[Added 12-1-1959 by Res. No. 282-1959]
The following definitions shall apply in the interpretation and the enforcement of this article:
EMPLOYEE
Any person who handles food during preparation or service or who handles eating, drinking or cooking utensils during cleansing, bactericidal treatment, storage or service.
FOOD
That which is eaten or drunk by man and which furnishes nourishment.
MILK DISPENSER
A mechanical device for dispensing milk by gravity or pump from a refrigerated bulk container into a receptacle in portions intended for consumption by one person.
PERSON
A natural person, partnership, firm, corporation or association.
SERVICE FOOD ESTABLISHMENT
Any place in which food is prepared for public service, including all eating and drinking establishments, whether fixed or mobile, temporary or permanent, except common carriers in interstate service.
UNWHOLESOME
In a decayed, diseased, contaminated, infected or any other state which is presumably deleterious to health.
UTENSIL
Kitchenware, tableware, glassware, cutlery, containers or other equipment with which food comes in contact during storage, preparation, cooking or serving.
A. 
It shall be unlawful for any person who does not possess an unrevoked permit from the Director to operate a service food establishment. Only persons who comply with the requirements of this article shall be entitled to receive and retain such permit. Applications for new installations shall be made at least 10 days before the first day of operation as a service food establishment on a form prescribed by the Director. A permit shall not be transferable. The Director may specify a date of expiration of the permit, and if no date is specified, the permit shall continue in effect until suspended or revoked.
B. 
A permit may be suspended by the Director upon the violation by the holder of any of the terms of this article when, in his opinion, public health is in peril or may be revoked by the Director for serious or repeated violations after an opportunity for a hearing.
Samples of food, drink and other substances may be taken and examined by the Director or his authorized representative as often as may be necessary for the detection of unwholesomeness. The Director or his authorized representative may order such food, drink or other substances held pending the completion of such examinations. The Director may condemn and forbid the sale or cause to be removed or destroyed any food or drink which, in his opinion, is unwholesome. Food, drink or raw materials which have become unfit for human consumption shall be kept separate and apart from wholesome food, drink or raw materials. The presence of any food, drink or raw material in any part of the establishment shall be deemed prima facia evidence of intended use as human food.
A. 
The Director, before issuing a permit, shall cause an inspection to be made of the service food establishment and at least annually thereafter and shall cause additional inspections to be made as he deems necessary for the proper enforcement of this article.
B. 
One copy of the inspection report shall be given by the Director or his authorized representative to the manager or operator of the service food establishment, and the latest inspection report shall be kept on file and shall not be defaced or removed by any person except the Director or his authorized representative. The original of the inspection report shall be filed with the records of the Director.
C. 
The person operating the service food establishment shall, upon request of the Director or his authorized representative, permit access to all parts of the establishment and shall furnish copies on demand or permit copying of any or all records of food purchased.
Service food establishments shall comply with all of the following items of sanitation.
A. 
Floors. The floors of all rooms in which food is stored, prepared or served or in which utensils are washed or stored shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair. Floor coverings in such rooms shall be kept clean and in good repair.
B. 
Walls and ceilings. Walls and ceilings of all rooms in which food is stored, prepared or served or in which utensils are washed or stored shall be kept clean and in good repair.
C. 
Lighting. All rooms in which food is stored or prepared or in which utensils are washed or stored shall be lighted adequately.
D. 
Ventilation. All rooms in which food is stored or prepared or in which utensils are washed or stored shall be well ventilated.
E. 
Toilet facilities. Every service food establishment shall have adequate and conveniently located toilet facilities properly constructed and maintained for the management and employees, conforming with state laws and local ordinances. 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.
F. 
Water supply. Water supplies of service food establishments shall be derived from sources which are properly located, protected and operated. Water in adequate quantity under satisfactory pressure and at satisfactory temperature shall be provided in all rooms in which food is prepared or utensils washed. Only water of safe, sanitary quality shall be provided in such rooms. Drinking water shall be of safe, sanitary quality when served.
G. 
Hand-washing facilities. Adequate and convenient hand-washing facilities shall be available to management and employees, including hot and cold running water, soap and sanitary towels. A towel for common use shall not be permitted. No employee shall resume work after using the toilet without first washing hands.
H. 
Construction of utensils, equipment and fixtures. All multi-use utensils and equipment and all show and display cases or windows, counters, shelves, tables, refrigerators, sinks or other fixtures shall be of suitable material so constructed as to be easily cleaned and inspected and shall be kept in good repair. Utensils made of or plated with cadmium, lead or zinc or other poisonous materials shall not be used, except that solder containing less than 5% lead may be used for jointing. All equipment install on or after January 1, 1958, for use in the cleaning and bactericidal treatment of utensils used in the preparation, storing, handling or serving of food for consumers shall be of a type acceptable to the State Commissioner of Health. Milk dispensers shall be of a make and model approved by the State Commissioner of Health.
