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HomeMy WebLinkAbout1939-0034 - Ordinance - 12/07/1939Ordinanoe No. '3 J - AN ORDINANCE DEFINING RESTAURANT, EMPLOYEE; EATING AND COOKING UTENSILS, HEALTH OFFICER, ETC., REQUIRING PERMITS FOR THE OPERATION OF S CH ESTAB- LISHMENTS, PROHIBITING THE SALE OF ADULTERATED, UN'+YIIOLESOME OR MISBRAND- ED FOOD OR DRINK, REGULATING THE INSPECTION, GRADING, REGULAT.TNG THE IN- SPECTION, GRADING, REGRADING, AND PLACARDING OF SUCH ESTABLISHMENTS, TUE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. Be it ordained by the City Council of the City of College Station, Texas, as follows: SECTION 1. Definitions. A. Restaurant- The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order cafe, luncheonette, hotel dicing room, tavern, sandwich stand, soda fountain, and all other eating and drinking establishments. B. Employee- The term "employee" mean any person 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 ti ''" ich food or drink is prepared or served. C; Eating and Cooking Utensils- "Eating and cooking utensils" shall include any kitchenware, tableware, cutlery, utensils, containers, or other equipment with which food or drink conies in contact during stor- age, preparation, or serving. D. Ilealth Officer- The .berm "health officer" shall mean the health authority of the city of College Station, or his authorized representat- ive. E. Person- The mord "person" shall mean person, firm, corporation, or association. SECTION 2. Permits.- It shall be unlawful for any person to operate a restaurant in the city of Collee Station, Texas, who does not possess an unrevoked permit from the health officer and in w' .ose place of business suoh permit is not posted in a conspicuous place. This section shall apply to temporaty of itinerant as well as to permanently established places of business; Only persons tiar}::.o 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 vio- lation by the holder of any of the terms of this ordinance, or at any time when in the judgment of the healt' officer the restaurant has be- come a public-health menace. SECTION 3. Plaoarding or public display of grade notice- Every restaurant shall display at all times upon. a placard, or upon any other place approved by the health officer, a conspicuous notice approved by the health. officer stating the grade of the restaurant. SECTION ,4. Examination and condemnation of unwholesome, adulterated, or misbranded food or 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 unwholesomeness, adulteration, or misbranding. The health officer may condemn, remove, and destroy any f.od or deink which he deems unwholesome, adulterated, or misbranded. SECTION 5. Inspection of restaurants for purposes of grading and regrad- ing. At least once every six months the health officer shall inspect every restaurant located wit,inthe city of College Statioh, Texas. In case the health officer discovers tie violation of any itemof sanitation re- quired for the grade then held, 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 restaurant.shall be req'ired to display immediately a trade notice based upon the second inspection. One copy of the inspection report shall be nested by the health officer upon an inside wall of the restaurant, and said inspection report shall not be defaced or removed by any personexcept the health officer. Another copy of the inspection. report s_;a11bo filed with the records of the health department. • SECTION 6. The grading of restaurants. The grading of all restaurants shall be based upon the following standards. Grade A Restaurants. Grade A restaurants are those whioh comply with. all of 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 Le kept clean and in good repair. Kitchen floors shall be imper- vious to water. Item 2. Walls and ceilings- 'balls and ceilings of all rooms in which food or drink is stored, prepared, or served shall be kept clean and in good repair. All 'walls and oeilirgs of rooms in. which food or drink is stored or prepared. shall be finished. in light color. The walls of all rooms in wrieh food or drink is prepared or utensils are washed shtall have a smooth, washable surface up to the level reached by splash. or spray. Item 3. Lighting. -All rooms in which food or drink is stored or prepared or in which_ utensils are4vashed shall be well lighted. Item 4. Ventilation.- All rooms in w ich:. food or drink is stored, prepared, or served, or in which utensils are Washed, shall be well ven- tilated. Item 5. Toilet Facilities.- Evety restaurant shall be provid- ed with adequate toilet facilities conveniently locatedand conforming with the ordinanoes of the city of College Station, Texas. Toilet rooms shall not open directly into any room in which feed, drink, or utensils, are handled or stored. Tho doors of all toilet rooms shall he self-clos- ing. Toilet rooms stall be kkpt in a clean condition, in good repair, and well lighted and ventilated. Hand -washing signs shall be posted in each toilet room used by employeed. In ease privies or earth closets are permitted and used, they shall bo separate from the building, end slall be of a sanitary type constructed and operated in conformity with the req!airements of item lOr of the U. S. Public Health Service Milk Ordinance and Code, a certified copy of w;;ioh shall be on file in the office Eft the city olerk. Item 6. Water Supply- The water supply shall be easily acoes- sible to all rooms in.wa3,ci. food is prepared or utensils are washed, and shall be adeT.ate, and of a safe sanitary quality. Item 7. Lavatory Facilities. -Adequate and convenient hand - washing facilities shall be provided, including warm 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 8. Door and Windows.