[HISTORY: Adopted by the Mayor and Council of the City of
Washington as indicated in article histories. Amendments noted where
applicable.]
[Adopted 5-13-1982 by Ord. No. 1294 (Ch. 13, Part 5, of the
1986 Code of Ordinances)]
[Amended 5-24-1984 by Ord. No. 1332]
The following definitions shall apply in the interpretation
and enforcement of this article:
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.
Includes all articles used for food, drink, confectionery
or condiment, whether simple, mixed or compound, and all substances
or ingredients used in the preparation thereof.
The Director of the Department of Public Health of the City
of Washington or his authorized representative.
One operating for a temporary period in connection with a
fair, carnival, circus, public exhibition, or other similar gathering.
Includes any person, firm, partnership, corporation or association.
Includes restaurants, coffee shop, cafeteria, delicatessen,
caterer, tavern, sandwich stand, drugstore, soda fountain, temporary
or itinerant stand and other eating or drinking establishments, as
well as kitchens or other places in which food or drink is prepared
for sale or to be given to the public.
Includes any kitchenware, tableware, glassware, cutlery,
utensils, containers, or other equipment with which food or drink
comes in contact during storage, preparation or serving.
A.
It shall be unlawful for any person to operate a restaurant in the
City of Washington who does not possess an unrevoked permit from the
Health Officer. Such permit shall be posted in a conspicuous place.
Only persons who comply with the requirements of this article shall
be entitled to receive and retain such a permit. A person conducting
an itinerant restaurant shall also be required to secure a permit.
B.
Such a permit may be temporarily suspended by the Health Officer
upon the violation by the holder of any of the terms of this article
or revoked after an opportunity for a hearing by the Health Officer
upon serious or repeated violation.
[Amended 5-24-1984 by Ord. No. 1332; 4-24-1986 by Ord. No. 1356]
A.
Every applicant for a permit to operate a restaurant or itinerant
restaurant shall pay to the Treasurer a permit fee of $1 and inspection
fees for each such establishment in accordance with the following
schedule:
|
Inspection Fee
| |||
|---|---|---|---|
|
Takeout, snack bar, delicatessen, caterers where seating is
not provided for customers
|
$14
| ||
|
Applications made between 1/1 and 6/30
|
$14
| ||
|
Applications made between 7/1 and 12/30
|
$9
| ||
|
Establishments with a seating capacity of 30 or less
|
$24
| ||
|
Applications made between 1/1 and 6/30
|
$24
| ||
|
Applications made between 7/1 and 12/30
|
$19
| ||
|
Establishments with a seating capacity of over 30
|
$29
| ||
|
Applications made between 1/1 and 6/30
|
$29
| ||
|
Applications made between 7/1 and 12/30
|
$24
| ||
|
Itinerant restaurants
|
$4
| ||
B.
A license shall be issued without fee to nonprofit organizations,
schools or other establishments that make application on the basis
of need and are approved by the Health Officer.
Every restaurant shall display at all times in a place designated
by the Health Officer a notice by the Health Officer stating the grade
of the establishment.
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.
[Amended 12-17-1998 by Ord. No. 1607]
A.
Frequency. At least once every 12 months the Health Officer shall
inspect every restaurant located within the City of Washington.
B.
Posting. One copy of the inspection report shall be posted by the
Health Officer upon an inside wall of the restaurant, and said inspection
report shall not be defaced or removed by any person except the Health
Officer. Another copy of the inspection report shall be filed with
the records of the Health Department.
C.
Access to premises and records. 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.
The grading of all restaurants shall be based upon the following
standards:
A.
Grade A restaurants. Sanitation requirements for all Grade A restaurants
shall comply with all of the following items of sanitation:
(1)
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.
(2)
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
and 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.
(3)
Doors and windows. When 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.
(4)
Lighting. All rooms in which food or drink is stored or prepared,
or in which utensils are washed, shall be well lighted.
(5)
Ventilation. All rooms in which food or drink is stored, prepared
or served, or in which utensils are washed, shall be well ventilated.
(6)
Toilet facilities. Every restaurant shall be provided with adequate
and conveniently located toilet facilities for its employees, conforming
with the ordinances of the City of Washington. 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 clean condition, in good repair, and well lighted and ventilated.
(7)
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.
(8)
Lavatory facilities. Adequate and convenient hand-washing facilities
shall 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 hands.
(9)
Construction of utensils and equipment. All multi-use 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.
