As used in this article, the following terms
shall have the meanings indicated:
Any person who handles food or drink during the preparation
or serving or 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. This shall include the proprietor or any member of the proprietor's
family who handles food and drink. The masculine shall be interpreted
to include the feminine and neuter pronoun.
The permission granted to a licensee to conduct a public
eating and drinking place.
A holder of a license.
The Board of Health of Prospect Park Borough.
Any person, partnership, association or corporation conducting
or operating a public eating or drinking place within the limits of
the Borough.
Restaurant; coffee shop or cafeteria; short order cafe; luncheonette;
tavern; sandwich stand; soda fountain; private club; hospital kitchen;
dining room or snack bar; industrial kitchen, dining room, cafeteria
or snack bar; school lunchroom or cafeteria; or any other place where
food, drinks or refreshments are served, sold or prepared and sold
or given away, to be consumed on or off the premises; provided, however,
that this definition shall not be interpreted to include boardinghouses
or private homes.
One operating for a temporary period in connection with a
fair, carnival, circus or public exhibition or other similar gathering
which does not last longer than two weeks.
[Amended 9-8-1970 by Ord. No. 878, approved 9-8-1970]
A.
It shall be unlawful for any person to operate a public
eating and drinking place in the Borough who does not possess a license
from the Board of Health of Prospect Park.
B.
Fees.
[Amended 2-14-1978 by Ord. No. 962, approved 2-14-1978; 12-14-1993 by Ord. No.
1147, approved 12-14-1993[1]]
(1)
The fee for such license for any place with a seating
capacity of 10 or fewer persons shall be as fixed and amended from
time to time by resolution of the Borough Council,[2] and for any place with a seating capacity in excess of
10 persons, the fee shall be as fixed and amended from time to time
by resolution of the Borough Council, both of which fees shall include
two inspections. Additional inspections in any place with a seating
capacity of 10 or fewer persons shall be a fee as fixed by resolution
of the Borough Council per reinspection, and in any place with a seating
capacity in excess of 10 persons, the fee shall be as fixed by resolution
of the Borough Council per reinspection.
[2]
Editor's Note: The fees resolution is on file
in the Borough Secretary's office.
(2)
The fee for temporary public eating and drinking places
shall be as fixed and amended from time to time by resolution of the
Borough Council.
[1]
Editor's Note: This ordinance also provided
that the original fees shall remain in full force and effect until
the Borough Council enacts changes by resolution.
C.
Licenses shall be granted for a period of one year
(February 1 to January 31) or portion thereof, except licenses for
temporary public eating and drinking places.
D.
Such license shall be displayed at all times in the
place thereby licensed and shall not be transferable.
E.
Application for renewal shall be made at least 10
days before expiration of the existing license.
F.
Licenses may be revoked or suspended for violations
of these rules and regulations by the holder thereof. No license shall
be revoked or suspended without the licensee's being given a hearing
before the Board of Health.
A.
No proprietor shall hereafter keep in his employ any
employee known to be afflicted with disease in a communicable form.
No proprietor or manager of any establishment covered in this chapter
shall employ or continue to employ any person as a food handler if
such proprietor or manager has a valid reason to suspect such person
is afflicted with disease in a communicable form.
B.
The Health Officer shall have full power and authority
at any time to require such examinations and tests as may be necessary
to determine whether any food handler has a disease in a communicable
form or is a carrier of a communicable disease. It shall be the duty
of all food handlers to submit to such examinations at the request
of the Health Officer, and any food handler who shall refuse to submit
to such examination shall not be employed or continued as a food handler
in any public eating and drinking place in the Borough.
C.
Disease control. No person who is affected with any
disease in a communicable form or is a carrier of such disease shall
work in a public eating or drinking place, and the proprietor of such
place shall not employ any such person or persons suspected of being
affected with any disease in a communicable form or being a carrier
of such disease. If the proprietor suspects any employee has contracted
any such disease in a communicable form or has become a carrier of
such disease, he shall notify the Borough Health Officer immediately.
D.