- When flies are prevalent, all ppen- ings :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 9. Construction of utensils and equipment.- All eating and cooking utensils and all show and display oases or windows, counters, shelves, tables, regriEerating equipment, sinks, and other equipment of utensils used in connection wit. the operation of a restaurant shall be so constructed as to be easily cleaned and shall he kept in good repair. Item 10. Cleaning and Bactericidal Treatment of equipment and Utensils.- A11. -equipment, including display cases or windows, oointers, 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, oliefs, add other employees shall be clean. Single -service containers shall be used only once. All except sngle-service eating and drinking; utensils shall be thoroughly cleaned and subjected to an approved baoterioidal process after each usage. All multi -use utensils used i.n the preparation, cooking, or serving of food and drink shall be thoroughly cleaned and subjected to an approved bactericidal process immediately following the days operatic?.. Drying cloths, if used, shall be clear and sha11 be used for no of or purpose. Item 11. Storage and handling of utensils and equipment. - After bactericidal treatment no utensil shall he stored except in a clean, dry place protected froa flies, dust, or other contamination, and no utensil shall be handled except in suer a manner as to prevent con- tamination as far as practicable. Single -service utensils shall be purchased only in sanit ary containers and shit be stored therein. in a clean dry place until used. Item 12. Disposal of wastes.- All wasted shall be properly dis- posed of, and all garbage and trash shall be kept in suitable receptacles, in such. manner as not to become a nuisance. Item 13. Refrigeration.- All perishable food or drink shall be kept at or below 50o 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 water- tight drip pans may be used. Item 14. Wholesomeness of Food and Drink.- All food and drink shall he 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 and milk products shall be served in the or- iginal containers in. which they were received from the districutor or from a bulk container equipped with an approved dispensing device; pro- vided that this requirement shall not apply to cream, wEich may be served from the original bottle or from a dispenser approved' for suoh service. All oysters, clams, and mussels shall ,,e from approved sources. Item 15. Storage and display of Food and Drink.- All food and drink shall he so stored and displayed as to be protected from dust, flies, vermin, handling, droplet infection, over head leakage , and other contam- ination, No animals or fowls shall be kept of allowed in any room in which food or drink is prepared or stored. A11 means necessary for the elimin - ation of flies shall be used. Item 16. Cleanliness of Employees.- Ali employees shall wear clean outer garments and shall kekp their hands clean at all times while engaged in Dandling food, drink, utensils, or equipment. Item 17, Miscellaneous.- The surround'.ng;s of all restaurants shall be kept clean and free of litter or rubbish. None of the operations con- nected with, a restauratn shall Ix, conduted in any room used for domestic purposes. Adequate lockers or dressing rooms sha31 be provided for employees' clothing. Soiled linens, coats, and aprons shall be kept in conta_ners provided for this purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or or polishing of eating or cooking utensils. GRADE B RESTAURANTS.- Grade B restaurants are those wi-ich have been found on two successive inspections to have violated the same one of any of the following items of sanitation required for grade A res- taurants: 1,2,3, 4,8,12,or 17. GRADE C RESTAURANTS.- Grade C restaurants are those w;ich have been found on two successive inspections to have violated the same one of any of the following items of sanitation required for grade A restau- rants: 5,5,7,9,10,11,13,14,15,or 16. FROM AND AFTER a MONTHS FROM THE TATE ON AUICJ` THIS ORDINANCE TAKES EFFECT NO RESTAURANTS EXCEPT GRADE A AIM GRADE B RESTAURANTS SHALL BE OPERATED. SECTION 8. Notification of disease.- Notice shall be sent to the health officer immediately by the restaurant mana'er or by the employ- ee concerned if he or any employee contracts any infectious, contagious, or communicable disease, or has a fever, a skin eruption, a cough lasting more than 3 weeks, or any other suspicious symptom. It shall he the duty of any such employee to notify the restaui;ant manager immediately when any of said conditions obtain, and if neither the manager nor the employee concerned notifies the health officer immediately when any of said condit- ions obtain they shall be held jointly and severally to have violated this section. A placard oontaining this section shall be posted in all toilet rooms and privies serving restaurants. SECTION 9. Prodedure when infection suspected.- When suspicion arises as to the possibility of transmission of infection from any restau- rant employee the health officer is authorised to require any or all of the following measures: (1) the immediate exclusion of the employee from all resta.;rants; (2) the immddiate closing of the rostaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer; (3) adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated. SECTION 10. Enforcement interpretation.