HomeMy WebLinkAbout2761-08/11/1975 Sunitatior Dept. INSPECTION REPORT
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DEMERIT SCCE LIF THE ESI491.15111"
ORDINANCE NO.
AN ORDINANCE REPEALING CHAPTER 15 OF THE MUNICIPAL CODE OF WATERLOO,
IOWA, IN ITS ENTIRETY AND ENACTING A NEW CHAPTER ESTABLISHING REGULATIONS
AND RESTRICTIONS OF FOOD AND FOOD HANDLERS.
BE IT ORDAINED by the City Council of the City of Waterloo, Iowa, as follows:
Section 1. Chapter 15 of the Waterloo Municipal Code is hereby repealed in
its entirety and the following new chapter is hereby enacted:
Chapter 15
FOOD AND FOOD HANDLERS
15.01 DEFINITIONS. For the purpose of interpretation and enforcement of the provisions
of this Chapter, the following words, terms, and phrases shall be deemed to have the
following definitions:
Adulterated Food: That which bears or contains any poisonous or deleterious substance in
a quantity which may render the same injurious to health; that which bears or contains any
added poisonous or deleterious substance for which no safe tolerance has been established
by regulation, or which is in excess of such tolerance if such has been established; that
which consists in whole or in part of any filthy, putrid, or decomposed substance; that
which has been processed, prepared, packed, or held under unsanitary conditions whereby
the same may have become contaminated with filth or whereby the same shall have been rendered
injurious to health; that which is in whole or in part the product of a diseased animal
or an animal which has died otherwise than by slaughter; or that whose container is
composed in whole or in part of any poisonous or deleterious substance which may render
the contents thereof injurious to health.
Approved: That which is acceptable to the Waterloo Department of Health and Sanitation,
based on its determination as to the conformance with appropriate standards and good
public health practice.
Caterer: Any person who is engaged in the preparation, serving, or handling of food for
remuneration at any location in the City of Waterloo other than one for which a Food Service
Permit has been issued by the Waterloo Department of Health and Sanitation in said person's
name or the name of his establishment.
City: The Incorporated City of Waterloo, Iowa, and when preceeded by the words "in" or
"within" the corporate limits thereof.
Closed: Fitted together snugly, leaving no openings large enough to permit the entrance
of vermin.
Corrosion Resistant Material: That which maintains its original surface characteristics
under prolonged influence of the food, cleaning compounds, and sanitizing solutions which
shall come in contact with the same.
Easily Cleanable: That which is readily accessible and of such material and finish and so
fabricated that residue remaining thereon can be completely removed by normal cleaning methods.
Employee: Any person working in a food service establishment who transports food or food
containers therein, engaged in food preparation, or service therein, comes in contact with
any food utensils and/or equipment, and/or supervises the handling of food or drink therein.
Equipment: All stoves, ranges, hoods, meat blocks, tables, counters, refrigerators, sinks,
dishwashing machines, steam tables, and other similar items other than utensils, used in
the operation of a food service establishment.
OF: Degrees Fahrenheit.
Food: Any raw, cooked, or processed edible substance, beverage, or ingredient used or
intended for use, or for sale in whole or in part for human consumption, Drugs and medicines
are hereby specifically excluded.
Food Contact Surfaces: Those surfaces of equipment and utensils with which food normally
comes in contact; also, those surfaces with which food may come in contact and drain back
onto surfaces normally in contact with food.
-2-
F God
2-
Food Processing Establishment: Any commercial establishment in which food is processed or
otherwise prepared and packaged for human consumption.
Food Service Establishment: Any fixed or mobile restaurant, coffee shop, short order cafe,
luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, bar, cocktail lounge,
night club, roadside stand, industrial feeding establishments, any private, public, or
nonprofit organization or institution routinely serving food, catering kitchen, commissary,
or similar place in which food or drink is prepared for sale or for service on the premises
or else where, and any other eating or drinking establishments or operation where food is
served or provided for consumption by the public, with or without charge.
Health Authority: The Board of Health of the City of Waterloo, Iowa, and the Waterloo
Department of Health and Sanitation, or its authorized representatives acting under and
pursuant to order and/or authority of said Department.
Itinerant Caterer: Any caterer who does not maintain a permanently located food service
establishment with the City.
Kitchen Ware: All multi-use utensils other than tableware used in the storage, preparation,
conveyance, or serving of foods.
Misbranded: The presence of any written, printed, or graphic matter, on or accompanying
food or containers of food, which is false or misleading, or which violates any applicable
labeling requirements.
Perishable Food: Any food of such type or in such condition as to be subject to spoilage.
Person: Any individual, firm, partnership, company, corporation, trustee, association,
or any public or private entity.
Potentially Hazardous Food: Any perishable food which consists in whole or in part of milk
or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of
supporting rapid and progressive growth of infectious or toxigenic micro-organisms.
Safe Temperature: When applicable to potentially hazardous food, shall be temperature of
45 F or below for temporary cold storage and 1400 F or above for temporary warm storage.
Sanitization: The effective bactericidal treatment of clean surfaces of equipment and
utensils by a process which has been approved by the Health Authority as being effective in
destroying microorganisms, including pathogens.
Sealed: Free of cracks or other openings which permit the entry or passage of moisture.
Single Service Articles: Cups, containers, lids, or closures; plates, knives, forks, spoons,
stirrers, paddles; straws, placemats, napkins, doilies, wrapping material; and all similar
articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil,
wood, plastic, synthetic, or other readily destructible materials, and which are intended
by the manufacturer and generally recognized by the public as for one-time usage only, then
to be discarded.
Tableware: All multi-use eating and drinking utensils, including flatware, such as knives,
forks, and spoons.
Temporary Food Service Establishment: Any food service establishment which operates at a
fixed location for a temporary period of time, not to exceed two (2) weeks, in connection
with a fair, carnival, circus, public exhibition, or similar transitory gathering.
