[HISTORY: Adopted by the City Council of the City of Roseville as
indicated in article histories. Amendments noted where applicable.]
CHARTER REFERENCES
County and City Health Departments — See Ch. 5, Sec. 5.4.
[Adopted 2-28-1984 by Ord. No. 895
as Art. I of Ch. 240 of the 1984 Code]
As used in this article, the following terms shall have the meanings
indicated:
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
in a room in which food or drink is prepared or served.
One operating for a temporary period in connection with a fair, carnival,
circus, public exhibition, lecture, amusement or other entertainment.
Includes coffee shops, cafeterias, short-order cafes, luncheonettes,
taverns, sandwich stands, soda fountains, coffee houses (so-called), any place
where beverages commonly known as "soft drinks" are sold and all other eating
or drinking establishments and kitchens or other places in which food or drink
is prepared for sale but is consumed elsewhere.
Includes any kitchenware, tableware, glassware, cutlery, utensils,
containers or other equipment with which food or drink comes in contact during
storage, preparation or serving.
No person shall operate, conduct or maintain a restaurant or an itinerant
restaurant in the city without first procuring a license and paying the required
fee.
No such license shall be granted by the Police Department unless the
application is approved in writing upon the face thereof by the Health Officer
and the Fire Inspector after these officers have inspected and investigated
the premises where the proposed business is to be operated, conducted or maintained.
All restaurants shall comply with the following sanitary requirements:
A.
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.
B.
Walls and ceilings. Walls and ceilings of all rooms shall
be kept clean and in good repair. All walls and ceilings of any room in which
food or drink is stored or prepared shall be finished in a light color. 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.
C.
Doors and windows. Where 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.
D.
Lighting. All rooms in which food or drink is stored
or prepared or in which utensils are washed shall be well lighted.
E.
Ventilation. All rooms in which food or drink is stored,
prepared or served or in which utensils are washed shall be well ventilated.
F.
Toilet facilities. Each restaurant shall be provided
with adequate and conveniently located toilet facilities for its employees,
conforming with the laws and regulations of the state. In restaurants hereafter
constructed, 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 a clean condition, in good
repair and well lighted and ventilated. Hand-washing signs shall be posted
in each toilet room used by employees. In case privies or earth closets are
permitted and used, they shall be separate from the restaurant building and
shall be of a sanitary type constructed and operated in conformity with the
standards of the State Board of Health.
G.
Water supply. Running water under pressure shall be easily
accessible to all rooms in which food is prepared or utensils are washed,
and the water supply shall be adequate and of a safe, sanitary quality.
H.
Lavatory facilities. Adequate and convenient hand-washing
facilities shall be provided, including hot and cold running water, soap and
sanitary towels. The use of a common towel is prohibited. No employee shall
resume work after using the toilet room without first washing his or her hands.
I.
Construction of utensils and equipment. All multiuse
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, provided that solder containing lead may
be used for jointing.
J.
Cleaning and bactericidal treatment of utensils and equipment.
(1)
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 clothes
used by waiters, chefs and other employees shall be clean. Single-service
containers shall be used only once.
(2)
All multiuse eating and drinking utensils shall be thoroughly
cleaned and effectively subjected to an approved bactericidal process after
each usage. All multiuse utensils used in the preparation or serving of food
and drink shall be thoroughly cleaned and effectively subjected to an approved
bactericidal process immediately following the day's operation. Drying
cloths, if used, shall be clean and shall be used for no other purpose.
(3)
No article, polish or other substance containing any
cyanide preparation or other poisonous substance shall be used for the cleaning
or polishing of utensils.
K.
Storage and handling of utensils and equipment. After
bactericidal 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.
M.
Refrigeration. All readily perishable food and drink
shall be kept at or below 50° F. except when being prepared or served.
Wastewater from refrigeration equipment shall be properly disposed of.
N.
Wholesomeness of food and drink. All food and drink shall
be clean, wholesome, free from spoilage and so prepared as to be safe for
human consumption. All milk, fluid milk products, ice cream and frozen deserts
served shall be from approved sources. Milk and fluid milk products shall
be served in the individual 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 and, if shucked,
shall be kept until used in the containers in which they were placed at the
shucking plant.
O.
Storage, display and serving of food and drink. All food
and drink shall be so stored, displayed and served as to be protected from
dust, flies, vermin, depredation and pollution by rodents, unnecessary handling,
droplet infection, overhead leakage and other contamination. No animal 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, roaches and rodents
shall be used.
P.
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. Employees shall not expectorate
or use tobacco in any form in rooms in which food is prepared.
Q.
Linens, lockers, premises, etc. The premises of all restaurants
shall be kept clean and free of litter or rubbish. None of the operations
connected with a restaurant shall be conducted in any room used as living
or sleeping quarters. Adequate lockers or dressing rooms shall be provided
for employees' clothing and shall be kept clean. Soiled linens, coats
and aprons shall be kept in containers provided for such purpose.
Samples of food, drink and other substances may be taken and examined
by the Health Officer as often 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 or destroyed, any food or drink which is unwholesome or
adulterated.
At least once every six months, the Health Officer shall inspect every
restaurant located in the city. The person operating the restaurant shall,
upon request of the Health Officer, permit access to all parts of the establishment
and shall permit copying any or all records of food purchased.
No person, while affected with any disease in a communicable form or
while a carrier of such disease or while afflicted with boils, infected wounds,
sores or an acute respiratory infection, shall work in any area of a food-service
establishment in any capacity in which there is a likelihood of such person
contaminating food or food-contact surfaces with pathogenic organisms or transmitting
disease to other individuals; and no person known or suspected of being affected
with any such disease or condition shall be employed in such an area or capacity.
If the manager or person in charge of the establishment has reason to suspect
that any employee has contracted any disease in a communicable form or has
become a carrier of such disease, he or she shall notify the Health Officer
immediately.
When the Health Officer has reasonable cause to suspect possibility
of disease transmission from any food service establishment employee, the
Health Officer shall secure a morbidity history of the suspected employee
or shall make such other investigation as may be indicated and shall take
appropriate action. The Health Officer may require any or all of the following
measures:
A.
The immediate exclusion of the employee from all food
service establishments.
B.
The immediate closure of the food service establishment
concerned until, in the opinion of the Health Officer, no further danger of
disease outbreak exists.
C.
Restriction of the employee's services to some area
of the establishment where there would be no danger of transmitting disease.
D.
Adequate medical and laboratory examinations of the employee,
of other employees and of his, her and their body discharges.
After any inspection of the licensed premises as herein provided, the
Health Officer shall suspend any license if it is found that any of the provisions
of this article have not been complied with or have been violated. Written
notice of such suspension and the reason therefor shall be delivered to the
licensee, either in person or by mail addressed to the licensee at the licensed
premises. Any suspended license shall be revoked at the expiration of 10 days
unless the licensee shall file with the Health Officer an application for
reinstatement of the license. Upon the filing of such application, the Health
Officer shall make another inspection; and if it is found that the condition
causing the suspension of the license has been cured or rectified, the license
shall be reinstated.
[Adopted 2-28-1984 by Ord. No. 895
as Art. II of Ch. 240 of the 1984 Code]
As used in this article, the following terms shall have the meanings
indicated:
Any premises where food and/or beverage of any kind is offered for
sale and/or served to the public and where such food and/or beverage is served
to customers directly over a counter and/or exterior or interior convenience
window or other opening, or both, for consumption by customers within the
premises and/or in or around vehicles parked on or passing through the restaurant
premises.
A.
No fast-service or drive-in restaurant shall employ or
permit any person on the premises who may be engaged in the handling of food
and/or beverage who shall not have complied with all of the applicable laws
and regulations governing persons handling, selling or serving food and/or
beverage.
B.
The person physically in charge of the premises shall
be responsible for seeing that all of the applicable ordinances governing
the handling, selling and serving of food and/or beverage are complied with.
A.
