City of Roseville, MI
Macomb County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Roseville as indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
County and City Health Departments — See Ch. 5, Sec. 5.4.
GENERAL REFERENCES
Alcoholic beverages — See Ch. 71.
Fees — See Ch. 133.
Food products — See Ch. 151.
Ice cream vending vehicles — See Ch. 176.
Licensing — See Ch. 187.
[Adopted 2-28-1984 by Ord. No. 895 as Art. I of Ch. 240 of the 1984 Code]

§ 240-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
EMPLOYEE
Any person who handles food or drink during preparation or serving or who comes in contact with any eating or cooking utensils or who is employed in a room in which food or drink is prepared or served.
ITINERANT RESTAURANT
One operating for a temporary period in connection with a fair, carnival, circus, public exhibition, lecture, amusement or other entertainment.
RESTAURANT
Includes coffee shops, cafeterias, short-order cafes, luncheonettes, taverns, sandwich stands, soda fountains, coffee houses (so-called), any place where beverages commonly known as "soft drinks" are sold and all other eating or drinking establishments and kitchens or other places in which food or drink is prepared for sale but is consumed elsewhere.
UTENSILS
Includes any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.

§ 240-2 License required.

No person shall operate, conduct or maintain a restaurant or an itinerant restaurant in the city without first procuring a license and paying the required fee.

§ 240-3 Application for license; fee.

Application for a license shall be made to the Roseville Police Department in the form and manner prescribed by such Department.[1] The annual license fee shall be as provided for in Chapter 133, Fees.
[1]
Editor's Note: See Ch. 187, Licensing.

§ 240-4 Inspection and approval by Health Officer and Fire Inspector.

No such license shall be granted by the Police Department unless the application is approved in writing upon the face thereof by the Health Officer and the Fire Inspector after these officers have inspected and investigated the premises where the proposed business is to be operated, conducted or maintained.

§ 240-5 Sanitary requirements.

All restaurants shall comply with the following sanitary requirements:
A. 
Floors. The floors of all rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair.
B. 
Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of any room in which food or drink is stored or prepared shall be finished in a light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
C. 
Doors and windows. Where flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
D. 
Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted.
E. 
Ventilation. All rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be well ventilated.
F. 
Toilet facilities. Each restaurant shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the laws and regulations of the state. In restaurants hereafter constructed, toilet rooms shall not open directly into any room in which food, drink or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair and well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees. In case privies or earth closets are permitted and used, they shall be separate from the restaurant building and shall be of a sanitary type constructed and operated in conformity with the standards of the State Board of Health.
G. 
Water supply. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality.
H. 
Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap and sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his or her hands.
I. 
Construction of utensils and equipment. All multiuse utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used, provided that solder containing lead may be used for jointing.
J. 
Cleaning and bactericidal treatment of utensils and equipment.
(1) 
All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects and other contaminating material. All clothes used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once.
(2) 
All multiuse eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multiuse utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose.
(3) 
No article, polish or other substance containing any cyanide preparation or other poisonous substance shall be used for the cleaning or polishing of utensils.
K. 
Storage and handling of utensils and equipment. After bactericidal treatment, utensils shall be stored in a clean, dry place protected from flies, dust and other contamination and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner.
L. 
Disposal of wastes. All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to constitute a nuisance.[1]
[1]
Editor's Note: See also Ch. 285, Solid Waste, Art. II, Commercial Refuse Containers.
M. 
Refrigeration. All readily perishable food and drink shall be kept at or below 50° F. except when being prepared or served. Wastewater from refrigeration equipment shall be properly disposed of.
N. 
Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream and frozen deserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device, provided that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams and mussels shall be from approved sources and, if shucked, shall be kept until used in the containers in which they were placed at the shucking plant.
O. 
Storage, display and serving of food and drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. No animal or fowl shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches and rodents shall be used.
P. 
Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared.
Q. 
Linens, lockers, premises, etc. The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for such purpose.

§ 240-6 Examination of food and drink by Health Officer.

Samples of food, drink and other substances may be taken and examined by the Health Officer as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated.

§ 240-7 Periodic inspections.

