CHAPTER 13.
Food and Food Establishments.[136]
Article I. In General.
§ 13-1. Protection from flies, dust and dirt; exposing on street or sidewalk.
§ 13-2. Spoiled, diseased, adulterated or misbranded foodstuffs.
§ 13-3. Vegetables grown on soil impregnated with human excrement.
§ 13-4. Handling and sale of meats, fowl, etc.; permit to sell meat not inspected
at abattoir.
§ 13-5. Wrapping bakery products.
Article II. Food Establishments.
§ 13-6. Definitions.
§ 13-7. Permit to operate restaurant.
§ 13-8. Employee's permit.
§ 13-9. Examination of food or drink; condemnation.
§ 13-10. Health officer to enforce article; inspections.
§ 13-11. Notification of disease.
§ 13-12. Procedure when infection suspected.
§ 13-13. Floors.
§ 13-14. Walls and ceilings.
§ 13-15. Lighting.
§ 13-16. Ventilation.
§ 13-17. Toilet facilities; posting handwashing signs.
§ 13-18. Water supply.
§ 13-19. Personal cleanliness of employees; washing hands, etc.
§ 13-20. Handwashing facilities for employees.
§ 13-21. Screens; self-closing doors, etc.
§ 13-22. Construction of utensils and equipment.
§ 13-23. Washing and bactericidal treatment of utensils.
§ 13-24. Storing and handling utensils; single-service utensils.
§ 13-25. Disposal of wastes.
§ 13-26. Refrigeration.
§ 13-27. Milk and cream.
§ 13-28. Storage and display of food and drink; animals and fowl;
flies.
§ 13-29. Cleanliness generally; use of rooms for domestic purposes;
dressing rooms; soiled linen, etc.
§ 13-30. Materials used for cleaning or polishing utensils.
§ 13-31. Tables, shelves and napkins.
§ 13-32. Vermin and rodent control methods.
§ 13-33. Penalty; revocation of permit.
Article I. In General.
Sec. 13-1. Protection from flies, dust and dirt; exposing on
street or sidewalk.
Food in the process of manufacture, preparation and packing
and when stored, on sale or offered for sale shall be
securely protected from flies, dust and dirt. Food ready for
consumption without further preparation, maintained or offered
for sale or exchange, shall be covered by some permanent
means, such as glass, wood, metal or other suitable
materials, in such manner or means as to adequately protect
the same from dirt, dust and other contamination. The use
of newspaper, old sacks, unclean paper or any paper that
has been formerly used as an outside or inside wrapping for
articles of food is hereby prohibited. No food, meat or other
food article shall be exposed on the sidewalks or streets,
except as may be necessary in transporting from one place
to another. (Code 1959, § 13-1.)
Sec. 13-2. Spoiled, diseased, adulterated or misbranded foodstuffs.
Whenever any health officer, sanitary officer, police officer
or other officer of the joint health board shall find in any
food establishment or other place any rotten, diseased, unwholesome,
adulterated or misbranded foodstuffs, substances
or articles intended for human food or drink, it shall
be the duty of such officer to notify the owner, manager or
person in charge of such articles to remove such foodstuffs
or articles to some proper place and destroy the same in the
presence of such officer, or such officer may seize such foodstuffs
or articles and destroy them; provided, that such officer
may retain any amount desired for examination or use
as evidence in any prosecution under this section. All containers
in which spoiled food has been placed shall be thoroughly
cleansed before a second use. (Code 1959, § 13-2.)
Sec. 13-3. Vegetables grown on soil impregnated with human
excrement.
It shall be unlawful for any person, after notification by
the health officer, to offer for sale or sell vegetables that have
grown on soil that has been impregnated or fertilized with
human excrement, within a period of twelve months from the
time of such fertilization. (Code 1959, § 13-3.)
Sec. 13-4. Handling and sale of meats, fowl, etc.; permit to
sell meat not inspected at abattoir.
