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HomeMy WebLinkAbout1956-B-1892 ORDINANCE NO. B -1892 AN ORDINANCE relating to and regulating the - sanitation and health requirements of public food establishments, restaurants, drinking places, grocery stores, and food markets, and the issuance and revocation of licenses and permits with reference thereto,including food and beverage service worker's permits; providing for the payment of application, license, and permit fees in connection therewith; prescribing penalties for violations thereof;. amending section 2 and repealing section 5 of Ordinance No. B -56; and declaring an emergency. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Definitions. As used herein the following terms shall have the following meanings: (a) Food Establishment shall mean any restaurant, drinking place, grocery, and food market as hereinafter defined. The term food establishment shall not be construed to mean those establishments or vendors which sell or deliver packaged foodsswhich are not removed from their original containers from the time of processing and packing in an approved plant until reaching the ultimate consumer; however, foods sold or delivered by such establishments and vendors shall be kept in clean containers or cabinets so constructed as to prevent contamination such as by dust or insects. Such foods which are perishable or which will support the growth of organisms which will produce illness or disease shall be kept at a temperature of 50 Fahrenheit or less. (b) Restaurant shall mean any place where food and drink is served to or provided for the public with or without charge, such as hotels, restaur- ants, cafes, cafeterias, coffee shops, boarding houses serving more than ten people, street vendors or stalls, private, public, parochial, or Sunday schools, churches and public institutions, railway stations and recreational and labor camps, and similar establishments, as well as kitchens and other places in which food is handled or prepared for service elsewhere to the public. (c) Drinking places shall mean any place where drink is served to or provided for the public with or without charge, such as bars, taverns, and soda fountains. (d) Grocery or Food Market shall mean any place, wholesale or re- tail, where food in bulk or package form is provided for the public for prepar- ation and service elsewhere. This definition shall not be interpreted to include slaughter houses and bakeries, but shall include products of these establishments. (e) Itinerant Food Establishment shall mean a food establishment operating for a temporary period of time, such as in connection with a fair, carnival, circus, public exhibitions, or other similar gathering, and including stores or other establishments where food or drink is prepared, served, or demonstrated to the public with or without charge, or where samples of food or drink are given or served to the public.The term itinerant food establishment shall not be construed to mean those establishments or vendors which sell or deliver only packaged foods which are not removed from their original containers from the time of processing and packing in an approved plant, until reaching the ultimate consumer. (f) Employee shall mean any person working in any of the establish- ments defined in sections 1 (a), (b), (c), (d), and (e), who handles food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared or served. (g) Utensil shall include any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving. (h) Health Officer shall mean the Yakima County -City Health Officer or his authorized representative. (i) Person shall mean person, firm, corporation, partnership, or association. Section 2. Inspection of Food Establishments. At least once every six months the health officer shall inspect every food establishment located in said city. One copy of the inspection report shall be posted by the health officer upon an inside wall of the food establishment, and said inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health department. Section 3. Sanitation Requirements of Food Establishments. All food establishments shall comply with the following items of sanitation: Item 1. 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, water impervious, well- drained, and shall be kept clean and in good repair. If floor drains acre used they shall be provided with proper traps and so constructed as to minimize clogging. The cleaning of such rooms shall be accomplished by dustless methods. _.1 352 Item 2. 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, or utensils are washed, shall have smooth, washable surfaces up to the level reached by splash or sprays; shall preferably be finished in a light color and shall be cleaned at sufficiently frequent intervals to maintain the surface in a satisfactory condition. Item 3. Doors and Windows. Doors and windows shall be kept clean and in good repair. When flies are prevalent, all openings into the outer air shall be effectively screened, with not less then 16 -mesh screen, or equal. All outside doors shall be self - closing. Item 4. Lighting. All rooms in which food or drink is stored or prepared, or in which utensils are washed, shall be provided with artificial light sources equivalent to at least 25 foot - candles on working surfaces, as measured by a suitable light meter, and such artificial light sources shall be in use except when equivalent natural light is present. This requirement .does not apply to dining rooms. All light fixtures shall be kept clean and in good repair. Item 5. Ventilation::. All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be sufficiently well ventilated to prevent the accumulation of disagreeable odors and excessive conden- sation. This requirement shall not apply to cold storage rooms. Item 6. Water Supply. Running hot and cold water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and shall be adequate and of a safe, sanitary quality; meeting the standards