Chapter 8.12 — FOOD ESTABLISHMENTS

The health officer or his deputy shall have authority to inspect all eating establishments, food markets, food processing establishments and food vending machines in the lawful performance of his duties. No person shall obstruct the health officer in the performance thereof.

(Ord. 4498 § 4.04, 1959)

A.

Every eating establishment, food market and food processing establishment shall be maintained in a clean and sanitary condition at all times and be so constructed and maintained as to prevent flies, insects, rodents or any other vermin, or blowing dust or dirt from entering therein. All openable windows shall be effectively screened with wire screening of not coarser than 16 mesh and all doors to the outside shall be tight-fitting, self-closing and open outward.

B.

All eating establishments, food markets and food processing establishments shall have convenient toilet rooms separate and apart from the principal room of the establishment, but as a part of the building. Toilet rooms shall not open directly into any room where food is prepared, stored, displayed or served or where food utensils are stored or washed. The floors of all toilet rooms shall be of cement, tile laid in cement, vitrified brick, or other nonabsorbent masonry material coved at the walls for a vertical distance of at least 6 inches and sloped to floor drains. Toilet room floors shall be thoroughly washed daily. All toilet rooms for men shall be provided with a urinal. The doors of all toilet rooms and toilet anterooms shall be tight-fitting and automatically closing. All toilet rooms and toilet anterooms shall be ventilated by a screened window at least 3 square feet in area fully openable to the outside, unless a mechanical ventilation system is provided.

C.

Hand-washing lavatories shall be provided in toilet anterooms or toilet rooms, shall be maintained in a clean and sanitary condition and shall be supplied with soap, hot and cold running water and single-use sanitary towels.

D.

No place having an on-sale alcoholic beverage license shall have less than 1 toilet room for male patrons and 1 toilet room for female patrons.

E.

Every person who handles any food or drink for human consumption, or handles food utensils, before beginning work and immediately after visiting the toilet, shall wash his hands and forearms thoroughly with soap and hot water.

F.

No food, food utensils or containers shall be stored or placed less than 8 inches above the floor. All food, drink and utensils shall be stored, displayed, dispensed or served in a manner that will protect them from dust, dirt, flies, vermin, depredation and contamination by rodents, unnecessary handling, droplet infection, overhead leakage or other contamination.

(Ord. 4498 § 4.05, 1959)

A.

Every food market, eating establishment and food processing establishment shall be provided with metal utility sinks with integral sloping metal drainboards and hot and cold running water under pressure. The sinks shall be of sufficient size and number to accommodate the cleansing of the various food utensils, pans and appliances which require frequent washing during the normal usage in the establishment or market. Such sinks used for the washing, draining or thawing of food shall not be directly connected to the sewer system.

B.

For the purpose of cleaning, rinsing and sanitizing multi-use eating and drinking utensils, at least a 3-compartment metal sink with metal drainboards shall be provided, supplied with hot and cold running water, unless an approved commercial dishwashing machine is used.

(Ord. 4498 § 4.06, 1959)

Where bulk ice cream is dispensed, dippers shall be kept in wells provided with continuously running water, with over-flow line connected indirectly to sewer.

(Ord. 4498 § 4.07, 1959)

All unpackaged food placed on display and intended to be consumed without further cooking or washing, shall be protected by glass or other suitable material from flies, dust, dirt or any other contamination or handling by the public.

(Ord. 4498 § 4.08, 1959)

A.

All sugar served in public eating places shall be in containers equipped with tightly-closed tops and protected pouring spouts, or shall be dispensed as wrapped cubes or individually packaged portions.

B.

All cream served shall be in individual creamers containing not more than 1 ounce, in covered cream pitchers containing not more than 6 ounces, or from an approved refrigerated cream dispenser. All creamers, dispensers and pitchers shall be washed and sanitized before refilling.

