taverns and permits (was [NR] re: sales tax)

[Decker, Terry D.]

The reason you are going to run into differing opinions is the Health
Department statutes are geared primarily to commercial food preparation and
permanent kitchens.  Non-profit civic, charitable or religious organizations
fall under the definition of "Food service establishment - fee exempt."  The
owner of the kitchen we rent may be required to have a fee exempt license,
but, in my opinion, we tend to fall under the part of the definition that
says, "A license is not required for a non-profit civic, charitable or
religious organization, using non-paid persons to prepare or serve food on
its behalf, for occasional fund-raising events sponsored and conducted by
the organization, nor shall a license be required if such an organization,
using non-paid persons, prepares and serves non-hazardous food at events
sponsored or conducted by other organizations. Guidelines shall be provided
for safeguarding the health of customers."

A "food employee" must have a permit.  Is a "non-paid person" under the
above definition required to have a food handlers permit?  Is the "non-paid"
person a "food employee?"  The regs don't give a clear definition, so you
get varying answers from different Health Department people depending on how
they view the regs. 

Anyone selling food not working directly on behalf of the SCA group probably
meets the basic criteria of a commercial food vendor and would be required
to meet all applicable regulations.  A volunteer working on an SCA feast or
tavern probably does not. 

I think if you work on an SCA feast, being aware of the dangers and the
proper techniques for handling various foods is a good thing.  Do I think a
food handlers permit is necessary?  No.

In fact, a food handlers permit might open one to greater liability (as in
you have a certified knowledge therefore have a greater responsibility)
should someone get sick and sue.

You can find the "Food Service Establishment Regulations" at
http://www.health.state.ok.us/program/cpd/256.pdf and you can search the
Health Department website for more information on proper food handling at
http://www.health.state.ok.us/ .


Bear

> This brings up a question I've had for some time. Would 
> someone running a tavern 
> be required to have a food handler's permit (or the local 
> equivalent thereof)? 
> 
> It's been a very long time since I sat through a class for an 
> OK county permit, but I 
> seem to recall it being a requirement (in OK county) that any 
> "commercial" interest 
> prepping or serving food (at the time this included special 
> events food carts) was 
> required to have at least one permit holder on staff.
> 
> I've contacted OK, Logan, and Payne county offices about 
> this, with varying 
> responses even within the same office. Has anyone dealt with 
> this issue previously?
> 
> A curious potential barista,
> 
> Ld. Ivarr Brokksson