as set forth in Part 2, Book V, Rules and Regulations of the State Board of Health governing Public Water Supplies. All plumbing and equipment shall be constructed, installed, and operat- ed so that there shall be no cross - connections between the potable water supply and any source which is, or may be, contaminated or polluted. Item 7. Toilet Facilities. Every food establishment shall be prov- ided with adequate and conveniently locatedtnilet facilities on the premises for its employees, conforming with all ordinances which are applicable. The doors bf all toilet rooms shall b e self - closing. Booths open at the top shall not qualify as adequate toilet rooms. Toilet rooms shall be kept in a clean condition, in good repair, the walls free from defacement, well lighted, and well ventilated to the out- side air, and shall not be used as a storage area. Signs shall be posted in each toilet room used by employees directing employees to wash their hands before return- ing to work. Item 8. Lavatory Facilities. Adequate handwashing facilities shall be provided, including warm water, soap, approved sanitary towels, convenient to toilets and to all rooms in which food is prepared. The use of a common towel is prohibited. No employee shall resume work after using the toilet room, without first washing his hands. Item 9. Construction of Utensils and Equipment. All multi -use utensils and all show and display cases or windows, counters, shelves, tables, re- frigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a food establishment shall be so constructed as to be easily cleaned and shall be kept clean and in good repair. All surfaces of multi -use uten- sils and equipment with which food or drink comes in contact, shall be of non -toxic material, free of breaks, corrosion, open seams, cracks, and chipped places. Item 10a. Cleaning of Equipment. All equipment, including display cases or windows, counters, shelves, tables, meat blocks, beer dispensing facilities, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, grease, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Item 10b. Cleaning of Utensils. All multi -use utensils used in the preparation or serving of food and drink shall b e thoroughly cleaned after each use. The cleaning shall be accomplished by pre - rinsing when necessary, followed by thorough washing in warm water (handwashing - 110 ° F. minimum; machine dishwashing - 125 F. minimum) containing an adequate amount of effective detergent. The recommended dosage of detergent is one pound per 50 gallons of fresh water. The detergent concen- tration shall be maintained by dispenser or a definite system of manual feeding. Item 10c. Bactericidal Treatment. After thorough cleaning, all utensils shall be effectively subjected to one of the following bactericidal processes as approved by the health officer: METHOD 1. Immersion for at least two minutes in clean, hot water, at a temperature of at least 170 ° Fahrenheit, or for one -half minute in boiling water. Unless actually boiling water is used, an approved thermometer shall be available convenient to the vat. Where this method is employed, there shall be provided a hot - water heater, capable of maintaining a water temperature of at least 170 ° Fahrenheit in the vat at all times during business hours. When the heating device is integral with the immersion vat it is recommended that the vat be sufficiently insulated to maintain the required temperature. The pouring of scalding water over washed utensils shall not be accepted as satisfactory compliance. METHOD 11. Chemical. Immersion for at least two minutes in a san- itizing solution containing at least 50 ppm. of available chlorine if hypochlorites are used. This solution shall be made up to double strength and shall not be used after its strength has been reduced to below 50 ppm. If chloramines, quatenary ammonium compounds, iodine, or other chemical agents are used, the concentration shall be sufficient to provide equally effective sanitization. 353 When chemical treatment is used, the utensil shall be rinsed free of washing compound before being immersed in the sanitizing solution. When this method is used, a three - compartment vat shall be required; the first compartment to be used for washing, the second for plain rinsing,'and the third for chemical immersion. METHOD 111. Dishwashing Machines. When dishwashing machines are used, they shall be kept clean and in good repair. There shall be no overcrowding of utensils in the racks. Hot water facilities must be provided which shall furnish rinse water at 180° F. measured at the rinse head and for the maximum demand of the machine. The period of exposure to rinse water shall be specified by the health officer. An easily readable thermometer shall be installed near the dis- charge end of the machine to show the temperature of the final rinse water. The bulb shall be so located as to show the temperature of water entering the spray arm or manifold of the final rinse. Similarly, a thermometer or thermometers shall be installed to show the temperature of the water in all tanks. All thermometers shall be so placed as to be easily read and so located as not to be unduly exposed to breakage. For automatic machines bearing the seal of approval of the National Sanitation Foundation, the manufacturer's directions shall be followed. METHOD IV. Some other equally effective means; provided that such method or methods as are employed shall be approved by and shall result in a degree of sanitization satisfactory to the health officer, and provided that continuous effectiveness of such methods can be readily established. By any method used, the final test for cleanliness and satisfactory bactericidal treatment shall be freedom from grease and any other foreign matter and meet bacterial standards as set forth by the health officer. The use of drying cloths are not recommended; however, if drying cloths are used they shall be clean and shall be used for no other