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.
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.