Chapter 2 — FOOD HANDLING ESTABLISHMENTS

Section

6-2.01 Definitions

6-2.02 Permit required

6-2.03 Permit required; exception

6-2.04 Permit required; separate operations

6-2.05 Permit application

6-2.06 Permit application; approval of building plans

6-2.07 Conditions of permit

6-2.08 Form of permit

6-2.09 Permit fees

6-2.10 Term of permit

6-2.11 Posting of permit

6-2.12 Permit nontransferable

6-2.13 Permit; renewal upon sale or transfer of business

6-2.14 Health permit for food handlers required

6-2.15 Form of health permit

6-2.16 Term of health permit; renewal

6-2.17 Carrying health permit

6-2.18 Health permit for food handlers; duty of operators and owners

6-2.19 Emergency suspension of permit

6-2.20 Suspension of permit

6-2.21 Revocation of permit

6-2.22 Suspension and revocation of permit; hearings

6-2.23 Suspension and revocation of permit; appeals

6-2.24 Noncompliance with health regulations by food handlers

6-2.25 Compliance with federal, state, and local laws

6-2.26 Compliance with chapter provisions

6-2.27 Openings for outside service

6-2.28 Refrigeration

6-2.29 Sinks and drain boards; exceptions

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

EMPLOYEE. Any person who, with or without pay, works or handles food in a food handling establishment or who offers food for sale.

FOOD. All articles used for food, drink, confectionery, or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

FOOD HANDLING ESTABLISHMENT. Restaurants and food selling and processing establishments, except that this definition shall not apply to meat, milk, and poultry processing establishments, frozen food lockers, canneries, and slaughterhouses inspected by federal or state agencies, nor to such other plants and establishments for the packing, treatment, and processing of agricultural products and crops of all kinds, including but without limiting the generality of such plants or establishments for the packing, treating, canning, freezing, dehydrating, and other processing and packaging of agricultural products and crops and the manufacture or other processing of byproducts therefrom, where such plants or establishments and/or the products thereof are subject to inspection by federal and/or state agencies to insure that such products are in a good and sanitary state and condition and suitable for human consumption and which do not sell or deliver directly to the ultimate customer.

FOOD SELLING AND PROCESSING ESTAB-LISHMENT. Any room, building, vehicle, facility, structure, or place, or portion thereof, whether stationary, movable, permanent, or temporary, which is maintained, used, or operated for the purpose of commercially selling, storing, packaging, transporting, making, cooking, mixing, processing, bottling, canning, packing, slaughtering, or otherwise preparing or handling food, or vendors servicing vending machines handling unwrapped, unbottled, or unpackaged or readily perishable food. This definition does not include restaurants, tank trucks, fresh produce trucks, farm trucks, or vehicles delivering only nonperishable food products in sealed, wrapped, or bottled containers, or vending machines dispensing only bottled beverages or wrapped candy.

HEALTH OFFICER. The Health Officer of the city, his medical deputies, his sanitarians, or his duly authorized representatives.

ITINERANT FOOD HANDLING ESTABLISH-MENT. One which operates for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.

RESTAURANT. Any restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, vehicle, and any other eating or drinking establishment which sells or offers food or drink for sale to the public, as well as kitchens in which food or drink is prepared on the premises for sale or distribution elsewhere.

UTENSILS. Kitchenware, tableware, glassware, cutlery, containers, machinery, implements, receptacles, supplies, or other equipment used for the storage, preparation, distribution, or serving of food or drink.

('66 Code, § 6-2.01) (Ord. 433-A, passed 12-22-58; Am. Ord. 653-A, passed 2-14-66)

It shall be unlawful for any person to operate a food handling establishment in the city without having a valid, unsuspended, unrevoked permit from the Health Officer as provided in this chapter.

('66 Code, § 6-2.02) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.

No permit shall be required for vehicles transporting food to food handling establishments.

('66 Code, § 6-2.03) (Ord. 433-A, passed 12-22-58)

In any establishment where there are separate operations under separate management or ownership, each such operation shall be required to have a separate permit.

('66 Code, § 6-2.04) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.

Permits shall be issued only on written application on forms provided by the Health Officer and containing such information regarding the applicant and the premises or operation involved as the Health Officer deems necessary to facilitate enforcement of the provisions of this chapter.

('66 Code, § 6-2.05) (Ord. 433-A, passed 12-22-58)

No permit shall be issued by any city agency to any person proposing construction, reconstruction, or alteration of any structure for use as a food handling establishment until such plans which relate to the provisions of this chapter have been approved by the Health Officer.

('66 Code, § 6-2.06) (Ord. 433-A, passed 12-22-58; Am. Ord. 653-A, passed 2-14-66)

Permits shall be conditioned on compliance with all laws and regulations applicable to the subject person, premises, or operation.