Procedure when infection is suspected. Where there
is reasonable ground for the Health Officer to suspect there is transmission
of infectious disease from any employee of a public eating or drinking
place to the public, the Health Officer is authorized to require the
proprietor of the said eating or drinking place to forthwith carry
out any of the following measures:
(1)
The immediate exclusion of the employee from the said
public eating and drinking place.
(2)
The immediate closing of the public eating or drinking
place until the danger of disease outbreak ceases to exist.
(3)
Adequate medical examinations of the employee and
of his associates, including appropriate laboratory examinations.
A.
Unless otherwise specifically exempted from the requirements
of this section, no person shall undertake to remodel or alter any
existing building or portion thereof which is being used or is proposed
for use as a public eating and drinking place, or shall undertake
to construct a new building which is to be used in whole or in part
as a public eating and drinking place, without first having submitted
plans thereof in duplicate to the Health Officer for approval.
B.
Such plans shall be accompanied by data completely
describing the public eating and drinking place or the addition or
alteration proposed. If approved, one set of plans bearing such approval
in writing shall be returned to the applicant. If not approved, the
manner in which such plans do not meet the requirements of these rules
and regulations shall be marked on both sets of plans and one set
of plans will be returned to the applicant.
C.
The Health Officer shall be guided by the provisions
of these rules and regulations affecting such construction, the proposed
methods of receiving and distributing perishable food or drink and
any applicable laws relating to the handling or processing of food
or drink.
A.
Floors. The floors of all rooms in which food or drink
is prepared or stored 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. In the case of all new establishments,
the floors of all rooms in which food or drink is prepared or stored
or in which utensils are washed shall be constructed of material impervious
to water and shall be provided with a sanitary base and with adequate
and sufficient drains to permit cleaning. The use of linoleum or similar
floor coverings is prohibited in kitchens and food preparation rooms.
B.
Walls and ceilings. Walls and ceilings of all rooms
in which food or drink is prepared, served or stored or in which utensils
are washed or stored shall be kept clean and in a sanitary condition.
The walls of all such rooms shall have a smooth, washable surface
and shall be finished in a light color. No paper or oilcloth coverings
are permitted on walls of kitchens and food preparation rooms. In
the case of all new establishments, all rooms in which food or drink
is prepared or served or in which utensils are washed shall have a
clear ceiling height of not less than seven feet.
C.
Construction of kitchens. The rooms in which food
is prepared shall be of adequate size and construction to permit easy
cleaning and the unhampered performance of all kitchen operations.
D.
Construction and location of utensils and equipment.
All eating and cooking utensils and all showcases and display cases
or windows, counters, shelves, tables, booths and refrigerating and
other equipment shall be of a sanitary design and construction and
so located as to be easily cleaned and shall be kept clean and in
a sanitary condition. In new establishments or in establishments where
new installations of equipment are made, all equipment used for the
preparation, storing, handling or serving of food or drink shall be
equivalent to or in excess of that specified in the National Sanitation
Foundation Standards. Such equipment shall be spaced away from walls
and corners so as to permit access for cleaning. Thirty inches of
working space shall be required between all units of new equipment
unless such equipment is movable. A minimum of 30 inches of working
space shall be provided between counters, backbars and worktables
wherever located. No cooking unit of any kind shall be permitted to
be placed or located in any bay window. All new installations of equipment
shall be elevated at least six inches from the floor on pear-shaped
legs or be sealed tight to the floor with a three-inch cove base or
stainless steel removable kickplates. Where equipment with closed
bottom without air spaces is set on a masonry base, the top of the
base shall be waterproofed with mastic. Plates, cups, saucers, dishes,
crockery or chinaware which are cracked, chipped or broken shall not
be used to contain food or drink. In the case of all new construction,
shelves shall be constructed at least two inches from the wall unless
tightly stripped to eliminate cracks.
E.
Doors and windows. When flies are prevalent, all openings
into the outer air shall be effectively screened (April 1 to December
1) with not less than No. 16 mesh wire. Doors shall be self-closing,
unless other effective means are provided to prevent the entrance
of flies. All screen doors shall open outward.
