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HomeMy WebLinkAbout1944-0075 - Ordinance - 01/20/1944 (3)ORDINANCE NO. 75 AN ORDINANCE DEFINING RESTAURANT, EMPLOYEE, EATING AND COOKING UTENSILS, HEALTH OFFICER, HEALTH CERTIFICATE, ETC., REQUIRING PERMITS FOR THE OPERATION OF SUCH ESTABLISHMENTS AND HEALTH CERTIFICATES FOR FOOD HANDT,F,RS, PRd IBITING THE SALE OF ADULTERATED, UNWHOLESOME OR MISBRANDED FOOD OR DRINK, REGULATING THE INSPECTION, GRADING, REGRADING, AND PLACARDING OF SUCH ESTABLISHMENTS, THE ENFORCEMENT OF THIS ORDINANCE, AND FIXING OF PENALTIES, AND DECLARING AN EMERGENCY. Be it ordained by the Council of the City of College Station, Texas: SECTION I. DEFINITIONS. A. Restaurant. The term "Restaurant" shall mean any establishment serving food or drink to the public. B. Employee. The term "Employee" shall mean any person who is working in a restaurant, either owners or individuals employed. C. Eating and Cooking Utensils. The term shall apply to any equip- ment with which food or drink comes in contact during storage, preparation, serving, or eating. D. Health Offieer. The term "Health Officer" shall mean the health authority of the City of College Station or his authorized representative, or any officer of the City or anyone authorized by law, or ordinance, to act concerning the health"of the City. E. Health Certificate. A valid health card shall be one conforming to State Law, which has been issued after the employee has shown a negative standard blood test for syphilis; or, if infected with syphilis, evidence of adequate treatment to prevent infectiousness. There shall also be re- quired, at least once a year, a certificate showing the employee to be free from tuberculosis. This certificate shall show that the individual has either a negative tuberculin test or"a negative chest X-ray. The Health Certificate shall be issued by the City -County Department of Health, after the food handler presents a signed affidavit by a physician located in Brazos County, Texas, stating that he has been examined and found to be free from any communicable disease, together with the laboratory report on the syphilis and tuberculosis tests. Ail original Health Certificates and laboratory and other reports shall be recorded in the office of the Health Unit. A copy of the Health Certificate of each food handler shall be posted in the establishment in which he is employed. This Health Certificate shall be renewed every six months. Syphilis and tuberculosis tests may be made by the laboratory service of the Local Health Department if the Food Handler so desires. F. Person. The word "Person" shall mean person, firm, corporation, or association. 00169 75.1 SECTION 2A. PERMITS It shall be unlawful for any person to operate a restaurant in the City of College Station, Texas, who does not possess an unrevoked permit from the Health Officer and in whose place of business such permit is not posted in a conspicuous place. This section shall apply to tempo- rary or itinerant as well as to permanently established places of busi- ness. Only persons who comply with the requirements of this ordinance shall be entitled to receive and retain such a permit. Such a permit may be revoked by the Health Officer upon the viola- tion by the holder of any of the terms of this ordinance, or at any time when in the judgement of the Health Officer the restaurant has become a health menace. SECTION 2B. HEALTH CERTIFICATES FOR FOOD HANDLERS A valid health certificate is required of all employees working in a restaurant. A copy of the health certificate, issued by the City - County Department of Health, shall be kept at the restaurant in which the employee works. Permits shall be revoked for violation of this item. SECTION 3. Every a placard, Officer. PLACARDING OR PUHJ,IC DISPLAY OF APPROVAL restaurant shall display at all times in a conspicuous place showing same has been and is approved by the City Health SECTION 4. EXAMINATION AND CONDEMNATION OF UNWHOLESOME, ADULTERATED, OR MISBRANDED FOOD AND DRINK Samples of food and drink may be taken and examined by the Health Officer as often as he deems necessary for the detection of unwhole- someness, adulteration, or misbranding. The Health Officer may condemn, remove, and destroy any food or drink which he deems unwholesome, adul- terated, or misbranded. SECTION 5. INSPECTION OF' RESTAURANTS At least once every month the Health Officer shall inspect every restaurant located within the City of College Station, Texas. In case the Health Officer discovers the violation of any items of sanitation required herein, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied. If, upon the second inspection, the same item of sanitation is found to be violated, the placard and permit shall be removed by the City Health Officer. The inspection report shall be posted by the Health Officer upon the inside wall_ of the restaurant and a copy shall be filed with the records of the Health Department. SECTION 6. THE APPROVED RESTAURANTS The approval of all restaurants shall be based upon the following standards: 00170 75-2 APPROVED RESTAURANTS Approved restaurants are those which comply with all of the following items of sanitation. ITEM I. FLOORS. The floors of all rooms in which food or driniCis stored, prepared, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. Kitchen floors shall be impervious to water. ITEM II. WALLS AND CEILINGS Walls and ceilings of all rooms in which food or drink is stored, pre- pared, or served 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. ITEM III. LIGHTING All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. ITEM IV. VENTILATION All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well ventilated. ITEM V. TOILET FACILITIES Every restaurant shall be provided with adequate toilet facilities, conveniently located and conforming to city plumbing ordinance. 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. In case privies or earth closets are permitted and used, they shall be separate from. the building, and shall be of a sanitary type constructed and operated in conformity with the requirements of item lOr of the U.S.Public Health Service Milk Ordinance and Code, a certified copy of which shall be on file in the office of the City Secretary. ITEM VI. WATER SUPPLY The water supply 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. 