(10)
Cleaning and bactericidal treatment of utensils and equipment.
(a)
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 cloths used by waiters, chefs and other employees shall
be clean. Single-service containers shall be used only once.
(b)
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 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.
(c)
No article, polish or other substance containing any cyanide
preparation or other poisonous material shall be used for the cleansing
or polishing of utensils.
(11)
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 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.
(12)
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 become a nuisance.
(13)
Refrigeration. All readily perishable food and drink shall be
kept at or below 45° F., except when being prepared or served.
Wastewater from refrigeration equipment shall be properly disposed
of.
(14)
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
other frozen desserts 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. This
requirement does not apply to cream, which may be served from the
original bottle or from a dispenser approved for such service. All
shellfish 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. Oysters, clams or other shellfish, if served on the
shell, must be served in the original shell, but the use of crab shells
in any manner whatsoever in the preparation or serving of food is
prohibited.
(15)
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 fowls 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.
(16)
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.
(17)
Miscellaneous. 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 this purpose.
C.
Grade C restaurants. Grade C restaurants shall mean those which fail
to comply with either the Grade A or the Grade B requirements.
D.
Itinerant restaurants. Itinerant restaurants shall be constructed
and operated in an approved manner.
A.
Any restaurant, the grade of which has been lowered and all grade
displays have been changed accordingly or the permit of which has
been suspended, may at any time make application for regrading or
the reinstatement of the permit.
B.
Within one week after the receipt of a satisfactory application,
accompanied by a statement signed by the applicant to the effect that
the violated provision or provisions of this article have been remedied,
the Health Officer shall make a reinspection and thereafter as many
additional reinspections as he may deem necessary to assure himself
that the applicant is again complying with the higher grade requirements
and, in case the findings indicate compliance, shall award the higher
grade or reinstate the permit.[1]
A.
No person who is affected with any disease in a communicable form,
or a carrier of any disease, shall work in any restaurant, and no
restaurant shall employ any person suspected of being infected with
any disease in a communicable form or of being a carrier of such disease.
B.
When suspicion arises to the possibility of transmission of infection
from any employee, the licensor shall be authorized to require any
or all of the following measures:
(1)
The immediate exclusion of the employee from the eating and drinking
establishment.
(2)
The immediate closing of the eating and drinking establishment until,
in the opinion of the licensor, no further danger of disease outbreak
exists.
(3)
Restriction of services of that employee to some work where there
would be no danger of transmitting disease.
(4)
Adequate medical examination of the employee and his associates,
with such laboratory examinations as may be necessary. A health certificate
shall be provided by a licensed physician, upon request.
C.
If the restaurant manager suspects that any employee has contracted
any disease in a communicable form or has become a carrier of such
disease, he shall notify the Health Officer immediately.
D.
Hand-washing signs shall be posted in each toilet room used by employees.
[Amended 5-24-1984 by Ord. No. 1332]
A.
Whenever a food service establishment is constructed or extensively
remodeled and whenever an existing structure is converted to use as
a food service establishment, properly prepared plans and specifications
for such construction, remodeling or conversion shall be submitted
to the City of Washington Health Department for review and approval
before construction, remodeling or conversion is begun. The plans
and specifications shall indicate the proposed layout, arrangement,
mechanical plans and construction material of the work areas, and
the type and model of proposed fixed equipment and facilities. The
Health Department shall approve the plans and specifications if they
meet the requirements of the City Food Ordinance. No food service
establishment shall be constructed, extensively remodeled or converted
except in accordance with plans and specifications approved by the
Department. All new or extensively remodeled establishments must comply
with the requirements of the Washington-East Washington Joint Sewer
Authority.
B.
Sanitary design. All equipment shall be designed, installed and operated
in accordance with the criteria set forth by the National Sanitation
Foundation. All equipment must be built for use in a commercial establishment
and should carry the N.S.F. sticker.
[Amended 4-24-1986 by Ord. No. 1356; 3-8-2001 by Ord. No. 1672]
This article shall be enforced by the Health Officer in accordance
with the interpretations thereof contained in the 1996 edition and
any subsequent editions and/or amendments to the Pennsylvania Code,
Title 7, entitled Agriculture, Chapter 78, Food Establishments, a
certified copy of which shall be on file in the City Clerk's
office.[1]
[1]
Editor's Note: Chapter 78 was reserved upon adoption of the
Food Code, 7 Pa. Code Ch. 46.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this article shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this article shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this article. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition, and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the article or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the article.