F.
Lighting. All rooms in which food or drink is prepared
or in which utensils are washed shall be well lighted with adequate
natural or artificial lighting sufficient to produce an intensity
of not less than 15 footcandles at 30 inches from the floor. In rooms
where food is stored, lighting shall be provided sufficient to produce
an intensity of not less than five footcandles at 30 inches from the
floor.
G.
Ventilation. All rooms in which food or drink is prepared
or served or in which utensils are washed shall be well ventilated.
There shall be openings to the outer air at least equal to 5% of the
floor area. In the case of artificial ventilation where food is prepared,
such facilities must provide at least eight air changes per hour and
in no case shall recirculation of air be permitted. All rooms in which
food or drink is served shall be provided with at least five air changes
per hour and not more than 50% of recirculation shall be permitted.
All cooking units shall be hooded and vented to the outside air by
forced draft; provided, however, that the latter requirement shall
not apply to a simple bread toaster nor to a coffee urn. When cooking
units are vented to the outside air, the vents shall be carried above
the highest window of the subject establishment or adjacent buildings.
A.
In all new establishments or establishments where
alterations are made, separate toilet facilities shall be provided
for each sex.
B.
Toilet rooms shall not open directly into any room
in which food or drink is prepared or handled. An intervening vestibule
of at least three by three feet shall be provided. The doors of all
toilet rooms and vestibules shall be self-closing.
C.
Toilet rooms shall be kept clean, in good repair,
well lighted and properly ventilated by exterior windows or mechanical
means. The walls and ceilings shall be of a smooth, washable surface
and shall be finished in a light color. Toilet rooms shall have receptacles
for waste material and such receptacles in toilet rooms for women
shall be covered.
D.
Handwashing facilities with running hot and cold water,
sanitary towels and soap shall be in or adjacent to the toilet room.
The use of the common towel is prohibited. Handwashing signs shall
be posted in each toilet room used by food handlers. No food handler
shall return to work after using the toilet without first washing
his hands.
E.
In all new establishments or establishments where
alterations are made, the floors of the toilet rooms shall be constructed
of a material and joints impervious to water and shall be provided
with a sanitary base.
All kitchens, stands and counters where food
is prepared shall be equipped with or have adjacent thereto separate
handwashing facilities for the washing and cleansing of the hands,
equipped with running hot and cold water, soap and sanitary towels.
Running hot and cold water under pressure of
not less than 15 pounds per square inch shall be easily accessible
to all rooms in which food is prepared or utensils are washed and
shall be adequate and of a safe, sanitary quality.
A.
In all public eating and drinking places where dishwashing
is done by other than mechanical means, no less than three-compartment
sinks shall be provided and equipped with running hot and cold water.
(1)
Wash (water 110° to 130° F.).
(2)
Rinse (warm water).
(3)
Sanitize (water 180° F. for two minutes).
|
OR
| ||
|
(1)
|
Wash (water 110° to 130° F.).
| |
|
(2)
|
Rinse (warm water).
| |
|
(3)
|
Sanitize with a chemical, such as:
| |
(a)
Hypochlorite compounds or chlorine-containing
compounds of equal efficiency at a minimum concentration of 100 parts
per million for at least one minute.
(b)
Quaternary ammonium compounds at a minimum concentration
of 200 parts per million for at least 30 seconds.
(c)
Iodoform compounds at a minimum concentration
of 12.5 parts per million for at least one minute.
B.
There shall be a drainboard of a material impervious
to moisture affixed to each end of the unit. In new establishments
or establishments where alterations are made, each compartment of
the sink shall be of a size not less than 16 inches square by 14 inches
deep. Each compartment for sinks in soda fountains and bars shall
be no less than 12 inches square by 10 inches deep. Mechanical dishwashing
machines shall be equipped to provide a minimum water temperature
of at least 180° F. All mechanical dishwashers shall be equipped
with two thermometers for indicating the wash and sterilizing temperatures.
