KDHE Cites Facilities for Kansas Food Code Violations

The Kansas Department of Health and Environment (KDHE) has issued administrative orders assessing civil penalties, notices of intent to suspend facility licenses, and emergency suspension orders for several food service establishments for violations of the Kansas Food Code or for operating without a license. Letters were mailed on the days indicated to the following establishments:

Civil Penalty (fine):

• September 26 Ottawa Country Club, 1001 E. Logan, Ottawa
• September 21 Bomber Burger, 4860 S. Clifton, Wichita
• September 21 Club 4 Corners, 15745 S. Topeka Ave., Scranton
• September 21 Peking Palace, 1261 S. Rock Rd., Wichita
• September 21 The Famous Servateria, 1123 E. 1 st St., Pratt
• September 15 Brick Town, 111 N. Pine, Pittsburg
• September 15 Hoopingarner Concessions, 1009 S. Cypress Ave., Oklahoma
• September 11 Denny’s #7574, 1032 S. Washington, Junction City
• September 11 KFC/A &W #24, 1201 Main, Parsons
• August 30 Dos Reales Authentic Mexican Restaurant, 6453 Quivira Road, Shawnee
• August 30 China Pavilion, 5348 SW 17 th St., Topeka
• August 30 Café Garozzo, 9950 College Blvd., Overland Park
• August 30 Steve’s Hickory Smoked BBQ, 128 Main, Halstead
• August 30 Talk of the Town, 11922 W. 119 th St., Overland Park
• August 30 Fred P. Otts, 6700 College Blvd., Overland Park
• August 30 Goose One, 3203 SW 10 th St., Topeka
• August 30 McDonald’s , 701 E. Hwy 24, Wamego
• August 30 Waid’s Restaurant, 6920 Mission Road, Prairie Village

Emergency Order of Temporary Suspension:

• August 30 Jade Palace, 511 S. West Street, Wichita

Notice of Intent to Suspend:

• September 22 Chic A Dee Café, 3036 SE 6 th St., Topeka

The department seeks to work constructively with licensed establishments to ensure compliance with the Kansas Food Code, which protects the public from the risk of foodborne illness. Whenever a food safety inspector identifies a violation, the inspector immediately notifies the person in charge and advises them on the proper way to make a correction. Violations are often corrected in this manner during the inspection. Where critical violations are not corrected with the inspector on-site, an unannounced follow-up inspection is conducted.

When an inspector documents the same Food Code violation(s) on consecutive visits to the same establishment, it is KDHE’s policy to issue fines. The fine for an individual violation can range up to $500 per violation for each day the violation is documented. All fines are subject to appeal as governed under the Kansas Administrative Procedures Act.

By statute, an establishment has 20 calendar days from t he date the order was mailed, plus three days for mailing to file for an appeal or to pay the fine.

KDHE’s purpose in issuing this advisory is to promote awareness of the Kansas Food Code requirements and state licensing requirements.

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