HomeMy WebLinkAbout0495 Ordinance0
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ORDIDDANCE NO. 495
1 AN ORDINANCE defining restaurant, employee, eating and cooking
2 utensils, health officer, etc., requiring permits for the operation
3 of such establishments, prohibiting the sale of adulterated, unwhole-
4 some or misbranded food or drink, regulating the inspection, grading,
5 regrading, and placarding of such establishments, the enforcement of
6 this ordinance and providing penalties for the violation hereof.
7 THE CITY COUNCIL OF TIM CITY OF PASCO ORDAINS AS FOLLO`IS:
8 Section 1. DEFINITIONS:
9 A. Restaurant: The term "restaurant" shall mean restaurant,
10 coffee shop, cafeteria, short order cafe, luncheonette, hotel dinning -
11 room, tavern, sandwich stand, soda fountain, and all other eating and
12 drinking establishments.
13 B. Grocery, Food Market, and Meat Market: The term "grocery",
14 "food market", or "rmat market" shall mean any place, wholesale or retail,
15 where food or meats, in bulk or package form, are provided for the
16 public for preparation and service elsewhere. For the purpose of this
17 ordinance the term "restaurant" shall apply to grocerier, food markets,
18 and meat markets. This section shall not be interpreted to include
19 slaughter houses.
20 C. Employee: The term "employee" shall mean any person who
21 handles food or drink during.preparation or serving, or who comes in
22 contact with any eating or cooking utensils, or who is employed at any
23 time in a room in which food or drink are prepared or served.
24 D. Eating and Cooking Utensils: "Eating and cooking utensils"
25 shall include any kitchenware, tableware, cutlery, utensils, containers,
26 or other equipment with which food or drink comes in contact during
27 storage, preparation or serving.
28 E. Health Officer: The term "Health officer" shall mean the
29 health authority of the City of Pasco or his authorized representative.
30 F. Person: The work "Person" shall mean person, firm, corpora -
31 tion or association.
32 Section 2: PER2TITS:
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1 It shall be unlawful for any person to operate a restaurant in
2 the City of Pasco who does not possess an unrevoked permit from the
3 health officer and in whose place of business such permit is not posted
4 in a conspicuous place. This section shall apply to temporary or iti-
s nerant, as well as to permanently established places of business.
6 Only persons who comply with the requirements of this ordinance shall
7 be entitled to receive and retain such a permit.
8 Such a permit may be revoked by the health officer upon the
9 violation by the holder of any of the terms of this ordinance, or at
10 any time when in the judgement of the health officer, the restaurant
11 has become a. public-health menace, provided that the holder of said
12 permit shall, after complying with such revocation, have the right
13 of appeal to the Board of Health.
14 Section 3: INSPECTION OF RESTAUP,A1,1TS AND DRINKING PLACES:
15 At least once every 6 months the health officer shall inspect
16 every restaurant and every drinking place located within his juris-
17 diction.
18 One copy of the inspection report shall be posted by the health
19 officer upon an inside wall of the restaurant or drinking place, and
20 said inspection report shall not be defaced or removed by any person
21 except the health officer. Another copy of the inspection report shall
22 be filed with the records of the jurisdictional health department.
23 Section 4: PLACARDING OR PUBLIC DISPLAY OF GRADE NOTICE:
24 Every restaurant shall display at all times upon all menu cards
25 or boards, or, if these are not used, upon a placard, or upon any other
26 place approved by the health officer, a conspicuous notice approved by
27 the health officer stating the grade of the restaurant.
28 Section 5: EXA26IITATION AND CONDEMNATION OF UMVHOLESOTVE, ADUI,TER-
29 ATED, OR MISBRANDED FOOD OR DRINK:
30 Samples of food and drink may be taken and examined by the health.
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officer as often as he deems necessary for the detection of unwhole-
32 someness, adulteration or mis-branding. The health officer may condemn,
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1 remove; and.destroy any food or drink which he deems unwholesome, adulter-
2 ated or mis-branded.
3 Section 6: INSPECTION OF RESTAURA17-S FOR PURPOSES OF GRADING
4 AND REGRADING:
5 At least once every 6 months the health officer shall inspect
6 every restaurant located within the City of Pasco. In case the health
7 officer discovers the violation of any item of sanitation required for
8 the grade then held, he shall make a second inspection after the lapse
9 of such time as he deems necessary for the defect to be remedied. If
10 upon the second inspection the same item of sanitation is found to be
11 violated, the restaurant shall be required to display immediately a
12 grade notice based upon the second inspection.
13 One copy of the inspection report shall be posted by the health
14 officer upon an inside wall of the restaurant, and said inspection
15 report shall not be defaced or removed by any person except the health
16 officer. Another copy of the inspection report shall be filed with the
17 records of the health departn nt .