Prerinse or presoak facilities shall be provided for either mechanical
or manual dishwashing. Manual dishwashing facilities shall have thermometers
accurate to 3° F. convenient to the dishwashing facility.
A.
Cleaning and bactericidal treatment. All equipment,
including display cases or windows, counters, shelves, tables, refrigerators,
stoves, hoods or sinks, shall be kept clean and free from dust, dirt,
insects and other sources of contamination. All clothes used by waiters,
chefs and other employees shall be kept clean. All eating and drinking
utensils, except single-service utensils, shall be cleaned thoroughly
and subjected to an approved bactericidal process after each use and
at the time of service to the public be thoroughly clean and sterilized.
All multiuse containers and utensils used in the preparation, cooking
and serving of food and drink shall be thoroughly cleansed and subjected
to an approved bactericidal process immediately following the day's
operation. Towel drying is not permitted.
B.
Storage and handling. After cleansing and sterilizing,
all utensils and equipment must be stored above the level of the floor
in a clean, dry place, protected from flies, dust or other contamination,
and no utensils shall be handled except 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. Kitchens shall
be used only for cooking and the storage of food products and kitchen,
cooking or eating utensils and equipment in use.
All liquid waste resulting from the cleansing
and rinsing of utensils and floors and from flush toilets and lavatories
must be disposed of in a public sewer or, in the absence of a public
sewer, by methods approved by provisions of the Prospect Park Borough
Plumbing Code.[1] All garbage must be stored in nonleaking metal containers
with tight-fitting lids or in an approved garbage storage room and
all other waste materials must be kept free of garbage and stored
in nonleaking metal containers with tight-fitting lids or in an approved
waste material storage room and be covered at all times. Garbage and
other waste materials must be removed from the premises as often as
necessary to prevent a nuisance and disposed of in a manner to be
approved by the Board of Health. All garbage and waste material receptacles
must be washed when emptied and be treated with a disinfectant if
necessary to prevent a nuisance.[2] Adequate can-washing facilities shall be provided.
All readily perishable food or drink shall be
kept at temperatures lower than 40° F., except when being prepared
or served. All refrigerators must be equipped with an indicating thermometer
and maintained in a clean and sanitary condition. Wastewater from
refrigeration equipment shall be disposed of in accordance with Prospect
Park Borough Plumbing Code.[1]
A.
All food and drink shall be wholesome and free from
spoilage.
B.
All milk, ice cream and other frozen dairy products
shall be from sources approved by the Board of Health. Milk must be
served in or from the half-pint container in which it was received
from the distributor or by other methods approved by the Board. This
requirement shall not apply to cream, which may be served from the
original bottle or from a dispenser approved by the Board. In the
case of milk drinks, the milk used shall include the entire contents
of the original container.
C.
No part or parts of any food previously served to
a customer can again be served in any form to other customers. This
requirement includes the remaining portions of crackers, cream, bread,
slaw, unused salads, butter, jellies and all other foods which are
not served in tightly covered dispensers, and any parts of other foods
that have been served as a part of a meal and with which there has
been possible human contact.
D.
No cream puffs, eclairs, napoleons, cream pies, cream-filled
layer cakes and similar products containing custard or whipped cream
shall be sold or stored unless kept in a storage compartment the maximum
temperature of which is not greater than 40° F.
E.
All oysters, clams and mussels shall be from approved
sources. The shells of shellfish used for service cannot be reused.
A.
All food and drink shall be stored, handled, cooked, processed, prepared, displayed or dispensed as provided under § 93-48A hereof.
B.
Sugar served in all public eating and drinking places
shall be dispensed from containers which provide protection against
dirt, dust, other contamination and human handling at all times, except
in the case of lump or packaged sugar, which is individually wrapped.
C.
Unwrapped or otherwise unprotected displayed food
which is subject to contamination through public handling, coughing
or sneezing shall be protected by means of glass or similar partitions
or through other approved means.