(Ord. 4498 § 4.09, 1959)

All tin, tin-plated or coated tin cans or other similar cans shall not be used for cooking foods or for the storage of foods after being opened; except that the food originally sealed in the can may be stored in such can until all is used.

(Ord. 4498 § 4.10, 1959)

No food shall be stored directly in the water of a refrigerated water box or cooler unless the food is in a water-tight, hermetically sealed container. Sodium hypochlorite shall be added to the water to maintain a chlorine residual of at least 5 parts per million.

(Ord. 4498 § 4.11, 1959)

A.

Except as hereinafter indicated, the following food items shall during storage and transportation be held at temperatures permanently maintained either above 140° F. or below 50° F.:

Meat and meat products;

Dairy products, cream filled pastries and custards;

Macaroni and potato salad;

Gravy and dressing;

All other readily perishable food;

Food which may cause food poisoning if not subject to temperature control.

B.

Food items specified in subsection A hereof shall be excepted from food temperature control:

While in a properly preserved state;

While undergoing necessary processing.

C.

All frozen foods intended to be sold, delivered or stored in the frozen state shall be kept at a temperature sufficient to keep such food in the frozen state.

D.

Waste water from refrigeration equipment shall drain into the sewer system through an approved interceptor.

E.

A thermometer shall be placed in each refrigerator; and a suitable thermometer for testing food temperature shall be available at all places using steam table equipment or similar food-warming facilities.

F.

Unwashed foods, and boxes and crates containing foods, shall be placed in the refrigerator so as not to contaminate foods that will not be further washed or cooked before serving.

G.

Meat and meat products other than fish or fowl shall not be placed directly in contact with ice.

(Ord. 4498 § 4.12, 1959)

A.

No food or drink served or sold shall be again served, sold or reused should it or any portion thereof be returned for any purpose. This requirement does not preclude the reuse of foods packaged and sealed to prevent contamination and returned unopened.

B.

All unpackaged foods which are intended to be consumed without further cooking or washing shall be handled by food handlers with tongs, scoops, forks, spoons or clean paper.

C.

All cups and glasses shall be stored inverted. All cups and glasses shall be handled by the bottoms or handles only. All dishes and utensils, clean or used, shall be handled in a sanitary manner. All silverware shall be stored in a sanitary container protected from contamination and shall be handled by the handles only.

D.

After each use, the table top or counter so used shall be thoroughly cleaned and treated by 1 of the following methods:

Wipe the surface with a clean sponge or cloth which has been immersed in a solution containing 200 parts per million of an approved sanitizing chemical; or

Provide a clean table cloth; or

Provide a single-use, disposable place mat. Cloths and sponges used for cleaning, sanitizing and drying counter and table tops shall be kept clean and used for no other purpose.

E.

Toothpicks, when provided, shall be dispensed by a device which protects them from contamination until served, or they shall be prepackaged in individual servings.

(Ord. 4498 § 4.13, 1959)

All equipment for use in the cleansing and bactericidal treatment of food service utensils and in the preparation, cooking, storing, handling, serving or vending of food or drink shall be of a type approved by the health officer.

(Ord. 4498 § 4.14, 1959)

No person shall sell, or expose for sale the flesh of any animal or fowl unless the same has been slaughtered in an official establishment and shall have placed thereon under the supervision of the inspector of the United States or of the state a mark, stamp, brand or tag showing that the same has been inspected and passed for food purposes.

(Ord. 4498 § 4.15, 1959)

The health officer or his deputy is authorized to take samples of meat and other foods to determine the purity and wholesomeness and for the purpose of evidence. No person shall prevent, oppose or resist the taking of samples by the health officer or his deputy in the lawful performance of his duty.

(Ord. 4498 § 4.16, 1959)

No person shall use any delivery boxes, or other containers for the delivery of meat, unless the boxes and containers are in good repair, clean and sanitary, and bear the name of the establishment to which they belong in plain lettering at least 1 inch high.

(Ord. 4498 § 4.17, 1959)

In addition to other requirements of this chapter:

A.

