A. Food Service Sanitation Ordinance Adopted:
1. The latest edition of the "Oklahoma State Department Of Health Rules And Regulations Pertaining To Food Service Establishments" is hereby adopted and incorporated in this subsection by reference. At least one copy of the regulations shall be on file in the office of the city clerk. The regulations shall govern the definitions; inspection of food service establishments; the issuance, suspension, and revocation of permits to operate food service establishments; the prohibiting of the sale of adulterated or misbranded food or drink and the enforcement of this subsection.
2. Any person who violates any of the provisions of this subsection shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in section 1-4-1 of this code. In addition thereto, any person convicted of violation may be enjoined from continuing the violation. (1985 Code § 8-201)
B. Definitions; Permit Requirements:
1. Definitions: For the purpose of this chapter, the following terms shall have the meanings respectively ascribed to them, as follows:
FOOD ESTABLISHMENT: Restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, snow cone stand, retail grocery store, and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
ITINERANT FOOD ESTABLISHMENT: One operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.
2. Permit Requirements; Fee; Exception:
a. It is unlawful for any person who does not possess a current and unrevoked permit from the city to operate a food establishment in the city.
b. Such permit shall be posted in a conspicuous place.
c. Only persons who comply with the requirements of this section shall be entitled to receive and retain such a permit.
d. Such permits are not transferable to another person or location.
e. Every person desiring a permit to operate a food establishment in the city shall make application for such permit to the city.
f. Upon approval of the application by the city manager or his designee such a permit may be issued by the city clerk.
g. There shall be a fee as set by the council per year, and each permit shall expire on June 30, next after the date upon which such permit is issued.
h. A person conducting an itinerant food establishment shall not be required to secure a permit.
3. Prohibited Acts: It is unlawful:
a. For any person who operates a food establishment in the city to hire, permit to be hired, or permit to work gratis, any person who does not possess a current and unrevoked permit approved by the city manager or his designee; and
b. For any person who does not have in his or her possession a current and unrevoked permit approved by the city manager or his designee, to work in any food establishment in the city.
C. Application For Permit:
1. Application for such a permit must be made to the city manager or his designee by such person.
2. Prior to approval of such application, the city manager or his designee shall instruct such person in the sanitation requirements of this section and in approved sanitation practices in food handling.
3. Upon approval of such application by the city manager or his designee, the city clerk shall issue the person such permit. The permit shall entitle such person to work in a food establishment during the calendar year for which the permit is issued.
4. The city manager or his designee is authorized to issue temporary permits permitting the applicants to work in a food establishment until the next regular course of instruction in sanitary practices of food handling is conducted; provided, that such temporary permits shall expire on the day above mentioned course of instruction begins unless the person takes the course, and in this case, it shall expire at the close of such course.
5. Before approval of applications for permits, the city manager or his designee may require such medical and laboratory examinations as he deems necessary to minimize the possibility of transmission of communicable disease.
6. The city manager or his designee may at any time revoke the permit of any employee in any food establishment for failure to comply with the provisions of this section, or for acts adversely affecting the health of the public. The permit may be reinstated only by the city manager or his designee. (1985 Code § 8-202; amd. 2007 Code)
D. Inspections:
1. At least once every six (6) months the city manager or his designee shall inspect every food establishment located within the city.
2. In case the city manager or his designee discovers the violation of any item of sanitation, 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 requirements of this section.
3. Any violation of the same items of this section on such second inspection shall call for immediate suspension of permit.
E. Revocation Of Permit: A permit for the operation of a restaurant may be temporarily suspended by the city manager upon violation by the holder of any of the terms of this section, or revoked after an opportunity for a hearing by the city manager or his designee upon serious or repeated violation. (1985 Code § 8-203; amd. 2007 Code)