Temporary Food Service Establishment on Public Property: Any food service establishment
which operates at a fixed location for a temporary period of time, on publicly owned property
with the written authorization of the public body, not to exceed nine months; the effective
period of the permit shall be specified in the permit by the issuing authorities.
Utensil: Tableware and kitchenware used in the storage, preparation, conveyance, or serving
of food.
Vending Machine: Any self-service device which, upon insertion of a coin or token, or by
other similar means, dispenses unit servings of food, either in bulk or in packages without
the necessity of replenishing the device between each vending operation.
Vending Machine Location: The room, enclosure, space or area where one or more vending
machines are installed and operated.
Wholesome: Sound condition, clean, free from adulteration, and otherwise suitable for use
as human food.
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15.02 FOOD QUALITY REQUIREMENTS. All food in food service establishments shall meet the
following requirements:
(a) All food shall be obtained from sources approved or considered satisfactory by the
Health Authority and shall be in compliance with applicable state and local laws, rules,
and regulations.
(b) All food shall be wholesome, as herein defined, and free from spoilage and adulteration.
(c) It shall be unlawful for any person within the City to manufacture, produce, compound,
have in his possession, sell, offer or expose for sale, or serve in any food service establish-
ment any food which is misbranded.
(d) All milk and fluid-milk products for drinking purposes shall be purchased and served
in the original individual container in which the same were packaged at the milk plant, or
shall be served from an approved bulk milk dispenser; provided, however, that cream, whipped
cream, or half and half which is to be consumed on the premises may be served from the
original container of not more than one-half gallon capacity or from a dispenser approved
by the Health Authority for such service, and for mixed drinks requiring less than one-half
pint of milk, milk may be poured from one quart or one-half gallon containers packaged at
said milk plant. Fresh and frozen shucked oysters, clams, and mussels shall be packed in
non-returnable containers, identified with the name and address of the packer, re-packer, or
the distributor, and the certificate number of the packer or re-packer preceeded by the
abbreviated name of the state. Shell stock shall be identified with an official tag giving
the name and certificate number of the original shellstock shipper and kind and quantity of
shell stock.
(e) All milk dispensers•, while in use, shall comply with the following specifications:
1. Surfaces with which milk or milk products come in contact shall be free from
accessibility to manual contact, droplet infection, dust or flies; provided,
however, that the delivery orifice shall be exempt from this requirement.
2. All parts of the dispensing device with which milk comes in contact, including
any measuring device, shall be cleaned and subjected to bactericidal treatment
at the milk plant where the same originates only, and no other location.
3. The milk dispensing containers shall be filled by mechanical means and
sealed at the milk plant in a manner subject to the approval of the Health Authority.
4. The milk dispensing container shall be plainly marked or labeled with the name
of the contents thereof as defined by the Iowa State Board of Health regulations,
the name and address of the processor, and the date of delivery to the dispensing
establishment.
5. The milk dispenser shall be installed wherever practical and used only in the
serving room of the food service establishment. Said dispenser shall be located
so as to be in full view of the customers of said establishment at all times.
(f) Only pasteurized fluid milk and fluid milk products shall be used or served for human
consumption. Dry milk and milk products may be reconstituted in a food service establishment
if used for cooking purposes only. All milk and milk products including fluid milk, other
fluid dairy products, and manufactured milk products shall meet the standards of quality
established for such products by applicable state and local laws, rules, and regulations.
(g) All non-acid and low acid food (with a PH of more than 4.5) hermetically sealed shall
have been processed in food-processing establishments wherein the conditions and methods of
preparation are subject to official regulation or surveilance by state or local governmental
authorities.
15.03 FOOD PROTECTION REQUIREMENTS. The protection of food scheduled for human consumption
in food service establishments within the City shall meet the following requirements:
(a) All food, while being stored, prepared, displayed, served, or sold in food service
establishments shall be protected against contamination from dust, flies, rodents, and other
vermin; unclean utensils and work surfaces; unnecessary handling; coughs and sneezes;
flooding, drainage, and overhead leakage, as well as any other source which will cause such
food to become contaminated.
-4-
(b) Conveniently located refrigeration facilities, hot food storage and display
facilities, together with effective insulated facilities, shall be provided as needed to
assure the maintenance of all food at required temperatures during storage, preparation,
display and service.
(c) Each cold storage facilities of perishable non-frozen state shall be provided with
an indicating thermometer accurate to t 20 F. , located in the warmest part of the facility
in which such food is stored, and of such type and so situated that the thermometer can be
easily observed for reading.
(d) All perishable food shall be stored at such temperature as will protect the same
against spoilage.
(e) All potentially hazardous food shall, except when being prepared and served, and while
being displayed for service, be kept at 450 F. , or below, or at 1400 F. , or above. All
potentially hazardous food while placed on display for service, shall be kept at the
temperatures hereinafter required:
1. If served hot, the temperature of such food shall be kept at a minimum
of 1400 F.
2. If served cold, such food shall either be displayed in or on a refrigerated
facility which can reduce or maintain the product temperature at a maximum of 450 F. , or
pre-chilled to a maximum temperature of 450 F., when placed on display for service, and
such food temperature shall at no time during the period of display exceed a temperature of
550 F.
(f) Frozen food shall be kept at such temperature as to remain frozen, except when being
thawed for preparation and use. Potentially hazardous frozen food shall be thawed at
refrigerator temperature not to exceed 450 F. , or under cool, potable running water not to
exceed a temperature of 700 F.; provided, however, the same may be quick-thawed as part of
the cooking process, or by such other method meeting the approval of the Health Authority.
(g) Convenient and suitable utensils such as forks, knives, tongs, spoons or scoops,
shall be provided, and used to the greatest degree possible to avoid personal contact with
food in its preparation. For self-service by customer consumers, similar implements shall
be provided.