All refrigerators, display cases, hooks, receptacles, containers, shelves, implements and equipment used for holding or preparing meat, shall be of noncorrosive metal, in good repair and kept in a clean and sanitary condition.

B.

Counters and tables used for handling of meat shall be provided with tops of a nonabsorbent material.

C.

Every block or table upon which meat is placed for cutting shall be kept clean and smooth, and shall contain no cracks or crevices.

(Ord. 4498 § 4.18, 1959)

No person shall keep any meat not intended for human consumption, or any hide, skin or pelt of any animals, within any refrigerator or cooling room in which meat intended for human consumption is stored.

(Ord. 4498 § 4.19, 1959)

No person affected with any infectious disease in a communicable form shall engage in or serve in the business of a food handler in this city.

(Ord. 5176 § 6, 1974: Ord. 4498 § 4.20, 1959)

No owner of any eating establishment, food market or food processing establishment shall employ or retain in his employ any food handler who is affected with a communicable disease.

(Ord. 5176 § 7, 1974: Ord. 4498 § 4.21, 1959)

A.

Only such materials shall be used in the construction of food vending machines which will withstand wear, penetration of vermin, the corrosive action of foods or beverages to be dispensed, cleaning compounds and such other elements as may be found in the use environments. Surfaces in contact with food or beverage shall be of a nontoxic material and shall not contribute to the adulteration of the product for the specific application under consideration.

B.

All materials which are in contact with unpackaged foods or beverages shall be stainless steel, nickel alloy, vitreous china, thermal and shock resistant glass or approved plastic.

C.

Surfaces in contact with foods or beverages that are packaged shall be galvanized steel or equally resistant material.

D.

Paint shall be an acceptable finish for normally dry, nonwearing surfaces that are not in contact with the product. Paint shall not be used on surfaces which are so located that paint is likely to fall into the product if chipping or flaking occurs.

E.

Solder in contact with food, drinking water and beverages or ingredients shall contain as small an amount of antimony, cadmium, lead, zinc or other toxic materials as can practicably be used and still accomplish its purpose.

F.

When welded seams are used, the weld area and deposited weld metal shall be equally as cleanable and resistant to corrosion as the parent material.

G.

Food vending machines shall be designed and constructed in such a manner as to be easily cleaned. All parts having product contact surfaces shall be easily accessible, visible and readily cleanable, either in an assembled position or when removed. Demountable parts shall be removable without the use of tools. Products' contact surfaces shall be accessible for sanitizing after assembly for operation, if cleaning in place is required.

H.

Food vending machines shall be mounted on legs 6 or more inches in height, or shall be mounted on casters or rollers.

Machines designed to be mounted on counters or tables shall conform to the foregoing provisions, or be sealed to the counter or table, or be mounted on legs 4 inches or more in height.

(Ord. 4498 § 4.24, 1959)

Whenever the health officer or his deputy finds, or has probable cause to believe, that any food, food container, food equipment or device is adulterated, contaminated with filth or insects, or is unwholesome, misbranded or otherwise dangerous to health, he shall affix to the food, container, equipment or device, a tag giving notice that such food, container, equipment or device, is quarantined. No person shall sell, remove or dispose of any food so quarantined, or remove or deface any quarantine tag without permission in writing from the health officer or his deputy.

(Ord. 4498 § 4.25, 1959)

A.

All eating establishments, food markets, food processing establishments and food vending machines which are kept, maintained or operated in violation of any of the provisions of this title or rule or regulation of the health officer are declared to be a public nuisance and dangerous to public health. Such nuisances may be abated or enjoined in an action brought for that purpose by the health officer, or in the manner provided by relevant ordinances of the city for the abatement of public nuisances.

B.

The health officer may make additional rules and regulations concerning the construction, operation and equipment of eating establishments, food markets, food processing establishments and food vending machines deemed necessary for proper sanitation and health protection.

(Ord. 4498 § 4.26, 1959)