HomeMy WebLinkAbout1331 OrdinanceORDINANCE NOe 1331
AN ORDINANCE RELATING TO PUBLIC HEALTH9 REGULATING FOOD
ESTABLISHMENTS° PROVIDING GENERAL RULES OF SANITATION FOR
FOOD ESTABLISHMENTS FOR THE CONTROL AND PREVENTION OF
DISEASES REQUIRING PERMITSo PROVIDING PENALTIES FOR THE
VIOLATION THEREOF, AND REPEALING ORDINANCE NOo 495 OF
THE CITY OF PASCO.
THE CITY COUNCIL OF THE CITY OF PASCOS WASHINGTON9 DO ORDAIN AS
FOLLOWS:
Section 1, Adoption of State Rules Relating to Public Food Establishments
a
Subject to provisions of Section Jb.Zl.1bU of the Kevisea Lode of Washing on9
"Rules and Regulations of the Washington State Board of Health Governing Food
Sanitation", revised and adopted by the State of Washington Board of Health, June 3,
1963, Sections ,84.001; ,84,010® ,840020® ,84.030; ,84,0409 "M050; 0840060, and
,84,070 (Hereinafter called "Rules and Regulations", and all future amendments,
modifications and changes thereto, are hereby adopted by reference, except as
provided in this Ordinance or Amendments to this Ordinance, The City Clerk shall
keep three copies of said Rules and Regulations on file at all times, as required
by State Law,
Section 2, Definitions, When used in this Ordinance, the following words
and expressions shall ave the meanings ascribed to them below:
"Local Health Officer" shall mean the City Health Officer, and.if none
is currently appointed, shall mean the district Health Officero or the authorized
representative of either of them,
"Person" shall mean any natural person, firm, corporation, partnership,
association, or agency of state, county, or municipal government, or agency of the
Federal Government which is subject to the jurisdiction of the State.
Section 3e Permit Re uired, It shall be unlawful for any person to
operate a T -3-5-d establishment wi out aving in his possession, an unrevoked permit
issued by the Local Health Officer, With respect to temporary food establishments,
the permit required shall be the permit required for other such estabs°hmentso
Section 4, Permit- 4 licationo (a) Any person desiring to obtain
a permit shall make application therefor to the Local Health Officer on forms to
be provided by him. The application shall include:
(1) Name and permanent address of owner or operator, or person who
shall be responsible for the operation,
(2) Type of establishment desired to be operated, including types of
food, drink, etc., planned to be served to the public, if any.
(3) Location and site of proposed establishmento
(4) Statement as to the source of the water supply to be used.
(5) Statement as to the method of disposal of liquid wastes.
(6) Statement as to the method of disposal of garbage and refuse.
(7) Statement as to the use of approved facilities for properly washing
and sanitizing utensils.
(8) Statement as to the toilet facilities to be used. (b) Applications
for permits for temporary food establishments shall also include:
(9) Duration of time the temporary food establishment is to be operated.
(10) An Agreement by the applicant to restore the premises to a clean and
sanitary condition following the cessation of operations.
(11) Statement as to the use of single -service utensils.
(c) The local health officer may require applicants to furnish such other information,
either as a part of the application or separately, as he may believe is required to
carry out the provisions of this Ordinance. He may waive such requirements of
subsection (a) as he -believes are not required to carry out the provisions of the
other.parts of the Ordinance.
Section 5. Permit -Fee. The fee for each permit, including renewal permits,
shall be $10.00, excepE temporary permits shall be $2.00, which shall be paid to the
City of Pasco. Upon receipt of the fee, the City shall notify the local Health Officer
that the fee has been paid. No permit shall be issued until the fee provided herein
has been paid.
Section 6. Permit --issuance. If the local Health Officer determines that
the proposed operation is in a suitable location, and.that the applicant has agreed
to adhere to the applicable sanitary requirements of this Ordinance, and that the
proposed method of operation is in accordance with the requirements of this Ordinance,
he shall issue an appropriate permit. Permits for temporary food establishments shall
expire at the end of the period stated in the application, which shall not exceed
Fourteen (14) calendar days. Permits for other food establishments shall expire on the
31st day of December, annually.
