Chapter 5-98
RESTAURANTS
Sections:
5-98-070 Sanitary requirements.
5-98-090 Frozen desserts and milk products.
5-98-010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter.
“Approved” means approved by the board of health.
“By bactericidal treatment” means the application of any method or substance for the destruction of pathogens and all other organisms, so far as practicable, and which, in the opinion of the board of health, is effective and does not adversely affect the food, drink or equipment with which it comes in contact, or the health of the consumer of such food or drink.
“Employee” means any person working in a food or drink dispensing establishment, including the proprietor, who handles food or drink during the preparation or serving, or who comes in contact with any eating, drinking or cooking utensils, or who is employed in a room in which food or drink is prepared.
“Food dispenser” means any person that keeps for sale and sells for consumption on or off the premises any prepared article of food or drink for human consumption. This includes restaurants, ordinaries, coffee houses, ice cream parlors, lunchrooms, tea rooms, lunchstands, drive-ins, box lunch deliveries, cafeterias, bakeries, retail liquor stores, and drug stores serving sandwiches, lunches or drinks, caterers, and industrial food servers dispensing food or drinks to office personnel or employees of industrial plants, and all paid employees of schools and churches who are employed in a room in which food or drink is prepared or served.
Whenever the terms “restaurant,” “food establishment,” and “food and drink dispensaries” are used in this chapter, they shall have the same meaning.
“Serves” means the placing of such food for the convenience of the patron into any cup, glass, cone, dish, plate or other receptacle from which the patron may conveniently consume it.
“Service accommodation” means the seating place where one patron or customer to be served can be seated or, in lieu of seating space, two lineal feet of counter space which may be used or occupied by one patron or customer to be served while standing provided, that for the purpose of computing the number of “service accommodations” at a counter where no fixed seats or stools are provided, each such counter shall be considered as a separate unit and any fractional part of two lineal feet at a side or end shall be excluded.
“Utensils” includes any kitchen ware, table ware, glassware, cutlery, utensil, containers or other equipment with which food or drink comes in contact during storage, preparation, or serving. (Prior code § 7-2-1)
5-98-020 License required.
It is unlawful for any person to engage in the business of a food dispenser without first having obtained a license so to do. Every such license shall be posted in a conspicuous place in that part of the food establishment to which the public has access; said licenses must be in full force and effect during the time in which the food or drink is being served. (Prior code § 7-2-2)
5-98-030 Revocation.
Any license issued under the provisions of this chapter may be temporarily suspended by the health officer upon the violation by the holder of any of the terms of this chapter or revoked by the mayor after an opportunity for a hearing upon serious or repeated violation. (Prior code § 7-2-3)
5-98-040 Application.
A. An application for a restaurant license shall be made in conformity with the general requirements of this chapter and all applicable provisions of this code relating to applications for licenses. Such application shall contain such further information as may be required by the health officer in order to inform him fully as to the size and nature of the place to be used for the purposes of the business and conditions, equipment and facilities for conducting the business therein, the health of persons to be employed, and the regulations and facilities provided for them.
B. Before any license shall be issued, the health officer shall cause an inspection to be made of the premises to be occupied by the applicant as a restaurant, the equipment contained therein, the persons to be employed therein, the sanitary and hygienic features and conditions, and all other matters relating to the business which he considers necessary or proper to inquire into from the standpoint of health and sanitation. Before any such license shall be issued for a restaurant establishment having service accommodations in excess of fifteen (15), the building commissioner shall cause an inspection to be made of the premises to see that all building provisions of this code are complied with. (Prior code § 7-2-4)
5-98-050 License fee.
A. The annual license fee for a restaurant or food establishment shall be as laid out in Chapter 3-01, Fees, Fines, Insurance and Guarantee Requirements.
B. Any licensed person conducting a restaurant or food establishment shall not be required to pay an additional beverage license or ice cream license fee, and any duly licensed tavern shall not be required to pay an additional license fee under the provisions of this chapter. (Ord. 3494 § 2(B), 2024; Ord. 3316 § 2 (part), 2015; Ord. 3221 § 26, 2009; Ord. 1923 (part), 1972; prior code § 7-2-5)
5-98-060 Inspections.
