The following definitions shall apply in the interpretation and enforcement
of this chapter:
EMPLOYEE
Any person who handles food or drink during preparation or serving,
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.
HEALTH OFFICER
The Health Officer of the municipality or his authorized representative.
PERSON
An individual, firm, corporation, partnership or association.
RESTAURANT
Restaurant, coffee shop, cafeteria, short-order cafe, diner, luncheonette,
tavern, sandwich stand, soda fountain and all other eating or drinking establishments
where food is sold, as well as kitchens or other places in which food or drink
is prepared for sale 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.
Samples of food, drink or 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
adultered.
At least every twelve (12) months the Health Officer shall inspect every
restaurant licensed by the municipality. In case the Health Officer discovers
the violation of any item of sanitation, he shall make second inspection after
a lapse of such time as he deems necessary for the defect to be remedied,
and the second inspection shall be used in determining compliance with the
requirements of this chapter. Any violation of the same item of this chapter
on such second inspection shall call for immediate suspension of license.
All restaurants shall comply with the following items of sanitation:
A. Floors. The floors of all rooms in which food or drink
is stored or prepared 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. The floors of all rooms in which food is served 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 rooms in which
food or drink is stored or prepared shall be finished in a material of light
color which will not conceal the presence of dirt. 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. When files 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 are 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. Employees' toilet and lavatory facilities. Every
restaurant shall be provided with adequate and conveniently located toilet
facilities for its employees. 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 well-ventilated. Adequate handwashing facilities in or adjacent to the
toilet rooms shall also be provided, including hot and cold running water,
soap and approved sanitary towels. The use of a common towel is prohibited.
No employee shall resume work after using the toilet room without first washing
his/her hands.
G. Water. 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. Cleaning and bacterial 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 in good repair. All cloths used by waiters, chefs and other employees
shall be clean. Single-service containers shall be used only once.
(2) All multi-use eating and drinking utensils shall be thoroughly
cleaned and effectively subjected to an approved bactericidal process after
each usage. All multi-use utensils used in 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, excepting
utensils which will be subjected to intense heat during further usage. Drying
cloths may be used only in the drying of cooking utensils. Such cloths, if
used, shall be clean and used for no other purpose.
(3) No article, polish or other substance containing any
cyanide preparation of other poisonous material shall be used for the cleaning
or polishing of utensils.
I. Storage and handling of utensils and equipment. 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.
J. Disposal of wastes. All wastes shall be properly disposed
of, and all garbage and trash shall be kept in a suitable receptacle in such
a manner as not to become a nuisance. All garbage receptacles shall be covered
at all times.
K. Refrigeration. All readily perishable food and drink
shall be clean, wholesome, free from spoilage and so prepared so to be safe
for human consumption.
L. 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 animals or
fowl shall be kept or allowed in any room in which food or drink is prepared,
stored or consumed. All means necessary for the elimination of flies, roaches
and rodents shall be used.
M. 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 who handle food
shall wear hairnets or some other acceptable hair restraint. Employees shall
not expectorate or use tobacco in any form in the area in which food is prepared.
N. Miscellaneous rules. The premises of all restaurants
shall be kept clean and free of litter and 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 this purpose.
No person who is infected with any disease in a communicable form or
who is a carrier of any disease shall work in any restaurant, and no restaurant
shall knowingly employ any such person suspected of being infected with any
disease in a communicable form or of being of such disease.
[Amended 7-6-1994 by Ord. No. 1994-1]
A. The proprietors of all public eating and drinking places
in the municipality shall pay to the municipality annually a license fee for
the purpose of defraying the cost of inspections.
B. The annual license period shall be from January 1 to
December 31 of each calendar year. License fees shall be determined by the
following schedule, and shall be prorated for the calendar year, commencing
with the month in which said license shall be issued, as to those establishments
first commencing operations within said month. All other licenses shall be
issued on an annual basis. License fees shall be determined according to the
following schedule:
(1) Commencing immediately upon the effective date hereof,
an annual or renewal license-inspection fee of sixty dollars ($60.) shall
be required by the municipality before issuing any health license.
(2) Any person or establishment desiring to sell any type
of food or drink in the municipality at an establishment which is not permanent
shall be required to obtain a temporary food sales permit in the amount of
twenty-five dollars ($25.). This permit shall be for a period of time not
to exceed three (3) days.
The provisions of this chapter are hereby declared to be severable,
and if any section, sentence, clause or phrase of this chapter shall be held
to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses or phrases of this chapter,
but the same shall remain in full force and effect, it being the intent that
this chapter shall stand, notwithstanding the invalidity of any part thereof.