The following definitions shall apply in the interpretation and the enforcement of this article:
Employee.
Any person who works in, around or about a food establishment.
Food establishment.
A restaurant, coffee shop, cafeteria, short order cafe, luncheonette, sandwich stand, soda fountain, grocery store, meat market, slaughterhouse, poultry processing plant, bottling plant or any other place where food or drink is processed, prepared, served or sold.
Health officer.
The city health officer or his authorized representative.
Itinerant food establishment.
Any food establishment operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or any other temporary location not connected with public utilities.
Utensils.
Any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation or serving.
(1987 Code, sec. 12-16)
(a) 
Required; persons entitled thereto.
It shall be unlawful for any person to operate any establishment within the corporate limits of the city where food or drink is processed, prepared, served or sold without first having obtained a permit from the city health officer to operate such establishment. Only a person who complies with the requirements of this article shall be entitled to receive and retain such permit. Such permit shall be posted in a conspicuous place.
(b) 
Application; issuance; posting; term; renewal; fees.
Application for a permit must be made in writing upon forms prescribed and furnished by the city health department. The health department shall issue a permit in writing when the applicant has complied with the requirements of this article and the rules and regulations of the health department. Such permit shall be posted in a conspicuous place. The permit shall remain in full force and effect for the period beginning January first and ending December thirty-first of each year, unless sooner revoked for violations of any provisions of this article or the rules and regulations of the health department. Such permit shall be renewed annually in like manner as hereinbefore prescribed, and is valid for one (1) full fiscal year of the city, or a fraction thereof. The permit shall be nontransferable. Fees for such permits may be established by resolution of the city council.
(c) 
Revocation.
In addition to any other penalty provided by this code, any permit granted under this section shall be subject to revocation at the direction of the city health officer for failure of the grantee named therein or any of his employees, agents, or representatives to carry on the business or activities described in such permit in accordance with this article, all food and sanitary laws of the state, and the rules and regulations of the health department and all official orders pursuant thereto. Upon notice of such revocation, the operation of such business or activities shall immediately be discontinued until the terms and provisions of this article are complied with.
(d) 
Reinstatement.
Any food establishment, the permit of which has been suspended, may at any time make application for the reinstatement of the permit. Within one (1) week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provisions of this article have been conformed with, 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 requirements, and, in case the findings indicate compliance, shall reinstate the permit.
(1987 Code, sec. 12-18)
Any person operating a food establishment shall, upon request of the health officer, permit access to all parts of the establishment and shall permit the copying of any or all records of food purchased.
(1987 Code, sec. 12-19)
Plans and specifications for all new buildings or major changes in present construction shall be approved by the health officer before a building permit is issued for a food establishment.
(1987 Code, sec. 12-20)
(a) 
It shall be the duty of the health officer or his designated representative to inspect all food establishments who process, serve or sell food or drink once in every six (6) months, or as often as necessary. The health officer shall enforce this code and all state and federal laws applicable to food establishments.
(b) 
If, upon the inspection of a food establishment, the health officer discovers a violation of any item of sanitation as set out in this code, he shall make a second inspection after the 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 article. Any violation of the same item of sanitation discovered on such second inspection shall call for the immediate revocation of the permit.
(c) 
One (1) copy of the inspection report shall be posted by the health officer upon an inside wall of the establishment, and such 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.
(1987 Code, sec. 12-21)
(a) 
No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any food establishment. If the food establishment manager suspects that any employee has contracted any disease, he shall notify the health officer immediately.
(b) 
All persons working in or about eating or drinking establishments must obtain health registration cards. When suspicion arises as to the possibility of transmission of infection from any food establishment employee, the health officer is authorized to require the immediate exclusion of the employee from all food establishments, the immediate closing of the food establishment concerned until no further danger of disease outbreak exists, and medical examinations of the employee and of his associates.
(1987 Code, sec. 12-22)
Every food establishment shall comply with all of the items of sanitation as set out in this division.
(1987 Code, sec. 12-36)
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, impervious to water, and shall be kept clean and in good repair. Wooden floors containing cracks, holes, or broken or poorly fitting planks do not comply with this item.
(1987 Code, sec. 12-37)
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 light color if separate from the room or rooms in which food or drink is served; all compartments or sections in which food or drink is prepared or stored shall be finished in light color if in the same room in which food or drink is stored. 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.
(1987 Code, sec. 12-38)
All openings into the outer air shall be completely screened to prevent the entrance of flies. In air-conditioned buildings, solid doors will comply with this item. All doors shall be self-closing.
(1987 Code, sec. 12-39)
All rooms in which food or drink is stored or prepared, or in which utensils are washed, shall be well lighted. A minimum of ten (10) footcandles of artificial light, or the equivalent natural light, on all working surfaces in rooms in which food or drink is stored or prepared, or in which utensils are washed, and a minimum of four (4) footcandles at a distance of thirty (30) inches from the floor in storage rooms, shall be deemed to comply with this item.
