(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
WHOLESALE FOOD ESTABLISHMENTS.
Any building, room, enclosure, place or establishment used for the preparation, manufacture, canning, bottling, packing, distribution, selling, offering for sale, or keeping with the intention of selling, or distributing, at wholesale, any article of food confection, condiment or drink, including soft drinks and carbonated beverages, used or intended for human consumption or any article which is the ingredient of or is used for or is mixed with or enters into the composition of any such food, confection, condiment or drink.
(B) No person, firm or corporation shall establish, maintain or operate any wholesale food establishment without first having obtained a license as hereinafter provided.
(C) Any person, firm or corporation desiring a license to establish, maintain or operate a wholesale food establishment shall make written application for a license so to do, which shall conform to the general requirements of this section relative to applications for licenses and shall set forth the location of the premises where such wholesale 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 wholesale 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 premises where the wholesale food establishment is to be located are proper and suitable from a sanitary standpoint the Mayor shall upon the payment of the license fee hereinafter fixed issue a license in accordance with such application.
(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 licensed.
(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, vehicles, and containers used for the transportation of food, in a clean and sanitary condition. For the purpose of the enforcement of this section, unclean and unsanitary conditions shall be deemed to exist if the food in the process of production, preparation, manufacture, packing, storing, selling, distribution, or transportation is not adequately protected from flies, vermin, dogs, cats, 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, bottling 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 food.
(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 wholesale food establishment and any person so affected shall be liable to the penalty herein provided in case he or she works at any wholesale food establishment while so affected.
(G) No wholesale 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 wholesale food establishments shall be kept free from the accumulation of rubbish, garbage, manure or any other putrifying, decomposing, infectious, or bad-smelling substances.
(H) It shall be unlawful for any person, firm or corporation to use in any wholesale food establishment or to bring into or keep in the same, any article of food or drink which is unclean, unwholesome, tainted, putrid, decayed, adulterated, 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; or 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.
(I) The City Health Officer shall make regular inspection of all wholesale 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 violations thereof to the Mayor.
(J) Any person, firm or corporation establishing, maintaining or operating any wholesale food establishment shall pay an annual license fee of $50.
(Ord. 1612, passed 5-6-2003) Penalty, see § 113.99