At least once every six months, the Health Officer shall inspect every restaurant located in the city. The person operating the restaurant shall, upon request of the Health Officer, permit access to all parts of the establishment and shall permit copying any or all records of food purchased.

§ 240-8 Employment of persons with communicable diseases.

No person, while affected with any disease in a communicable form or while a carrier of such disease or while afflicted with boils, infected wounds, sores or an acute respiratory infection, shall work in any area of a food-service establishment in any capacity in which there is a likelihood of such person contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other individuals; and no person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he or she shall notify the Health Officer immediately.

§ 240-9 Suspected disease transmission from employee.

When the Health Officer has reasonable cause to suspect possibility of disease transmission from any food service establishment employee, the Health Officer shall secure a morbidity history of the suspected employee or shall make such other investigation as may be indicated and shall take appropriate action. The Health Officer may require any or all of the following measures:
A. 
The immediate exclusion of the employee from all food service establishments.
B. 
The immediate closure of the food service establishment concerned until, in the opinion of the Health Officer, no further danger of disease outbreak exists.
C. 
Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease.
D. 
Adequate medical and laboratory examinations of the employee, of other employees and of his, her and their body discharges.

§ 240-10 Suspension of license; revocation; reinstatement.

After any inspection of the licensed premises as herein provided, the Health Officer shall suspend any license if it is found that any of the provisions of this article have not been complied with or have been violated. Written notice of such suspension and the reason therefor shall be delivered to the licensee, either in person or by mail addressed to the licensee at the licensed premises. Any suspended license shall be revoked at the expiration of 10 days unless the licensee shall file with the Health Officer an application for reinstatement of the license. Upon the filing of such application, the Health Officer shall make another inspection; and if it is found that the condition causing the suspension of the license has been cured or rectified, the license shall be reinstated.

§ 240-11 Violations and penalties. [1]

Any person found guilty of violating any of the provisions of this article shall be punished as provided in Chapter 1, General Provisions, Article I.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Adopted 2-28-1984 by Ord. No. 895 as Art. II of Ch. 240 of the 1984 Code]

§ 240-12 License required.

No person shall operate a fast-service or drive-in restaurant without first obtaining a license to do so. The procedure for obtaining such license and the fee to be paid therefor shall be governed by Chapter 187, Licensing, and Chapter 133, Fees, and such license shall not be unreasonably withheld.

§ 240-13 Definitions.

As used in this article, the following terms shall have the meanings indicated:
FAST-SERVICE OR DRIVE-IN RESTAURANT
Any premises where food and/or beverage of any kind is offered for sale and/or served to the public and where such food and/or beverage is served to customers directly over a counter and/or exterior or interior convenience window or other opening, or both, for consumption by customers within the premises and/or in or around vehicles parked on or passing through the restaurant premises.

§ 240-14 Employee regulations.

A. 
No fast-service or drive-in restaurant shall employ or permit any person on the premises who may be engaged in the handling of food and/or beverage who shall not have complied with all of the applicable laws and regulations governing persons handling, selling or serving food and/or beverage.
B. 
The person physically in charge of the premises shall be responsible for seeing that all of the applicable ordinances governing the handling, selling and serving of food and/or beverage are complied with.

§ 240-15 Parking area; lighting.

A. 
All fast-service and drive-in restaurants shall have adequate parking area as defined in the City of Roseville Zoning Ordinance, Section 2005, to accommodate the customers of such restaurant. Such parking areas shall be surfaced as required by the City of Roseville Zoning Ordinance, Section 2006,[1] and shall have one or more entrances and exits, suitably designated as such, from the adjoining street or streets. Such parking area shall be enclosed by a suitable fence or wall on the sides and rear; provided, however, that the City Council may, for good cause shown, waive this requirement if such side and/or rear abuts business or industrial property. The plan for the parking area shall be approved by the Building Department of the city prior to the issuance of a license.[2]
[1]
Editor's Note: See Ch. 370, Zoning.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
While a fast-service or drive-in restaurant is open for business, all parking areas shall be lighted during the normal hours of darkness. Such lighting shall be installed and arranged so as to provide a minimum of 0.25 lumen per square foot of parking area as provided in the Building Code[3] and shall reflect away from any adjoining property as provided in the Zoning Ordinance.[4]
[3]
Editor's Note: See Ch. 88, Building Construction.
[4]
Editor's Note: See Ch. 370, Zoning.

