Los Banos Municipal Code Ch. 4 Restaurants

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Employee"

shall mean every person who is employed in a restaurant and who has any connection with the preparation and/or serving of food or drink to the general public and every person who handles, cleans, or otherwise uses any cooking utensil.

"Health Officer"

shall mean the person designated by the City as the Health Officer of the City, or his authorized representative.

"Itinerant restaurant"

shall mean a place of business which is being operated on a temporary basis for the purpose of preparing and selling food to the general public in connection with a fair, carnival, public exhibition, or other similar gathering.

"Restaurant"

shall mean any coffee shop, cafeteria, short order cafe, luncheonette, tavern, or soda fountain and shall include any place of business wherein food is prepared or served for consumption by the general public.

"Utensil"

shall mean and include any and all articles used in connection with the preparation and/or serving of food or drink.

(§ I, Ord. 170)

It is unlawful for any person to operate a restaurant or an itinerant restaurant in the City unless such person first secures from the Health Officer a permit to conduct such business.

(§ II, Ord. 170)

The Health Officer shall inspect the premises for which a permit to operate a restaurant or an itinerant restaurant is requested, and he shall issue such permit if the applicant for the permit complies with the provisions of this chapter.

(§ II, Ord. 170)

The permit to operate a restaurant or an itinerant restaurant shall be displayed in a conspicuous position in the place of business being conducted so that the permit can be readily seen by the general public.

(§ II, Ord. 170)

In the event a complaint is filed by the Health Officer against any person operating a restaurant or an itinerant restaurant for failure to comply with the provisions of this chapter, a citation shall be issued directing that the violator appear in the appropriate court for a hearing of the complaint, and, after a hearing thereon, if the facts of the violation are established, the permit issued by the Health Officer may be temporarily suspended or completely revoked if the complaint filed has been proven.

(§ II, Ord. 170)

Any person operating a restaurant, the permit and license of which have been suspended, may at any time make an application for the reinstatement of the permit. Within one week after the receipt of such application, accompanied by a statement signed by the applicant to the effect that the violated provisions of this chapter have been conformed with, the Health Officer shall make a reinspection and, in the event the findings indicate compliance, shall reinstate the permit.

(§ VIII, Ord. 170)

Within 10 days after the issuance of a permit to operate a restaurant or an itinerant restaurant, the permittee shall apply to the City Clerk for a business license to conduct such restaurant business.

The Chief of Police shall issue to the applicant a license to operate a restaurant for the calendar year, or part thereof, in which the license is issued provided the applicant pays the license tax at the time of making the application. In the event the permit shall be suspended or revoked, the Chief of Police shall be immediately notified and is hereby authorized to suspend or revoke the restaurant license immediately.

(§ II and III, Ord. 170)

(a) Required. The Health Officer shall inspect every restaurant in the City at such times as may be necessary and at least once every four months.

(b) Violations. If the Health Officer discovers any violation of sanitation, he shall inform the operator of such violation and shall direct the correction thereof.

(c) Correction of violations: Reinspections. The Health Officer shall allow such time as may be necessary for the operator to correct the violation and shall inspect the premises at the end of such time to determine if the correction has been complied with.

(d) Issuance of citations. In the event the operator of the restaurant has failed to comply with the request of the Health Officer, he shall immediately cause a citation to be issued against the operator and shall proceed in the manner set forth in Section 6-4.05 of this chapter.

(e) Reports. Upon the completion of his inspection, the Health Officer shall make a duplicate report of his findings, one copy of which shall be placed upon an inside wall of the restaurant where the report can readily be seen by the general public and from which place the report shall not be defaced or removed by any person other than the Health Officer. A copy of the inspection report shall also be filed with the records of the Health Department.

(f) Right of entry. The operator of a restaurant shall permit free access to the Health Officer to any and all parts of the restaurant and shall permit, if the Health Officer requires, the copying of any records concerning the purchase of food.

(§ V, Ord. 170)

Samples of food, drink, and other substances may be taken and examined by the Health Officer as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated.

(§ IV, Ord. 170)

All restaurants shall comply with the following sanitation rules and regulations:

(a) Floors. The floors of all rooms in which food or drink is stored, prepared, or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.

(b) Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in a light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.

