Chapter 8.12 FOOD HANDLING ESTABLISHMENTS

A. “Food handling establishment” means and includes every bakery, confectionery, cannery, packing house, slaughterhouse, grocery, meat market, vegetable or fruit stand, public eating place and every other place within the city used for the production, preparation for sale or distribution of any food or beverage.

B. “Food or beverage” includes all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof for human consumption.

C. “Health officer” means the health officer of the city and his duly authorized agent.

D. “Operator” and/or “employee” means any person or owner engaged in the dispensing of, or assisting in the preparation of food or beverages, or any person otherwise employed in a food handling establishment. The term “owner” or “owners” means those persons, partnerships or corporations who are financially interested in the operation of a food handling establishment.

E. “Public eating place” means and includes every restaurant, public school and private school lunchroom, soda fountain, buffet, grill room, lunch counter, sandwich stand, dining room, coffee shop, public boardinghouse, hotel, club, tavern, cocktail lounge, Veterans club, cafeteria operated by any political subdivision, and every other place where food or beverage is prepared or sold, to be consumed on the premises, and all kitchens, commissaries, and other rooms appurtenant thereto or connected therewith.

F. “Utensils” includes kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles, or other equipment used for the storage, preparation, distribution, or serving of food or drink. (Ord. 90 § 1 (A--H), 1963: prior code § 15000 (part))

8.12.020 Mobile food dispensing units.

Mobile food dispensing units, catering trucks, food peddling vehicles of all types, and other similar type movable units in which food or beverage is sold, offered for sale, or dispensed to the general public from a parked vehicle within the city shall conform with the rules and regulations as may be formulated pursuant to Section 8.12.360. (Ord. 90 § 1(I), 1963: prior code § 15000(A))

8.12.030 Outdoor concessions and itinerant public eating places.

All outdoor concessions and itinerant public eating places established on fairgrounds, carnivals, fiestas, and other celebrations within the city shall conform with rules and regulations as may be formulated pursuant to Section 8.12.360. (Ord. 90 § 1(J), 1963: prior code § 15000 (B))

8.12.040 Food and beverage vending machines.

Food and beverage vending machines and their operation shall be regulated in accordance with the rules and regulations as may be formulated pursuant to Section 8.12.360. (Ord. 90 § 1(K), 1963: prior code § 15000(C))

8.12.050 Permit-application-required.

Any person now operating a food handling establishment without a permit, or any person intending to operate any food handling establishment, shall make an application to the health officer upon a form provided by the health officer, giving the names of the owner or owners, manager or managers thereof, and such other information as the health officer may require for the administration of this chapter and the laws of the state. (Ord. 90 § 25(A) (part), 1963: prior code § 15024(A) (part))

8.12.060 Permit-application-inspection of premises.

Following receipt of such application by the health officer, he shall make or cause to be made an inspection of the premises, and if the provisions of this chapter, the rules and regulations of the health officer, health laws of the state, and the rules and regulations of the State Department of Public Health have been complied with, he shall so certify that fact to the applicant and within ten days issue a permit to operate. If the food handling establishment does not conform to the provisions of this chapter, or the rules and regulations of the health officer or the laws of the state, or the rules and regulations of the State Department of Public Health, the health officer shall not issue a permit. (Ord. 90 § 25(A) (part), 1963: prior code § 15024(A) (part))

8.12.070 Permit-certificate of approval.

The certificate of approval issued by the health officer shall be considered the permit to operate under the provisions of this chapter. No permit to operate such place of business shall be issued to any person until all of the provisions of this chapter, the rules and regulations of the health officer, the health laws of the state, and the rules and regulations of the State Department of Public Health as well as all other ordinances of the city in relation to proper location, construction, and equipment of food handling establishments shall have been complied with. Any permit issued under these provisions shall not be transferable to any other person or any other location. No permit shall be valid for a longer period than ten days following date of its issue unless the operator, owner or manager procures a license from the license collector to operate such place of business. The license collector shall issue no license to operate a food handling establishment, as defined in this chapter, until a permit or certificate of approval shall have been issued by the health officer. The application for a permit to operate a food handling establishment when countersigned by the health officer, recommending a permit be issued to the applicant, shall be the certificate of approval. (Ord. 90 § 25(B), 1963: prior code § 15024(B))

8.12.080 Permit-suspension or revocation.

A. Any permit issued pursuant to the provisions of this chapter may be suspended or revoked by the health officer for a violation of the provisions of this chapter, or any health law of the state, or any rule or regulation of the health officer; provided, however, that a permit shall not be suspended or revoked until a hearing upon written notice of the hearing shall have been held by the health officer. Written notice to the permittee shall be served upon the permittee either by personal delivery to the person to be notified, or by deposit in the United States Mail in a sealed envelope, postage prepaid, addressed to such person to be notified at his last known business or residence address as the same appears in the records of the health department at the City Hall in the city. The notice shall state:

1. The grounds for complaint or reasons for the proposed revocation or suspension in clear and concise language;

2. The time when and the place where the hearing is to be held.

B. Such notice shall be served or given to the permittee at least ten and not more than fifteen days prior to the date set for the hearing.