0017 75-3 ITEM VII. LAVATORY FACILITIES Adequate and convenient handwashing :facilities shall be provided, including running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall return from a toilet room without washing his hands. ITEM VIII. 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. ITEM IX. CONSTRUCTION OF UTWTSILS AND EQUIPMENT All eating and cooking 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. ITEM X. CLEANING AND BACTERICIDAL TREATMENT OF EQUIPMENT AND UTENSILS 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 except single -service eating and drinking utensils shall be thoroughly cleaned and subjected to an approved bactericidal process after each usage. All multi -use utensils used in the preparation, cooking, or serving of food and drink shall be thoroughly cleaned and subjected to an approved bactericidal process immediately following the dayfs operation. ITEM XI. STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT. After bactericidal treatment no utensils shall be stored except in a clean dry place protected from flies, dust, or other contamination, and no utensil shall be handled except in such a manner as to prevent contam- ination as far as practicable. Single -service utensils shall be purchased only in sanitary containers and shall be stored therein in a clean dry place until used. ITEM XII. DISPOSAL OF WASTES All wastes shall be properly disposed of, and ail garbage and trash shall be kept in suitable receptacles with fly -proof lids, in such manner as not to become a nuisance. 00172 75-4 ITEM XIII. REFRIGERATION All perishable food or drink shall be kept at or below 50°F. except when being prepared or served. Waste water from refrigeration equipment shall discharge into an open sink or drain, properly trapped and sewer connected, provided that where sewer connections are not available clean adequate watertight drip pans may be used. ITEM XIV. WHOLESOMENESS OF FOOD AND DRINK All food and drink shall be wholesome and free from spoilage. All milk, milk products, ice cream, and other frozen desserts served shall be of a grade approved by the Health Officer. Milk shall be pasteurized and served in the original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; 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 shall be from approved sources. No unwholesome or refused foods shall be served. ITEM XV. STORAGE AND DISPLAY OF FOOD AND DRINK All food and drink shall be so stored and displayed as to be pro- tected from dust, flies, vermin handling, droplet infection, overhead leakage, and other contamination. No live 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 shall be used. ITEM XVI. 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. ITOA XVII. MISCELLANEOUS The surroundings 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 for domestic purposes or opening into domestic rooms. Adequate lockers or dressing rooms shall be provided for employee's clothing. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. No article, polish, or other substance containing any cyanide prep- aration or other poisonous material shall be used for the cleansing or polishing of eating or cooking utensils. 00173 75-5 ITEM XVIII. NON -APPROVED RESTAURANTS Non -approved restaurants are those which have been found on two successive inspections to have violated the same items of sanitation required for approved restaurants. SECTION 7. RESTAURANTS APPROVED From and after two months from takes effect, no eating or drinking restaurants shall be given a permit SECTION 8. NOTIFICATION OF DISEASE the date on which this ordinance establishments except approved to operate. Notice shall be sent to the health Officer immediately by the restaurant manager or by the employee concerned if he or any employee contracts any infection, contagious, or communicable disease, or has a fever, a skin eruption, a cough lasting more than three days, or any other suspicious sympton. A placard containing this section shall be posted in all toilet rooms and privies . SECTION 9. PROCEDURE WHEN INFECTION SUSPECTED When suspicion arises as to the possibility of transmission of infection from any restaurant employee, the Health Officer is author- ized to require any or all of the following measures: (1) the immedi- ate exclusion of the employee from all restaurants; (2) the immediate closing of the restaurant concerned until no further damage of disease outbreak exists in the opinion of the Health Officer; (3) adequate medical examinations of the employee and his associates with such laboratory examinations as may be indicated. SECTION 10. ENFORCEMENT INTERPRETATION This ordinance shall be enforced by the Health Officer in accordance with the interpretations thereof contained in the 1938 edition of the U. S. Public Health Service Code regulating eating and drinking establish- ments, and subsequent revision; a certified copy of which shall be on file in the office of the City Secretary. SECTION 11. PENALTIES Any person who violates any provision of this ordinance shall be fined not less than $25.00 nor more than X'100.00 upon conviction. Each and every violation of the provisions of this ordinance constitute a separate offense. Operating a restaurant without a permit or in viola- tion of any section thereof will constitute a nuisance which may be abated by injunction. 00174 4 75-6 SECTION 12. REPEAL AND DATE OF EFFECT All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed, and this ordinance shall be in full force and effect immediately upon its adoption and its publication. SECTION 13. UNCONSTITUTIONALITY CLAUSE Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional or invalid for any reason the remainder of said ordinance shall not be affected thereby. SECTION 14. EMERGENCY The Mayor, having signified in writing that an emergency existed on account of the operation of restaurants which endangered the health of the inhabitants of the City of College Station, and that in order to protect the health of the inhabitants of this City, this ordinance is hereby now finally passed at its first reading and the same shall be in full force and effect from and after its passage and publication in the manner and for the time provided by law. Passed and approved this the 20th day of January, 1944. aw•�. w ity Secretary / ,4s-1 ved / ick_k„.„7/4..ci Ernest Langford Mayor 00175 75-7 f 1'l