(A) (1) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
RETAIL FOOD ESTABLISHMENTS.
(a) Any building, room, stand, enclosure, place or establishment used, operated or maintained for the purpose of selling, offering for sale or keeping with the intention of selling or distributing at retail, any food, confection, condiment or drink used or intended for human consumption, or any such article which is an ingredient of or is used for or is mixed with or enters into the composition of any such food; provided, that for the purpose of this section the term "food" or "drink" shall not be held to include ice cream, ices, soft drinks or other beverages consumed or intended for consumption on the premises, nor milk, cream, cereal or vinous non-intoxicating liquors or beverages.
(b) A
RETAIL FOOD ESTABLISHMENT
shall also be held to include any place, used as aforesaid, and operated, or maintained for the preparation, manufacture, packing, bottling or canning of foods, confections, condiments or drinks sold at retail in the establishment where such articles are so manufactured or prepared; provided, however, that bakeries, restaurants and other establishments which are especially licensed and defined by this section, engaged in making or preparing foods, shall not be considered retail food establishments for the purpose of this section.
(2) No person, firm or corporation shall establish, maintain or operate any retail food establishment without first having obtained a license as hereinafter provided.
(B) Any person, firm or corporation desiring a license to establish, maintain or operate a retail food establishment shall make written application for a license so to do, which shall conform to the general requirements of this section relating to applications for licenses, and shall set forth the location and description of the premises where such retail food establishment is to be conducted. The City Health Officer shall then make, or cause to be made, an investigation of the premises described in said application for the purpose of determining the fitness and suitability of such premises for a retail food establishment from a sanitary standpoint. He or she shall then transmit this said application to the Mayor together with his or her recommendation for or against the issuance of a license. If the applicant or applicants, or its chief officers, if it is a corporation, is or are of good character and reputation, and the premises where the retail food establishment is to be located are proper and suitable from a sanitary standpoint, the Mayor shall upon payment of the license fee hereinafter fixed, issue a license in accordance with such application.
(C) For the purpose of this section, retail food establishments are divided into the following classes, and the person, firm or corporation establishing, maintaining or operating any retail food establishment, as here classified, shall procure a license and pay a license fee annually for such establishment as follows:
(1) Class 1. This class shall include grocery stores, fruit stands and stores, berry stands and stores, candy and nut stores, vegetable stands and stores, confectionery stores, and all other retail food establishments which handle food products but do not sell fresh meats, fish, poultry or game, or any meat products or meat preparations other than such as are contained and sold in cans, folders, boxes, cartons or similar containers. The annual license fee for this class shall be $15.
(2) Class 2. This class shall include meat markets, poulterers', fish mongers' shops, establishments operating on the self-help basis, where the buyer helps himself or herself to his or her purchases without a clerk. The annual license fee for this class shall be $15.
(3) Class 3. This class shall include establishments which handle food products and also sell fresh meats, fish, poultry, or game, and shall also include all other retail food establishments not falling under Class 1 or 2 or falling within both classes. The annual license fee for this class shall be $25.
(D) The Mayor may revoke such license at any time by notice in writing whenever it shall appear from the recommendation of the City Health Officer or otherwise, that the licensee has violated the provisions of any law of the state or of any ordinances of the city relating to the carrying on of the business named in the license.
(E) It shall be the duty of every person, firm or corporation establishing, maintaining or operating a retail food establishment to keep the floors, walls, pillars, partitions, ceilings, receptacles, refrigerators, implements and machinery of every such establishment, and all carts, trucks, vehicle and containers used for the transportation of food, in a clean and sanitary condition. For the purposes of the enforcement of this section unclean and insanitary conditions shall be deemed to exist if the food in the process of production, preparation, manufacture, packing, storing, sale, distribution, or transportation is not adequately protected from flies, vermin, dogs, eats, rats, dust, dirt and from other foreign or injurious contamination; or, if refuse, dirt, or waste products subject to decomposition and fermentation are not removed daily; or if the trucks, trays, boxes, buckets or other receptacles, or the refrigerators, racks, tables, counters, cases, shelves, or the knives, saws, cleavers, or other utensils, or the machinery used in handling, cutting, chopping, or mixing, canning or other processes are not clean, or if the clothing of operatives or other persons employed in the handling of food is unclean, or if no adequate toilet facilities, soap or clean towels are provided for employees handling foods.
(F) (1) Meat and other foods, except when in storage or refrigerator rooms shall not be placed directly on the floor unless kept in suitable containers. All racks on which meat is laid or hung shall be made of smooth, hard material, constructed so that they can be readily cleaned. Floor racks and the openings of boxes or containers must be at least six inches above the level of the floor.
(2) All machinery, containers and utensils must be cleaned at least once each day with hot water and soap or suitable washing powder and shall be kept covered when not in use.
(3) Meat that has fallen on the floor shall not be used for food products unless such meat has been trimmed or cleaned sufficiently to remove all contamination.
(4) No operative, employee, or other person shall expectorate on the utensils, apparatus or on the floors or side walls of any building, room, basement or cellar where the production, preparation, manufacture, packing, storing, or sale of any food product is conducted. Operatives, employees, clerks and all persons who handle candy, bakery goods, meat and similar foods, or who are engaged in the making or preparation of foods shall wash their hands thoroughly in clean water before beginning work, or after visiting the toilet.
(5) 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 retail food establishment and any person so affected shall be liable to the penalty herein provided in ease he or she works in any retail food establishment while so affected.
(6) No retail food establishment shall be maintained in any building in which horses, mules or cows are kept or stabled; unless such establishment is entirely separated by a tight wall from the portion of any such building in which horses, mules or cows are kept or stabled. The immediate vicinity of all food establishments shall be kept free from the accumulation of rubbish, garbage, manure or any other putrefying, decomposing, infectious, or bad smelling substances.
(G) It shall be unlawful for any person, firm or corporation to use in any retail food establishment, or to bring into or keep in the same with the intention of selling, any food, condiment, confection or drink which is unclean, unwholesome, tainted, putrid, decayed, adulterated, poisoned, infected or in any other manner rendered unsafe or unwholesome for human food. For the purpose of this section such food products shall be deemed unwholesome for human food if the same have been contaminated by flies or other insects, vermin, dust, dirt or other foreign contamination; if they contain any poisons or deleterious or injurious ingredients in kind and quantities so as to render such articles injurious or detrimental to health; or if they contain the whole or part of any uninspected and unpassed meat or meat-food products or if such articles are or have been submerged in brine or other solutions which are unclean, sour, putrid, spoiled, or contaminated.
(H) The City Health Officer shall make regular inspection of all retail food establishments licensed under the provisions of this section to ascertain whether the provisions of this section or of any of the ordinances of the city relative to the conduct of such establishment are being violated, and he or she shall make report of any violation thereof to the Mayor.
(Ord. 1612, passed 5-6-2003) Penalty, see § 113.99