C. After conducting the hearing and a finding of cause for revocation or suspension of the permit as provided in this section, the health officer may suspend or revoke the permit upon such terms and conditions as, in the exercise of a reasonable and sound discretion, he shall determine, or may dismiss the proceedings. (Ord. 90 § 25(C), 1963: prior code § 15024(C))

8.12.090 Permit - appeal of suspension or revocation.

Any person whose permit is revoked or suspended pursuant to the provisions of this Chapter may appeal by filing a request for a hearing of such appeal with the City Clerk within ten (10) days after the decision of the health officer that such permit be suspended or revoked. Such hearing shall be set and conducted pursuant to section 21.03.060. The hearing officer may at such hearing sustain, reverse or modify the decision of the health officer representing the suspension or revocation of such permit. The decision of the hearing officer shall be final. (Ord. 2006-07, Amended, 06/06/2006; Ord. 90 § 25(D), 1963: prior code § 15024(D))

8.12.100 Permit-unlawful to operate without.

It is unlawful for any person controlling, leasing, acting as agent for, conducting, operating, or managing any food handling establishment within the city to conduct or operate, or cause or permit to be conducted or operated, such food handling establishment without a permit to operate the same, or during the time of suspension of such permit, or after the revocation of such permit, notwithstanding the fact that such person holds a valid license from the city to conduct such business. (Ord. 90 § 26, 1963: prior code § 15025)

8.12.110 Review of plans prior to building permit issuance.

No building permit shall be issued for the construction or alteration of a building intended for a food handling establishment until the plans have been reviewed and approved by the health officer, or his duly authorized agent charged with the enforcement of the provisions of this chapter. (Ord. 90 § 1(L), 1963: prior code § 15000(D))

8.12.120 Size and floor space.

Buildings for housing any food handling establishment shall be of sufficient size and floor space to allow for the maintenance of proper sanitation after equipment is installed. (Ord. 90 § 2(B), 1963: prior code § 15001(B))

8.12.130 Floors.

The floors of all rooms in which food or beverage is stored, prepared, or handled, or in which utensils are washed, shall be kept clean and in good repair. The floors of all rooms in which food or beverage is prepared or utensils washed shall have a smooth, washable surface. (Ord. 90 § 2(A), 1963: prior code § 15001(A))

8.12.140 Walls and ceilings.

The walls and ceilings of all rooms in which food or beverage is stored, prepared or handled shall be kept clean and in good repair. The walls and ceilings of all rooms in which food or beverage is prepared or utensils washed shall have a smooth washable surface. (Ord. 90 § 3, 1963: prior code § 15002)

8.12.150 Fly control.

All openings into the outer air from food handling establishments shall be effectively screened and doors shall be self-closing unless other effective means approved by the health officer are provided to prevent the entrance of flies. (Ord. 90 § 4, 1963: prior code § 15003)

8.12.160 Lighting.

All rooms in which food or beverage is stored, prepared or served or in which utensils are washed shall be well lighted. (Ord. 90 § 5, 1963: prior code § 15004)

8.12.170 Ventilation.

All rooms in which food or beverage is stored, prepared or served or in which utensils are washed shall be well ventilated. (Ord. 90 § 6, 1963: prior code § 15005)

8.12.180 Water supply.

Hot and cold running water under pressure shall be accessible to all rooms in which food or beverage is prepared or utensils are washed. The water supply shall be adequate and of a safe, sanitary quality. (Ord. 90 § 7, 1963: prior code § 15006)

8.12.190 Toilet facilities.

A. Separate toilet facilities for each sex shall be provided convenient to the employees or operators on the premises of food handling establishments. In public eating places the toilet facilities shall also be provided convenient to the public.

B. Toilet rooms shall not be less than eighteen square feet and not less than three feet in width. Ante-rooms shall not be less than three feet in width.