(h) Following preparation, those sauces which, due to the ingredients used in their
preparation, require being held in the temperature range of between 450 and 1400 F. , may
be exempt from the said temperature, provided the same are prepared from fresh ingredients
and are discarded as waste within three hours following their preparation. Only shell
eggs shall be used in those sauces requiring eggs as an ingredient.
(i) Stuffings, poultry and stuffed meats and poultry shall be heated throughout, to a
minimum temperature of 165c F. , with no interruption of the initial cooking process. Pork
and pork products which have not been specially treated to destroy trichinae shall be
thoroughly cooked to heat all parts of the meat to a minimum temperature of 1500 F.
(j) All raw fruits and vegetables shall be washed thoroughly before being cooked or served.
(k) Containers of food shall be stored above floor level, on clean racks, dollies, or other
clean surfaces in such a manner as to be protected from splashing and other contaminations.
Food not subject to further washing or cooking before being served shall be stored in such
a manner as to be protected against contamination from food requiring washing or cooking.
(1) Wet storage of packaged food is hereby expressly prohibited.
(m) Where unwrapped food is placed on display in all types of food service operations,
including .smorgasbords, buffets and cafeterias, the same shall be protected against
contamination from customers and other sources, by effective, easily cleanable, counter-
protector devices, cabinets, display cases, containers, or other similar types of protective
equipment.
(n) Dispensary scoops, spoons, and dippers used in the preparation and serving of frozen
desserts shall be stored between use either in an approved running-water dipper well, or in
a manner approved by the Health Authority.
-5-
(o) Sugar shall be served only in dispensers or containers or in wrapped packages
designed for individual service; containers shall be so designed that a spoon cannot be
inserted therein.
(p) Individual portions of food once served to a customer shall not be served again;
provided that wrapped food, other than potentially hazardous food, which is still wholesome
and has not been unwrapped, may be served again.
(q) Only those poisonous and toxic materials required to maintain the establishment in a
sanitary condition and for the sanitization of equipment and utensils shall be permitted in
any area used within food service establishments. All containers thereof shall be
prominently and distinctively marked or labeled for easy identification as to contents, and
when not in actual use shall be stored in cabinets which are used for no other purpose or
in a place which is outside the food storage, food preparation, and cleaned equipment and
utensil storage rooms in said establishments. Bactericides and cleaning compounds shall not
be stored in the same cabinet or area of the room with insecticides, rodenticides, or other
poisonous materials. Poisonous compounds such as insecticides and rodenticides, in
powdered form shall have distinctive color so as not to be mistaken for food or ingredients
used in the preparation of food. Poisonous polishing materials shall not be used on
equipment or utensils, nor stored in the food service establishment.
(r) Bactericides, cleaning compounds, or other compounds intended for use on food-contact
surfaces shall not be used in such a manner as to leave a toxic residue on such surfaces,
nor to constitute a hazard to employees or customers. Poisonous materials shall not be
used in any way so as to contaminate food, equipment or utensils, nor so as to constitute
other hazards to employees or customers.
15.04 PERSONNEL HEALTH RESTRICTIONS. The restrictions of persons employed or working in
food service establishments within the City shall be as follows:
(a) No person while infected with any communicable disease or while known to be a carrier
of any such disease or while having boils, infected wounds, sores, or any acute respiratory
infection shall work or be employed in any area of a food service establishment in any
capacity in which there is a possibility of such person contaminating food or food-contact
surfaces with pathogenic organisms, or of transmitting such disease to other individuals,
and it shall be unlawful for any person having, or suspected of having been infected with
such disease or condition to be employed in such an area or capacity in any such food
service establishment.
(b) If the manager or person in charge of any food service establishment within the City
knows or has reason to suspect that any employee or worker in said establishment has contacted
any communicable disease, has become a carrier thereof, or is suffering from any condition
as described in sub-section (a) hereof, said manager or person in charge shall notify the
Health Authority immediately, and failure to do so shall constitute a violation of the
provisions of this Chapter.
15.05 PERSONNEL HYGIENE REQUIREMENTS. The hygiene of all persons employed and/or working
in food service establishments within the City shall be in accordance with the following
requirements:
(a) The hands of all employees and/or workers shall be kept clean while engaged in handling
food and food-contact surfaces. All employees and/or workers shall thoroughly wash their
hands and arms with soap and warm water before starting work, and shall wash their hands
during working hours as often as shall be required to remove soil and contamination therefrom,
as well as subsequently visiting the toilet room. Employees and workers shall keep their
fingernails clean and neatly trimmed at all times.
(b) The outer garments of all employees, workers, and persons washing dishes, in any food
service establishment within the City shall be reasonably clean at all times. Hair nets,
head bands, caps or other effective hair restraints shall be used by all persons in any
food service establishment engaged in the preparation and service of food, which shall
keep hair from food and food-contact surfaces.
(c) Employees and workers in any food service establishment shall maintain a high degree of
personal cleanliness and shall conform to good hygienic practices during all working periods.
Employees and other workers shall not use tobacco in any form while engaged in food
preparation or service, or while being in equipment and utensil washing or food preparation
areas; provided, however, that designated locations in such area meeting the approval of the
Health Authority may be set aside for such purpose.