I. 
Cleaning and bactericidal treatment of utensils, equipment and fixtures.
(1) 
Adequate facilities shall be provided for cleaning, rinsing and bactericidal treatment of all multi-use utensils and equipment. All utensils, equipment and fixtures, including show and display cases of windows, counters, shelves, tables, refrigerators, sinks and other equipment and fixtures with which food, drinks or utensils come in contact, shall be kept clean and free from flies and other insects, dust, dirt and other contaminating material. All cloths used by employees during the preparation and service of food shall be clean. Single-service containers shall be used only once. Empty milk bottles and cans shall be thoroughly rinsed before return.
(2) 
All multi-use eating, drinking and cooking utensils shall be so cleansed and bactericidally treated as to have a total bacterial count of not more than 100 per utensil surface examined as determined by a test and in a laboratory approved for the purpose by the State Commissioner of Health. Drying cloths and racks, if used, shall be clean and shall be used for no other purpose.
(3) 
No substance or article used solely for polishing which contains cyanide or other poisonous material shall be kept or used in any service food establishment.
J. 
Storage and handling of utensils and equipment. After bactericidal treatment, multi-use utensils shall be stored in a clean, dry place protected from flies and other insects, from dirt, dust and other contamination and shall be handled in such a manner as to prevent contamination. 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. Unwrapped soda straws, tubes or similar devices for drinking from containers shall be dispensed only from a dispenser approved by the State Commissioner of Health. Such dispensers shall be so located as to be easily accessible to users at the point of service. No person other than the ultimate user shall touch such unwrapped straws, tubes or devices, either before or after dispensing, except for disposal.
K. 
Disposal of wastes. Sewage and all liquid wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable covered receptacles. Garbage and trash receptacles shall be emptied at such intervals and in such manner so as not to create a nuisance.
L. 
Refrigeration. All readily perishable food and drink shall be cooled immediately after preparation and shall be kept at or below 50° F. except when being prepared or served. Refrigerators shall be equipped with accurate thermometers, located in the warmest zone.
M. 
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, cream, milk products, ice cream and other frozen desserts shall be from sources acceptable to the Director. Only pasteurized milk, cream and milk products shall be used. Milk, cream and milk products shall be served in or from the original containers in which they were received from the distributor or from a bulk container in a manner acceptable to the Director. All oysters, clams and mussels shall be from certified shippers and, if shucked, shall be kept until used in the containers in which they were placed at the shucking plant. Ice shall be from a source acceptable to the Director.
N. 
Storage, display, protection and serving of food.
(1) 
Readily perishable foods not refrigerated shall be mantained at not less than 140° F. prior to service. Food, drink and ice shall be so stored, displayed and served as to be protected from dust, dirt, flies, other insects and vermin and from depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. No animals or fowls shall be kept in or allowed in any room in which food is prepared or stored. All service food establishments shall be so constructed and equipped as to prevent the entrance of flies and other insects and vermin. Effective measures shall be used for elimination of flies and other insects and vermin.
(2) 
Insecticides, rodenticides or other substances containing poison shall not be stored, kept or used in refrigerators, on shelves or in other places where they may contaminate or be mistaken for foods or beverages. Detergents, sanitizers or any toxic substances shall not be stored in such a manner that they may contaminate or be mistaken for foods or beverages.
O. 
Cleanliness of employees.
(1) 
All employees shall wear suitable, clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not use tobacco in any form while serving or preparing food. Tobacco in any form shall not be used in any area in which food is prepared or utensils washed or stored.
(2) 
Spitting shall be prohibited in rooms in which food is prepared, stored or served or utensils washed or stored.
P. 
Miscellaneous. The premises of all service food establishments shall be kept clean and free of litter or rubbish. Empty refillable containers shall be stored in such a manner that they shall not attract flies or other insects. None of the operations connected with a service food establishment 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 this purpose.
No person who is affected with any disease communicable through food or who is a carrier of such disease or who has suppurating lesions on arms, hands or other exposed parts of the body or who is suffering from periods of vomiting or diarrhea shall work in any service food establishment. A service food establishment shall not employ any such person or any person suspected of being affected with any disease communicable through food or suspected of being a carrier of such disease or any person who refuses physical examination by the Director or his authorized representative. If the manager, supervisor or operator of a service food establishment suspects that an employee has contracted any disease communicable through food or has become a carrier of such disease, he shall notify the Director immediately.