Section 7. Permits--renewal--issuance. Permits shall be renewed annually
upon receipt or fee without further application. If, however, the local health officer
determines that any permit holder has violated the provisions of this Ordinance to
such an extent that continued operation by him constitutes a substantial risk to the
health of his employees or others, the Health Officer may decline to reissue the per-
mit of said person. Ten (10) days notice of such decision shall be given the
permit holder.
Section 8. Permits --certificates of reco nition. The local Health Officer
is authorized to award operators of foodestablishments, certificates of recognition
for consistent adherence to superior standards of sanitation; such certificates may
be in the form of special markings upon permits.
-2-
Section 90 Revocation or suspension of ermito (a) The permit of any
person maya summari y suspen e y the Health Officer When he discovers any
violation of this Ordinance that in his opinion cannot be corrected immediately,
and that constitutes a serious threat to health,
(b) The permit of any person may be revoked by the local Health Officer
(but not any deputy Health Officer) for serious or repeated violations of this
Ordinance,, No permit shall be revoked unless the Health Officer has held a hearing
as described in Section (c),
(c) After any suspension of a permit and before any revocation of, or
refusal to reissue, a permit, the Health Officer shall hold a hearing on the
suspension, revocations or refusal to reissue. He shall give the permit holder
at least three (3) days notice of the time and place of the hearing,, Any person
whose application for a permit has been refused, shall be afforded a hearing with
the same notice upon his request.
Section 10, Reinstatement of suspended permit. When the permit of any
person has been suspended. a person may, at any time, make application to the
local Health Officer for reinstatement of the permit. Such application shall be
accompanied by a statement signed by the applicant setting forth the action taken
to correct the situation which was the basis for the suspension. Within one week
after receipt of such application, the local Health Officer shall reinspect the
premises of such food establishment and may make as many additional inspections as
are necessary to assure himself that the applicant is complying with the requirements
of this Ordinance and of the Rules and Regulations. If he finds that the applicant
is so complying, then he shall reinstate the permit.
Section IL Appeal. An} 'person aggrieved by the decision of the Health
Officer may, after the hearing provided for in Section 9, appeal to the City or
District Health Board, If the District Health Board has jurisdiction, the Board
shall hear such appeal in accordances with its own rules and regulations,, If the
City Health Board is currently active and has jurisdiction, the appeal shall be
heard within twenty days, and three day's notice of such hearing shall be given all
persons concernedg by the Board.
Section 12. Com liance with licensin Ordinanceso No permit shall be
issued to any person who is require to have a business icense by any other Ordinance
of the City unless he has first obtained such license.
Section 13. Violationsmm enaltieso Every person convicted of a violation
of any provision of tis r finance shall e punished by a fine of not more than -
three hundred dollars ($300) or by imprisonment for not more than 90=days, or by
both such fine and imprisonment.
Every firm or corporation convicted of a violation of any provision of
this Ordinance shall be punished by a fine of not more than three hundred dollars
($300)0
Section M, Severability, The invalidity of any article, section,
subsection, provision�g clause, or portion thereof, or the invalidity of the
application thereof to any person or circumstance, shall not affect the validity
of the remainder of this Ordinance or the validity of its application to other
persons or circumstances.
=3=
Section 15. Ordinance No. 495 is hereby repealed, and all Ordinances or
parts of Or finances in conflict with, or inconsistent with, the provisions of this
Ordinance, are also repealed.
Section 16. This Ordinance shall be in full force and effect after its
passage an pu Hca ion as required by law.
PASSED by the City Council and APPROVED as provided by law this
day of December , 1968.
ATTESGEORGE D. T
s
DL�
AND EX -OFFICIO CITY CLERK
APPROVED OR