purpose. Utensils that are too large to be sanitized by methods outlined above shall be treated by one of the following methods: (1) With live steam from a hose, in the case of equipment in which steam can be confined. (2) With boiling rinse water. (3) With spraying or swabbing with a chemical sanitizing solution of approved strength. Single service containers shall be used only once. Item 11. Storage and Handling of Utensils and Equipment. After bacteri- cidal treatment, no utensil shall be stored except'in a clean, dry place, protected from flies, dust,' insecticides, drugs, or other toxic substances or other contamin- ation s� far as practicable. Single- service utensils shallLe purchased only in sanitary containers, shall be stored therein, in a clean, dry place until used, and shall be handled in a sanitary manner. Spoons, spatulas, dippers, etc., used for dispensing . frozen desserts, shall, when not in use, be kept in clean running water. Drinking straws shall be individually wrapped or served from approved sanitary dispensers. Item 12. Disposal of Wastes. All wastes shall be properly disposed of in such a manner as not to constitute a nuisance or a public health hazard. There shall be provided and maintained in a suitable location a sufficient number of garbage containers of water -tight construction, made of non - absorbent material and provided with handles and close fitting covers, and all garbage shall be kept "therein, pending its removal and disposal. Garbage containers shall be washed at intervals frequent enough so as to prevent nuisance. Garbage shall not be allowed to remain in any room where food is prepared or eaten. Metal receptacles shall be used in toilet rooms for paper towels and other waste. Item 13. 'Refrigeration. All readily perishable food or drink and food or drink which will support the growth of organisms which will produce illness or disease shall be kept at or below 50° Fahrenheit except when being prepared or served. An indicating thermometer shall be provided in each refrigerator. Waste water from refrigeration equipment shall b e properly disposed of and there shall be no direct connection to a sewer. Item 14a. Wholesomeness of Food. All food shall be from approved sources and shall be clean, wholesome, free from spoilage, stored and prepared so as to be safe for human consumption. Portions of food once served to customers shall not be served again. Item 10. Wholesomeness of Milk. All milk, fluid milk products, ice cream and other frozen desserts, sold or served, shall b e from approved sources. Milk and fluid milk products shall be sold or served in the original containers in which they were received from the distributor or from an approved bulk dispenser. Iten 14c. Wholesomeness of Shellfish. All oysters, clams, and mussels sold or served shall be from approved sources, and if shucked, shall be kept until sold or served, in the :containers bearing proper state certificate number. Item 15a. Storage of Food and Drink. All food products which are stored shall be protected against overhead leakage or condensation. Bottled drinks shall be stored in such a manner that they cannot be completely submerged. All food products, other than those packaged in metal, glass, or equally impervious material, shall be stored above the floor in such manner as to prevent any possible contamin- ation by mop water, sewage backflow, insecticid other toxic materials, animals, vermin, rodents, or other sources. There shalltbe adequate facilities for the proper storage of food. M4 Item 15b. Display and /or Serving Food and Drink. All food shall be handled in such a manner as to minimize the opportunities of contamination. Manual contact with all food shall be avoided in so far as possible. When food is exposed, it shall be protected by glass, or equal, from any source of contamination such as dust from door or window openings, droplet infection or public handling. No house- hold pet, animal or live fowl shall be kept or allowed in any room in which food or drink is prepared, stored or served. All means necessary for the elimination of flies, other insects, vermin and rodents shall be used. Item 15C. Vector Control. All food establishments shall be rat - proofed and maintained in a rat - proofed condition and shall be kept free of rats, mice and other vermin. All poisonous compounds used for extermination of rodents or insects shall be so colored as to be easily identified, and used with extreme caution; and stored in such a manner as to prevent unauthorized use or possible contamination of food and drink. Item 16. Cleanliness of Employees. Any person, while working in any food establishment, shall not engage in any practice which tends to be detrimental to the cleanliness and sanitation of the food establishment or to the health of the patrons or employees thereof. All persons working in food establishments shall keep clean and shall wear only clean outer garments, and shall keep their hands clean while engaged in the handling of food. No employee shall use tobacco in any form while engaged in the handling of food. Employees shall wear caps, hairnets, or other similar hair covering while engaged in the handling of food. Item 17. Miscellaneous. The premises of all food establishments shall be kept clean and free of litter or rubbish. Adequate facilities or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linen, coats, and aprons shall be kept containers provided for this purpose. None of the operations connected with a food establishment shall be conducted in any room used as living or sleeping quarters. Section 4. Itinerant Food Establishments. Item 1. Any person desiring to operate an itinerant food establish- ment as defined in section 1(c) shall first make application to the city clerk for a permit to operate such an establishment. The application shall include the following: . (a) Name and permanent address of owner or operator or person who shall be responsible for the operation. (b) Type of itinerant