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ORD CC 02/08/72 - Food Sanitation - Restaurants4, AN ORDINANCE AMMING CHAPTER 11 OF THE COD•F ORDINANCES OF THE CITY OF HUNTSVILLE, TEXAS, BY ADDING AN ADDITIONAL ARTICLE TO BE NUMBERED ARTICLE IV, ENTITLED SANITATION REQUIREMENTS FOR FOOD ESTABLISHMENTS, ESTABLISHING MINIMUM REQUIREMENTS FOR FOOD ESTABLISHMENTS DEFINING CERTAIN TERMS, PROVIDING FOR A PERMIT, FOR INSPECTION OF ESTABLISHMENTS AND IMPOSING A PENALTY FOR VIOLATION OF SAID ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTS- VILLE, TEXAS, THAT CHAPTER 11, OF THE CODE OF ORDINANCES OF THE CITY OF HUNTSVILLE IS HEREBY AMMIDED BY ADDING A NEW ARTICLE TO BE NUMBERED ARTICLE IV, WHICH SAID NEW ARTICLE SHALL READ AS FOLLOWS: Section I: PART A, RESTAURANTS. Definitions. The following definitions shall apply in the interpretation and enforcement of this ordinance: (a) Restaurant. The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short order cafe, boarding-house, catering service, luncheonette, tavern, beer parlor, club, sandwich stand, soda fountain and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere. (b) Itinerant Restaurant. The term "itinerant restaurant" shall mean one operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering. (c) Employee. The term "employee" shall mean any person who handles food or drink during preparation or serving, or who comes in con- tact with any eating or cooing utensils or who is employed in a room in which food or drink is prepared or served. (d) Utensils. "Utensils" shall include any kitchenware, table- ware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, pre- paration or serving. (e) Health Officer. The term "health officer" shall mean the Director of the City of Huntsville Health Unit or his authorized representative. (f) Person. The word, "person" shall mean person, firm, cor- portion, association or co-partnership. Section II: PERMITS. Any person desiring to or who shall operate a restaurant or itinerant restaurant in the City of Huntsville shall first secure a permit from the health officer. No person shall operate a resta- urant or itinerant restaurant in the City unless he possesses an un- revoked permit posted in a conspicuous placed and shall have com- plied with all the requirements of this ordinance. A fee of $20,00 shall be paid to the City Inspector for said permits. The permits shall extend for a period of one year, or fraction thereof, and all permits shall expire on December 31st of the year issued. Itinerant restaurant permits shall be secured from the City Inspector for periods not exceeding fifteen (15) days, upon payment of a fee of $10.00. Section. III: BUILDINGS (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 smooth, , and 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 a light color. The walls of all rooms in which food or drink is pre- pared or utensils are washed shall have a smooth washable surface up to the level reached by splash or spray. el 7 - -2- (c) Screening. All openings into the outer air and used for ven- tilation shall be effectively screened. Screen doors, if used, shall be self closing, shall be kept closed and shall open out- ward. (d) Lighting. All rooms in which food or drink is stored or prepared, or in which untensils are washed, shall be well lighted. (e) Ventilation. All rooms in which food or drink is stored, pre- pared or served, or in which utensils are washed, shall be well ventilated. Section IV: TOILET FACILITIES. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees. In restaurants hereafter constructed, 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 or lavatory used by employees. In case privies or earth closets are permitted and used, they shall be separate from the restaurant building and shall be of a sanitary type constructed and operated in conformity with the standards of the State Board of Health. Section V: LAVATORY FACILITIES; EMPLOYEES TO WASH HANDS. Adequate and convenient hand-washing facilities, shall be pro- vided, including hot and cold running water, soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands in the handwashing facility provided. Utensils shall not be washed in the lavatory Section VI: WATER SUPPLY. Hot and cold running water under pressure shall be easily accesible in all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sani- tary quality. In all cases where a public water supply is reason- ably available it shall be used. Section VII: EQUIPMENT CONSTRUCTION, CLEANING AND BACTERICIDAL TREATMENT. 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 materials, shall be constructed so as to be easily cleaned and kept in good repair. All cloths used by waiters, chefs and other employees shall be clean. Single service containers shall be used only once. Single service utensils shall be purchased in sanitary containers, and handled and stored in a sanitary fashion. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage, and immediately following the day's operation. Bactericidal treatment method shall conform to current laws of the State of Texas, regulating bactericidal treatment. The use of drying cloths shall not be permitted, except for drying silverware. Cloths used for drying silverware must be clean and shall be used for no other purpose. • • No article, polish, or other substances containing any cyanide preparation or other poisonous materials shall be used for the cleaning or polishing of utensils. Utensils containing or plated with cadium or lead shall not be used; provided that solder containing lead may be used for jointing. Section VIII: STORING AND HANDLING. 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. All ice cream dispensing spoons, dippers and scoops shall be stored in hot (170° F. minimum) or running water. Section IX: DISPOSAL OF WASTES. All wastes shall be properly disposed of , and all garbage and trash shall be kept in leak proof and non- absorbent receptables in such manner as not to become a nuisance. All flush toilets, lava- tories, wash vats, sinks and sterilizers shall be connected to the publt sewer. Section X: REFRIGERATION. All readily perishable food, including cream filled pastries, and drinks shall be kept at or below 45° F., except when being prepared or served. Waste water from refrigeration equipment shall be dis- charged into the public sewer. Section XI: WHOLESOMENESS OF FOOD AND DRINK. All food and drink shall be clean, wholesome and free from spoilage, and so prepared to be safe for human consumption. No food or drink obtained from a source prohibited by the ordinances of the City shall be sold or offered for sale. Samples of food, drink, and other sub- stances may be taken and examined by the health officer as often as may be reasonably necessary for the detection or unwholesomeness or adulteration. The health officer may condemnor forbid the sale of, or cause to be removed or destroyed, any food or drink which said exa- mination proves to be unwholesome or adulterated. Section XII: STORAGE, DISPLAY AND SERVING OR 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 of rodents, unnecessary handling, droplet, infection, overhead leakage or submersion and other contamination. Milk and milk products, except butter and cream, shall be served from the original container in which received, or from a bulk container, equipped with an approved dis- pensing device. Milk to be used in mixed milk drinks shall be dis- pensed from the original container in which it was received from the distributor or from an approved bulk milk dispensing device. Dipping of milk for mixed drinks is prohibited. Section XIII: ANIMALS AND FOWL PROHIBITED; ELIMINATION OF FLIES, ROACHES AND RODENTS. No live animals or fowls 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, roaches and rodents shall be used. Section XIV: CLEANLINESS OF EMPLOYEES. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in the handling of food, drink, utensils, or equipment. No person shall expectorate or use tobacco in any form in any room where food is prepared, uten- sils are handled or stored. All employees shall be free of any disease or infirmity and in the event the Health Officer has reasonable cause to suspect that an employee is infected with any communicable disease or illness, he may require that the owner or operator of such rest- aurant have said employee examined by a medical doctor and certifi- cation issued on the health of said employee. If, upon examination, it is determined that said employee is contagious, he shall not be employed until such time as a medical doctor releases said employee to again engage in restaurant type employment. Section XVI: REQUIREMENTS FOR ITINERANT RESTAURANTS. Itinerant restaurants shall be constructed and operated in an approved manner and in accordance with all parts of this or- dinance except Section III and. Section IV hereof. Section XVII: RESTAURANTS WHICH MAY OPERATE: From and after three months from the date on which this ordi- nance takes effect, no restaurant shall be operated within the City or its police jurisdiction unless it conforms with the requirements of this ordinance, and no restaurant shall operate during the afore- mentioned three months if it violates any section of this ordinance, excepting the portions of Article III, which required construction of new equipment. Restaurants opening after adoption of this or- dinance shall meet all requirements of this ordinance. Section XVIII: INSPECTIONS; NOTICE OF VIOLATION, REINSPECTIONS. At least once every three months the health officer shall inspect every restaurant and itinerant restaurant located within the City, and make an inspection report. One copy of the inspection sheet shall be posted in a conspicuous place by the health officer upon an inside wall of the restaurant and said inspection report shall not be defaced or removed by any person other than the health officer. Another copy of the inspection report shall be filed with the records of the health department. In event the health officer discovers a violation of any of the terms and provisions hereof, other than those contained in Article III, he shall notify the owner or operator of any such es- tablishment of the violation by leaving a copy of an inspection report at the establishment stating the nature of the