(c) Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened, and doors shall be self-closing unless other effective means are provided to prevent the entrance of flies.

(d) Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted.

(e) Ventilation. All rooms in which food or drink is stored, prepared, or served or in which utensils are washed shall be well-ventilated.

(f) Toilet facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees. Toilet rooms shall not open directly into any room in which food, drink, or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well-lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees.

Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel shall be prohibited. No employee shall resume work after using the toilet room without first washing his hands.

(g) Water supply. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality.

(h) Construction of utensils and equipment. All multi-use utensils and all show and display cases, windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used, but solder containing lead may be used for joining.

(i) Cleaning and bacterial treatment of utensils and equipment. All equipment, including display cases, windows, counters, tables, shelves, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. Single-service containers shall be used only once.

All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bacterial process after each usage. Immersion for at least two minutes in clean, hot water at a temperature of at least 170 degrees Fahrenheit or immersion in a chlorine solution of at least 100 parts per million for two minutes shall be required.

All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bacterial process immediately following the day's operation. 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 materials shall be used for the cleaning or polishing of utensils.

(j) Storage and handling o/ utensils and equipment. After bacterial treatment, utensils shall be stored in a clean, dry place protected from flies, dust, and other contamination and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner.

(k) Disposal of wastes. All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles in such a manner as not to become a nuisance.

(l) Refrigeration. All readily perishable food and drink shall be kept at or below 50 degrees Fahrenheit except when being prepared or served. For the purposes of this subsection, "readily perishable food and drink" shall mean and include custard or cream-filled pies and pastries, meat and meat products, shellfish and shellfish products, salads, and other products which may cause food poisoning. The provisions of this subsection shall not include unopened, properly canned or otherwise preserved products.

Waste water from refrigeration equipment shall be disposed of in a sanitary manner.

(m) Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from sources complying with the sanitation laws of the State relative to dairies and dairy products. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor; provided, however, cream may be served from the original bottle or from a dispenser approved for such service. All oysters, clams, and mussels, if shucked, shall be kept, until used, in the containers in which they were placed at the shucking plant.

(n) Storage, display, and serving of food and drink. All food and drink 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. The pouring lips of bottles containing milk or other beverages in non-leakproof containers shall not be submerged in water for cooling. All means necessary for the elimination of flies, roaches, and rodents shall be used. No animal or fowl shall be kept or allowed in any restaurant or in any room in which food or drink is prepared, stored, served, or sold; provided, however, specially trained dogs used as guides for blind persons need not be excluded.

(o) Cleanliness of employees. 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. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared.

(p) Premises. The premises of all restaurants shall be kept clean and free of litter and rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters.

(q) Dressing and linen facilities. Adequate lockers or dressing rooms shall be provided for clothing of employees and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for the purpose.

(§ VI, Ord. 170)

Itinerant restaurants shall be constructed and operated in a manner approved by the Health Officer on standards as nearly as practicable to those set forth in Section 6-4.10 of this chapter.

(§ VI, Ord. 170)

Every person before being employed in any restaurant shall submit to a physical examination and comply with the provisions of Chapter 2 of this title.

(§ XI, Ord. 170)

No person who is afflicted with any disease in a communicable form or who is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any person suspected of being afflicted with any disease in a communicable form or of being a carrier of such disease. If an employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the Health Officer immediately.

A placard containing the provisions of this section shall be posted in all toilet rooms.

(§ IX, Ord. 170)

When the Health Officer has reason to believe a possibility exists of transmission of infection from any restaurant employee, the Health Officer is hereby authorized to require any or all of the following measures:

(a) The immediate exclusion of the employee from all restaurants;

(b) The immediate closing of the restaurant concerned until no further danger of disease outbreak exists in the opinion of the Health Officer; or

(c) Adequate medical examinations of the employee and his associates, with such laboratory examinations as may be indicated, at the expense of the restaurant or employee.

(§ X, Ord. 170)

The Health Officer shall administer and enforce the provisions of this chapter. He shall have the power, subject to the approval of the Council to make and prescribe such rules and regulations not inconsistent with the provisions of this chapter as may be necessary to carry out the purposes and provisions of this chapter.

(§ XII, Ord. 170)