food establishment desired to be operated including types of food and drink planned to be served. (c) Location and site of proposed establishment. (d) Duration of time the itinerant food establishment, is to be operated. Upon receipt by the city clerk of the completed application and a permit fee in the sum of 82.50 per day, and an agreement to adhere to the sanitary requirements hereinafter listed, the determination of the suitability of the site and location, and upon investigation and approval by the health officer, the city clerk shall issue a temporary permit to the applicant to operate an "Itinerant food establishment" for the duration of the time designated on the application. Item 2. No person shall operate an itinerant food establishment who does not possess such an unrevoked permit from the city clerk. All permits • shall be posted in a conspicuous place. Only persons who comply with the require- ments hereof shall be entitled to receive and retain such permits. Item 3. Foods sold or delivered by such establishments and vendors shall be kept in clean containers or cabinets so constructed as to prevent contam- ination such as by dust or insects. Such foods which are perishable or which will support the growth of organisms which will produce illness or disease shall be kept at a temperature of 50 ° Fahrenheit or less. Item 14 All booths or stalls shall;lbe located in clean surroundings and kept in a clean and sanitary condition. Item 5. The booths or stalls shall be so constructed that food, drink, utensils and equipment will not be exposed to insects or to dust and other contaminations. Moist sawdust, peat, or other similar material may be used to keep down excessive dust. Item 6. All food shall be from approved sources and shall be clean, wholesome, free from spoilage, stored and prepared as to be safe for human consump- tion. Portions of food once served to customers shall not be served again. Item 7. An adequate supply of hot and cold water and a suitable sink shall be easily available and shall be used for cleaning utensils and equipment. Item 8. Only single service utensils shall be used in the serving of food and drink unless facilities are provided in the booths or stalls which meet all of the requirements of section 3, item 10, hereof, and the operations are satis- factory to the health officer. Item 9. All readily perishable food or drin and food or drink which will support the growth or organisms which will produce illness or disease shall be kept at or below 50 Fahrenheit except when being prepared or served, and an indicating thermometer shall be provided. Waste water from refrigeration equip- ment shall be properly disposed of and there shall be no direct connection to a sewer. p 55 Item 10. Ice shall be from a source approved by the health officer and so handled and stored as to prevent contamination. Item 11. Garbage and refuse from food booths and stalls shall be kept in tightly covered, water -tight containers until removed.. Refuse containers shall be available on the grounds at convenient locations near the booth. Item 12. Waste water and other liquid wastes shall not create a nuisance, and shall be disposed of by a method approved by the health officer. Item 13. Adequate toilet and hand - washing facilities, including warm water, soap, and individual towels, shall be readily accessible to those working in the booths. Common towels are prohibited. Item 14. Bottles or other containers of carbonated or non - carbonated beverages shall not be completely submerged in cooling water. The cooling contain- ers and the water therein shall be kept clean, and free from contamination. Item 15. Drinking straws shall be individually wrapped or served from sanitary, approved dispensers. Item 16. Sugar portions shall be individually wrapped or served from sanitary, approved dispensers. Item 17. All water supplies shall be of a safe, sanitary quality, and from a satisfactory source approved by the health officer. Item 18. No employer shall permit any person to be employed to work as a food handler knowing such person'to have, or having reason to believe that he or she has, a contagious or infectious disease; and no persons shall work as food handlers knowing themselves to have, or having reason to believe they have a contag- ious or infectious disease. Section 5. Disease Control. No food establishment shall employ any person affected with a disease in a communicable form or any person with open lesions or sores. Section 6. Notification of Disease. Notice shall be sent to the health officer immediately by the manager of the food establishment if he or any employee contracts any infectious, contagious, or communicable disease. It shall be the duty of every such employee reporting for work to notify the food establishment manager immediately when any of said conditions obtain. If the manager concerned fails to notify the health officer, and the employee concerned fails to notify the manager immediately when any of said conditions obtain, each concerned shall be held to have violated this section. Section 7. Procedure when Infection Suspected. When; in the opinion of the health officer, there exists the possibilityof transmission of infection from any food establishment employee, the health officer is authorized to require either of the following measures: (1) the immediate exclusion of the employee from all food establishments; (2) the immediate closing of the food establishment concerned until, in the opinion of the health officer, no further danger of disease transmission exists. All persons handling or preparing food stuffs or beverages for sale shall have an examination by a doctor of medicine for the purpose of determing the presence of a communicable disease, whenever desired and requested - by the health officer. Section 8. Food and Beverage Service Employees Permit. (a) Every food or beverage service employee in any establishment offering food and /or unbottled beverage for public consumption