violation, and thereafter the owner or operator shall have twenty-four (24) hours in which to correct the violation indicated; otherwise, and if said violation is not corrected within twenty-four (24) hours, the Health Officer or his representative may suspend temporarily the owner'sor operators' permit for a period of ten days because of such violation, by giving notice of suspension. The permit may be revoked by the City Council of the City of Huntsville upon serious or repeated violation of this ordinance after an opportunity for hearing has been accorded the offending owner or operator. On violation of Article III, hereof, and after an inspec- tion report notifying of such violation has been given the owner or operator of any restaurant, the health officer shall make a second inspection after a lapse of not less then twenty-four hours there- after, and if the reported violation shall not have been remedied, then the health officer may suspend the permit of the violator by giving notice of suspension until such time as the violation shall have been remedied. This ordinance shall be enforced by the health officer in accordance with the interpretations thereof contained in the current edition of the U. S. Public Health Service Code Regulating Eating and Drinking Establishments, a certified copy of which shall be on file at the City Inspector's Office. Section XIX: REINSTATEMENT OF SUSPENDED PERMITS. Any restaurant the permit of which has been suspended may at any time make application to the health officer for the reinstatement of the permit. Within one week after the receipt of a satisfactory appli- cation, accompanied by a statement signed by the applicant to the effect that the violated provision or provisions of this ordinance • • have been conformed with, the health officer shall make a reinspec- tion, and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the requirements, and, in case the findings indicate compliance, shall reinstate the permit. Section XX: ACCESS TO PREMISES Any person operating a restaurant shall, upon request of the health officer, permit access to all parts of the establishment and shall permit copying of any or all records of food and drink purchased. Section XXI: ENFORCEMENTS. The enforcement provisions in Article XVIII, contained are in addition to and shall not be considered in lieu of penalty provisions contained in Article XXII, hereof. Section XXII: PENALTY. Any person who shall violate any provision of this ordinance shall upon conviction be fined in an amount not less than Five Dollars, nor more than Two Hundred Dollars, and each and every day that such vio- lation continues shall constitute a separate and distinct offense. Section I: PART B, GROCERY ESTABLISHMENTS Definitions. For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them: (a) Building. Any and all buildings in which food is stored, pre- pared, displayed or offered for sale. (b) Employee. Any person who handles food during preparation, dis- tribution or delivery, or who comes in contact with any eating or pre- paration utensils or who is employed or works in a room where food is prepared for sale. (c) Food. Any item of food which is offered for sale for human con- sumption. (d) Grocery establishments. Grocery store, drive-in grocer, produce markets, meat markets, and all other establishments which sell or offer for sale canned goods, bakery products, meats, poultry, fruits and vegetables, or any of them or any other items of food sold for human consumption. (e) Health Officer. The director of the City health department or his authorized representative. (f) Utensils. Any meat trays, glassware, cutlery, or containers and other equipment which comes in contact with food during storage or preparation for sale. Section II: COMPLIANCE WITH ARTICLE PREREQUISITE TO OPERATION. No grocery establishment shall be operated within the City or its jurisdiction unless it conforms with the requirements of this article. Section III: EXAMINATION OF FOOD; CONDEMNATION OF UMWHOLESONE OR ADULTERATED PRODUCTS. Samples of food from grocery establishments, or other substances may be taken and examined by the health officer as often as he deems it necessary for the detection of unwholesomeness or adulteration. -6- The health officer may condemn or forbid the sale of, or cause to be removed or destroyed, any food which is in fact unwholesome or adul- terated. Section IV: INSPECTION OF ESTABLISHMENTS - REQUIRED PERIODICALLY. At least once every three (3) months the health officer shall inspect every grocery establishment located within the City. Section V: SAME-DISCOVERY OF VIOLATIONS. In case the health officer shall discover any violation of any applicable provision of this Code, state law or city ordinance, rule of regulation, the owner or operator of the establishment in which such violation was discovered shall be liable to suspension of his permit and any penalty which may be applicable for such vio- lation. Section VI: SAME-NOTICE OF VIOLATION. The health officer shall notify the owner or operator of any grocery establishment in which any violation of any applicable provision of this Code, state law, city