-6-
15.06 SANITATION REQUIREMENTS FOR FOOD EQUIPMENT, UTENSILS, OR CONTACT SURFACES.
The food equipment, utensils, and food-contact surfaces of equipment in food service
establishments within the City shall be in accordance with the following requirements:
(a) Food-contact surfaces of equipment and utensils shall be smooth, free of breaks,
open seams, cracks, chips, pits, and similar imperfections; shall be in good repair and
easily cleanable. Materials used as food-contact surfaces of equipment and utensils shall,
under use conditions, be corrosion resistant, relatively non-absorbent, and non-toxic. All
food-contact surfaces, unless designated for inplace cleaning, shall be accessible for
manual cleaning, and for inspection by one of the following methods:
1. Without being disassembled;
2. By disassembling without the use of tools;
3. By easy disassembling with the use of simple tools kept available near the
equipment for such purpose, such as a mallet, screw driver, or open-end wrench;
Cutting blocks and boards and baker's tables may be of material
which is non-toxic, smooth, and free of cracks, crevices and open seams. Cutting boards
shall be easily removable. Wicker or plastic bread baskets when suitably lined may be
used for unwrapped food.
(b) All utensils shall be in compliance with the requirements set forth in sub-section (a)
of this Section.
(c) Surfaces of equipment not intended or used for contact with food but which are exposed
to splash, food debris, or otherwise require frequent cleaning, shall be reasonably smooth,
washable, free of unnecessary ledges, projections or crevices; readily accessible for
cleaning, and of such materials and in such state of repair as to be readily maintained in
a clean and sanitary condition.
(d) Single-service articles shall be made of non-toxic materials.
(e) Equipment which is placed on tables or counters, unless readily movable, shall be
sealed thereto or mounted on legs or feet a minimum of four inches in height, and shall be
so installed as to facilitate the cleaning of the equipment and the areas adjacent thereto.
Floormounted equipment, unless readily movable, shall be sealed to the floor or shall be
installed on raised platforms of concrete or other smooth masonry in such a manner as to
prevent liquids or debris from seeping or settling underneath the same or between or behind
such equipment in spaces which are not fully open for cleaning and inspection; otherwise,
such equipment shall be elevated a minimum height of six inches from the floor. The space
between adjoining units and between the unit and the adjacent wall, shall be closed unless
exposed to seepage, in which event the same shall be sealed, or sufficient space shall be
provided to facilitate easy cleaning between, behind and beside all such equipment. Aisles
or working spaces between equipment and between equipment and walls shall be unobstructed
and of sufficient width to permit employees to perform readily their duties without
contamination of food or food-contact surfaces by clothing or through personal contact.
(f) Equipment in use at the time of the adoption of the provisions of this Chapter which
does not meet fully the requirements prescribed herein may be continued in use provided the
same is in good repair, capable of being maintained in a sanitary condition, and the food-
contact surfaces are non-toxic; provided however that all equipment installed hereafter shall
meet the standards of the National Sanitation Foundation, as the same relates to design,
construction, material, installation and performance thereof.
(g) After each usage, all tableware shall be thoroughly cleaned to sight and touch.
(h) After each usage, all kitchenware and food-contact surfaces of equipment, exclusive of
cooking surfaces used in the preparation, serving, display or storage of food, shall be
thoroughly cleaned to sight and touch.
(i) The cooking surfaces of grills, griddles, and similar cooking devices shall be cleaned
at least once a day and shall be free of encrusted grease deposits and other soil.
(j) Non-food-contact surfaces of all equipment used in the operation of a food service
establishment, including tables, counters, shelves, mixers, grinders, slicers, hoods and fans,
shall be cleaned at such frequency as is necessary to be free of accumulations of dust,
dirt, food particles and other debris.
(k) Detergents and abrasives shall be thoroughly rinsed off all food-contact surfaces.
-7-
(1) Cloths used by waiters, chefs and other personnel shall be clean and any such
cloths used for wiping food-contact surfaces shall be used for no other purpose.
(m) Prior to washing, all equipment and utensils shall be pre-flushed or pre-scraped
and, when necessary pre-soaked to remove gross food particles and soil.
(n) All tableware shall after each use be sanitized. Any spoon or other utensil which
has been used for tasting or sampling food shall not again be used until the same has been
cleaned and sanitized.
(o) All kitchenware and food-contact surfaces of equipment used in the preparation, service,
display or storage of potentially hazardous food shall be sanitized prior to such use, and
following any interruption of operations during which contamination of the food-contact
surface is likely to occur.
(p) Dishwashing machines shall be of such materials and so designed and constructed as to
be easily cleanable and shall be capable when properly operated of rendering all equipment
and utensil surfaces clean to sight and touch and sanitized. Conveyors and dishwashing
machines shall be accurately timed to assure proper exposure times in wash and rinse cycles.
A three-compartment sink shall be provided and used wherever washing and sanitization of
equipment and/or utensils are conducted manually; provided, however, that establishments
where the only utensils to be washed are limited to spatulas, tongs, and similar devices,
and when the only equipment to be cleaned is stationary and does not require disassembly for
proper cleaning, a one-compartment sink may be approved by the Health Authority for such
purpose. No less than a two-compartment sink shall be provided and used for washing
kitchenware and equipment which does not require sanitization. Single compartment utility
sinks such as cook's and baker's sinks may be used for the rinsing of utensils. Sinks used
for manual washing and sanitizing operation shall be of adequate length, width, and depth
to permit the complete immersion of the equipment and utensils, and each compartment of
such sinks shall be supplied with hot and cold water. All eating and drinking utensils and,
where required, food-contact surfaces of all other equipment and utensils shall be sanitized
by at least one of the following methods:
1. Immersion for at least one-half minute in clean, hot water at a temperature
of not less than 1700 F.
2. Immersion for a period of at least one minute in a sanitizing solution con-
taining either at least 100 p.p.m. of available chlorine; or at least 12.5 p.p.m, of available
iodine in a solution; or, any other chemical sanitizing agent which has been demonstrated
to the satisfaction of the Health Authority to be effective and non-toxic under use
conditions, and for which a suitable field test is available.
3. Equipment which is too large to be treated either by method 1 or 2 set forth
above may be treated either with live steam from a hose in the case of equipment in which
steam can be confined; or by rinsing with boiling water; or by spraying or swabbing with a
chemical sanitizing solution of at least twice the minimum strength required for the
particular sanitizing solutions when used for immersion purposes.