A. The health officer shall inspect every restaurant and food establishment. In case the health officer 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 chapter. Any violation of the same item of this chapter on such second inspection shall call for the immediate suspension of the permit.
B. One copy of the inspection report shall be posted by the health officer upon an inside wall of the restaurant, and the inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health inspector.
C. The person operating the restaurant, upon request of the health officer, shall permit access to all parts of the establishment and shall permit the copying of any or all records of food purchased. (Prior code § 7-2-6)
5-98-070 Sanitary requirements.
A. In all food dispensers’ establishments there shall be adequate light and ventilation; the walls, ceilings and floors shall be in good repair and clean; tables, counters, shelves, and other furniture shall have clean surfaces and be kept clean. All utensils, including urns and containers for milk, cream, coffee and water shall be made of materials that can be easily cleaned and disinfected. Foods during service hours shall be handled or kept so that they are not exposed to contamination by dirt, flies or vermin, or through promiscuous handling by patrons.
B. The room or place where food is sold or served for human consumption shall be kept in a clean and sanitary condition. All such food dispensers’ establishments shall be subject to periodical inspections by the health inspector in order to determine that the same are kept in proper operating condition and so operated at all times.
C. Kitchens. The kitchen in all food dispensers’ establishments shall have adequate light and ventilation, and the air flow shall always be from the dining room through the kitchen. The discharge from kitchen fans shall always be through a duct to a point above the roof line to protect the occupants of the building in which the establishment is located or of adjoining buildings from nuisance. Ranges, refrigerators and other bulky equipment should be so arranged as not to obstruct the light and ventilation, and tables for clean and dirty dishes and food shall be so arranged that the dirty dishes will be as far removed from the food rack and clean dishes as may be possible. Ranges shall be hooded so that the cooking odors may be effectually carried off by a stack and exhaust fan or a skylight immediately above. The walls and ceiling shall be in good repair and easily cleaned. The floor shall be of such construction (preferably impervious) that it may be kept clean at all times. The floors and walls should be proof against rats and vermin.
D. All multi-use utensils, all show and display cases, or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment used in connection with the operation of such establishment shall be so constructed and located as to be easily cleaned, and shall be kept in good repair. Utensils made of or plated with cadmium or lead shall not be used. Solder containing lead may be used for jointing.
E. All surfaces or utensils coming in contact with food or drink shall be of smooth construction and shall be made of not readily corrodible material, and shall be free of breaks, corrosion, open seams, cracks or chipped surfaces. This requirement precludes the use of any type of equipment so designed as to permit food or drink to come in contact with V-type threaded surfaces. The joint between the moving and stationary surfaces of food equipment shall be close fitting. All surfaces of equipment and utensils with which food or drink comes in contact shall be easily accessible for cleaning. Tanks, kettles, large containers and other equipment used for the storage and preparation of liquid or semiliquid food, shall be so constructed as to be easily dismounted for cleaning and all surfaces of equipment used for the preparation, storage or conservation of food and drink shall be accessible to sight or touch for the purpose of cleaning. No mechanical equipment designed to meet the requirements of this section, or equipment having valves or pipes, shall be installed unless the same or complete drawings thereof shall have been submitted to the planning department for approval prior to installation.
F. All equipment, including display cases, windows, counters, shelves, tables, meat blocks, refrigerators, stoves, hoods and sinks shall be kept clean and free from dust, dirt, insects and other contaminating material. All cloths used in the operation of such establishment shall be clean. Single service containers shall be used once only.
G. Plumbing.
1. In such establishments, there shall be adequate plumbing facilities so that there is a sufficient supply of running hot and cold water for all washing purposes, and all fixtures, such as sinks, wash basins, etc., must be adequately trapped, vented, revented and properly connected to the sewer. All sinks in which greasy pots or dishes are washed must be connected to a catch basin or be equipped with an approved water jacket grease trap. Dishwashers, steam tables, coffee urns and water coolers may discharge into the floor gutter or over a floor drain, and if connected solidly to the waste pipes or plumbing system must have traps and vents the same as other plumbing fixtures.