18 Section 7: THE GRADING OF REST MMANTS:
19 The grading of all restaurants shall be based upon the following
20 standards:
21 GRADE A RESTAURANTS: Grade A restaurants are those which cdmply
22 with all of the following items of sanitation:
23 Item.1: FLOORS: The floors of all rooms in which food or drink
24 is stored-, prepared, or served, or in which utensils are washed shall
25 be of such construction as to be easily cleaned, shall be smooth, and
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26 shall be kept clean and in good repair. Kitchen floors shall be imper-
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3 28 Item 2: ?MALLS AND CEILINGS: Walls and ceilings of all rooms
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30 a smooth, washable surface up to the level reached by splash or spray.
31 Item 3: LIGHTING: All rooms in which food or drink is stored,
32 prepared or served, or in which utensils are washed, shall be well
lighted.
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Item 4: VENTILATION: All rooms in which food or drink is stored,
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prepared or.served, or in which utensils are washed, shall be well
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ventilated.
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Item 5: TOILET FACILITIES: Every restaurant shall be provided
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with adequate toilet facilities conveniently located and conforming
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with the ordinances of the City of Pasco. Toilet rooms shall not open
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directly into any room in which food, drink, or utensils are handled
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or stored. The doors of all toilet rooms shall be self-closing. Toilet
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rooms shall be kept in clean condition, in good repair, and well lighted
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and ventilated. Hand -washing signs shall be posted in each toilet room
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used by employees.
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Item 6: WATER SUPPLY: The water supply shall be easily accessible
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to all rooms in which food is prepared or utensils are'washed, and shall
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be adequate, and of safe sanitary quality:
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Item 7: LAVATORY FACILITIES: .Adequate and convenient handwashing
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facilities shall be provided, including warm running water, soap, and
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approved sanitary towels. The use of a common towel is prohibited.
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No employee shall return from a toilet room without washing his hands.
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Item 8: DOORS AND V1INDOVS: When flies are prevalent, all openings
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into the outer air shall be effectively screened and doors shall be
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self-closing, unless other effective means are provided to prevent the
entrance of flies.
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Item 9: CONSTRUCTION OF UTENSILS AND EQUIPYTENT: All eating
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and cooking utensils and all show and display cases or windows, counters,
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shelves, tables, refrigerating equipment, snks, and other equipment
or utensils used in connection with the operation of a restaurant shall.
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be so constructed as to be easily cleaned and shall be kept in good
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repair.
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Item 10: CLEANING AND BACTERICIDAL ``REAT12NT OF EqUIMEMI AND
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UTENSILS: All equipment, including display cases or i47indows,
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counters, shelves, tables, refrigerators, stoves, hoods, and sinks,
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shall be kept clean and free from dust, dirt, insects, and other con-
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taminating material. All cloths used by waiters, chefs, and other
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employees shall be clean. Single -service containers shall be used only
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once. All except single -service eating and drinking utensils shall be
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thoroughly.cleaned and subjected to an approved bactericidal process.
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after each usage. All multi -use utensils used in the preparation,
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cooking or serving of food and drink shall be thoroughly cleaned and
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subjected to an approved bactericidal process, immediately following
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the day's preparation, and operation. Drying cloths, if used, shall
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be cleancand shall be used for no other purpose.
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Item 11: STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT: After
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bactericidal treatment no utensils shall be stored except in a clean
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dry place protected from flies, dust and other contamination, and no
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,utensils shall be handled except in such a manner as to prevent contam-
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ination as far as practicable. Single -service utensils shall be pur-
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chased only in sanitary containers and shall be stored therein in a
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clean dry place until used.
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Item 12: DISPOSAL OF WASTES: All wastes shall be properly
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disposed of, and all garbage and trash shall be kept in suitable recep-
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tacles, in such manner as not to become a nuisance.
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Item 13: REFRIGERATION: All perishable food or drink shall be
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kept at or below 50 degrees F., except when being prepared or served.
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Waste water from regrigeration equipment shall discharge into
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an open sink or drain, properly trapped and sewer connected, provided
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that where sewer connections are not available, clean, adequate water -
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tight drip pans may be used.
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Item 14: atHOL.FSOI:ENESS OF FOOD UTD DRINK:: All food and drink
shall be wholesome and free from spoilage. All milk, milk products,
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ice cream and other frozen desserts served shall be of a grade approved
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by the health officer. Milk and milk products shall be served in the
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original containers in which they were received from the distributor
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or from a bulk container equipped with an approved dispensing device;
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provided that this requirement shall not apply to cream_, which may be
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served from the original bottle or from a dispenser approved for such
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service. All oysters, clams, and mussels shall be from approved sourcer.
