No person shall operate any restaurant without having first obtained from the Division of Health a license to do so, covering the premises in which every such restaurant is operated or intended to be so operated.
The provisions of this article shall not apply to a restaurant operated for a temporary period not exceeding two days in connection with a public exhibition, charitable or club function or other group or organization affair, provided that the operator of such public exhibition, charitable or club function or other group or organization affair shall first have secured from the Division of Health written permission to so operate the same without such license.
[Amended 12-11-1984 by Ord. No. 1955]
A. 
The fee for a license to operate a restaurant shall be as set forth in Chapter 145, Fees.
[Amended 10-13-1992 by Ord. No. 2375]
B. 
The fees are intended to be annual fees but, when paid, shall cover only the balance of the calendar year during which the same are paid or payable. It is not intended by this article that a restaurant shall be required to pay a fee as a restaurant and an additional fee as a food establishment.
All restaurants shall comply with all of the following sanitary requirements:
A. 
The floors of all rooms in which food or beverages are 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 at all times.
B. 
Walls and ceilings of all rooms shall be kept clean and in good repair. The walls of all rooms in which food or beverages are prepared or utensils are washed shall have a smooth washable surface up to the level reached by splash spray.
C. 
Counters, shelves, tables, sinks, chopping blocks and other equipment shall be constructed of smooth materials without cracks, and any joints shall be so constructed that food will not lodge therein.
D. 
All openings into the outer air shall be effectively screened from April 1 to November 30, and doors shall be self-closing unless other effective means approved by the Health Officer are provided to prevent the entrance of flies.
E. 
All rooms in which food or beverages are stored, prepared or served or in which utensils are washed shall be well-ventilated so as to be reasonably free of disagreeable odors. When natural ventilation is inadequate or creates a nuisance to neighboring property, a system of forced draft ventilation may be required with the outlet at roof level or some other point so as to avoid any nuisance to neighboring properties.
F. 
Every restaurant shall be provided with at least one washroom, and every restaurant having seating capacity for six or more persons shall have at least two washrooms, one for each sex. In restaurants hereafter constructed, washrooms shall not open directly into any room in which food, beverages or utensils are handled or stored. Each washroom shall be provided with an adequate number of toilets and handbasins and urinals, as required. The doors of all washrooms shall be self-closing. Washrooms shall be kept in a clean condition, in good repair and well-lighted and ventilated. Hand-washing signs shall be posted in each washroom used for employees. Adequate convenient hand-washing facilities shall be provided, including hot and cold running water, liquid or powdered soap in approved dispensers and approved sanitary towels and receptacles for disposing of used towels. The use of common towels is prohibited. No employee shall resume work after using the toilet or urinal without first washing his hands. The preceding requirement shall be posted in all rest rooms.
G. 
All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, beverages, utensils or equipment. Employees shall not smoke while preparing, selling or serving food or beverages. Employees shall wear caps while preparing food, and employees having long hair shall wear caps or hair nets while serving food.
H. 
Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean at all times.
I. 
Soiled linens, coats and aprons shall be kept in containers provided for that purpose.
J. 
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; however, solder containing lead may be used for jointing.
K. 
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 materials. All cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once.
L. 
All multi-use eating and drinking utensils shall be thoroughly cleansed and sanitized by submerging utensils in hot water at a temperature of 180° F. for a period of one minute. In all establishments where multi-use utensils are used, a three-compartment sink shall be provided with sanitizing facilities in the third compartment.
M. 
No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
N. 
All multi-use utensils shall demonstrate a swab test count of less than 100 colonies of bacteria per utensil, under standard laboratory procedure.
O. 
After treatment, utensils shall be stored in a clean, dry place protected from flies, dust and other contamination and shall be handled in such a 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. All cups and glasses shall be stored in an inverted position.
P. 
All readily perishable food and beverages shall be kept at or below 50° F. except when being prepared or served.
Q. 
Wastewater from refrigeration equipment shall be disposed of in a manner approved by the Health Officer.
R. 
Immersion of food or beverages is specifically prohibited.
S. 
All food and beverage shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption.
T. 
All food and beverages shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation or pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. All means necessary for the elimination of flies, roaches and rodents shall be used. Cats, dogs and other small animals shall be excluded from restaurants.
A. 
All milk, fluid milk products, ice cream and other frozen desserts served shall be from approved sources.
B. 
Milk and fluid milk products shall be served in the individual original containers in which they are received from the distributor, and the container shall not be unsealed or opened by the seller or server except in the presence of the purchaser, provided that this requirement shall not apply to cream, which may be served from the original container or in a manner approved by the Health Officer.
C. 
All oysters, clams and mussels shall be obtained from approved sources and, if shucked, shall be kept, until used, in the containers in which they were placed at the shucking plant.
Samples of food, beverages and other substance may be taken and examined by the Health Officer 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 and destroyed any food or beverage which is unwholesome or adulterated.
A. 
No person who is affected with any disease in a communicable form or who is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease.
B. 
If the restaurant manager suspects that any employee has contacted any disease in a communicable form or is a carrier or has become a carrier of such disease, he shall notify the Health Officer immediately.
C. 
When reasonable suspicion exists 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:
(1) 
The immediate exclusion of the employee from all restaurants.
(2) 
The immediate closing of the restaurant concerned until no further danger of disease outbreak exists in the opinion of the Health Officer.
(3) 
Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated.