[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:
EMPLOYEE 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.
ITINERANT RESTAURANT One operating for a temporary period in connection with a fair, carnival, circus, public exhibition, lecture, amusement or other entertainment.
RESTAURANT 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.
UTENSILS 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.
Application for a license shall be made to the Roseville Police Department in the form and manner prescribed by such Department. The annual license fee shall be as provided for in Chapter
133, Fees.
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.
L. 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 constitute a nuisance.
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.
Any person found guilty of violating any of the provisions of this article shall be punished as provided in Chapter
1, General Provisions, Article
I.
[Adopted 2-28-1984 by Ord. No. 895 as Art. II of Ch. 240 of the 1984 Code]
No person shall operate a fast-service or drive-in restaurant without first obtaining a license to do so. The procedure for obtaining such license and the fee to be paid therefor shall be governed by Chapter
187, Licensing, and Chapter
133, Fees, and such license shall not be unreasonably withheld.
As used in this article, the following terms shall have the meanings indicated:
FAST-SERVICE OR DRIVE-IN RESTAURANT 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.
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. 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.
Any person found guilty of violating any of the provisions of this article shall be punished as provided in Chapter
1, General Provisions, Article
I.