[1]
For statutory authority for code cities to enforce food regulations according to general law, see RCW 35A.69.010; for statutory regulation of food, drug and cosmetic purity, see RCW Title 69.
A. 
"Eating and cooking utensils"
includes any kitchenware, tableware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
B. 
"Employee"
means 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 at any time in a room in which food or drink is prepared or served.
C. 
"Grocery," "food market," or "meat market"
means any place, wholesale or retail, where food or meats, in bulk or package form, are provided for the public for preparation and service elsewhere. For the purpose of this chapter the term "restaurant" shall apply to groceries, food markets, and meat markets. This section shall not be interpreted to include slaughterhouses.
D. 
"Health officer"
means the health authority of the city or his authorized representative.
E. 
"Person"
means person, firm, corporation or association.
F. 
"Restaurant"
means restaurant, coffee shop, cafeteria, short order cafe, luncheonette, hotel dining room, tavern, sandwich stand, soda fountain, and all other eating and drinking establishments.
(Ord. 433 § 1, 1945)
It is unlawful for any person to operate a restaurant in the city who does not possess an unrevoked permit from the health officer and in whose place of business such permit is not posted in a conspicuous place. This section shall apply to temporary or itinerant, as well as to permanently established, places of business. Only persons who comply with the requirements of this chapter shall be entitled to receive and retain such a permit.
Such a permit may be revoked by the health officer upon the violation by the holder of any of the terms of this chapter, or at any time when, in the judgment of the health officer, the restaurant has become a public health menace, provided that the holder of the permit shall, after complying with such revocation, have the right to appeal to the city council.
(Ord. 433 § 2, 1945)
At least once every six months the health officer shall inspect every restaurant and drinking place located within his jurisdiction.
One copy of the inspection report shall be posted by the health officer upon an inside wall of the restaurant or drinking place, 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 jurisdictional health department.
(Ord. 433 § 3, 1945)
Every restaurant shall display at all times upon all menu cards or boards, or if these are not used, upon a placard, or upon any other place approved by the health officer, a conspicuous notice approved by the health officer, stating the grade of the restaurant.
(Ord. 433 § 4, 1945)
Samples of food and drink may be taken and examined by the health officer as often as he deems necessary for the detection of unwholesomeness, adulteration, or misbranding. The health officer may condemn, remove and destroy any food or drink which he deems unwholesome, adulterated or misbranded.
(Ord. 433 § 5, 1945)
At least once every six months the health officer shall inspect every restaurant located within the city. In case the health officer discovers the violation of any item of sanitation required for the grade then held, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied. If, upon the second inspection, the same item of sanitation is found to be violated, the restaurant shall be required to display immediately a grade notice based upon the second inspection.
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.
(Ord. 433 § 6, 1945)
The grading of all restaurants shall be based upon the following standards:
A. 
Grade A restaurants. Grade A restaurants are those which comply with all the following items of sanitation:
Item 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. Kitchen floors shall be impervious to water.
Item 2: Walls and ceilings. All walls and ceilings 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.
Item 3: Lighting. All rooms in which food or drink is stored, prepared or served, or in which utensils are washed shall be well lighted.
Item 4: Ventilation. All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well ventilated.
Item 5: Toilet facilities. Every restaurant shall be provided with adequate toilet facilities conveniently located and conforming with the ordinances of the city. 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 be well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees.
Item 6: Water supply. The water supply shall be easily accessible to all rooms in which food is prepared or utensils are washed, and shall be adequate, and of safe sanitary quality.
Item 7: Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided, including warm running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall return from a toilet room without washing his hands.
Item 8: 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.
Item 9: Construction of utensils and equipment. All eating and cooking utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair.
Item 10: Cleaning and bactericidal treatment of equipment and utensils. 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. All except single-service eating and drinking utensils shall be thoroughly cleaned and subjected to an approved bactericidal process after each usage.
All multi-use utensils used in the preparation, cooking or serving of food and drink shall be thoroughly cleaned and subjected to an approved bactericidal process, immediately following the day's preparation and operation. Drying cloths, if used, shall be clean and shall be used for no other purpose.
Item 11: Storage and handling of utensils and equipment. After bactericidal treatment no utensils shall be stored except in a clean, dry place protected from flies, dust and other contamination, and no utensils shall be handled except in such manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers and shall be stored therein in a clean, dry place until used.
Item 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.
Item 13: Refrigeration. All perishable food or drink shall be kept at or below fifty degrees Fahrenheit, except when being prepared or served.
Waste water from refrigeration equipment shall discharge into an open sink or drain, properly trapped and sewer connected, provided that where sewer connections are not available, clean, adequate water-tight drip pans may be used.
Item 14: Wholesomeness of food and drink. All food and drink shall be wholesome and free from spoilage. All milk, milk products, ice cream and other frozen desserts served shall be of a grade approved by the health officer. Milk and milk products shall be served in the original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device, provided that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams, and mussels shall be from approved sources.
Item 15: Storage and display of food and drink. All food and drink shall be so stored and displayed as to be protected from dust, flies, vermin, 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 or stored. All means necessary for the elimination of flies shall be used.
Item 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.
Item 17: Miscellaneous. The surroundings of all restaurants shall be kept clean and free from litter or rubbish. None of the operations connected with a restaurant shall be connected to any room used for domestic purposes. Adequate lockers or dressing rooms shall be provided for employees' clothing. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose.
No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of eating or cooking utensils.
B. 
Grade B restaurants. Grade B restaurants are those which have been found on two successive inspections to have violated the same one of any of the following items of sanitation required for grade A restaurants: 1, 2, 3, 4, 8, 12, or 17.
C. 
Grade C restaurants. Grade C restaurants are those which have been found on two successive inspections to have violated the same one of any of the following items of sanitation required for grade A restaurants: 5, 6, 7, 9, 10, 11, 13, 14, 15, or 16.
D. 
From and after twelve months from December 16, 1945, no restaurants except grade A and grade B restaurants shall be operated. All restaurants shall be graded hereunder within six months from December 16, 1945, the date of passage of this chapter.
(Ord. 433 § 7, 1945)
Notice shall be sent to the health officer immediately by the restaurant manager or by the employee concerned if he or any employee contracts any infectious, contagious or communicable disease, or has a fever, a skin eruption, a cough lasting more than three weeks, or any other suspicious symptom. It is the duty of the employee to notify the restaurant manager immediately when any of said conditions obtain, and if neither the manager nor the employee concerned notifies the health officer immediately when any of said conditions obtain, they shall be held jointly and severally to have violated this section. A placard containing this section shall be posted in all toilet rooms and privies serving restaurants.
(Ord. 433 § 8, 1945)
When suspicion arises as to the possibility of transmission of infection from any restaurant employee, the health officer is authorized to require any or all of the following measures:
A. 
The immediate exclusion of the employee from all restaurants;
B. 
The immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer;
C. 
Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be required or indicated.
(Ord. 433 § 9, 1945)
This chapter shall be enforced by the health officer in accordance with the interpretations hereof contained in the 1940 edition of the U.S. Public Health Service Code Regulating Eating and Drinking Establishments.
(Ord. 433 § 10, 1945)
Any person who violates any of the provisions of this chapter shall be punishable as set forth in Section 1.28.010 of this code, at the discretion of the court having jurisdiction.
(Ord. 433 § 11, 1945)