2. All dish washing machines and plumbing equipment including sinks shall be connected to sewers in such a way as to prevent back siphonage. All liquid wastes resulting from the cleaning and rinsing of utensils and floors shall be disposed of by way of plumbing connected to the city sewer.
H. Store Rooms.
1. All store rooms or other rooms directly connected with the establishment shall be clean, dry and kept in such a condition as not to affect unfavorably the foodstuffs used or the health of employees or of the public. Yards, cellars or other areas directly connected with, or in close proximity to the establishment shall be kept clean.
2. Foodstuffs shall not be stored in a location that will render them unwholesome, and shall be elevated from the floor. Examination shall be made of all meats, canned goods, and other food materials to determine their purity and wholesomeness. The usual directions for condemnation and disposition of unwholesome foods shall be followed.
I. Cleaning of Utensils. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils and equipment used in the preparation, handling or serving of food or drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process at the end of each twelve (12) hours operation. Cloths used for drying multi-use utensils shall be used for no other purpose and shall be kept clean.
J. Hand Washing of Utensils. Hand washing of all multi-use eating and drinking utensils shall be accomplished by the use of warm water at a temperature of from one hundred ten degrees (110°) to one hundred twenty degrees Fahrenheit (120° F) containing an adequate amount of soap or detergent effective to remove grease or solids. The water shall be changed at sufficiently frequent intervals to keep it reasonably clean. Dishes and other equipment shall be scraped or prerinsed to remove gross particles of food before washing. After cleaning, all such utensils shall be effectively subjected to one or more of the following or other equivalent approved bactericidal processes:
1. Immersion for at least two minutes in clean, hot water at a temperature of at least one hundred seventy degrees Fahrenheit (170° F) or for one-half minute in boiling water. An approved thermometer shall be installed in the vat used for bactericidal treatment.
a. Whenever practicable, bactericidal treatment shall be accomplished through the use of hot water. For this method of bactericidal treatment at least two adjacent deep sinks shall be provided and fitted with drainboards made of porcelain, metal or other impervious materials. After washing in the first sink, dishes, glasses or other utensils shall be placed in metal baskets and immersed in hot water in the second sink, used for the bactericidal treatment, for the required period of time. The baskets may be lined with wooden strips to prevent marking of the chinaware. Upon removal of the basket from the second sink, dishes or other utensils shall remain in the basket until dry.
b. Where hot water is used for bactericidal treatment, a hot water heater mechanically controlled so as to maintain a water temperature of at least one hundred seventy degrees Fahrenheit (170° F) in the vat, at all times, shall be provided. Water at such temperature shall be available at all times while utensils are being washed and given bactericidal treatment. When large numbers of utensils are submerged at one time, provision shall be made for compensating for heat loss to such utensils. Glasses, cups and other equipment shall be placed in baskets in a venting position so that the air will not be trapped.
2. Immersion for at least two minutes in a lukewarm chlorine bath containing at least fifty (50) parts per million of available chlorine, if hypochlorites are used, or a concentration of equal bactericidal strength, if chloamines are used. The bath should be made up at a strength of one hundred (100) parts per million or more of hypochlorites and shall not be used after the strength has been reduced to fifty (50) parts per million. Bactericidal treatment by chemical means shall not be used until the utensils have been thoroughly cleaned. Chlorine or other chemical solutions once used shall not again be used for bactericidal treatment on any succeeding day.
a. Where chlorine or other chemicals are used for bactericidal treatment of multi-use eating and drinking utensils and equipment, a three compartment sink shall be used; providing, however, that for existing installations the second or rinsing compartment may be omitted if an approved rinsing or spraying device is substituted.
b. After washing in the first sink, glasses, dishes or other multi-use eating and drinking utensils shall be placed in an approved metal basket. The dishes in this basket shall be rinsed in clean water, in the second compartment, before being placed in the chlorine or approved bactericide, and shall remain therein for at least two minutes. In the case of existing installations, the second, or rinse compartment may be omitted if an approved rinsing or spraying device is substituted.