When spray-type dishwashing machines are used, the flow pressure shall not be less than 15
nor more than 25 pounds per square inch on the water line at the machine, and not less than
10 pounds per square inch at the rinse nozzles. Jets, nozzles and all other parts of each
machine shall be maintained free of chemical deposits, debris and other soil. Automatic
detergent dispensers, if used, shall be kept in proper operating condition. The final or
fresh water rinse shall be at a temperature of at least 1800 F at the entrance of the manifold.
When a pumped rinse is provided, the water shall be at a temperature of at least 1700 F.
Any other type of machine, device, or facilities and procedures may be approved by the
Health Authority for cleaning or sanitizing equipment and utensils, if it can be readily
established that such machine, device, or facility and procedure will routinely render
equipment and utensils clean to sight and touch, and provide effective bactericidal treatment
as demonstrated by an average plate count per utensil surface examined of not more than
100 colonies per 4 square inches of swabbed area or 1 ml. of a liquid sample. The 4 square
inches should apply to the inside of bowls and plates or other large food area. Glasses and
cups should be swabbed on the upper 1/2 inch inside and out. Knives, forks, and spoons
total swab on food contact surfaces.
(q) Wash water shall be kept reasonably clean, and rinse water tanks shall be so protected
by distance, baffles, or other effective means as to minimize the entry of wash water into
the rinse water.
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(r) When manual methods of washing are employed, the wash water shall be warm and
compatible to manual contact. For mechanical washers, the wash water temperature shall be
at least 1400 F and in single tank conveyor machines, the temperature shall be at least
1600 F.
(s) Dish tables and drainboards of adequate size for proper handling of soiled utensils
prior to washing and for cleaned utensils following rinsing or sanitization shall be
provided and shall be so located or constructed as not to interfere with the proper use
of the dishwashing facilities; provided, however, that drainboards shall not be required
for cook's and baker's rinse sinks. Sinks, dish tables, and drain boards shall be
constructed of galvanized metal or better, suitably reinforced, of such thickness and
design as to resist denting and buckling, and sloped so as to be self-draining.
(t) Effective concentrations of a suitable detergent shall be used in both manual and
mechanical dish washing.
(u) When hot water is used as the sanitizing agent in manual operation, thermometers
accurate to 120 F shall be provided conveniently to the sink to permit frequent checks of
the water temperature. An easily readable thermometer shall be provided in each tank of
the dish washing machine which will indicate to an accuracy of 120 F the temperature of the
water or solution therein. In addition, a thermometer of equal accuracy shall be provided
which will indicate the temperature of the final rinse water as it enters the manifold.
(v) Dish baskets for manual operation shall be of such design as to permit complete
immersion of the utensils and equipment components being sanitized therein.
(w) A suitable gauge cock shall be provided immediately up stream from the final rinse
sprays to permit checking the flow pressure of the final rinse water.
(x) Food-contact surfaces of cleaned and sanitized equipment and utensils shall be
handled in such a manner so as to be protected from contamination. Cleaned spoons, knives,
and forks shall be picked up and touched only by their handles. Clean cups, glasses, and
bowls shall be handled so that fingers and thumbs do not contact inside surfaces or lip
contact surfaces. Utensils shall be air dried before being stored, or shall be stored in
a self-draining position on suitably located hooks or racks constructed of corrosion
resistant material. When ever practicable, stored containers and utensils shall be covered
and inverted.
(y) Cleaned, and sanitized, portable equipment and utensils shall be stored above the
floor in a clean, dry location, and suitable space and facilities shall be provided for
such storage, so that food-contact surfaces are protected from splash, dust, and other
contamination. The food-contact surfaces of fixed equipment shall also be protected from
splash, dust, and other contaminations.
(z) Single service articles shall be stored in closed containers or cartons which protect
them from contamination. Such articles shall be handled and dispensed in such a manner
as to prevent contamination of surfaces which may come into contact with food or the
mouth of the user.
(aa) Single service articles shall be used only once.
(bb) All food service establishments which do not have adequate and effective facilities
for cleaning and sanitizing utensils shall use single service articles.
15.07 WATER SUPPLY REQUIREMENTS. The water supply to establishments to be used as food
service establishments within the City shall meet the following requirements.
(a) The water supply shall be adequate, of a safe sanitary quality, and from an approved
public or private water-supply system which is constructed, protected, operated and
maintained in conformance with applicable state and local laws, ordinances, and regulations.
(b) Hot and cold running water, under pressure, shall be provided in all areas where food
is prepared, and where equipment and utensils are washed.
(c) All water, not piped into the establishment directly from the source, shall be
transported, handled, stored, and dispensed in a sanitary manner. Drinking water, if not
dispensed through the water-supply system of the food service establishment, may be stored
in a separate non-pressurized tank, reservoir, or other container.
(d) Ice shall be made from water meeting the requirements of paragraph (a) of this
subsection.
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(e) Ice shall be made in an ice making machine which is located, installed, operated,
and maintained so as to prevent contamination of the ice, or shall be obtained from a
source approved by the Health Authority.
(f) Approved containers and utensils shall be provided for storing and serving ice in
a sanitary manner. They shall be kept clean and shall be stored and handled in a sanitary
manner. Canvas containers shall not be used unless provided with a sanitary single
service liner so as to completely protect the ice. If block ice is used, the outer
surfaces shall be thoroughly rinsed so as to remove any soil before it is used for any
purpose. If ice crushers are used, they shall be maintained in a clean condition and shall
be covered when not in use.
(g) Ice buckets, other containers, and scoops, unless they are of single service type,
shall be of a smooth, impervious material, and designed to facilitate cleaning.