(1987 Code, sec. 12-40)
All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well ventilated.
(1987 Code, sec. 12-41)
Every food establishment shall be provided with adequate toilet facilities located on the premises for its employees. Toilet facilities shall conform with the plumbing code of the city. Toilet rooms shall be kept in a clean condition and in good repair and shall be separated from any room in which drink, food or utensils are handled or stored by flyproof doors at least three (3) feet apart. Such doors shall be outward opening and self-closing. A sign requiring employees’ hands to be washed shall be posted in each room used by employees.
(1987 Code, sec. 12-42)
Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed; the water supply shall be ample in quantity to ensure proper cleaning of floors, equipment, and utensils, and shall be safe for human consumption.
(1987 Code, sec. 12-43)
Hand-washing facilities, including hot and cold water, soap, and individual cloth or paper towels, shall be provided on the premises of every food establishment. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands.
(1987 Code, sec. 12-44)
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 food establishment shall be so constructed as to be easily cleaned and shall be kept in good repair, with no open seams, and no chipped or cracked dishes. Utensils containing or plated with cadmium or lead shall not be used; provided that solder containing lead may be used for jointing.
(1987 Code, sec. 12-45)
(a) 
All equipment, including exhaust fans, 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 substances. All cloths used by waiters, chefs, and other employees shall be clean. Single-service containers shall be used only once.
(b) 
Every food establishment preparing or serving food shall have a dishwashing vat with a minimum of three (3) compartments used for washing, rinsing and sterilizing of utensils and other equipment, and shall be connected with the public sanitary sewer system, in the manner prescribed by the plumbing code of the city, and shall be provided with running water under pressure.
(c) 
No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
(1987 Code, sec. 12-46)
After bactericidal treatment, utensils shall be stored in a clean, dry place protected from flies, dust, and other contaminations, and shall be handled in such 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.
(1987 Code, sec. 12-47)
All liquid wastes shall be disposed of in a sanitary manner and in accordance with the provisions of the plumbing code, and all garbage shall be kept in tight, nonabsorbent, washable receptacles, covered pending removal, conforming with the requirements of article 13.02 of this code. Offal from slaughterhouses, poultry dressing plants or any other food establishment must be kept in watertight, covered containers. All truck beds in which offal is transported must be of watertight construction.
(1987 Code, sec. 12-48)
All readily perishable food and drink shall be kept at or below forty-five (45) degrees Fahrenheit, except when being prepared or served. Wastewater from refrigeration equipment shall be disposed of in accordance with the provisions of the city’s plumbing code. Ice shall be stored and handled in an approved manner and in a separate container from ice in which cold drinks are kept.
(1987 Code, sec. 12-49)
All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption; cream-filled pastry shall be re-baked unless the filling was adequately cooked, promptly cooled and stored in the refrigerator prior to serving. All milk, milk products, and frozen desserts shall be from approved sources. Milk and fluid milk products shall be served in original individual bottles or from an approved bulk dispenser. All shellfish shall be from approved sources, and, if shucked, shall be kept in original containers until used.
(1987 Code, sec. 12-50)
(a) 
Food shall be stored so as to prevent contamination by leakage or submerging or flooding.
(b) 
There shall be a minimum of manual contact with food and drink. Open displays which would permit animals, fowls, flies, roaches, and rodents to come in contact with food are prohibited. Insecticides shall be colored. Displays upon the sidewalks in front of or adjacent to the food establishments of fruits or vegetables or any food offered for sale to the general public, regardless of type, shall be completely screened and the container of such display shall be at least twenty-four (24) inches above the sidewalk.
(1987 Code, sec. 12-51)
The employees of all establishments where food is served or permitted to be served or sold to the public shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. All food handlers shall wear hairnets or clean washable caps while on duty. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared.
(1987 Code, sec. 12-52)
The premises of all food establishments shall be kept clean and free of litter or rubbish. Insofar as is practicable, dustless methods shall be employed in sweeping all floors. None of the operations connected with food establishments shall be conducted in any rooms used as living or sleeping quarters or in any room opening directly into any such living or sleeping quarters. Lockers or dressing rooms on the premises 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.
(1987 Code, sec. 12-53)
The sanitation requirements set out in this division shall be applicable to itinerant food establishments, insofar as is practicable. The city health officer is authorized to make such inspections of itinerant food establishments as he may deem necessary for the protection of public health, and to require such compliance with the provisions of this division as will in his judgment safeguard the public health. No itinerant food establishment shall be operated more than ten (10) days in any calendar year, and any operation for a longer period than ten (10) days shall subject such itinerant food establishment to all the provisions of this division.
(1987 Code, sec. 12-54)