('66 Code, § 6-2.07) (Ord. 433-A, passed 12-22-58)

Permits shall be dated, contain the name of the permittee, and briefly describe or identify the licensed premises or operation.

('66 Code, § 6-2.08) (Ord. 433-A, passed 12-22-58)

(A) The following fees shall be required for permits issued pursuant to the provisions of this chapter:

(1) Restaurants, an amount to be determined by resolution;

(2) Food selling and processing establishments, an amount to be determined by resolution;

(3) Incidental food selling, such as snack stands incidental to the main business operation with less than $100 retail value of food in stock, including vending machines, an amount to be

determined by resolution;

(4) Itinerant food handling, such as carnivals and fairs and itinerant fruit and/or vegetable peddlers, an amount to be determined by resolution;

(5) Vehicles delivering food products directly to the consumer, an amount to be determined by resolution; and

(6) Nonprofit temporary food handling establishments for fairs, carnivals, or special events for nonprofit organizations, no fee.

(B) Such fees shall be due and payable at the time of making application for a permit, or renewal thereof, and if the renewal fee is not paid within 30 days after due, the permit shall become void.

('66 Code, § 6-2.09) (Ord. 433-A, passed 12-22-58; Am. Ord. 653-A, passed 2-14-66)

Such permits shall be valid to and including the last day of the calendar year in which issued unless sooner suspended or revoked.

('66 Code, § 6-2.10) (Ord. 433-A, passed 12-22-58; Am. Ord. 653-A, passed 2-14-66)

Such permits shall be posted and displayed in a conspicuous place.

('66 Code, § 6-2.11) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.

Such permits shall not be transferable from one establishment, location, or premises to another.

('66 Code, § 6-2.12) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.

Upon the sale or transfer of an establishment, the permit therefor shall be void until a renewal application is approved. Inspection fees for operations commencing between annual billing periods shall be prorated on a monthly basis.

('66 Code, § 6-2.13) (Ord. 433-A, passed 12-22-58; Am. Ord. 653-A, passed 2-14-66)

Every person working or handling food in any food handling establishment, with or without pay, shall secure a health permit from the Health Officer within 30 days of first such employment in the city.

('66 Code, § 6-2.14) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.

Such health permit shall be the negative report of a County Health Department chest X ray or a letter from the Health Officer to the same effect.

('66 Code, § 6-2.15) (Ord. 433-A, passed 12-22-58; Am. Ord. 527-A, passed 7-10-61)

Such health permit shall be valid for two years from the date of issuance and shall be replaced with a new permit prior to its expiration date.

('66 Code, § 6-2.16) (Ord. 433-A, passed 12-22-58; Am. Ord. 527-A, passed 7-10-61)

It shall be the employee's duty to have such health permit in his possession or immediately accessible during working hours and available for inspection by the Health Officer.

('66 Code, § 6-2.17) (Ord. 433-A, passed 12-22-58; Am. Ord. 527-A, passed 7-10-61) Penalty, see §§ 1-2.01 et seq.

It shall be the duty of each manager, operator, or owner of any food handling establishment to employ only persons having a valid health permit.

('66 Code, § 6-2.18) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.

Where the Health Officer or his medical deputy in charge makes a written finding that the public health is endangered by some act, omission, or condition regulated by the provisions of this chapter in connection with any premises or operation licensed pursuant to the provisions of this chapter, he may order the immediate cessation of such act or abatement of such condition or action to correct such condition. He may order the temporary emergency suspension of the permit applicable thereto and its removal from such person or premises and may post notice of such action in a conspicuous place. Such emergency suspension shall be in addition to and not limited by nor in derogation of any other authority or power which the Health Officer may have under present statutes or regulations. Such emergency suspension, as distinct from any other action authorized by law, shall be effective for a period of five days, including the first day upon which the permit is suspended. Any activity during that period which is regulated by the provisions of this chapter shall be unlawful. At the end of that period, or sooner, if a similar finding is made that the public health is no longer endangered, the permit shall become valid again unless a hearing is ordered pursuant thereto.

('66 Code, § 6-2.19) (Ord. 433-A, passed 12-22-58)

Where a written complaint is filed with the Health Officer that some applicable law or regulation is being violated by any person, premises, or operation required to be licensed pursuant to the provisions of this chapter, he may order a hearing. After such hearing the Health Officer may suspend such permit for not more than 90 days or until he is assured of compliance with the applicable laws or regulations, whichever is less, and may post notice of such action in a conspicuous place. At the end of the 90 day period or when the Health Officer is satisfied of such compliance, the permit shall become valid again. Any activity during the period which is regulated by the provisions of this section shall be unlawful.

('66 Code, § 6-2.20) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.