All beef, pork, mutton, goat, poultry, fish, oysters and
shellfish, and other meats offered for sale, shall be subject to
inspection by a proper representative of the joint health department,
which shall have power to condemn any such
meats or fowl unfit for human consumption. It shall be unlawful
for any person engaged in the sale of meats and other
foodstuffs to permit meat articles of food which are of such
nature that they may be defiled or polluted by handling to be
exposed for sale in such manner that they may be handled
by prospective purchasers or others by whom such handling
is not necessary. Meats, meat products or other foodstuffs
shall not be brought into, transported or sold in the city
unless properly covered and adequately protected against
pollution, flies, dust, dirt, etc. Meats, meat products, fish and
shellfish on sale, or in storage, shall be kept refrigerated or
in iced containers. Any person selling or offering for sale any
beef, pork, mutton or goat which has not been killed and inspected
at an abattoir approved by the health officer, shall
first obtain a permit from the joint health department. Such
meat and all animals to be slaughtered, and the premises
where slaughtered, shall at all times be subject to inspection
by a representative of the joint health department. It shall
be unlawful for any person knowingly to sell or offer for sale
any part of the carcass of a diseased animal unless approved
by an accredited veterinarian. Any person violating any
provision of this section shall, in addition to any penalty imposed
pursuant to section 1-5, have his permit revoked. (Code
1959, § 13-4.)
Sec. 13-5. Wrapping bakery products.
All breads, rolls, biscuits, cakes and pies and all other
baked goods sold, exchanged or delivered in the city shall be
closely wrapped in a clean paper or otherwise protected against
pollution, flies, dirt, etc., before leaving the bakery; provided,
that the provisions of this section shall not apply to hotels,
restaurants, boardinghouses or other places where bread is
made for their own use. (Code 1959, § 13-5.)
Article II. Food Establishments.[137]
Sec. 13-6. Definitions.
As used in this article, the following words and phrases
shall have the meanings respectively ascribed to them in this
section:
Eating, drinking and cooking utensils. Any kitchenware,
tableware, cutlery, containers or other equipment with which
food or drink comes in contact during storage, preparation
or serving.
Employee. Any person who handles food or drink during
preparation or serving or who comes in contact with any
eating or cooking utensils or who is employed at any time in
a room in which food or drink is stored, prepared or served.
Health officer. The director of health activities of the city
or his authorized representative.
Other food establishments. All places that manufacture,
pack, store, sell or distribute food or food products and beverages,
that are not eating or drinking establishments.
Restaurant. A restaurant, coffee shop, cafeteria, short-order
cafe, luncheonette, hotel dining room, tavern, sandwich
shop, soda fountain, vending truck selling food or ice cream
or other similar frozen desserts to the consumer and all other
eating and drinking establishments.
Unwholesome food. "Unwholesome food" shall mean any
food or drink not fit for human consumption. (Code 1959,
§ 13-6; 6-4-62.)
Sec. 13-7. Permit to operate restaurant.
It shall be unlawful for any person to operate a restaurant
in the city who does not possess an unrevoked permit from
the health officer and in whose place of business such permit
is not posted in a conspicuous place, and no license to operate
a restaurant shall be issued by the commissioner of revenue
until a health department permit is presented by the operator
or proprietor. Persons who meet the requirements of this
article shall be entitled to receive and retain such a permit
or to secure a license to operate.
The fee to be charged for such permit shall be one dollar.
(Code 1959, § 13-7.)
Sec. 13-8. Employee's permit.
It shall be unlawful for any employee to work in a restaurant
or other food establishment without first securing a permit
from the joint health board. To obtain such permit, the
employee shall furnish such information and laboratory specimens
and submit to such physical examination as the joint
health board may require, and receive instructions on personal
hygiene and an explanation of the provisions of this
article. Each permit shall remain in force until revoked for
cause. (Code 1959, § 13-8.)
Sec. 13-9. Examination of food or drink; condemnation.
Samples of food and drink may be taken and examined by
the joint health board as often as it deems necessary for the
detection of unwholesomeness. The joint health board may
condemn, remove and destroy any food or drink which it
deems unwholesome. (Code 1959, § 13-9.)
Sec. 13-10. Health officer to enforce article; inspections.
The health officer appointed by the joint health board is
hereby made responsible for the enforcement of this article.
Inspections shall be made as frequently as deemed necessary
by the health officer.
One copy of the inspection report shall be retained by the
establishment and another copy shall be filed with the records
of the joint health board. (Code 1959, § 13-10.)
Sec. 13-11. Notification of disease.
Notice shall be sent to the joint health board immediately
by the owner or manager of a restaurant or other food establishment,
or by the employee concerned, if the manager or
any employee or any member of his respective household contracts
any infectious, contagious or communicable disease or
has a fever, a skin eruption, a cough lasting more than three
weeks or any other suspicious symptom. It shall be the duty
of any such employee to notify the owner or manager of the
restaurant or other food establishment immediately when any
of such conditions exist. If neither the manager nor the employee
concerned notifies the joint health board immediately
when any of such conditions exist, they shall be held jointly
and severally to have violated this section. (Code 1959, §
13-11.)