C. Toilet rooms shall not open directly into any room in which food or beverage, or utensils are handled or stored. The doors of all toilet rooms and ante-rooms shall be self-closing.

D. Toilet rooms shall be ventilated to the outside air and effectively screened against insects and free from rodents.

E. Toilet room floors shall be of cement, tile, laid on cement, vitrified brick, other nonabsorbent material approved by the health officer. (Ord. 90 § 8, 1963: prior code § 15007)

8.12.200 Handwashing facilities.

A. Adequate and convenient handwashing facilities shall be provided within or adjacent to toilet rooms, including running hot and cold water, soap, and approved sanitary towels or any other method approved by the health officer in all food handling establishments. The use of a common towel is prohibited.

B. No employee or owner shall resume work in a food handling establishment after visiting the toilet without first washing his hands and legible signs shall be posted in each toilet room directing attention to this requirement. (Ord. 90 § 9, 1963: prior code § 15008)

8.12.210 Multiuse utensils, sinks, equipment.

All multiuse utensils and all show and display cases or windows, counters, shelves, tables, stoves, hoods, refrigerating equipment, utensils, or other equipment shall be kept clean and in good repair. All multiuse dishes and utensils shall be kept free of breaks, corrosion, open seams, cracks, and chipped places. All public eating places after the effective date of the ordinance codified in this chapter shall be provided with at least a three-compartment metal sink with metal drainboards, or an adequate dishwashing machine except where single-service eating and drinking utensils are used exclusively. All other food handling establishments shall be provided with metal sink or sinks with metal drainboards and shall be adequate and suitable for each such establishment. All stoves or ranges installed in public eating places after the effective date of the ordinance codified shall be at least twelve inches distance from the wall except where the hood and stoves or ranges are of one integral part or where the hood and back wall metal flashing are tightly soldered or sealed to the stove or range to prevent grease and dirt from accumulating behind them. The temperature of all foods retained in a steam table or food warmer shall be maintained at a minimum of one hundred fifty degree Fahrenheit. All steam tables shall be properly drained. (Ord. 90 § 10, 1963: prior code § 15009)

8.12.220 Dishwashing.

All except single-service eating and drinking utensils shall be thoroughly cleaned and then effectively subjected to one of the following approved bactericidal processes after each usage:

A. Immersion for at least one-half minute in clean, hot water at a temperature of at least one hundred eighty degrees Fahrenheit;

B. Immersion for at least two minutes in a chlorine bath containing at least one hundred p.p.m. at all times of available chlorine if hypochlorites are used, or a concentration of equal bactericidal efficiency if chloramines are used;

C. All chemicals and methods to be used in the sanitizing process for dishes, glasses, and eating utensils shall be of a type and of a use or method approved by the health officer;

D. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils. (Ord. 90 § 11, 1963: prior code § 15010)

8.12.230 Utensil storage.

After washing and bactericidal treatment, utensils shall be handled in such manner as to prevent contamination. They shall be stored in a clean place protected from flies, dust, and other contamination. Single service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean dry place until used, shall be handled in a sanitary manner, and shall be used only once. (Ord. 90 § 12, 1963: prior code § 15011)

8.12.240 Garbage and waste disposal.

All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable, leakproof, nonabsorbent receptacles covered with close-fitting lids. Garbage disposal units may be used for wet garbage. Receptacles into which waste products are emptied at frequent intervals shall not be required to have lids during such use. Such receptacles shall be thoroughly cleansed after emptying and before reuse. (Ord. 90 § 13, 1963: prior code § 15012)

8.12.250 Pure foods.

All food and beverage shall be clean, wholesome, free from spoilage, and be so prepared as to be safe for human consumption and shall comply with the provisions of the Health and Safety Code of the state relating to pure foods, adulteration and all portions pertaining thereto. (Ord. 90 § 14, 1963: prior code § 15013)

8.12.260 Refrigeration.

Refrigeration for all perishable food in a food handling establishment shall be constantly maintained at fifty degrees Fahrenheit or lower except when being prepared or served and refrigeration shall be of a capacity so as to eliminate congestion of food and to provide for rapid cooling of all goods stored. All refrigerators shall be kept in a clean condition and in good repair at all times and drains in all walk-in refrigerators and/or refrigerated display cases installed after the effective date of the ordinance codified in this chapter shall be connected by air gap separation with the sewer, the same to comply with the plumbing laws of the city. There shall be an accurate thermometer in each separate refrigeration unit. (Ord. 90 § 15, 1963: prior code § 15014)