A permit may be revoked and confiscated where it has been suspended once and violations of the provisions of this chapter or other applicable laws or regulations or acts or omissions endangering the public health continue, and where the Health Officer or his medical deputy in charge makes a written finding that correction of the situation is impractic-able and that the public health is endangered thereby. The Health Officer may post notice of such action in a conspicuous place.

('66 Code, § 6-2.21) (Ord. 433-A, passed 12-22-58)

In the case of hearings pursuant to § 6-2.19 of this chapter, notice shall be written and delivered to the person involved or in charge of the premises or operation at least 48 hours before the hearing. Other hearings shall be preceded by written notice, personally delivered or mailed, to the person to whom the permit was issued at the latest address on file with the Health Officer not less than five nor more than 15 days prior to the hearing date. The hearings shall be held in the City Hall unless some other location is specified in the notice. The hearings shall be conducted by the Health Officer or his medical deputy in charge. Hearings may not be continued or postponed for longer than 10 days from the original date without the consent of the permittee.

('66 Code, § 6-2.22) (Ord. 433-A, passed 12-22-58)

Appeals from the results of any hearing may be taken to the Council by a written notice of appeal, stating fully the matters or action appealed from and the grounds for the appeal, which shall be filed with the City Clerk within 15 days of the action appealed from. The Council shall then schedule the appeal for hearing within 30 days of the filing of the notice of appeal.

('66 Code, § 6-2.23) (Ord. 433-A, passed 12-22-58)

If at any time a person working in any food handling establishment is found by the Health Officer to be handling food in a manner dangerous to the public health, the Health Officer shall have the authority to require such person and/or his employer to attend a course of instruction which shall be provided free by the Health Officer, or to discontinue food handling, or both.

('66 Code, § 6-2.24) (Ord. 433-A, passed 12-22-58; Am. Ord. 653-A, passed 2-14-66)

All food handling establishments shall comply with all applicable statutes, laws, rules, and regulations of federal, state, and local agencies.

('66 Code, § 6-2.25) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.

Exemption from a permit or fee pursuant to the provisions of this chapter shall not constitute an exemption from the sanitary requirements set forth in this chapter.

('66 Code, § 6-2.26) (Ord. 433-A, passed 12-22-58)

When food service openings to the outside are used in restaurants, they shall have an area not exceeding 270 square inches with a maximum width of 18 inches and a maximum height of 15 inches. Triangular wide base openings with a height not exceeding 24 inches shall be allowed. Additional service openings shall be separated by a minimum of three feet. Such openings shall be closeable, at least with a wire screen of not coarser than 16 mesh, when not in use. Each opening shall be further protected by overhead fans or internal positive pressure which would produce an outward air flow of at least 75 linear feet per minute, as measured by a standard velometer, or have a system of duct work such that the discharge of air produces such outward flow of air through the opening.

('66 Code, § 6-2.27) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.

(A) All readily perishable foods shall be maintained at either 45°F or lower or at 140°F or higher when in storage, on display, or in transit. Accurate Fahrenheit thermometers, suitable for measuring temperatures of food, shall be conspicuously affixed to food storage equipment where possible or shall be available at every establishment. Waste water from refrigeration equipment in fixed establishments shall be disposed of into an approved sanitary sewage disposal system through an indirect connection. Except for properly handled game, only food intended to be sold or served to the public shall be kept in refrigerated storage cabinets.

(B) READILY PERISHABLE FOODS, as used in this section, are determined to be the following:

(1) Custard and creme-filled pastries, both real and synthetic; prepared salads with dressing; sandwiches using mayonnaise or salad dressing in the filling; precooked meat, poultry, and fish

products not hermetically sealed;

(2) Fresh meats; fresh salad fish; fresh poultry; and fresh fish;

(3) All dairy products from sources not under inspection by other agencies;

(4) All frozen products labeled “frozen;” and

(5) Canned hams and canned picnics having labels indicating the products shall be kept under refrigeration.

('66 Code, § 6-2.28) (Ord. 433-A, passed 12-22-58; Am. Ord. 653-A, passed 2-14-66) Penalty, see §§ 1-2.01 et seq.

(A) Every establishment where fresh meat is cut shall be provided with a two compartment, metal sink with metal drain boards located conveniently to the meat department, with an adequate supply of hot and cold water under pressure. Such sink shall be used exclusively for washing utensils commonly used by meat cutters.

(B) The provisions of this section shall not apply to those establishments in existence before January 21, 1959, having a single compartment sink which effectively meets the requirements of this section and any other applicable statutes, laws, rules, and regulations governing the sanitization of utensils. When such sink is replaced, it shall meet the requirements of this section.

('66 Code, § 6-2.29) (Ord. 433-A, passed 12-22-58) Penalty, see §§ 1-2.01 et seq.