shall obtain a "Food Service Worker's Permit" throught he health department, before beginning employment. (b) To obtain a Food and Beverage Service Worker's Permit, the applicant shall furnish evidence of knowledge of acceptable practices in the sanitary preparation, service and storage of food and beverage, and the proper sanitation of equipment and facilities involved, according to procedures set forth in a "Manual for Food and Beverage Service Workers "approved by the state director of health. (c) The health officer may issue a permit to any food or beverage service employee under circumstances in which it is necessary for such worker to begin employment before he or she has had the opportunity to qualify for the regular permit by satisfactorily passing the prescribed tests. However, such temporary permits shall be valid for a maximum of thirty days only after issuance. (d) Period of Validity and Renewal of Permit. 1. Food and beverage service workers shall be required to renew their permits by examination every two years. 2. Application for renewal of permit shall be made within one month of the expiration date of the current valid permit. (e) A uniform reasonable permit fee, not exceeding X2.00, may be charged for permits issued hereunder in the discretion of the health officer. (f) Reciprocity. Food and Beverage Service Worker's Permits issued by one local health officer in this state shall be valid for the period of time the permit is valid in the jurisdiction in which it was issued. This permit is issued on the basis of minimum requirements. Additional requirements demanded by 356 the health department must be complied with upon renewal of permit to work. (g) Revocation of Permit. The Food and Beverage Service Worker's Permit may be revoked by the health officer upon presentation of information indicating violations of accepted procedures and practices in the preparation, service or storage of food or unbottled beverage offered for public consumption, or upon demonstration of the presence of a communicable disease in the infectious stage or an infectious condition of potential hazard to the public or to the person's co- workers, or for falsification of information required for issuance of the permit. (h) Right of Appeal. Any food or beverage service employee whose permit has been revoked by the health officer may appeal to the local board of health for a review of the findings and reconsideration. Section 9. Paragraph (c) of Section 2 of Ordinance No. B -56, passed on October 16, 1933, as amended by Ordinance No. B -128, passed on February 11,1936, is hereby amended, effective January 1, 1957, to read as follows: "An application fee of $10.00 shall be charged by the city clerk for each original application for a license which is filed with the health officer, and payment thereof shall be a condition precedent to the filing of the application. In the event the applicant fails or refuses to conform with the regi est of the health officer or building inspector or if for any other reason the application is refused, the said application fee shall be returned to the unsuccessful applicant, provided that no public eating place or public kitchen which is now operating under a duly authorized license shall be required to pay the said appli- cation fee except as herein set forth. The payment of the application fee as herein required grants to the applicant only the right to a license upon compliance with the request of the health officer and building inspector and the payment of the regular license fee provided herein and said application fee shall not be again required from said applicant as long as he remains continuously in the restaurant business as owner in the City of Yakima, it being the intention of this provision that said application fee shall apply only to original applications made after this ordinance shall become effective; provided, however, that in the event that there shall be a change of ownership of any restaurant theretofore existing and being conducted as a going concern, that in such event the provisions of this section relative to the application fee aforesaid shall not be required." Section 10. Section 5 of Ordinance No. B -56 is hereby repealed. Section. 11. Any person who shall violate or fail to comply with any of the provisions of this ordinance, or who shall counsel, aid or abet any such violation or failure to comply,shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine' in any sum not exceeding three hundred ($3U0.00) dollars, or by imprisonment in the city jail for a term not exceed- ing ninety (90) days, or both such fine and imprisonment. Section 12. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provisions to other persons and circumstances shall not be affected thereby. Section 13. This ordinance is one to provide for the immediate preservation of the public peace, property, health and safety, and an emergency is declared to exist, and this ordinance shall be in full force and effect immed- iately upon its passage, approval and publication as provided by law and the City Charter. PASSED BY THE CITY COMMISSION, signed and approved this 29th day of May, 1956• ATTEST; PEARL BENJAMIN (S E A L) G. W. BURNS City Clerk Mayor I hereby certify that the foregoing is a full, true and correct copy of Ordinance No. B -1892 entitled "AN ORDINANCE relating to and regulating the sanitation and health requirements of public food establishments, restaurants, drinking places, grocery stores, and food markets, and the issuance and revocation of licenses and permits with reference thereto, including food and beverage service worker's permits; providing for the payment of application, license, and permit feesi. ;in connection therewith; prescribing penalties for violation thereof; amending section 2 and repealing section 5 of Ordinance No. B -56; and declaring an emergency." as passed on the 29th day of May 195 and that same has been published as required by law. C I T Y • - .42/ / E R K