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A. It is unlawful for any person to operate a restaurant in the city who does not possess an unrevoked permit from the health officer.
B. Such permit shall be posted in a conspicuous place. Only persons who comply with the requirements of this chapter shall be entitled to receive and retain such a permit.
C. A person conducting an itinerant restaurant shall also be required to secure a permit.
D. Such a permit may be temporarily suspended by the health officer upon the violation by the holder of any of the terms of this chapter or revoked after an opportunity for a hearing by the health officer upon serious or repeated violation. (Ord. 354 (part), 1988: prior code § 4-5-202)
The grading of all restaurants shall be based upon the following standards:
A. Grade A Restaurants. All grade A restaurants shall comply with all of the following items of sanitation:
1. 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.
2. Walls and Ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in a material and color which will not conceal the presence of dirt. 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.
3. Doors, Windows and Other Openings. When 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.
4. Lighting. All rooms in which food or drink is stored or prepared, or in which utensils are washed, shall be well lighted.
5. Ventilation. All rooms in which food or drink is stored, prepared or served, or in which utensils are washed shall be well ventilated.
6. 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 a clean condition, in good repair, and well lighted and ventilated.
7. 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.
8. 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.
9. 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 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.
10. 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 clean 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 bactericidal process immediately following the day's operation. Drying cloths, if used, shall be 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 cleansing or polishing of utensils.
11. 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.
12. 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 become a nuisance.
13. Refrigeration. All readily perishable food and drink shall be kept at or below fifty degree Fahrenheit except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of.
14. 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 other frozen desserts 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. This requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All shellfish 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. Oysters, clams or other shellfish, if served on the shell, must be served in the original shell, but the use of crab shells in any manner whatsoever in the preparation or serving of food is prohibited.
15. 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 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.
16. 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.
17. 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.
B. Grade B Restaurants. Grade B restaurants means those which fail to comply with paragraphs 1, 2, 4, 5 and 12 of subsection A, but which conform with all other items of sanitation required for Grade A restaurants.
C. Grade C Restaurants. Grade C restaurants means those which fail to comply with either the grade A or the grade B requirements.
D. Itinerant Restaurants. Itinerant restaurants shall be constructed and operated in an approved manner. (Ord. 354 (part), 1988: prior code § 4-5-207)
No restaurant shall be operated within the city or its police jurisdiction, unless it conforms with the grade A or grade B, or approved itinerant restaurant requirements of this chapter; provided, that when any restaurant fails to qualify for any of these grades the health officer is authorized to suspend the permit or in lieu thereof to degrade the restaurant and permit its operation during a temporary period not exceeding thirty days. (Ord. 354 (part), 1988: prior code § 4-5-208)
A. At least once every three months the health officer shall inspect every restaurant located within the city. In case the health officer discovers the violation of any item of sanitation required for the grade then held, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the grade requirements of this chapter. Any violation of the same item of this chapter on such second inspection shall call for immediate degrading or suspension of permit.
B. One copy of the inspection report shall be posted by the health officer upon 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.
C. 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. (Ord. 354 (part), 1988: prior code § 4-5-206)
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. (Ord. 354 (part), 1988: prior code § 4-5-205)
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