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1 Item 15: STORAGE AND DISPLAY OF FOOD AID DRINK: All food and
2 drink shall be so stored and displayed as to b.e protected from dust,
3 flies, vermin, handling, droplet infection, overhead leafage, and other,
4 contamination. No animals or fowls shall be kept or allowed in any
5 room in which food or drink is prepared or stored. All means necessary
6 for the elimination of flies shall be used.
7 Item 16: CLEANLINESS OF FIVIPLOYEES: All employees shall wear
8 clean outer garments .and. shall keep their hands clean at all times while
9 engaged in handling food, drink, utensils, or equipment.
10 Item 17: MISCELIA.I:jEOUS: The surroundings of all restaurants
11 shall be kept clean and free from litter or rubbish. None of the opera -
12 tions connected with a restaurant shall be conducted in any room used
13 for domestic purposes. Adequate lockers or dressing rooms shall be
14 provided for employeest clothing. Soiled linens, coats, and aprons
15 shall be kept in containers provided for this purpose.
16 No article, polish or other substance containing any cyanide
17 preparation or other poisonous material shall be used for the cleansing,
18 or polishing of eating or cooking utensils.
19 GRADE B RESTAv WS: Grade B restaurants are those which have
20 been found or, two successive inspections to have violated the same one
41 of any of the following items of sanitation required for grade A, res -
22 taurants: 1,2,3,4,8,12, or 17.
23 GRADE C RESTAURANTS:. Grade C restaurants are those which have
24 been found on two successive inspections to have violated the same one
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of any of the following items of sanitation .required for grade A res -
26 taurants: 5,6,7,9,10,11,13,14,15, or 16.
27 From and after 12 months from the date of passage of this ordinance
28 no restaurants except Grade A and Grade B restaurants shall be operated.
29 All restaurants shall be graded hereunder within 6 months from the date
of passage of this ordinance.
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Section 8: NOTIFICATION OF DISEASE: Notice shall be sent to the
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health officer immediately by the restaurant mannager or by the employee
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concerned if he or any employee contracts any infectious, contagious
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1 or communicable disease, or has a fever, a skin eruption, a cough lasting
2 more.than.3 weeks, or any other suspicious symptom. It shall be the duty
3 of the employee to notify the restaurant manager immediately when any
4 of said conditions obtain, and if neither the manager nor the employee
5 concerned notifies the health officer immediately when any of said con -
6 ditions obtain, they shall be held jointly and several=ly to have violated
7 •this section. A placard containing this section shall be posted in all
8 toilet rooms and privies serving restaurants.
9 Section 9: PROCEDURE V9 EN INFECTION SUSPECTED: When suspicion
10 arises as to the possibility of transmission of infection from any.res-
11 taurant employee the health officer is authorized to require any or
12 all of the following measures: (1) the immediate exclusion of the
13 employee from all restaurants; (2) the immediate'closing of the res -
14 taurant concerned until no further danger of disease outbreak exists,
15 in the opinion of the health officer; -(3) adequate medical examinations
16 of the employee and of his associates, with such laboratory examinations
17 as may be required or indicated.
18 Section 10: ENFORCMANT INTERPRETATION:
19 This ordinance shall be enforced by the health officer in accordance
20 with the interpretations hereof contained In the 1940 edition of the U. S.
21 Public Health Service Code Regulating Eating and Drinking Establishments.
22 Section 11: PF,NALTIES:
Any person who violates any of the provisions of -this ordinance
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shall be fined not more than 0300.00 or imprisoned in the city jai]_
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for not more than ninety days, or both such fine and imprisonment, at
Z 26 the discretion of the court having jurisdiction. Each and every violation
0E_ of the provisions of this ordinance shall constitute a separate offense.
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2Section 12: REPEAL:
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aa0. All ordinances and parts of ordinances in conflict with this
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ordinance are hereby repealed.
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Section 13: UNCONSTITUTIONtALITY CLAUSE:
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Should any section, paragraph, sentence, clause or phrase of this
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ordinance be declared unconstitutional or invalid for any reason., the
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1 remainder of said ordinance shall not be affected thereby.
2 Section 14: EFFECTIVE DATE:
3 The provisions of Sections 3, 5, 6, and 10 shall not take effect
4 until six months after passage, approval, and publication of this
5 ordinance. All other sections shall take effect five days after passage,
6 approval and publication.
7 Passed by the council and approved by the mayor this Z:�Z day of
844 , 1942.
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12 ATTEST:
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14 City Clerk
15 APPROVED AS TO FORIUi :
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Mayor