Modesto Municipal Code Art. 3 Eating and Drinking Establishments

For the purpose of this article, certain words are defined as follows:

(a) Eating and Drinking Establishment: All public establishments where food or drink, either cooked or uncooked, is prepared, sold, offered for sale or served for consumption upon the premises, except soft drink establishments as herein defined. Private dwellings or households where less than six (6) persons are boarded as paying guests shall not be considered as coming within this definition.

(b) Utensils: All utensils and equipment used in the storage, processing, preparation or serving of food intended for human consumption with which food or drink comes into contact during such use.

(c) Operator: Every person, as owner or agent, conducting the business of an eating and drinking establishment.

(d) Employee: Any person who handles food or drink during the preparation or serving, or who handles any of the utensils used in the preparation or serving of food or drink or who is employed at any time in any room in which food or drink is handled, prepared or served in any eating and drinking establishment providing that no person whose employment is temporary in nature and entirely unrelated to the business of the eating and drinking establishment shall be deemed to be an employee.

(Ord. 886-N.S., § 1, amended by Ord. 388-C.S., effective 6-30-60)

It shall be unlawful for any person or the agent or employee of any person to operate an eating and drinking establishment in the City unless it conforms to standards and requirements of the California Restaurant Act, Sections 28520—28696 of the Health and Safety Code of the State of California, and the rules and regulations of the State Department of Public Health.

(Ord. 886-N.S., § 2, amended by Ord. 1809-C.S., § 1, effective 3-15-79)

(Repealed by Ord. 388-C.S., effective 6-30-60)

(Repealed by Ord. 388-C-S., effective 6-30-60)

Any piece of equipment or any fixture in any restaurant which has deteriorated to such an extent as to be no longer satisfactory for use shall be replaced promptly by acceptable equipment.

(Sec. 5, Ord. 886-N.S.)

The handling of cracked ice, butter pats, bakery products or any other food products with the hand shall be minimized if such article of food or product can be mixed, prepared, handled or served with some utensil which can be adequately subjected to cleaning and bactericidal treatment.

(Sec. 6, Ord. 886-N.S., amended by Ord. 388-C.S., effective 6-30-60)

Contact of fingers and hands with the rim of any cup or glass intended to be used in serving any patron shall not be permitted. Carrying cups or glasses by inserting the fingers inside is prohibited. Knives, forks and spoons intended to be used in serving any patron shall be handled by their handle ends only and touching any part that is used in cutting or conveying food to the mouth is prohibited.

(Sec. 7, Ord. 886-N.S.)

The use of any chipped, cracked or broken cups, glasses, plates or saucers in the serving of any food or drink is prohibited.

(Sec. 8, Ord. 886-N.S.)

The use within any eating and drinking establishments of any open sugar bowl or container is prohibited. If cube sugar is served, it shall be individually wrapped in paper or other approved material so as to protect it against contamination by dust, flies, and manual handling.

(Sec. 9, Ord. 886-N.S.)

All persons engaged in preparing food or serving food or drinks shall wear a suitable device for confining the hair as approved by the Health Officer.

(Sec. 10, 886-N.S., amended by Ord. 388-C.S., effective 6-30-60)

Bacterial examinations of eating and drinking utensils may be made from time to time by the Health Officer. In any such test, a resulting bacterial count exceeding one hundred (100) organisms per utensil surface examined shall be considered as unsatisfactory. Any three (3) such unsatisfactory results from such test taken in any restaurant within any sixty (60) day period shall warrant the closing of the restaurant concerned until such time as it has been demonstrated that any condition causing such unsatisfactory utensil sanitization has been effectively corrected.

(Sec. 11, Ord. 886-N.S., amended by Ord. 388-C.S., effective 6-30-60)

It shall be the duty of any operator of an eating and drinking establishment to keep an accurate, up-to-date list of all persons employed therein and to furnish a true copy of such list to the Health Officer upon request.

(Sec. 12, Ord. 886-N.S.)

It shall be unlawful for any person to engage in the handling, preparation or storage of food or drink, or the sanitizing of utensils in any eating and drinking establishment for a period of time longer than thirty (30) working days, or for any eating and drinking establishment operator to employ or permit any person to engage in such activities therein for longer than this period of time unless such person holds a food handler's card issued by the Health Officer. All food handler's cards shall expire one (1) year from the date of issuance.

As a prerequisite to the issuance of a food handler's card, the Health Officer may require a course of instruction be taken by the applicant, which course shall be provided by the Health Department of the City. The Health Officer may also require any other physical examinations or tests which may be necessary for the protection of public health.

The Health Officer shall not give any treatment required for any condition revealed by such examination or such test and shall not be responsible in any manner for the cost of any such treatments.

(Ord. 886-N.S., amended by Ord. 388-C.S., and 823-C.S., effective 4-5-67)