Monrovia Municipal Code Ch. 5.68 Restaurants

For the purposes of this chapter, the words set out in this section shall have the following meanings:

FOOD. Any substance eaten or drunk for nourishment or refreshment of the body, whether the food is in storage, in process of preparation or ready to serve.

HAWKER. Any person who proclaims his wares on the street or property adjacent thereto, the articles for sale being contained in a wagon, box or vehicle or carried by the person.

OPERATOR. Any person engaged in the dispensing of, or assisting in the preparation of food in a public eating place.

OWNER or OWNERS. Those persons, partnerships or corporations who are financially interested in the operation of a public eating place.

PUBLIC EATING PLACE. Every restaurant, lunchroom, tearoom, soda fountain, buffet, grill room, lunch counter, sandwich stand, dining room, coffee shop, public boarding house, having more than three boarders, hotel, club, beer parlor, cocktail lounge and every other place where food or drinks are prepared and sold, to be consumed on the premises, and all kitchens, commissaries and other rooms appurtenant thereto or connected therewith. All places where sandwiches, lunches and box lunches are prepared for sale to the public shall also be classified as PUBLIC EATING PLACES.

(`83 Code, § 5.68.010)

It shall be the duty of the Health Officer of the city to enforce all of the provisions of this chapter and it shall be unlawful for any person to interfere with the Health Officer in the performance of his or her duty.

(`83 Code, § 5.68.020)

(A) Any person intending to operate any public eating place shall, before opening or operating such eating place, make an application to the Health Officer upon a form provided by such Health Officer, giving the name of the owner or manager thereof, the name or names of all operators, the location, the location and the size of the kitchen, type of ventilation, method of vermin and fly control, facilities for refrigeration, lavatory facilities, dressing room or locker accommodations, dishwashing equipment, method of sterilization of utensils and equipment, and such other information as the Health Officer may require for the administration of this chapter.

(B) This application shall include a signed statement that such applicant will observe the rules and regulations of this chapter.

(`83 Code, § 5.68.030)

Following receipt by the Health Officer of the application required by §§ 5.68.020 and 5.68.030, he or she shall make or cause to be made an inspection of the premises, and if the provisions of this chapter have been complied with, he or she shall so certify the fact to the applicant and issue a permit to operate. No permit to operate such public eating place shall be issued to any person until all of the provisions of this code, as well as all ordinances of the city pertaining to public eating places, have been complied with. Any permit issued under the provisions of this chapter, may be, upon request, transferred by the Health Officer from one person to another to operate the business at the same location under the rules and regulations of this chapter but not otherwise.

(`83 Code, § 5.68.040)

If it be determined by the Health Officer following any investigation or inspection of a public eating place that the owner, manager or operator has not complied with or is violating any of the rules and regulations of this chapter, the Health Officer shall immediately revoke the permit so issued.

(`83 Code, § 5.68.050)

The owner, manager or operator of any public eating place in which the permit to operate has been revoked shall be required to completely correct the condition upon which the Health Officer based his or her reason for revoking the permit, and shall be required to make a new application for a permit as provided for in § 5.68.030, before again operating said public eating place. Such application shall also include a statement signed by the operator that the condition complained of by the Health Officer has been completely corrected.

(`83 Code, § 5.68.060)

(A) It shall be unlawful for the owner, manager or operator of any public eating place to prepare, dispense or serve food or drink therein unless such person fully complies with the requirements of this code pertaining to the cleaning, washing and sterilizing of all eating and drinking utensils used in such public eating place, and it shall be unlawful for any such person to use any glasses, cups, dishes, silverware, containers or utensils in the preparation, dispensing or serving of food or drinks at any public eating place, unless the articles are washed between each use as prescribed in this chapter.

(B) The bacterial count shall not exceed 100 organisms per utensil surface examined.

(C) The following methods for washing, cleaning and sterilizing utensils may be used:

(1) There shall be an amount of soap or other detergent in the wash water tank sufficient to thoroughly clean all utensils.

(2) The temperature of wash water in the tank shall be maintained at not less than 180°F at all times.

(3) The soapy wash water in the tank shall be changed at frequent intervals, and at no time shall it have a bacteriological count in excess of 50,000 organisms per cubic centimeter, nor shall it have numerous food particles in suspension as shown by sedimentation disk.