3. Exposure in a steam cabinet equipped with an indicating thermometer located in the coldest zone, at a temperature of at least one hundred seventy degrees Fahrenheit (170° F) for at least fifteen (15) minutes, or to a temperature of not less than two hundred degrees Fahrenheit (200° F) for at least five minutes.
4. Exposure to a properly designed oven or hot air cabinet, equipped with an indicating thermometer located in the coldest zone to hot air, at a temperature of at least one hundred and eighty degrees Fahrenheit (180° F) for not less than twenty (20) minutes.
5. Equipment that is too large to be immersed shall be treated:
a. With live steam from a hose, in the case of equipment in which steam can be confined; or
b. By boiling water rinse; or
c. By spraying or swabbing.
K. Machine Dishwashing.
1. Dishes and other eating and drinking utensils washed in a dishwashing machine, after being scraped and prerinsed, shall be washed in water containing a suitable detergent at a temperature from one hundred twenty degrees Fahrenheit (120° F) to one hundred forty degrees Fahrenheit (140° F) or other method approved by the health inspector. Bactericidal treatment shall consist of exposure of all surfaces of dishes and utensils being washed to a rinse of clean water at a temperature of not less than one hundred seventy degrees Fahrenheit (170° F) or other method approved by the health inspector. Dishwashing machines shall be equipped with an indicating thermometer in both the wash and rinse water lines, and so located as to be readily visible a the operator.
2. In machine washing, multi-use eating and drinking utensils shall be stacked in racks or trays so as to avoid overcrowding, and so as to permit the wash and rinse waters to reach all surfaces of each utensil.
3. Dishwashing machines must be kept clean. The pumps and the wash and rinse sprays or jets shall be so designed that a forceful stream of water will reach all surfaces of the utensils when they are properly racked. These parts shall be readily accessible for inspection and cleaning.
4. The water in the wash tank shall be changed luring operation as often as is necessary to keep it reasonably clean. An effective concentration of detergent in the wash water shall be maintained at ill times.
5. Where an installation does not provide water it a temperature of one hundred seventy degrees Fahrenheit (170° F) in the rinse compartment of a dishwashing machine, a thermostatically controlled booster heater shall be provided to insure rinsing at he required temperature.
6. When multi-use eating and drinking utensils rave been washed and subjected to bactericidal treatment by any of the above methods, they shall tot show an average plate count in excess of one hundred (100) bacteria per utensil when swab tested by the latest standard method for bacteriological examination of food utensils of the American Public Health Association.
L. Storage of Utensils.
1. After bactericidal treatment, utensils and containers shall be stored at a sufficient height above the floor in a clean, dry place protected from lies, splash, dust, overhead leakage and condensation, and other contamination. Containers and utensils shall be inverted, covered, or otherwise protected from contamination until used for serving.
2. Drain racks, trays, and shelves shall be made noncorrodible material and shall be kept clean.
3. In handling containers and utensils the surfaces thereof which come in contact with food or drink shall not be touched by the hands, except during the process of washing.
4. Paper cups, plates, straws, spoons, forks and other single service containers and utensils shall be purchased in sanitary cartons and stored therein in a clean dry place, until used, and after removal from the cartons these articles shall be handled in such a manner as to prevent contamination. Laundered cloths and napkins shall be stored in a clean place until used. When not in use, spoons, spatulas, dippers, scoops, etc., used for dispensing frozen desserts, shall be kept in water maintained at one hundred seventy degrees Fahrenheit (170° F) or in running water.
M. Drinking Straws and Other Paper Containers. No food dispenser shall serve, allow or permit to be served, to any person, drinking straws which are not completely enclosed in a wrapper. No single service paper container, paper cup, paper spoon, paper fork or paper plate shall be used a second time. All such single service drinking straws and paper containers shall be discarded immediately after use.
N. Cleaning Silverware and Other Similar Utensils. It is unlawful for any person operating, or conducting any food dispensing establishment to use any ingredient or substance containing any sodium cyanide, potassium cyanide, oxalic acid, mercuric compound, or other poisonous substances for the cleaning of nickel, copper, silverware, silver plated ware or other articles or utensils used for the service or preparation of foods or foodstuffs.
