or based on other criteria as determined by the secretary, but in no event shall any application fee exceed $200. Such license fee shall not exceed $200 and shall be fixed in an amount which, together with the application fee, is sufficient to defray the cost of administering the food service establishment inspection and licensure activities of the secretary. Prior to the issuance of any such license, the secretary shall inspect or cause to be inspected the food service establishment designated in the application, to determine that it complies with the standards for food service establishments promulgated pursuant to this act. If such food service establishment is found to be in compliance, the secretary shall issue the license. If the application for license is denied, the secretary shall give written notice thereof to the applicant, stating also that the applicant is entitled to a hearing thereon if a written request therefor is filed with the secretary within 20 days of the date such notice is sent. Such hearing shall be held in accordance with the provisions of the Kansas administrative procedure act.

(d) Every license issued hereunder shall be displayed conspicuously in the food service establishment for which it is issued, and no such license shall be transferable to any other person or location. Whenever any such license is lost, destroyed or mutilated, a duplicate license shall be issued to any otherwise qualified licensee upon application therefor and the payment of a fee in the amount of $5.

(e) A premises where prepackaged individual meals are distributed to persons eligible under the federal older Americans act shall not pay any fee prescribed under subsection (c).