Chapter 2
FOOD HANDLING
Sections:
6-2.01 Permit and inspection fee.
6-2.02 Exemptions from provisions.
6-2.03 Permit nontransferable.
6-2.04 Permit suspension and revocation: Appeals.
6-2.06 Food handler’s permit: Required.
6-2.07 Food handler’s permit: Revocation: Appeals.
6-2.01 Permit and inspection fee.
(a) It shall be unlawful for any person, directly or indirectly, to maintain or operate a bakery, confectionery, candy factory, ice cream factory, soda fountain, restaurant, hotel, coffee and chophouse, grocery, meat market, sausage factory, delicatessen, or any other place in which food or beverage is prepared for sale, manufactured, packed, stored, sold either wholesale or retail, or otherwise disposed of for human consumption, or to vend or peddle from any wagon or other vehicle or from any basket, hand-steamer, or street stand any food products which are sold, or otherwise disposed of, for human consumption within the City without having first obtained a permit therefor from the City or County Health Officer. Such Health Officer shall not issue or renew any permit until after inspection of the premises of the applicant and it is determined by the Health Officer that the applicant has complied with all the laws of the City and State relative to the maintenance and operation of the specified business or establishment for which a permit is sought pursuant to the provisions of this section. Such permit, when issued, shall be kept and displayed in a prominent place on the premises of the permittee to whom it is issued.
(b) All permits issued hereunder shall be renewed annually and shall not be transferable, and a permit and inspection fee shall be charged and payable annually in advance. The annual inspection and permit fee shall be in such amount as the Council may from time to time hereafter establish. All said fees for inspection permits or renewals shall be deposited in the Treasury of the City if the inspection service is provided by the City, or, in the event such inspection service is provided by the County, the inspection fee shall be deposited in the Treasury of the County.
(c) No permits hereunder shall be granted if the applicant or premises operated by the applicant do not comply with all City, State, and County laws regulating the maintenance and operation of the establishments above mentioned or where the continued operation of the business of such applicant is likely to endanger the public health. The City or County Health Officer or Health Department may impose such conditions upon the granting of permits as will best protect the public health.
(d) The City Manager is hereby authorized to enter into any contract with the County Health Officer or County Health Department which will best promote the public health and welfare and furnish adequate enforcement of the provisions of this section, which contract shall be approved by the Council.
(e) The provisions of this section shall not apply to food processing or manufacturing plants or cold storage facilities licensed and/or inspected by any agency of the Federal government or the State.
(§ 1, Ord. 498 N.C.S., as amended by § 1, Ord. 93 C-M, eff. January 21, 1965)
6-2.02 Exemptions from provisions.
The provisions of this chapter shall not apply to any person engaged exclusively in selling or otherwise disposing of fruits, vegetables, or dairy products which are grown or produced by such person.
(§ 2, Ord. 498 N.C.S.)
6-2.03 Permit nontransferable.
Such permit shall not be transferable.
(§ 3, Ord. 498 N.C.S.)
6-2.04 Permit suspension and revocation: Appeals.
Any permit issued pursuant to the provisions of this chapter may be temporarily suspended by the City and/or County Health Officer upon violation of any of the laws referred to in this chapter. In the event of serious or repeated violations, such permit may be revoked by the City and/or County Health Officer after notice and hearing. Notice of the hearing for revocation of a permit shall be given in writing by the Health Officer, stating the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed to the permittee, by registered mail, at least five (5) days prior to the date set for the hearing.
An appeal may be taken from the decision of the Health Officer to the Council.
(§ 4, Ord. 498 N.C.S.)
6-2.05 Employment lists.
All owners, operators, proprietors, or managers of any of the establishments mentioned in Section 6-2.01 of this chapter shall keep up-to-date, accurate, and complete lists of all persons employed in such establishments, indicating the sex, race, duties performed by such employee, and such other information as the Health Officer of the City and/or County by regulation may require.
(§ 5, Ord. 498 N.C.S.)
6-2.06 Food handler’s permit: Required.
No person shall engage, or continue to engage, in the business or work of handling food or food utensils in any of the establishments mentioned in Section 6-2.01 of this chapter except upon full compliance with the following requirements:
(a) Any person engaged in such business or work on August 12, 1950, shall, within ten (10) days thereafter, and any person not engaged in such business or work on August 12, 1950, shall, on the first business day after initially engaging in such business or work, register as a food handler at any office of the Health Department of the City and/or County and make application for a food handler’s permit.
(b) If such applicant holds a certificate from any licensed physician or from any agency approved by the City and/or County Health Officer showing the applicant to have no evidence of tuberculosis, a permanent food handler’s permit shall be issued to such applicant, which permit shall expire one year from the date of the certificate, and he shall not thereafter engage in such business or work unless he holds a valid food handler’s unexpired permit.
(c) If such applicant does not hold such a certificate from any licensed physician or from any agency approved by the City and/or County Health Officer and the applicant shall have no evidence of tuberculosis, he shall be issued a temporary food handler’s permit which shall expire thirty (30) days from the date of its issuance. Within fifteen (15) days thereafter such applicant shall submit to a chest X-ray examination given either by a private physician or by any agency approved by the City and/or County Health Officer.
If the applicant is certified by such physician or agency to have no evidence of tuberculosis, a permanent food handler’s permit shall be issued to him, which permit shall expire one year from the date of such certificate, and he shall not thereafter engage in such business or work unless he holds a valid unexpired food handler’s permit. If in the opinion of the City and/or County Health Officer there is doubt as to whether such applicant is free of tuberculosis, the Health Officer may require the applicant to undergo such further tests and/or examinations as the Health Officer may deem necessary to ascertain whether the applicant is free from tuberculosis. If from such additional evidence the Health Officer determines that the applicant is infected with tuberculosis, he shall be denied a permanent food handler’s permit.
(§ 6, Ord. 498 N.C.S.)
6-2.07 Food handler’s permit: Revocation: Appeals.
The City and/or County Health Officer shall have the power to revoke a food handler’s permit, either temporary or permanent, whenever in his opinion the public health of the City would adversely be affected by continuing such permit in force, subject, however, to the right of the food handler to appeal to the Council. The Council may confirm, modify, or overrule the ruling of the Health Officer.
(§ 7, Ord. 498 N.C.S.)