15.08 SEWAGE DISPOSAL SYSTEM REQUIREMENTS. All sewage disposal systems for food service
establishments in the City, shall meet the following requirements:
(a) All sewage shall be disposed of by means of a public sewerage system or an approved
sewage system which is constructed and operated in conformance with applicable state and
local laws, ordinances, and regulations.
15.09 PLUMBING REQUIREMENTS. All plumbing in food service establishments in the City,
shall meet the following requirements:
(a) All plumbing shall be sized, installed, and maintained in accordance with applicable
state and local plumbing laws, ordinances, and regulations.
(b) The piping of any non-potable water system shall be adequately and durably identified,
such as by distinctive yellow colored paint, so that it is readily distinguished from
piping which carries potable water, and such piping shall not be connected to equipment
or have outlets in the food-preparation area.
(c) The potable water supply piping shall not be directly connected with any non-potable
water-supply system whereby the non-potable water can be drawn or discharged into the
potable water supply system.
(d) The potable water system shall be installed in such a manner so as to preclude the
possibility of back siphonage.
(e) Dishwashing machines, refrigerators, steam kettles, peelers, and similar types of
enclosed equipment in which food, portable equipment, or utensils are placed, shall not be
directly connected to the drainage system. Each waste pipe from such equipment shall
discharge into an open accessible, individual waste sink floor drain or suitable fixture
which is properly trapped and vented. Indirect connections of drain lines from other
equipment used in the preparation of food or washing of equipment and utensils may be
required by the Health Authority when, in his opinion, the installation is such, that
back flow of sewage is likely to occur. Each walk-in refrigerator shall be equipped with
a floor drain, so installed as to preclude the back flow of sewage into the refrigerator,
or all parts of the floor of each walk-in refrigerator shall be graded to drain to the
outside through a waste pipe, doorway, or other opening. Indirect waste connections shall
be provided for drains, over-flows, or relief vents from the water-supply system. Drain
lines from equipment shall not discharge waste water in such a manner as will permit the
flooding of floors or the flowing of water across working or walking areas, or into
difficult-to-clean areas, or otherwise create a nuisance.
15.10 TOILET FACILITIES REQUIRED. All food service establishments, except mobile, temporary
or where vending machines only are located, in the City, shall have toilet facilities which
meet the following requirements:
(a) Toilet facilities shall be adequate and conveniently located, and shall be accessible
to the employees at all times. They shall be installed in accordance with applicable state
and local laws, ordinances, and regulations, or in the absence thereof, as approved by the
Health Authority. Water closets and urinals shall be of a sanitary design.
(b) Toilet rooms shall be completely enclosed, and shall have tight fitting self-closing
doors. Such doors shall not be left open except during cleaning or maintenance. If
vestibules are provided, they shall be kept in a clean condition and in good repair.
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(c) Toilet facilities, including the toilet room and fixtures, shall be kept clean
and in good repair, and free of objectionable odors.
(d) A supply of toilet tissue shall be provided at each toilet at all times. Easily
cleanable receptacles shall be provided for waste materials, and such receptacles in toilet
rooms for women shall be covered. Such receptacles shall be emptied at least once a day,
and more frequently when necessary to prevent excessive accumulation of waste materials.
15.11 HAND WASHING FACILITIES REQUIRED. All food service establishments, except mobile,
temporary or where vending machines only are located, within the City shall be provided with
convenient hand washing facilities which meet the following requirements:
(a) Lavatories shall be located within or immediately adjacent to all toilet rooms or
vestibules. In all new establishments and establishments which are extdnsively altered,
lavatories shall also be located within the area where food is prepared. Lavatories shall
be adequate in size and number and shall be so located as to permit convenient and
expeditious use by all employees. Lavatories shall be installed in accordance with
applicable state and local laws, ordinances, and regulations, or in the absence thereof,
as approved by the Health Authority.
(b) Each lavatory shall be provided with hot and cold or tempered (1000 - 1150 F.) running
water. Where hot and cold running water is provided, a mixing valve or combination faucet is
recommended and shall be required in new installations; steam mixing valves are prohibited.
(c) An adequate supply of hand-cleansing soap or detergent shall be at each lavatory. An
adequate supply of sanitary towels or an approved hand drying device, shall be available
and conveniently located near the lavatory. Common towels are prohibited.
(d) Where disposable towels are used, waste receptacles shall be located conveniently
near the hand-washing facilities.
(e) Lavatories, soap dispensers, hand drying devices, and all other components of the
hand-washing facilities shall be kept clean and in good repair.
15.12 GARBAGE AND RUBBISH REQUIREMENTS. All garbage and rubbish accumulated from
operation of any food service establishment within the City shall be stored and disposed of
in a manner which will meet the following requirements:
(a) All garbage and rubbish containing food waste shall be kept in containers, constructed
of durable metal or other approved types of material, which do not leak and do not absorb
liquids. There shall be a sufficient number of containers to hold all of the garbage and
rubbish containing food waste which accumulates between periods of removal from the premise.
(b) After being emptied, each container shall be thoroughly cleaned on the inside and
outside in a manner so as not to contaminate food, equipment, utensils, or food-preparation
areas. Brushes shall be provided for washing garbage containers and shall be used for no
other purpose.
(c) Garbage and rubbish containing food waste shall be stored so as to be inaccessible to
vermin. All containers shall be provided with tight fitting lids or covers and shall,
unless kept in a special vermin-proofed room or enclosure or in a waste refrigerator, be kept
covered when stored or not in continuous use. All other rubbish shall be stored in a
manner approved by the Health Authority.
(d) Storage facilities shall be adequate for the proper storage of all garbage and rubbish.
Storage areas shall be clean, and shall not constitute a nuisance.
(e) All garbage and rubbish shall be disposed of daily, or at such other frequencies as
may be approved by the Health Authority, and in such a manner as to prevent a nuisance.