- This ordi:ance shall be enforced by the health officer in accordance wit' the interpretations there-' of contained in the 1938 edition of the U. S. Public Health Service Code Regulating Eating and Drinking Establishments. SBCTION 11. Penalties.- Any person who violates any provision of this ordinance shall be fined not more than one hundred dollars at the discretion of the court having jurisdiction. Each and every vio- lation of the provisions of tl;.is ordinance constitute a separate offense. SECTION 12, Repeal and date of effect.- All ordinances and parts of ordinances in conflict withthis ordinance are herejgry repealed, and this ordinance shall be in full force and effect immediately upon its adop- tion and its publication as provided by law. SECTION 13. Unconstitutionality clause.- Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared un- constitutional or invalid for any reason the remainder of said ordin- ance shall not be affected thereby. Vo PASSED YD A PROVED this % .A -- day of p/..)--e—e.), 1989 . ATTEST: ity secret 4 7 ORDINANCE NO. • 34 AN ORDINANCE DEFINING RESTAURANT, EMPLOYEE, EATING AND COOKING UTENSILS, HEALTH OFFICER, ETC., REQUIRING PERMITS FOR THE OPERATION OF SUCH ESTAB- LISHMENTS, PROHIBITING THE SALE OF ADULTERATED, UNWHOLESOME OR MISBRAND- ED FOOD OR DRINK, REGULATING THE INSPECTION, GRADING, REGULATING THE IN- SPECTION, GRADING, REGRADING, AND PLACARDING OF SUCH ESTABLISHMENTS, THE ENFORCEMENT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. Be it ordained by the City Council of the City' of College Station, Texas, as follows: SECTION 1. Definitions. A. Restaurant- The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order cafe, luncheonette, hotel dining room, tavern, sandwich stand, soda fountain, and all other eating and drinking establishments. B. Employee- The term "employee" shall mean any person who handles food or 'drink during preparation or serving, or who comes in contact with any eating or cooking utensilo, or who is employed at any time in a room in which food or drink is prepared or served. C. Eating and Cooking Utensils- "Eating and cooking utensils" shall include any kitchenware, tableware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving. D. Health Officer= The. term "health officer" shall mean the health authority of the city of College Station, or his authorized representa- tive. E. Person- The word "person" shall mean person, firm, corporation, or association. SECTION 2. 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 sectionshall apply to temporary or itinerant as well as to permanently established places of business. 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 vio- lation by the holder of any of the terms of this ordinance, or at any time when in the judgment of the health officer the restaurant has be- come a public-health menace. SECTION 3. Placarding or public display of grade notice- Every restaurant shall display at all times upon a placard, or upon any other place approved by the health officer, a conspicuous notice approved by the health officer stating the grade of the restaurant. 4). SECTION 4. Examination and condemnation of unwholesome, adulterated, or misbranded food or 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 unwholesomeness, adulteration, or misbranding. The health officer may condemn, remove, and destroy any food or drink which he deems unwholesome, adulterated, or misbranded. SECTION 5. Inspection of restaurants for purposes of grading and regrad- ing. At least once every six months the health officer shall inspect every restaurant located within the city of College Station, Texas. In case the health officer discovers the ciolation of any item of sanitation re- quired for the grade then held, 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 restaurant shall be required to display immediately a grade notice based upon the second inspection. One copy of the inspection report shall be posted by the health officer upon an inside wall of the restaurant, 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 6. The grading of.restaurants. The grading of all restaurants shall be based upon the following standards. Grade A Restaurants. Grade A restaurants are those which comply with all of 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 kept clean and in good repair. Kitchen floors shall be imper- vious to water. Item 2. Walls and ceilings- Walls and ceilings of all rooms in which food or drink is stored, prepared, 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 utensilsare washed shall have a smooth, washable surface up to the level reached by splash or spray. Item 3. Lighting. - All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted.. Item 4. Ventilation. - A11 rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well ven- tilated. Item 5. Toilet Facilities. - Every restaurant shall be provided with adequatetoilet facilities conveniently located and conforming with the ordinances of the city of College Station, Texas. 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. Hand -washing signs shall be posted in each toilet room used by employeed. In case privies or earth closets U0045 A4 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 clerk. Item 6. Water Supply- The water supply shall be easily accessi- ble to all rooms in which food is prepared or utensils are washed, and shall be adequate, and of a fafe sanitary quality. Item 7. Lavatory Facilities.