HomeMy WebLinkAbout1944-0075 - Ordinance - 01/20/1944ORD INANCE N0. 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 HANDLERS, PROHIBITING THE SALE OF ADUL-
TERATED, UNWHOLESOME OR MISBRANDED FOOD OR DRINK, REGULATING
THE INSPECTION, GRADING, REGRADING, AND P LACARDING OF SUCH
ESTABLISHMENTS, THE ENFORCEMENT OF THIS ORDINANCE, AND FIXING
PENALTIES, AND DECLARING AN EMERGENCY.
Be it ordained by the Council of the City of College Station,
Texas:
SECTION 1. DEFINITIONS:
A. Restaurant. The term "Restaurant" shall mean any es-
tablishment 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 equipment with which food or drink comes in contact during
storage, preparation, serving, or eating.
D. Health Officer. 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 any-
one 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 in-
fected with syphilis, evidence of adequate treatment to prevent
infectiousness. There shall also be required, at least once a
year, a certificate showing the employee to be free from tuber-
culosis. 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 communi-
cable disease, together with the laboratory report on the syphilis
and tuberculosis tests. All original Health Certificates and lab-
oratory 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.
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Ordinance No. 75 - Page 2
F. Person. The word "Person" shall mean person, firm, cor-
poration, or association.
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 un-
revoked permit from the Health Officer and in whose place of bus-
iness such permit is not posted in a conspicuous place. This sec-
tion shall 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 re-
tain such a permit.
Such a permit may be revoked by the Health Officer upon the
violation by the holder of any of the terms of this ordinance, or
at any time when in the judgement of the Health Officer the res-
taurant 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. PLACARDING OR PUBLIC DISPLAY OF APPROVAL
Every restaurant shall display at all times in a conspicuous
place a placard, showing same has been and is approved by the City
Health Officer.
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 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
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.
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Ordinance No. 75 - Page 3
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 fol-
lowing standards:
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 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,
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, 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 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 fac-
ilities, 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 and used, they shall be separate from the
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Ordinance No. 75 - Page 4
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 STPP LY
The water supply shall be easily accessible to all rooms in
which food is prepared or utensils are washed, and shall be ade-
quate, and of a safe sanitary quality.
ITEM VII. LAVATORY FACILITIES
Adequate and convenient handwashing facilities shall be pro-
vided, 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 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 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 contamina-
ting 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 pre-
paration, cooking, or serving of food and drink shall be thoroughly
cleaned and subjected to an approved bactericidal process immediately
following the day's 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 contamina-
tion, and no utensil shall be handled except in such a manner as to
prevent contamination 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.
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Ordinance No. 75 - Page 5
ITEM XII. DISPOSAL OF WASTES
All wastes shall be properly disposed of, and all garbage
and trash shall be kept in suitable receptacles with fly -proof
lids, in such manner as not to become a nuisance.
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, pro-
vided 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
protected from dust, flies, vermin handling, droplet infection, over-
head 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.
ITEM XVII. MISCELLANEOUS
The surroundings of all restaurants shall be kept clealand free
of litter or rubbish. None of the operations connected with a res-
taurant 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.
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ordinance No. 75 - Page 6
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.
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 the date on which this ordinance
takes effect, no eating or drinking establishments except approved
restaurants shall be given a permit to operate.
SECTION 8. NOTIFICATION OF DISEASE
Notice shall be sent to the Health Office 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 symptom. 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 imme-
diate exclusion of the employee from all restaurants; (2) the imme-
diate 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 ac-
cordance with the interpretations thereof contained in the 1938
edition of the U. S. Public Health Service Code regulating eating and
drinking establishments, 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 $100.00 upon conviction.
Each and every violation of the provisions of this ordinance consti-
tute a separate offense. Operating a restaurant without a permit or
in violation of any section thereof will constitute a nuisance which
may be abated by injunction.
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Ordinance No. 75 - Page 7
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.
APPROVED:
S /Ernest Laneford
Mayor
ATTEST:
S /Claude W. Rodeers
Asst. City Secretary
M
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