(f) Storage rooms or enclosures shall be constructed of easily cleanable, washable
materials and shall be vermin proofed. The floors, and the walls up to at least the level
reached by splash or spray, shall be of relatively non-absorbent materials. Garbage
containers outside the establishment shall be stored either on a concrete slab, or on a
rack which is at least 12 inches above the ground for a single bank of containers, or 18
inches above the ground for a multiple bank of containers.
(g) Food waste grinders shall be so constructed and installed as to comply with applicable
state and local plumbing laws, ordinances and regulations, where garbage or combustible
rubbish is burned on the premises, an approved incinerator shall be provided, and shall be
operated in such a manner as to comply with local regulations and so that it does not create
a nuisance. Areas around such incinerators shall be kept in a clean and orderly condition.
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15.13 VERMIN CONTROL REQUIREMENTS. All food service establishments within the City
shall provide vermin Control measures which will meet the following requirements:
(a) Effective control measures shall be utilized to minimize the presence of rodents,
flies, roaches, and other vermin on the premises. No type of vaporizer chemical insect-
control apparatus is to be installed or used without approval of the Health Authority.
(b) Unless flies and other flying insects are absent from the immediate vicinity of the
establishment, all openings to the outer air shall be effectively protected against the
entrance of such insects by self-closing doors, closed windows, screening, controlled air
currents, or other effective means. Screening material shall be not less than 16 mesh
to the inch or equivalent. Screen doors to the outer air shall be self-closing, and
screens for windows, doors, skylights, transoms, and other openings to the outer air shall
be tight-fitting and free of breaks. All openings to the outside shall be effectively
protected against the entrance of rodents.
(c) The premises shall be kept in such a condition as to prevent the harborage or feeding
of vermin.
15.14 FLOORS, WALLS AND CEILINGS REQUIREMENTS. All floors, walls, and ceilings of food
service establishments within the City shall meet the following requirements:
(a) All floors shall be kept clean and in good repair.
(b) The floors of all food preparation, food storage, and utensil-washing rooms and areas,
and walk-in refrigerators, dressing or locker rooms and toilet rooms shall be constructed
of smooth, durable, non-absorbent, and easily cleanable materials such as concrete,
terrazzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated
with plastic, provided, that in areas subject to spilling or dripping of grease or fatty sub-
stances, such floor covering shall be of grease resistant material and provided further,
that floors of non-refrigerated, dry-food storage areas need not be non-absorbent.
Carpeting may be used on the floors of interior dining areas. Such carpet shall be in good
repair and kept clean.
(c) Floor drains shall be provided in floors which are water-flushed for cleaning or which
receive discharges of water or other fluid waste from equipment. Such floors shall be
graded to drain.
(d) The walking and driving surfaces of all exterior areas where food is served, such as
drive-in restaurants, sidewalk cafes, patio service, chuck-wagon service, and barbecues,
shall be kept clean and free of debris, and shall be properly drained so that water will
not accumulate.
(e) Such areas shall be surfaced with concrete or asphalt, or with gravel or similar
material effectively treated to facilitate maintenance and to minimize dust.
(f) Mats or duckboards, if used, shall be so constructed as to facilitate being cleaned,
and shall be kept clean. They shall be of such size and design as to permit easy removal
for cleaning.
(g) All concrete, terrazzo, or ceramic tile floors, hereafter installed in food preparation,
food storage, and utensil-washing rooms and areas, and in walk-in refrigerators, dressing or
locker rooms, and toilet rooms, shall provide a coved juncture between the floor and wall.
In all cases, the juncture between the floor and the wall shall be closed.
(h) All walls and ceilings, including doors, windows, skylights and similar closures,
shall be kept in clean and in good repair. Light fixtures, decorative materials, and
similar equipment and material attached to walls or ceilings, shall be kept clean.
(i) Studs, joists, and rafters shall not be left exposed in food preparation or utensil-
washing areas or toilet rooms. If left exposed in other rooms or areas, they shall be
suitably finished and shall be kept clean and in good repair. Wall material used, such as
sheet metal, linoleum, plastic, paper, and similar materials, shall be so attached and
sealed to the wall or ceiling as to leave no open spaces or cracks which would permit
accumulation of grease or debris, or provide harborage of vermin.
(j) The walls of all food-preparation, utensil-washing and hand washing rooms or areas shall
have light colored, smooth, easily cleanable surfaces, and such surfaces shall be washable
up to at least the highest level reached by splash or spray. Acoustical materials may be
used on the ceiling, provided ventilation is adequate to minimize grease and moisture
absorption.
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15.15 LIGHTING FACILITIES REQUIREMENTS. Lighting facilities in all food service
establishments within the City shall meet the following requirements:
(a) At least 20 foot-candles of light shall be required on all working surfaces.
(b) At least 10 foot-candles on all surfaces other than working surfaces, and equipment,
in food preparation, utensil-washing, and hand washing areas and toilet rooms.
(c) At least 5 foot-candles of light at a distance of 30 inches from the floor shall be
required in all areas other than those in paragraph (a) and (b) above including dining
areas during cleaning operations.
(d) Sources of artificial light shall be provided and used to the extent necessary to
provide the required amounts of light on these surfaces when in use and when being cleaned.
15.16 VENTILATION REQUIREMENTS. All food service establishments within the City shall be
so constructed and equipped with necessary facilities to meet the following requirements:
(a) All rooms shall be adequately ventilated, and ventilation facilities shall be maintained
and operated so that all areas are kept reasonably free from excessive heat, steam,
condensation, vapors, smoke, or fumes. Effective air-recovery systems may be used in the
ventilation of these areas.
(b) All rooms, areas, and equipment, from which contaminated aerosols, obnoxious odors, or
noxious fumes or vapors may originate, shall be effectively vented to the outside air.
(c) Ventilation hoods and devices shall be designed to prevent grease or condensate from
dripping into food or onto food preparation surfaces. Filters, where used, shall be readily
removed for cleaning and replacement.