- Adequate and convenient hand - washing facilities shall be provided, including warm 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 8. Door and Windows.- When flies are prevalent, all open- ings 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 9. Construction of utensils and equipment.- All eating and cooking utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other equipment of 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 10. Cleaning and Bactericidal Treatment of equipment and Utensils.- A11 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. A11 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 days operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. Item 11. Storage and handling of utensils and equipment. - After bactericidal treatment no utensil 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 con- tamination 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 12. Disposal of wastes.- All wastes shall be properly dis- posed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance. Item 13. Refigeration.- 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 water- tight drip pans may be used. Item 14. Wholesomeness of Food and Drink.- All food and drink shall be wholesome and free from spoilage. A11 milk, milk products, ice cream, and other frozen desserts served shall be of a grade approved by the health officer. Milk and milk products shall be served in the orig- inal containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; pro- vided that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. .A11 oysters, clams, and mussels shall be from approved sources. Item 15. Storage and display of Food and Drink.- A11 food and drink shall be so stored and displayed as to be protected from dust, flies, vermin, handling, droplet infection, over head leakage, and other contam- ination, 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 elimina- tion of flies shall be used. Item 16. 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. Item 17. Miscellaneous.- The surroundings of all restaurants shall be kept clean and free of litter or rubbish. None of the operations con- nected with a restaurant shall be conducted in any room used for domestic purposes. Adequate lockers or dressing rooms shall be provided for employees' clothing. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of eating or cooking utensils. GRADE B RESTAURANTS.- Grade B restaurants are those which have been found on two successive inspections to have violated the same one of any of the foiling items of sanitation required for grade 1-1 res- taurants: 1,2,3,4,$,12, or 17. GRADE C RESTAURANTS.- Grade 0 restaurants are those which have been found on two successive inspections to have violated the same one of any of the following items of sanitation required for grade A restau- rants: 5,6,7,9,10,11,13,14,15, or 16. FROM AND AFTER 2 MONTHS FROM TIS DATE ON WHICH THIS ORDINANCE TAKES EFFECT NO RESTAURANTS EXCEPT GRADE A AND GRADE B RESTAURANTS SHALL BE OPERATED. SECTION g. Notification of disease.- Notice shall be sent to the health officer immediately by the restaurant manager or by the employ- ee concerned if he or any employee contracts any infectious, contagious, or communicable disease, or has a fever, a skin eruption, a cough lasting more than 3 weeks, or any other suspicious symptom. It shall be the duty of any such employee to notify the restaurant manager immediately when v any of said conditions obtain, and if neither the manager nor the employee concerned notifies the health officer immediately when any of said condi- tions obtain they shall be held jointly and severally to have violated this section. A placard containing this section shall be posted in all toilet rooms and privies serving restaurants. SECTION 9. Procedure when infection suspected.- When suspicion ° arises as to the possibility of transmission of infection from any restau- rant employee the health officer is authorized to require any or all of the following measures: (1) the immediate exclusion of the employee from all restaurants; (2) the immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer; (3) adequate medical examinations of the employee and of his.associates, with such laboratory examinations as may be indicated. SECTION 10. Enforcement inter,retation.- This ordinance shall be enforced by the health officer in acc rdance with the interpretations there- of contained in the ]938—ec_ --of- 4 U- . -�S-. Public Health Service Code Regulating Eating and Drinking Establishments. SECTION 11. Penalties.- Any person who violates any provision of this ordinance shall be fined not more than one hundred dollars at the discretion of the court having jurisdiction. Each and every vio- lation of the provisions of this ordinance shall constitute a separate offense. SECTION 12. Repeal and date of effect.- A11 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 adop- tion and its publication as provided by law. SECTION 13. Unconstitutionality clause.- Should any section, paragraph, sentence, clause, or phrase of this ordinance be declared un- constitutional or invalid for any reason the remainder of said ordi- nance shall not be affected thereby. PASSED AND APPROVED this 21h day of Dec., 1939. s/J. H. Binney. Mayor ATTEST: 8/ Sidney L. Loveless City Secretary uu8