(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
REFRESHMENT DEALER.
Any person, firm or corporation engaged in the business of selling, to the general public, food or drinks of any kind for consumption on the premises of such refreshment dealer. All general provisions of this section relating to
REFRESHMENT DEALERS
shall apply to each kind of refreshment dealer mentioned in this section except where the same are in conflict with other provisions of this section relating specifically to the particular kind of business.
(B) For the purpose of this section, Refreshment Dealers are classified as follows:
(1) Restaurant. Any establishment, place, vehicle, wagon or stand used for the preparation or serving of meals or lunches for sale to the public.
(2) Ice cream parlor. A place where ice cream, ices and ice cream beverages are kept and offered for sale.
(3) Retail beverage dealer. Any person, firm or corporation selling, offering for sale, or keeping with the intention of selling at retail either in bottles or other containers, for consumption on the premises, any malted, cereal or vinous non-intoxicating beverages as defined by law, or any soft drinks, carbonate beverages, fruit juices. waters, milk, buttermilk, chocolate, tea, coffee, bouillon or other beverages.
(C) It shall be the duty of every person, firm or corporation licensed as a refreshment dealer or carrying on a business under the provisions of this section to at all times keep the premises where such business is carried on clean and in proper sanitary condition. All persons employed or working in any such premises shall be kept clean and cleanly clothed. All utensils, appliances, vessels, receptacles, refrigerators, pantries, rooms, or any other places or things whatsoever which are used for the purpose of storing, preparing or manufacturing must at all times be kept in a clean, wholesome and sanitary condition. No decayed, unwholesome or impure material of any kind whatsoever shall be kept, sold or offered for sale by the person, firm or corporation in such business.
(D) Any person, firm or corporation desiring to engage in the business of a refreshment dealer as defined in the division (A) shall make written application therefor, which shall conform to the general provisions of this section relating to applications for licenses and which shall describe the premises where such business is to be carried on. It shall be the duty of the City Health Officer to cause an investigation to be made of the premises named and described in such application for the purpose of determining the fitness and suitability of such premises for such business from a sanitary standpoint. If the applicant or applicants or its chief officer, if the applicant be a corporation, is or are of good character and reputation, and if the premises where such business is to be carried on are proper and suitable from a sanitary standpoint, a license shall issue in accordance with such application upon such applicant or applicants paying the license fee hereinafter provided.
(E) It shall be the duty of the City Health Officer and he or she is hereby authorized and empowered, to inspect and examine from time to time all premises, wherein the business of a refreshment dealer is carried on, for the purpose of ascertaining whether all of the ordinances of the city and the laws of the state relating to the carrying on of such business are being complied with at such premises. It shall be the duty of every person, firm or corporation licensed under the provisions of this section to permit such inspection to be made and to assist the City Health Officer or his or her representative in the making of such inspection, and when required to furnish samples of any materials whatsoever which are kept or offered for sale, which samples shall be examined or analyzed by or under the direction of the City Health Officer. A record of such examinations or analysis shall in each case be made and kept on file in his or her office.
(F) It shall be unlawful for any employer to require, suffer or permit any person who is affected with any contagious or venereal disease, or who is a carrier of diphtheria or typhoid infection, to work in any refreshment dealer's establishment and any person so affected shall be liable to the penalty herein provided in case he or she works in any refreshment dealer's establishment while so affected.
(G) The annual license fee for restaurants as defined in division (B)(1) shall be $15.
(H) The annual license fee for ice cream parlors as defined in division (B)(2) shall be $15.
(I) The annual license fee for a retail beverage dealer as defined in division (B)(3) shall be $10.
(Ord. 1612, passed 5-6-2003) Penalty, see § 113.99