0. General Protective Measures.
1. All food which is received and which is intended to be used and prepared for human consumption, upon being received by any person in any food-dispensing establishment shall be so stored, displayed, and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other contamination. No animals or fowl shall be kept or allowed in any room or business establishment in which food or drink is prepared or stored or on display and for sale to the public. In addition thereto, the business establishment shall post a sign in full view of the public to the effect that no animals shall be allowed in said business establishment. Portions of food and drink once served to customers shall not be served again to others. All means necessary for the elimination of flies, roaches and rodents shall be used. Evidence of the presence of rodents, roaches, ants or other vermin shall be considered a violation of this section. Food or drink shall not be stored or prepared beneath overhead sewer or drain pipes. Food or drink shall not be stored in areas of buildings which are subject to flooding from sewerage back flow. The pouring lips of bottles containing milk or other beverages shall not be submerged in water for cooling.
2. No public place of accommodation shall deny or refuse to another the full and equal enjoyment of its facilities and services because of a person’s determinable physical characteristic which necessitates the person’s use of a guide or hearing dog. Every totally or partially deaf or blind person shall have the right to be accompanied by a guide dog, especially trained for the purpose, in any place of public accommodation, without being required to pay an extra charge for the guide dog, provided that he shall be liable for any damages done to the premises or facilities by such dog.
3. All food and drink shall be handled and served in such a manner as to minimize the opportunities for contamination. Sliced butter and cracked ice shall be served without coming in direct contact with fingers or hands, and manual contact with all food or drink shall be avoided in so far as possible. Sugar shall be served only in covered dispensers or in containers or wrapped packages for individual service.
4. All unwrapped or unenclosed food and drink on display shall be protected by glass or otherwise from public handling or other contamination except that approved hand openings for self-service may be permitted on counter fronts.
5. Food dispensers’ establishments shall be effectively ratproofed, in accordance with the provisions of this section.
6. All supplementary means used for the elimination of flies, roaches, and rodents, shall be employed. All poisonous compounds used in the extermination of rodents or insects shall be so colored as to be easily identified.
P. Receptacles for Garbage.
1. Every person owning or controlling any food dispensing establishment shall cause all offal, table refuse, shells, and animal or vegetable matter, commonly known and described as garbage, to be placed in proper metallic cans, which shall be practically airtight and watertight and easily washable and which are covered with close fitting lids at all times except when opened for the deposit or removal of garbage, and shall cause all such substances deposited in such cans or receptacles to be removed daily from his premises and to be disposed of either by burning in a properly constructed crematory which shall have been approved by the board of health or by dumping on a ground or place where garbage is dumped or disposed of by the city. The removal and disposition of such substances shall be done by such person at his own expense safely, and in accordance with the provisions of this chapter and the directions or rules of the board of health relating to the disposition and removal of such substances.
2. All garbage and refuse shall be kept in such manner and at such places that the same will not become a nuisance to the public. Wooden boxes or barrels shall not be used for the storage of garbage or refuse, except that wooden barrels which are washed regularly may be used for the storage of grease for soap stock.
3. All garbage receptacles shall be washed when empty and if necessary treated with a disinfectant.
Q. Screens.
1. When flies are prevalent, all openings to the outer air shall be effectively screened with sixteen (16) mesh wire or plastic cloth. All doors shall be self-closing and screen doors to the outer air shall open outward. In cases of other unprotected openings, fans of sufficient power, or other approved means to prevent the entrance of flies shall be used.
2. Windows, doors, skylights, transoms and other screens shall be tightfitting and free from holes. (Ord. 2266, 1982; prior code § 7-2-7)
5-98-080 Custards.
All custard filled and custard cream filled pastries shall be rebaked after filling at an oven temperature of at least four hundred twenty five degrees Fahrenheit (425° F) for at least twenty (20) minutes, and cooled to fifty degrees Fahrenheit (50° F) or less within one hour thereafter, or the filling shall be heated before the pastry shells are filled, so that every particle of the custard or custard cream mix is held at a temperature of at least one hundred ninety degrees Fahrenheit (190° F) for at least ten minutes, and cooled either before or after filling the pastry shells to fifty degrees Fahrenheit (50° F) or less within one hour after heating, and shall be maintained at that temperature until served or sold. (Prior code § 7-2-8)
5-98-090 Frozen desserts and milk products.
