PART ELEVEN - HEALTH AND SANITATION CODE
Art. 1113.  Food Handling Establishments.
Art. 1119.  Infectious Medical Waste.
Art. 1135.  Trailers and Trailer Camps.
ARTICLE 1113
Food Handling Establishments
1113.01   Definitions.
1113.02   License required; fee;  issuance; term.
1113.03   Certificate of approval.
1113.04   Revocation.
1113.05   Appeals.
1113.06   State regulations adopted.
1113.07   Inspections.
1113.08   Enforcement.
1113.99   Penalty.
 
CROSS REFERENCES
Authority to regulate - see W. Va. Code 8-12-5(12)
Restaurants - see W. Va. Code Art. 16-6
Pure food and drugs - see W. Va. Code Art. 16-7
Business and occupation tax - see BUS. & TAX. 757.05
 
1113.01  DEFINITIONS.
   For the purposes of this article, the terms "food handling establishment" and "restaurant" mean all places of business and establishments or any place, structure, premises or vehicle, or any part thereof, in which any food products intended or sold for human consumption are manufactured or prepared by any manner or means whatsoever, or which any food products intended for human consumption are stored, served, sold, offered or displayed for sale.  Such terms are hereby defined to include, but are not limited to, every restaurant, café, hot dog stand, barbecue stand, tearoom, cafeteria, dining room, tavern and grill.
(1967 Code §17-1)
1113.02  LICENSE REQUIRED; FEE; ISSUANCE; TERM.
   No person shall own or operate any food handling establishment or restaurant, as defined by Section 1113.01 and engage in business within the territorial limits of the City without first having obtained a license therefor. Such license shall be issued by the City Clerk, upon payment of a fee of ten dollars and fifty cents ($10.50) and presentation of the certificate of approval referred to in Section 1113.03 and shall be subject to revocation as provided by Section 1113.04. The license period shall be for one year  beginning July 1 and ending the following June 30.
(1967 Code §17-2)
1113.03  CERTIFICATE OF APPROVAL.
   No license to operate a food handling establishment or restaurant shall be issued to any person before such person has obtained and filed with the City Clerk a certificate of approval of his establishment and place of business stating that the same complies with the regulations governing the sanitation of food handling establishments passed and adopted by the State Board of Health. (1967 Code §17-3)
1113.04  REVOCATION.
   If after an inspection is made, as provided for by Section 1113.07, the Health Officer determines that the regulations governing the sanitation of food handling establishments, as passed by the State Board of Health, are being violated or in the event that the Health Officer finds after such inspection that any one of such regulations is being violated, then the license of such food handling establishment or restaurant shall immediately be revoked. Upon receipt of such finding of the Health Officer, the City Clerk shall cause to be served upon the person operating such offending food handling establishment or restaurant in the City, notice that his license is revoked.
(1967 Code §17-4)
1113.05  APPEALS.
   Appeals from rulings or decisions of the Health Officer under the provisions of this article shall be to Council in every case resulting in a revocation of license.
(1967 Code §17-5)
1113.06  STATE REGULATIONS ADOPTED.
   The regulations adopted by the State Board of Health under the provisions of West Virginia Code 16-1-7 and 16-6-2 and insofar as the same are applicable, are hereby adopted as and shall be the regulations governing food handling establishments and restaurants as defined by this article. The inspections and examinations therein provided for shall be made by the Health Officer. (1967 Code §17-6)
1113.07  INSPECTIONS.
   All licensees who are issued licenses under the provisions of this article shall be subject to inspection under the supervision of the Health Officer at all times during business hours.
(1967 Code §17-7)
1113.08  ENFORCEMENT.
   It shall be the duty of the Health Officer and he shall have complete authority to enforce the provisions of this article.
(1967 Code §17-8)
1113.99  PENALTY.
   (EDITOR'S NOTE: See Section 101.99 for general Codified Ordinances penalty.)