(4) The washed eating and drinking utensils shall then be subjected to one or other of the following methods:

(a) The rinse water in the tank shall be not less than 150°F and the length of time the utensils remain in the rinse water tank shall be not less than one minute. Utensils may then be placed immediately upon a clean counter or shelf, or dried by wiping with a clean, laundered towel.

(b) A chlorine bath may be used. The chlorine content of the solution shall be maintained at not less than 200 parts per million. The length of time utensils remain in the chlorine bath shall be not less than two minutes. Upon removal from the chlorine solution the utensils may be immediately placed on a clean counter or shelf, or dried by wiping with a clean, laundered towel, or rinsed in clean running water. Time exposure for sterilization purposes is an important factor and it shall be unlawful to dip utensils into a chlorine bath solution, or to simply scald by flowing hot water upon washed utensils.

(5) Machine procedure shall be as follows:

(a) Temperature of soapy wash and rinse water shall not be less than 160°F.

(b) An adequate amount of soap or other detergent shall be used in the wash water to thoroughly clean all utensils.

(c) In the rinsing process, a sufficient amount of fresh water shall be used so that there will be a frequent change of the soapy wash water.

(D) In lieu of the foregoing method for washing and sterilization of glasses, cups, spoons, and the like, there may be used, for one service only, such articles manufactured from paper or any other sanitary material, handled in a sanitary manner.

(E) The City Health Officer is hereby authorized to inspect all methods used in washing, cleaning and sterilizing of utensils in any public eating place to ascertain whether the requirements of this chapter are being complied with, and it shall be his or her duty from time to time to determine the effectiveness of the methods used in cleaning, washing or sterilizing of utensils used in a public eating place.

(`83 Code, § 5.68.070) (Ord. 82-58 § 1, 1982)

(A) No building, room or place shall be hereafter established, used or occupied as a restaurant, cafe, tea room or place where food, beer or alcoholic liquor is sold for consumption of the premises, unless there shall be maintained in connection therewith for use by the patrons not less than one toilet and one urinal for the male sex, not less than one toilet for the female sex, and not less than one lavatory for each sex adjacent to such toilets.

(B) Hand washing facilities in good repair shall be provided for employees within or adjacent to toilet rooms and shall be equipped with hot and cold running water. Hand washing detergent or soap and sanitary towels or hot air blowers shall be provided at hand washing facilities in permanently installed dispensing devices. No person shall begin or resume work in a restaurant after visiting the toilet without first washing his or her hands. Legible signs shall be posted in each toilet room directing attention to this requirement.

(`83 Code, § 5.68.080) (Ord. 82-58 § 2, 1982)

(A) It shall be unlawful for any hawker to sell food unless he or she shall have first secured a permit therefor and a registration certificate as required by the provisions of this chapter. Such permit when issued shall be firmly affixed in a conspicuous place to the vehicle, box or container used by the hawker in connection with his or her business of selling food. Any person wishing to obtain a registration certificate to sell food shall apply therefor to the Health Officer. Such application shall contain a complete and accurate history under oath of the health of the applicant, and the applicant shall, when deemed necessary by the Health Officer, submit to a physical examination. Such certificate shall be issued for the period of one year and must be renewed annually thereafter. A fee of $0.50 shall be charged for the issuance or renewal of such certificate. Such certificate may be revoked by the City Health Officer if the holder thereof becomes infected with a communicable disease.

(B) Any person wishing to obtain a permit tag shall apply therefor to the Health Officer on forms prescribed by him and shall pay therefor a fee of $0.50. A metal tag containing the number of the permit shall be issued to the applicant upon his compliance with the provisions of this chapter, and shall be revocable thereafter by the Health Officer upon the violation by such permittee of any of the provisions of this chapter. Neither the registration certificate nor the permit tag shall be transferable.

(C) All food handled by such hawker shall be kept free from dust, dirt, flies or other contaminating influence, and the vehicle, box or container from which food is sold shall be delivered to the buyer in or upon paper containers or other material approved by the Health Officer unless such article is sold in an original container.

(`83 Code, § 5.68.090)