A. All milk, fluid milk products, ice cream, frozen custard, sherbet, ices and similar frozen desserts served shall be obtained from sources approved by the board of health. Only grade A pasteurized milk and milk products shall be used.
B. In the case of milk drinks prepared, served or sold, the milk used shall include the entire contents of the original container or shall be from an approved milk dispenser. All milk drinks shall be mixed in a sanitary manner.
C. All milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device complying with the following specifications:
1. It shall comply with the requirements of Section 5-98-070.
2. No surfaces with which milk or milk products come in contact, except the delivery orifice while the dispenser is in use, shall be accessible to manual contact, droplet infection, dust or flies.
3. All parts of the dispenser with which milk comes in contact, including any measuring device, shall be cleaned and subjected to a bacterial treatment at the milk plant where filled and not at the restaurant establishment.
4. The dispenser shall be filled and sealed with two seals at the milk plant in such a manner as to make it impossible to withdraw any of its contents without breaking one seal and impossible to replace any of its contents without breaking the other.
5. The dispensing device shall be so constructed as to automatically mix the milk and cream thoroughly with each dispensing operation except in the case of milk products which remain homogeneous without mixing. All milk and milk products and cream served from dispensers shall be kept at a temperature of fifty degrees Fahrenheit (50° F) or less until served. In the enforcement of this requirement the health inspector may take an exception in the case of cream served with coffee or cereals.
D. The board of health may permit the serving of cream from the original container or from a dispenser which complies with subsections C 1 and 2 of this section, and which can be filled in a sanitary manner, kept clean, and frequently subjected to bactericidal treatment complying with the requirements of Section 5-98-070. (Prior code § 7-2-9)
5-98-100 Shellfish.
Oysters, clams and mussels shall be obtained from a source approved by the United States Public Health Service. Shucked shellfish shall be kept, until sold, served or used, in the containers in which they were placed in the shucking plant. (Prior code § 72-10)
5-98-110 Employees.
A. All employees shall be clean in person and no individual having an infectious disease, in a communicable form or who is a carrier of infectious disease, or who has diarrhea, sore throat or a discharging or apparently infected wound, shall be employed in, or remain in a restaurant establishment in any capacity which will require him to handle food or handle dishes or other receptacles in which food is sold or served.
B. Employees preparing and handling food shall be required to wear clean outer garments and use hairnets, head bands or caps. Employees shall not expectorate or use tobacco in any form in any room in which food is prepared or served. The hands of all persons shall be kept clean while such persons are engaged in the handling of food, drink, utensils or equipment; provided, however, that an employee who does not prepare or serve food shall not be required to wear a cap or other hair confiner. (Prior code § 7-2-11)
5-98-120 Disease control.
A. Every person connected with a restaurant or food establishment or about to be employed therein whose work brings him in contact with the handling of food, drink, utensils or equipment, shall first obtain a health certificate from the health officer. Prior to issuing such certificate, the health officer shall examine and take a careful morbidity history and blood test of such person. Such person shall also furnish a chest X-ray taken by an approved laboratory with the laboratory’s interpretation thereof. If such examination or history suggests that such person may be a carrier of or infested with the organism of typhoid or paratyphoid fever or any other communicable disease likely tube transmitted through food, drink or utensils, the, health officer shall secure appropriate specimens of body discharges and cause them to be examined in a laboratory approved by him or by the state health authorities for such examinations and if the results justify, such person shall be barred from such employment. If such person is free from infection, he shall be entitled to a health certificate which shall be effective for a one year period; provided, however, that such person shall furnish such information, submit to such physical examinations, and submit such laboratory specimens as the health officer may require for the purpose of determining freedom from infection.
B. No person shall be employed by any such establishment who does not have a valid health certificate from the health officer. (Prior code § 7-212)