It shall be unlawful for any person to sell or offer for sale,
or distribute, at wholesale or retail, from a fixed place of business
within the city any fish, oysters, shrimp, lobsters, crabs, crayfish,
turtles, terrapins and clams, in any manner, without first obtaining
a license for the sale thereof; provided, however, that said license
shall not be required of any person selling such marine life outlined
above for on-premises consumption.
(1958 Code, sec. 14-15; 1978 Code,
sec. 11-11; Ordinance 23-013 adopted 2/14/2023)
Every person, before opening, maintaining or operating such an establishment for any of the purposes stated in section 10.02.091, or in any manner selling or distributing or offering for sale or distribution, personally or otherwise, any fish, oysters, shrimp, lobsters, crabs, crayfish, turtles, terrapins and clams at wholesale or retail, shall make application for each establishment to be so maintained and operated by the applicant, upon a blank to be furnished by the health authority, and in which application the applicant shall give the following information:
(1)
Residence and business addresses of the applicant;
(2)
Number of establishments to be maintained and operated;
(3)
Nature of business;
(4)
Whether wholesale or retail;
(5)
Name of the owner of such establishment;
(6)
Name under which it is to be operated.
(1958 Code, sec. 14-16; Ordinance 84-32, sec. 4, adopted 2/14/84; 1978 Code, sec. 11-12; Ordinance 23-013 adopted 2/14/2023)
(a)
There shall be two (2) classes of licenses for establishments named in section 10.02.091, issued by the regulatory authority, said classes of licenses as follows:
(1)
Upon proper application, and after the applicant has complied with the provisions contained in section 10.02.094 hereof, the regulatory authority shall issue to any person a fish wholesaler’s license, upon payment by the person to the regulatory authority of the fee established by section 10.02.031 herein; provided, however, under the terms of such license, the person shall not be allowed to peddle from store to store but his sales must be made directly either by delivery upon a previously executed order or directly from his place of business. Nothing in this section shall prohibit any person from making delivery to any retail store in the city, provided such delivery is made in pursuance of a previously executed order from the merchant or retail establishment.
(2)
Upon proper application, and after the applicant has complied with the provisions contained in section 10.02.094, the regulatory authority shall issue to any person a fish retailer’s license upon payment by the person to the regulatory authority of the fee established by section 10.02.031 herein; provided, however, under the terms of such license, the person shall not be allowed to peddle from store to store or from house to house or upon the streets of the city, but his sales must be made directly, either by delivery upon a previously executed order, or directly from his place of business.
(1958 Code, sec. 14-17; Ordinance 84-32, sec. 5, adopted 2/14/84; 1978 Code, sec. 11-13; Ordinance 23-013 adopted 2/14/2023)
After filing such application for a license, it shall be the
duty of the health authority of the city to make an inspection of
the premises in which the applicant desires to conduct his establishment,
and no license shall be issued to such person unless the building
in which the business is to be conducted is constructed in accordance
with the building code of the city and contains floors of concrete
connected with floor drains so that the same may be easily cleaned.
Such premises shall be properly ventilated, and the walls of such
premises, and the benches, tables and other furniture therein, shall
be built and constructed in such manner that they can be easily kept
clean. Such premises shall contain sufficient and adequate refrigeration,
and all plumbing and plumbing fixtures shall comply with the plumbing
code of the city, and such premises shall be equipped with sanitary
toilets as required by the laws of the state. Such premises shall
be equipped with washbasins, with individual or paper towels available
in such toilets, and dirty unused clothing shall not be permitted
to be stored or kept in any room in such premises where such marine
products are cleaned, stored, packed, prepared for or offered for
sale.
(1958 Code, sec. 14-18; 1978 Code,
sec. 11-14; Ordinance 23-013 adopted 2/14/2023)
It shall be unlawful to sell or offer for sale, within the city,
any fish, oysters, shrimp, lobsters, crabs, terrapins, turtles, crayfish
and clams, which, if taken from the waters under the jurisdiction
of the state, have not been approved by the department of state health
services under the regulations and permit of such department, both
as to preparation and packing for shipment and shipment; or, if such
marine products are taken from the waters under the jurisdiction of
any other state, it shall be unlawful to sell or offer for sale, within
the limits of the city, any fish, oysters, shrimp, lobsters, crabs,
turtles, terrapins, crayfish and clams which have not been taken from
the waters under the jurisdiction of the state and approved by the
proper authorities of the state, and under the regulations and permit
of the state authorities, and of the United States Public Health Service,
both as to preparation and packing for shipment and shipment, and,
in so selling and offering for sale such marine products, it must
be indicated either by certificate or otherwise from such state authorities
that such marine products were taken from the waters and packed and
shipped as approved and required by such regulations.
(1958 Code, sec. 14-5; 1978 Code,
sec. 11-15; Ordinance 23-013 adopted 2/14/2023)
The food commodities named in section 10.02.095 shall be kept in adequate refrigeration equipment at not greater than forty (40) degrees Fahrenheit; and when such commodities are sold, either at wholesale or retail, and the delivery thereof not made at the time of sale, the same shall be delivered in a sanitary manner, and shall be at a temperature not greater than fifty (50) degrees Fahrenheit at the point of delivery.
(1958 Code, sec. 14-6; 1978 Code,
sec. 11-16; Ordinance 23-013 adopted 2/14/2023)
It shall be unlawful for any person to adulterate oysters, by
adding thereto ice, water, sodium sulphate or any other preservative
for the purpose of increasing the quantity of or preserving such oysters.
(1958 Code, sec. 14-7; 1978 Code,
sec. 11-17; Ordinance 23-013 adopted 2/14/2023)