Sec. 13-12. Procedure when infection suspected.
When suspicion arises as to the possibility of transmission
of infection from an employee of any restaurant or other food
establishment, the joint health board is authorized to require
any or all of the following measures:
(1) The immediate exclusion of the employee from all restaurants
or other food establishments.
(2) The immediate closing of the restaurant or other food
establishment concerned until no further danger of disease
outbreak exists, in the opinion of the joint health board.
(3) Adequate medical examinations of the employee and
of his associates, with such laboratory examinations as may
be indicated. (Code 1959, § 13-12.)
Sec. 13-13. Floors.
The floors of all restaurants and other food establishments
shall be of such construction as to be easily cleaned, shall be
smooth and shall be kept clean and in good repair. (Code
1959, § 13-13.)
Sec. 13-14. Walls and ceilings.
Walls and ceilings of all restaurants and other food establishments
shall be kept clean and in good repair, finished in
light color and have a smooth, washable surface up to the
level reached by splash or spray. (Code 1959, § 13-14.)
Sec. 13-15. Lighting.
If lighting of window space is less than ten per cent of the
floor area, its equivalent in artificial light shall be provided.
(Code 1959, § 13-15.)
Sec. 13-16. Ventilation.
All restaurants and other food establishments shall be well
ventilated. Exhaust fans and metal hoods over ranges,
equipped with ventilators, must be provided when necessary
to prevent odors and condensation and to promote cleanliness.
(Code 1959, § 13-16.)
Sec. 13-17. Toilet facilities; posting handwashing signs.
Adequate, approved toilet facilities must be provided for
employees. Toilets must be constructed and maintained in
accordance with the rules and regulations of the state health
department.
Toilets shall be entirely separate and apart from any room
used for the manufacture, storage or handling of food products.
Flush toilets used in any restaurant or other food establishment
shall be provided with tight, self-closing doors, all
new construction shall be vestibuled and the toilet room shall
be ventilated by means of a window or flue leading to the outside.
All flush toilets shall be connected to an approved sewer
system or provided with a properly constructed septic tank.
Walls, floors, seats and commodes shall be clean and a supply
of toilet paper must be provided.
Handwashing signs shall be posted in each toilet room used
by employees. (Code 1959, § 13-17.)
Sec. 13-18. Water supply.
Any water supply used at a restaurant or other food establishment
shall be properly located, constructed, operated and
shall be easily accessible, adequate, and of a safe, sanitary
quality. (Code 1959, § 13-18.)
Sec. 13-19. Personal cleanliness of employees; washing hands,
etc.
All employees shall observe a high standard of personal
cleanliness and they shall be constantly supervised in this
respect by the employer. The hands of all employees shall
be washed thoroughly with soap and water after visiting the
toilet. Employees, such as clerks, waiters, cooks, etc., shall
keep their hands away from the mouth and nose and wash
their hands immediately with soap and water should they
become contaminated with oral or nasal secretions. Employees
shall keep fingernails short and clean.
All employees shall wear clean outer garments and shall
keep their hands clean at all times while engaged in handling
food, drink, utensils or equipment. (Code 1959, § 13-19.)
Sec. 13-20. Handwashing facilities for employees.
Adequate handwashing facilities shall be provided for employees
and shall include running hot and cold water, or a
suitable vessel and an adequate supply of clean water, soap
and a clean individual towel for each employee. (Code 1959,
§ 13-20.)
Sec. 13-21. Screens; self-closing doors, etc.
All openings to the outer air shall be effectively screened
and doors shall be self-closing and open outward, unless other
effective means are provided to prevent the entrance of flies.
(Code 1959, § 13-21.)
Sec. 13-22. Construction of utensils and equipment.
All eating and cooking utensils and all show and display
cases or windows, counters, shelves, tables, refrigerating
equipment, sinks and other equipment or utensils used in connection
with the operation of a restaurant or other food establishment
shall be constructed as to be easily cleaned and
shall be kept clean and in good repair. (Code 1959, § 13-22.)
Sec. 13-23. Washing and bactericidal treatment of utensils.
Adequate facilities shall be provided and maintained for
the washing, rinsing and bactericidal treatment of all eating
and drinking utensils, each to be a separate and distinct
operation requiring a minimum of a three compartment sink.
Adequate facilities for heating water for cleaning must be
provided. An approved washing powder must be used. A
sufficient number of dish baskets must be provided.
