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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