§ 240-16 Premises to be kept free of debris.

A. 
It shall be the duty of the fast-service or drive-in restaurant, or any person in charge of said restaurant, to keep the restaurant premises, parking area and contiguous property free from all rubbish, waste products and debris, including napkins, straws, paper cups and plates and other waste material, at all times; provided, however, that no private property shall be entered without consent of the owner or the owner's agent.
B. 
In addition to the other penalties provided in this article, the proprietor of any fast-service or drive-in restaurant may be charged with the cost of cleaning up or removing debris found on the premises and on the public highway or highways adjacent to said premises. The City Manager, the Health Officer, the Chief Inspector or any other enforcement officer shall have the right, if he or she sees debris on the premises occupied by the fast-service or drive-in restaurant and the highways adjacent thereto, to cause the same to be cleaned up and removed from the premises and shall certify the costs of cleaning up and removal to the City Manager.[1]
[1]
Editor's Note: See also Ch. 285, Solid Waste, Art. II, Commercial Refuse Containers.

§ 240-17 Noise and alcohol around premises.

A. 
No owner or operator of any fast-service or drive-in restaurant shall operate or permit any loudspeakers or shall make or permit to be made any other loud sound or shall permit any show or exhibit on the premises occupied by such fast-service or drive-in restaurant; provided, however, that the owner or operator of such restaurant may use an intercom address system solely for the purpose of taking orders from customers on the premises. No public address, loudspeaker or other sound produced on the premises shall exceed the limits and standards set forth in this Code relating to sound and noise levels and its measurement and monitoring. It shall be a violation of this section for any customer or other person on the premises to produce any prohibited sound.[1]
[1]
Editor's Note: See also Ch. 203, Nuisances.
B. 
No owner or operator of any drive-in restaurant or any customer of a fast-service or drive-in restaurant while parking on or adjacent to the premises thereof or any other person while on the premises of such restaurant shall race the motor of any car or suddenly start or stop any car or make or cause to be made any other unlawful sound. It shall also be unlawful for any customer of a fast-service or drive-in restaurant or any other person on the premises of such restaurant to blow or cause to be blown any automobile horn or motorcycle horn at any time while so parked.
C. 
No customer of a fast-service or drive-in restaurant or any person on the premises of a drive-in restaurant, whether in or out of the automobile, shall drink any wine, beer or intoxicating liquor; provided, however, that this provision shall not apply to any person when served inside the building by a fast-service or drive-in restaurant duly licensed to serve such beverages.[2]
[2]
Editor's Note: See also Ch. 71, Alcoholic Beverages.

§ 240-18 Toilet facilities for customers and employees.

Every fast-service or drive-in restaurant shall be provided with conveniently located toilet facilities for customers and employees, which comply with laws and regulations of the state and the Plumbing Code of the city.[1] Such toilet facilities shall have an inside entrance.
[1]
Editor's Note: See Ch. 221, Plumbing Standards.

§ 240-19 Hours of operation for automobile service.

No food or beverage shall be served to any person seated in or upon any automobile between the hours of 3:00 a.m. and 7:00 a.m., local time.

§ 240-20 Policing of premises.

It shall be unlawful for any fast-service or drive-in restaurant to operate between May 1 and October 31, of any calendar year, after 7:00 p.m. until its regular closing time or 3:00 a.m., whichever occurs first, without adequate private or special police employed at its own cost to patrol the premises for the maintenance of order, preservation of the peace and suppression of sound and to ensure compliance with all applicable provisions of city ordinances. Adequate policing shall be defined as one guard for each 40 parking places on the premises. If the fast-service or drive-in restaurant has more than 40 parking places but less than 80, two guards will be required.

§ 240-21 Violations and penalties. [1]

Any person found guilty of violating any of the provisions of this article shall be punished as provided in Chapter 1, General Provisions, Article I.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).