ordinance, rule or regulation may be discovered by either delivering to the owner in person, or by leaving a copy of the inspection report at such establishment, statirg the nature of violation. Section VII: SAME-DISPOSITION OF INSPECTION SHEETS; DISPLAY. One copy of the inspection sheet used in making the inspec- tion required by Section VI, shall be posted in a conspicuous place by the health officer upon an inside wall of the inspected grocery establishment. Such inspection report shall not be defaced or re- moved by any person other than the health officer. Another copy of the inspection report shall be filed with the records of the health department. Section VIII: HEALTH OFFICER'S RIGHT OF ENTRY; ACCESS TO RECORDS. Any person operating a grocery establishment shall, upon request of the health officer, permit access to all parts of the estab- lishment and shall permit copying of any or all records of food purchased. Section IX: UTENSILS AND EQUIPMENT-CONSTRUCTION REQUIREMENTS. 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 grocery establishment shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used; provided that solder con- taining lead may be used for jointing. Section X: SAME-CLEANING AND BACTERICIDAL TREATMENT. All equipment, including display cases, windows, shelves, tables, refrigerating equipment, sinks and other equipment and utensils used in connection with the operation of a grocery establishment shall be kept clean and free from dirt, dust, insects and other contaminating material. Single service containers shall be used only once. All multi-use equipment, and utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process before and after each day's operation. Bactericidal treatment method shall conform to current laws of the State of Texas, regulating same. Cloths used for drying equipment shall be clean and shall be used for no other purpose. Section XI: SAME-USE OF POISONOUS MATERIALS IN CLEANING PROHIBITED. No article, polish, or other substances containing any cyanide preparation or other poisonous material in a grocery establishment shall be used for the cleaning and polishing of utensils or equipment. Section XII: SAME-STORING AND HANDLING. After bactericidal treatment, utensils in grocery establishments 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. Section XIII: SINGLE SERVICE CONTAINERS AND UTENSILS. Single service utensils in grocery establishments shall be pur- chased only in sanitary containers, shall be stored therein, in a clean, dry place protected from dust, flies, and other contamination until used, and shall be handled in a sanitary manner. Section XIV: DISPOSAL OF WASTES. All wastes in grocery establishments shall be properly disposed of and all garbage and trash shall be kept in a suitable receptacle or receptacles in such a manner as not to become a nuisance. All flush toilets, lavatories, wash vats, sinks and sterilizers shall be connected to the public sewer by a method approved by the city. Section XV: REFRIGERATION. All readily perishable food, including cream-filled pastries in grocery establishments shall be kept at or below forty -five (45°) degrees fahrenheit, except when being prepared. Waste water from refrigeration equipment shall be discharged into the public sewer. Section XVI: WHOLESOMENESS OF FOOD. All food in grocery establishments shall be clean, wholesome, free of spoilage and so prepared as to be safe for human consumption. No food obtained from a source prohibited by the provisions of this Code, state law or ordinances of the city shall be sold or offered for sale. Section XVII: PREPARATION, STORAGE AND DISPLAY OF FOODS. All foods in grocery establishments shall be prepared, stored and displayed so as to be protected from dust, flies, vermin, depredation and pollution of rodents, unnecessary handling, droplet infection, overhead leakage, or submersion or other contamination. Section. XVIII: ANIMALS AND FOWL PROHIBITED; ELIMINATION OF FLIES, ROACHES, RODENTS. No live animals or fowl shall be kept or allowed in any room in which food is prepared, stored or displayed for sale. All means necessary for the elimination of flies, roaches, and rodents shall be used. Section XIX: CLEANLINESS OF EMPLOYEES; SPITTING OR USE OF TOBACCO. No person shall expectorate or use tobacco in any form while preparing food for sale or in rooms in which food is prepared for sale. Section XX: PREMISES TO BE KEPT CLEAN GARBAGE AND TRASH CONTAINERS. The premises of all grocery establishments shall be kept clean and free of litter and rubbish. Suitable containers shall be pro- vided for the handling of trash and garbage. Section XXI: NOT TO BE USED AS LIVING OR SLEEPING QUARTERS. None of the operations connected with a grocery establishment shall be conducted in any room used as living or sleeping quarters. • • -10- Section XXVII: SAVINGS 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. PASSED ON FIRST READING THIS PASSED ON SECOND READING THIS PASSED AND APPROVED ON THIS ATTEST: City Secretary, Act]. g APPROVED: gib b At1 ✓.v Mayor o the City of Huntsville, Texas day of day of day of 1972. 1972. , 1972. MARTIN D. COLLEY, CITY ATTOR Y