Taft Municipal Code Ch. 1 Restaurants

The purpose of this chapter is to establish standards for restaurants and food establishments and to provide procedures for complying with requirements placed upon the city by other regulatory agencies. (Ord. 836-20, 5-5-2020)

The following definitions shall apply in the interpretation and the enforcement of this Chapter:

3 -1-3: LICENSES:

It shall be unlawful for any person to operate a restaurant in the City who does not possess a business license as required by this Chapter. Such licenses shall be posted in a conspicuous place. Only persons who comply with the requirements of this Chapter shall be entitled to receive and retain such a license.

Such a license may be temporarily suspended by the Building Official or Kern County Public Health Services Department upon the violation by the holder of any of the terms of this Chapter. (Ord. 147 N.S., 4-47; amd. Ord. 836-20, 5-5-2020)

Restaurants and food establishments may be inspected as necessary by the City Building Official and the Kern County Public Health Services Department per Chapter 1.5 of this title. (Ord. 147 N.S., 4-47; amd. Ord. 836-20, 5-5-2020)

All restaurants shall comply with all of the following items of sanitation.

(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 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 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. In restaurants 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. Handwashing signs shall be posted in each toilet room used by employees.

(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) Lavatory Facilities: Adequate and convenient handwashing facilities shall be provided, including hot and cold running water, soap, and sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing their hands.

(I) Construction Of Utensils And Equipment: All multi-use utensils and all show and display cases or 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.

(J) Cleaning And Bactericidal Treatment Of Utensils And Equipment: All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single service containers shall be used only once.

All multi-use eating and drinking utensils shall be thoroughly cleansed and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal 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 material shall be used for the cleaning or polishing of utensils.

(K) Storage And Handling Of Utensils And Equipment: After bactericidal 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.

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

(M) Refrigeration: All readily perishable food and drink shall be kept at or below fifty degrees Fahrenheit (50°F) except when being prepared or served. Waste water from refrigeration equipment shall be disposed of in a sanitary manner.

(N) 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, that this requirement shall not apply to cream, which 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.

(O) 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. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches, and rodents shall be used.

(P) 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.

(Q) Miscellaneous: The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. (Ord. 147 N.S., 4-47; amd. Ord. 836-20, 5-5-2020)

Any construction, alteration, remodeling, or operation of a food establishment shall be approved by the planning and building departments and shall be in accordance with all applicable local, state, and federal statutes, regulations, and ordinances, including but not limited to Kern County Public Health Services Department and Kern County Fire Department. (Ord. 147 N.S., 4-47; amd. Ord. 836-20, 5-5-2020)

Any person operating a restaurant or food facility, whose business or food facility license has been suspended, may at any time make application for the reinstatement of the license per Chapter 1.5 of this title. (Ord. 147 N.S., 4-47; amd. Ord. 836-20, 5-5-2020)

It is the intent of the state legislature to reduce the likelihood of foodborne disease transmission by preventing any food employee who is suffering from symptoms associated with an acute gastrointestinal illness, or known to be infected with a communicable disease that is transmissible through food, from engaging in the handling of food until the food employee is determined to be free of that illness or disease, or incapable of transmitting the illness or disease through food as specified in Section 113949 through 113950.5 of the Health and Safety Code. (Ord. 147 N.S., 4-47; amd. Ord. 836-20, 5-5-2020)

3 -1-9: PROCEDURE WHEN INFECTION SUSPECTED:

Per Section 113949.1 of the Health and Safety Code, when a local health officer is notified of an illness that can be transmitted by food in a food facility or by an employee of a food facility, the local health officer shall inform the local enforcement agency. The local health officer or the local enforcement agency, or both, shall notify the person in charge of the food facility and shall investigate conditions and may, after the investigation, take appropriate action, and for reasonable cause, require any or all of the following measures to be taken:

(A) The immediate restriction or exclusion of any food employee from the affected food facility.

(B) The immediate closing of the food facility until, in the opinion of the local enforcement agency, the identified danger of disease outbreak has been addressed. Any appeal of the closure shall be made in writing within five days to the applicable local enforcement agency.

(C) Any medical evaluation of any employee, including any laboratory test or procedure, that may be indicated. If an employee refuses to participate in a medical evaluation, the local enforcement agency may require the immediate exclusion of the refusing employee from that or any other food facility until an acceptable medical evaluation or laboratory test or procedure shows that the employee is not infectious.

(D) For purposes of this section, "illness" means a condition caused by any of the following infectious agents:

(1) Salmonella typhi.

(2) Salmonella spp.

(3) Shigella spp.

(4) Entamoeba histolytica.

(5) Enterohemorrhagic or shiga toxin producing Escherichia coli.

(6) Hepatitis A virus.

(7) Norovirus.

(8) Other communicable diseases that are transmissible through food. (Ord. 147 N.S., 4-47; amd. Ord. 836-20, 5-5-2020)

The provisions of this Chapter shall be enforced by the building department, planning department, and Kern County Public Health Services Department, which said interpretations are hereby referred to and adopted as a part hereof as if fully incorporated herein. (Ord. 147 N.S., 4-47; amd. Ord. 836-20, 5-5-2020)