§ 8B-17. Planning related to food stores.

1.

This Section shall apply to food stores located within incorporated or unincorporated Miami-Dade County. For purposes of this Section a food store shall be any business establishment containing more than forty thousand (40,000) square feet of floor area, which sells food supplies at retail to the public including supermarkets and grocery stores. Food stores shall not include restaurants, coffee shops, delicatessens, bakeries or similar establishments which exclusively serve prepared or cooked foods. Food supplies shall mean canned and non-perishable foods and water.

2.

Food stores are required to create and implement a plan to provide for the retail sale of food supplies to the public within twenty-four (24) hours following the declaration of a local state of emergency pursuant to this Chapter (the "Food Store Emergency Plan").

3.

The Food Store Emergency Plan shall document the food store's ability to provide for the retail sale of food supplies on an uninterrupted basis not later than August 1, 2006 and shall provide, at a minimum:

(a)

An alternate source of power (the "Alternate Source") shall be sufficient to provide lighting and ventilation as necessary to open the food store to the general public during normal business hours and sell food supplies.

(b)

In the event that the Alternate Source requires the installation of permanent equipment, a schedule showing the purchase or lease of the equipment and providing installation not later than August 1, 2006.

(c)

In the event that the Alternate Source requires construction or otherwise the obtaining of a building permit, a schedule for obtaining a permit not later than July 1, 2006 and a certificate of occupancy not later than August 1, 2006.

(d)

A maintenance plan for any and all equipment related to the Alternate Source.

(e)

Plans for the recall of food store personnel essential to the task of dispensing food supplies.

(f)

Identification of the owner, manager or person having operational control of the food store and, if different, emergency contact personnel charged with implementing the plan. The plan shall also include provisions for use of alternate personnel in the event that primary personnel is affected by the natural disaster. The plan shall also demonstrate sensitivity to the needs of employees and other personnel who may be adversely affected including, where appropriate, provisions for emergency transportation.

4.

Each owner of a food store shall deliver the required Food Store Emergency Plan to the Director not later than July 1, 2006. For food stores which are not in possession of a certificate of use and occupancy as of the effective date of this Section, the required Food Store Emergency Plan shall be delivered to the Director not later than 90 days following the date of such certificate and shall provide for implementation within 180 days of submission of the plan.

5.

The Director shall review each Food Store Emergency Plan to determine in his or her discretion whether such plan complies with the requirement of this ordinance and otherwise provides for the protection of public safety by allowing for the distribution of food during disaster conditions.

6.

The Director shall reject any Food Store Emergency Plan within thirty (30) days of its submission by notifying the person identified in the plan. The Director shall wherever possible identify the reasons for rejection and provide an opportunity to cure. Failure to notify a rejection shall be deemed approval of the plan.

7.

Food stores shall at all times abide by the provisions of the approved Food Store Emergency Plan, including any and all deadlines set forth in the approved schedule. The Food Store Emergency Plan shall be in effect for a period of five (5) years and shall be binding on all subsequent owners and operators of the food store. A new Emergency Food Store Plan shall be submitted for approval not later than sixty (60) days prior to the expiration of the plan in effect.

8.

In the event of any material change with respect to any of the provisions of the Food Store Emergency Plan the revisions shall be communicated to the Director in writing, for the Director's approval, wherever possible in advance of the proposed change and in no event later than sixty (60) days following the adoption of the change.

9.

Failure to abide by the provisions of this Section shall be punishable by civil fine in the manner established by Chapter 8CC of this Code, with each day of violation constituting a separate offense. The provisions of this Chapter shall also be enforceable through injunctive relief as a means of protection of the public interest through the exercise of the County's police power, and through any other means available at law.

10.

The Director shall be entitled, in his or her discretion, to exempt a food store from the requirements of this Section based upon criteria to be applied uniformly and approved by resolution of this Board. The criteria may include size, volume and location of the food store. The Building Official for Miami-Dade County shall adopt standard drawings, permit application and process to assist in the implementation of the requirements of this Section. The County Manager shall also provide to the Board within ninety (90) days from the effective date of this Section proposed legislative measures to defray the costs of building permits required by Miami-Dade County to implement the provisions of this Section.

11.

This Section shall preempt and supersede any inconsistent municipal ordinance to the same effect.

12.

Nothing in this Section shall be interpreted to curtail, impede or otherwise affect the discretionary authority of the County in the exercise of its police power, administrative or regulatory functions.

(Ord. No. 06-41, § 1, 3-23-06)