All food handlers shall wear clean garments
and shall keep their hands and fingernails clean at all times when
engaged in the handling of food, drink, utensils or equipment. All
female employees shall wear hairnets. All male employees shall wear
caps while engaged in the preparation of food. All food handlers who
in any manner come in contact with or handle food shall thoroughly
wash their hands with soap and water before beginning work. No employee
shall use tobacco in any form while engaged in the handling of food
or drink.
All persons engaged in the operation of any
public eating and drinking place shall be required to take all necessary
precautions to keep the premises free of rats and vermin. In the case
of rat or vermin infestation, operators shall report such infestation
to the Board of Health for the purpose of procuring proper advice
and instructions in order to eliminate the nuisance. In the case of
all new establishments, all rooms in which food and drink are prepared,
stored or served shall be of a ratproof construction.
A.
The premises of all public eating and drinking places
shall be kept clean and free of litter or rubbish.
B.
No sleeping facilities or domestic activities shall
be permitted in any room which is part of or which opens into any
room where food is prepared, stored or served or in which utensils
are washed or stored.
C.
Adequate lockers or dressing rooms shall be provided
for clothing of employees and shall be kept clean.
D.
Soiled linens, coats and aprons shall be kept in vermin
proof containers provided for this purpose.
E.
No public eating and drinking place shall be located
in any cellar, basement or other place below the natural surface of
the ground except with the written permission of the Board of Health.
F.
Bulk ice cream cannot be dispensed unless running
water is provided next to the cabinet containing the ice cream. The
utensils used in dispensing bulk ice cream must be sterilized frequently,
washed by running water after each usage and kept dry when not in
use.
G.
No article, polish or other substance containing any
cyanide preparation or other poisonous materials shall be used for
the cleaning, disinfecting or polishing of utensils or containers
used in preparing or handling any food or drink.
H.
No substance containing cyanide, fluoride, lindane
or other poison shall be kept or used as an insecticide or exterminator
in any place where food or drink is exposed during sale, preparation,
holding or handling or in such manner as to contaminate such food
or drink.
I.
No person shall bring or permit to be brought into
the dining room, kitchen or storeroom of any public eating or drinking
place any dog, cat or other animal. This subsection does not apply
to a blind person led by a trained dog into dining areas.
Any official representative of the Board of
Health in the performance of any duty imposed by this chapter shall
have full access to any place, container or conveyance used in the
production, preparation, manufacture, packing, storage, transportation,
handling, distribution or sale of any food. He shall be entitled to
make an examination, open any package or container and take therefrom
a sample for analysis of any food manufactured, sold, exposed for
sale or found to be in possession of the proprietor in violation of
any provisions of these rules and regulations.
A.
Every person who shall distribute or sell, offer for
distribution or sale or have in his possession any food shall, upon
request and tender of the value by an official representative of the
Board of Health, deliver as much thereof to such representative as
may be requested as a sample. If such request is not immediately complied
with, this Board or its official representative may demand and take
as much of the food as it may think necessary, tendering to the person
in charge when it deems to be its reasonable value.
B.
At no time shall a proprietor have in his possession
either for sale or not for sale food which is unfit and is likely
to cause illness or transmit disease. When in the opinion of this
Board or its official representative such food exists, it shall be
ordered denatured, removed and disposed of. It shall be the duty of
the owner or person in charge of such substance to remove immediately
and dispose of it at his own expense according to the direction of
this Board. In case the owner or person in charge shall fail to remove
immediately and dispose of such substance as ordered, the same shall
be caused to be denatured, removed and disposed of by this Board at
the expense of the owner or person in charge.
Whenever the proprietor of a public eating and
drinking place shall fail to keep his public eating and drinking place
in a sanitary condition or whenever food or drink or the sale of the
same is likely to cause or transmit disease, the Board of Health,
upon proper notification, shall order closed such public eating and
drinking place until it shall have been put in a sanitary condition
or until the food or drink or the sale of the same shall be no longer
likely to cause any illness or transmit disease. The proprietor of
the public eating and drinking place, when so ordered, shall immediately
comply with and obey such order and shall not conduct further operations
until permission has been granted by the Board.