8.12.270 Protection from contamination.

All food or beverage shall be so stored, displayed, dispensed, or served as to be reasonably protected from dust, dirt, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, or other contamination. (Ord. 90 § 16, 1963: prior code § 15015)

8.12.280 Animals.

No live animal, fowl, or aviary pets shall be kept or allowed in any room where food or beverage is prepared, stored, or served in any food handling establishment in any manner not approved by the health officer except that this section shall not apply to premises exclusively devoted to the slaughter of animals or fowl for food nor shall this section apply to dogs being used by the blind. (Ord. 90 § 17, 1963: prior code § 15016)

8.12.290 Rodents.

The premises of all food handling establishments shall be clean and free by all reasonable means of litter, rubbish, rodents, roaches, ants, flies, or other insects. (Ord. 90 § 18, 1963: prior code § 15017)

8.12.300 Living quarters.

No operation connected with the storage, sale, serving, or preparation of food or beverage in any food handling establishment shall be conducted in any room used as living or sleeping quarters. (Ord. 90 § 19, 1963: prior code § 15018)

8.12.310 Beds.

No couch, cot, bed, or other accessory which may be used for sleeping purposes shall be maintained or kept in any room in which food or beverage is stored, prepared, or handled. (Ord. 90 § 20, 1963: prior code § 15019)

8.12.320 Storage of clothing.

No owner or employee shall dress or undress in any room where food or beverage is prepared, sold or served. He shall not leave or store his clothing therein. A suitable room or space shall be provided where employees may change and store their outer garments. Soiled linens, coats and aprons shall be kept in containers provided for this purpose. (Ord. 90 § 21, 1963: prior code § 15020)

8.12.330 Cleanliness of employees.

All employees and owners while engaged in the preparation, sale or serving of food or beverage in any food handling establishment shall wear clean outer garments, shall keep their hands clean, and shall not expectorate or use tobacco in any form while so engaged. Female employees in a public eating place shall wear hair nets, caps, or other suitable covering which confine the hair. (Ord. 90 § 22, 1963: prior code § 15021)

8.12.340 Communicable disease.

No person shall be employed in any food handling establishment who, in the opinion of the health officer having jurisdiction, is affected with, or a carrier of, any disease in a stage which is likely to be communicable to persons exposed as a result of the affected employee’s normal duties of a food or beverage handler. (Ord. 90 § 23, 1963: prior code § 15022)

8.12.350 Investigation of infection.

When a complaint or information as to the possibility of the transmission of infection from any employee or owner is presented to the health officer, he shall investigate, and may, after investigation, require, in writing, any or all of the following measures:

A. The immediate exclusion of such employee or owner from the food handling establishment by the health officer;

B. The immediate closing of the food handling establishment until no further danger of disease outbreak exists in the opinion of the health officer;

C. Adequate medical examination of the owner, employee, and his coemployees, with such laboratory examination as may be indicated, or should such examination or examination be refused, then the immediate exclusion of the refusing owner, employee, or coemployee from that or any other food handling establishment until an adequate medical or laboratory examination shows that he is not affected with or a carrier of any disease in a communicable form. (Ord. 90 § 24, 1963: prior code § 15023)

8.12.360 Rules and regulations.

The health officer shall have the right to make reasonable rules and regulations governing the conduct of the food handling establishments as defined in this chapter for the purpose of enforcing the provisions of this chapter. For the purpose of this chapter, such rules and regulations and amendments thereto shall be effective only after approval of the city council. (Ord. 90 § 27, 1963: prior code § 15026)

8.12.370 Enforcement authority.

The health officer, and his duly authorized agents, is charged with the enforcement of the provisions of this chapter. (Ord. 90 § 28 (part), 1963: prior code § 15027 (part))

8.12.380 Right of entry for inspection.

The health officer, and his duly authorized agents, may at all reasonable times enter any food handling establishment to inspect the premises and utensils, implements, machinery, receptacles, fixtures, furniture, and other equipment, supplies, articles of food, operatives and employees therein. (Ord. 90 § 28 (part), 1963: prior code § 15027 (part))

8.12.390 Violation-penalty and public nuisance.

Any violation of the provisions of this chapter is unlawful and an offense, and is additionally declared a public nuisance. Each day that conditions or actions in violation of any provision of this chapter continue is deemed a separate and distinct offense. Such violations shall be prosecuted as provided by Chapter 21.01 of Title 21. (Ord. 2006-07, Amended, 06/06/2006; Ord. 92-04 § 12: Ord. 90 § 29, 1963)