Either hot water or chlorine chemicals shall be used for the
bactericidal treatment of eating and drinking utensils. Utensils
must be submerged in hot water at one hundred seventy
degrees Fahrenheit, or more, for at least two minutes, or
submerged in a chlorine solution containing not less than
fifty parts per million of residual chlorine for at least two
minutes. (A solution containing one hundred parts per million,
or more, is recommended.)
The practice of drying eating and drinking utensils with a
towel shall not be permitted.
In establishments where only beverages and ice cream are
served, cold water washing of glassware and silver may be
approved, if thorough and effective.
The above requirements apply to manual dishwashing
methods. Where dishwashing machines are used, the operation
of the machine, the temperature of wash and rinse waters
and the retention period of dishes in the machine shall meet
the approval of the joint health board.
Nothing contained under this section shall be construed as
disbarring any other process which has been demonstrated as
of at least equal efficiency and is approved by the joint health
board. (Code 1959, § 13-23.)
Sec. 13-24. Storing and handling utensils; single-service utensils.
After bactericidal treatment, no utensils shall be stored
except in a clean, dry place protected from flies, dust or other
contamination. No utensil shall be handled except in such
manner as to prevent contamination as far as practicable.
Single-service utensils shall be purchased only in sanitary
containers and shall be stored therein in a clean, dry place
until used. (Code 1959, § 13-24.)
Sec. 13-25. Disposal of wastes.
All wastes shall be properly disposed of and all garbage
and trash shall be kept in suitable covered receptacles, in
such manner as not to become a nuisance.
Drain and waste pipes from floors, wash sinks, soda fountains,
iceboxes, etc., must be of sufficient size, well trapped
and in a good state of repair. (Code 1959, § 13-25.)
Sec. 13-26. Refrigeration.
Refrigerators, iceboxes, etc., shall be of adequate size to
store all perishable food, constructed of materials that will
permit thorough cleaning, shall be properly drained and ventilated,
shall be equipped with a thermometer and shall be
kept at a temperature of fifty degrees Fahrenheit, or lower,
at all times, except during periods of defrosting. Floors,
walls, ceilings, racks, hooks, pipes, etc., shall be kept clean.
Drains from iceboxes shall not be connected directly to a
sewer but shall drain into an open fixture. (Code 1959, §
13-26.)
Sec. 13-27. Milk and cream.[138]
Only graded milk or cream shall be used or served in a food
establishment. Official placards, stating the grade of milk
served, whether pasteurized or raw, shall be displayed in a
place designated by the health officer. (Code 1959, § 13-27.)
Sec. 13-28. Storage and display of food and drink; animals
and fowl; flies.
All food and drink shall be so stored and displayed as to be
protected from dust, flies, vermin, handling, droplet infection,
overhead leakage and other contamination. No animals
or fowl shall be kept or allowed in any room in which food
or drink is prepared or stored. All means necessary for the
elimination of flies shall be used. (Code 1959, § 13-28.)
Sec. 13-29. Cleanliness generally; use of rooms for domestic
purposes; dressing rooms; soiled linen, etc.
The surroundings of all restaurants and other food establishments
shall be kept clean and free of litter or rubbish.
None of the operations connected with a restaurant shall be
conducted in any room used for domestic purposes. Adequate
lockers or dressing rooms shall be provided for employees'
clothing. Soiled linens, coats and aprons shall be kept in containers
provided for this purpose. (Code 1959, § 13-29.)
Sec. 13-30. Materials used for cleaning or polishing utensils.
No articles, polish or other substance containing any cyanide
preparation or other poisonous material shall be used for
the cleansing or polishing of eating or cooking utensils.
(Code 1959, § 13-30.)
Sec. 13-31. Tables, shelves and napkins.
All tables must be properly constructed of materials that
can be thoroughly and easily cleaned. All the table tops must
be of nonabsorbent material when deemed necessary by the
health officer. Table tops must be free of unnecessary articles.
Table covers, napkins, etc., must be clean and all shelves shall
be clean, free of unnecessary articles and neatly arranged. All
napkins shall be discarded or laundered after each usage. (Code
1959, § 13-31.)
Sec. 13-32. Vermin and rodent control methods.
Methods used for the control of vermin and rodents shall be
effective at all restaurants and other food establishments. (Code
1959, § 13-32.)
Sec. 13-33. Penalty; revocation of permit.
Any person who violates any provision of this article shall be
punished as provided in section 1-5. Each violation of the
provisions of this article shall constitute a separate offense. In the
case of two offenses, the permit herein required may be revoked
by the health officer. (Code 1959, § 13-33.)
