(A) License required. It shall be unlawful to operate a restaurant in the city without having obtained a license or without full compliance with the provisions of this chapter. Application for licenses shall be made in writing to the City Clerk on a form to be furnished by him and shall comply with the general provisions of the ordinances relating to licenses.
(B) Definitions. For the purposes of this section, the following words and phrases shall have the following meanings ascribed to them respectively.
FOOD. Includes beverages other than alcoholic liquor.
RESTAURANT. Any place where food or drink (other than alcoholic liquor) is prepared or served to the public for consumption on the premises.
(C) Revocation of license. Any restaurant license may be revoked by the Mayor and Council for repeated violation of the provisions herein, or for any violation of any other ordinance relating to the conduct of the business, condition of the premises, articles sold, or license required.
(D) Unwholesome food. No person shall offer for sale, or keep for the purpose of selling or offering for sale, any food of any kind intended for human consumption which is spoiled, tainted, unwholesome, and unfit for human consumption for any reason.
(E) Application for license. All applications for a license to conduct a restaurant shall be referred to the Health Officer who shall make an investigation of the premises to be used and report his finding, recommending or advising against the issuance of the license.
(F) Employees.
(1) All persons engaged in handling or coming in contact with food intended for sale for human consumption shall keep themselves clean, both as to person and clothing.
(2) It shall be unlawful for any person afflicted with or carrying any infectious or contagious disease to handle or be engaged in the care or preparation of any food and it shall be unlawful to permit the person to be employed in or about any premises were food is stored, prepared, or sold, or to deliver the food.
(G) Examination and condemnation of unwhole-some or adulterated food or drink. Samples of food, drink, and other substances may be taken and examined by the Health Officer as often as 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.
(H) Inspection of restaurants.
(1) At least every six months the Health Officer shall inspect every restaurant located within the city. If the Health Officer discovers any violation, he shall make a second inspection after allowing time for the defect to be remedied, and the second inspection after allowing time, shall be used in determining compliance with the requirements of this chapter. Any violation of the same requirement of this chapter on the second inspection shall call for immediate revocation.
(2) One copy of the inspection report shall be posted by the Health Officer on an inside wall of the restaurant and the inspection report shall not be defaced or removed by any person except the Health Officer. Another copy of the inspection report shall be filed with the records of the Health Department.
(3) 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.
(I) Toilet facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinances of the city. 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 clean condition, good repair, and be well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees.
(J) 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 safe, sanitary quality.
(K) Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands.
(L) Construction of utensils and equipment. All multi-use 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 constructed to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used, but solder containing lead may be used for jointing.
(M) Cleaning and bactericidal treatment of utensils and equipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept cleaned and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single-service containers shall be used only once. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved process immediately following the day's operation. Drying cloths, if used, shall be kept clean and shall be used for no other purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
(N) 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 a manner to prevent contamination as far as practicable. Single-service utensils shall be purchased only in containers, stored therein in a clean, dry place until used, and handled in a sanitary manner.
(O) Disposal of wastes. All wastes shall be properly disposed of and all garbage and trash shall be kept in suitable receptacles, so as not to become a nuisance.
(P) Refrigeration. All readily perishable food and drink shall be kept at or below 50°F except when being prepared or served. Wastewater from refrigera-tion equipment shall be properly disposed of.
(Q) Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage, and so prepared to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual 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.
(R) Storage, display, and serving of food and drink. All food and drink shall be 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 animals or fowls 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.
(S) Miscellaneous. 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 this purpose.
(`79 Code, § 110.056) Penalty, see § 10.99