All fast-service and drive-in restaurants shall have
adequate parking area as defined in the City of Roseville Zoning Ordinance,
Section 2005, to accommodate the customers of such restaurant. Such parking
areas shall be surfaced as required by the City of Roseville Zoning Ordinance,
Section 2006,[1] and shall have one or more entrances and exits, suitably designated
as such, from the adjoining street or streets. Such parking area shall be
enclosed by a suitable fence or wall on the sides and rear; provided, however,
that the City Council may, for good cause shown, waive this requirement if
such side and/or rear abuts business or industrial property. The plan for
the parking area shall be approved by the Building Department of the city
prior to the issuance of a license.[2]
B.
While a fast-service or drive-in restaurant is open for
business, all parking areas shall be lighted during the normal hours of darkness.
Such lighting shall be installed and arranged so as to provide a minimum of
0.25 lumen per square foot of parking area as provided in the Building Code[3] and shall reflect away from any adjoining property as provided
in the Zoning Ordinance.[4]
A.
It shall be the duty of the fast-service or drive-in
restaurant, or any person in charge of said restaurant, to keep the restaurant
premises, parking area and contiguous property free from all rubbish, waste
products and debris, including napkins, straws, paper cups and plates and
other waste material, at all times; provided, however, that no private property
shall be entered without consent of the owner or the owner's agent.
B.
In addition to the other penalties provided in this article,
the proprietor of any fast-service or drive-in restaurant may be charged with
the cost of cleaning up or removing debris found on the premises and on the
public highway or highways adjacent to said premises. The City Manager, the
Health Officer, the Chief Inspector or any other enforcement officer shall
have the right, if he or she sees debris on the premises occupied by the fast-service
or drive-in restaurant and the highways adjacent thereto, to cause the same
to be cleaned up and removed from the premises and shall certify the costs
of cleaning up and removal to the City Manager.[1]
A.
No owner or operator of any fast-service or drive-in
restaurant shall operate or permit any loudspeakers or shall make or permit
to be made any other loud sound or shall permit any show or exhibit on the
premises occupied by such fast-service or drive-in restaurant; provided, however,
that the owner or operator of such restaurant may use an intercom address
system solely for the purpose of taking orders from customers on the premises.
No public address, loudspeaker or other sound produced on the premises shall
exceed the limits and standards set forth in this Code relating to sound and
noise levels and its measurement and monitoring. It shall be a violation of
this section for any customer or other person on the premises to produce any
prohibited sound.[1]
B.
No owner or operator of any drive-in restaurant or any
customer of a fast-service or drive-in restaurant while parking on or adjacent
to the premises thereof or any other person while on the premises of such
restaurant shall race the motor of any car or suddenly start or stop any car
or make or cause to be made any other unlawful sound. It shall also be unlawful
for any customer of a fast-service or drive-in restaurant or any other person
on the premises of such restaurant to blow or cause to be blown any automobile
horn or motorcycle horn at any time while so parked.
C.
No customer of a fast-service or drive-in restaurant
or any person on the premises of a drive-in restaurant, whether in or out
of the automobile, shall drink any wine, beer or intoxicating liquor; provided,
however, that this provision shall not apply to any person when served inside
the building by a fast-service or drive-in restaurant duly licensed to serve
such beverages.[2]
Every fast-service or drive-in restaurant shall be provided with conveniently
located toilet facilities for customers and employees, which comply with laws
and regulations of the state and the Plumbing Code of the city.[1] Such toilet facilities shall have an inside entrance.
No food or beverage shall be served to any person seated in or upon
any automobile between the hours of 3:00 a.m. and 7:00 a.m., local time.
It shall be unlawful for any fast-service or drive-in restaurant to
operate between May 1 and October 31, of any calendar year, after 7:00 p.m.
until its regular closing time or 3:00 a.m., whichever occurs first, without
adequate private or special police employed at its own cost to patrol the
premises for the maintenance of order, preservation of the peace and suppression
of sound and to ensure compliance with all applicable provisions of city ordinances.
Adequate policing shall be defined as one guard for each 40 parking places
on the premises. If the fast-service or drive-in restaurant has more than
40 parking places but less than 80, two guards will be required.