(d) Where intake air ducts are used, they shall be designed, located and maintained so as
to prevent the entrance of dust, dirt, insects, or other contaminating materials.
(e) Ventilation systems shall comply with applicable state and local fire-prevention
requirements and when vented to the outside air, shall discharge in such a manner as not to
create a nuisance.
15.17 FACILITIES FOR EMPLOYEES AND THEIR CLOTHING. Dressing rooms and lockers shall be
provided by all food service establishments within the City which will meet the following
requirements:
(a) Adequate facilities shall be provided for the orderly storage of employee's clothing
and personal belongings. Dressing rooms or designated areas shall be provided when, as a
routine procedure, employees change clothing within the establishment. Such designated
areas shall be located outside food preparation, storage, and serving areas, and utensil-
washing and storage areas, provided, that the Health Authority may approve such an area in
a storage room where only completely packaged food is stored.
(b) Adequate lockers within dressing rooms or areas, or other suitable facilities within
dressing rooms, shall be provided and used for the storage of employee's coats, clothing
and personal belongings.
(c) Dressing rooms or areas, and lockers, shall be kept in a clean condition.
15.18 HOUSEKEEPING REQUIREMENTS. Housekeeping methods used in food service establishments
within the City shall result in conditions which meet the following requirements:
(a) The establishment and all parts of the property used in connection with operation of
the establishment shall be kept neat, clean and free of litter and rubbish.
(b) None of the operations connected with the establishment shall be conducted in any room
used as living or sleeping quarters.
(c) vacuum cleaning, wet cleaning, or other dustless methods of floor and wall cleaning
shall be used; or dust-arresting sweeping compounds and pushbrooms shall be employed, and all
such cleaning except emergency floor cleaning, shall be done during those periods when the
least amount of food is exposed, such as after closing or between meals.
(d) Laundered cloths and napkins shall be stored in a clean place until used.
(e) Non-absorbent containers or laundry bags shall be provided, and damp or soiled linens
and cloths shall be kept therein until removed for laundering.
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(f) No live birds or animals shall be allowed in any area used for the storage,
preparation, or serving of food, or for the cleaning or storage of utensils, or in toilet
rooms, employee's dressing rooms or areas, in vehicles used for the transportation of food,
or in any other area or facility used in the conduct of food service establishment operations,
provided, that guide dogs accompanying blind persons may be permitted in dining areas.
15.19 TEMPORARY FOOD ESTABLISHMENTS REQUIREMENTS. All temporary food establishments which
are constructed or operated in the City shall meet the following requirements:
1. Effective and expiration dates to be specified on the permit, subject, however,
to cancellation by the Health Authority at his discretion.
2. No food or drink to be prepared except those which can be properly fried or
steamed or boiled, such as frankfurts and/or similar approved cased meats and coffee or tea
in approved urns or pots.
3. Refrigeration must be provided for all perishable foods or drinks.
4. Cream, milk or condensed milk served with coffee or tea shall be kept in and
served from the original container without any mixing or dilution of the original product,
and shall be kept under refrigeration between servings.
5. Only single service cups, glasses, dishes and spoons shall be used.
6. Sugar shall be in an enclosed pouring type container or individually wrapped.
7. Frozen desserts may be sold only in the original containers and shall be
from an approved source.
8. Milk and milk products beverages shall be properly closed and refrigerated and
shall be served to the consumer in the original container with the seal intact.
9. An adequate supply of water for cleaning and handwashing shall be maintained
in the establishment.
10. Liquid wastes which is not discharged into a sewerage system shall be
disposed of in such a manner as not to create a public health hazard or nuisance condition.
11. Adequate facilities shall be provided for employee hand washing and cleaning.
Such facilities may consist of a pan, water, soap, and individual paper towels.
15.20 FOOD VENDING MACHINES REQUIREMENTS. All food and drink vending machines installed
within the City shall fully comply with the following requirements:
(a) No location shall be approved unless the machine is adequately protected against
contamination by dust, insects, and vermin.
(b) The place from which the machines are serviced and maintained shall obtain the necessary
permit or permits from the Health Authority for the food establishment as required, and shall
comply with all applicable sanitation provisions and special sections of this ordinance.
(c) Every food or drink vending machine so installed within the City shall have an
applicable food-service permit.
15.21 FOOD TRANSPORTING REQUIREMENTS. Any food service operation by a caterer or in a
mobile vending unit within the City shall meet the following requirements:
(a) Vehicles - every vehicle used for catering, as a sandwich vehicle or other mobile
food or drink distribution wagons shall be well constructed and enclosed with top and sides,
and all food products shall be thoroughly enclosed, covered and protected while being
conveyed or transported along or upon any street, thoroughfare, or open space. The interior
walls and ceilings of such vehicle shall be smooth, durable material capable of withstanding
repeated washing and scrubbing. Each such vehicle shall be kept well painted, in good
repair, in good sanitary condition and shall not be used for any other purpose except as
provided in this section. Meat, dairy products, and other perishable products shall be
kept refrigerated at all times.
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(b) Upon each side of every vehicle for which a sanitary permit is required, there shall
be printed or affixed in permanent, plain, legible letters and numbers at least three inches
high, separate word or words designating the type of business done from the vehicle, the
name of the operator or permittee, or the trade name and address of the permittee or
establishment. On or in every vehicle for which a sanitary permit is required, there shall
be conspicuously affixed in a covered holder the sanitary permit for the current year.
(c) All food or drink items dispensed or delivered in mobile units shall be from a source
which meets the requirements of this ordinance.
15.22 PERMITS: APPLICATION, SUSPENSION, HEARINGS. It shall be unlawful for any person
to operate a food-service establishment within the City or its police jurisdiction, who
does not possess a valid permit or permits, issued to him by the Health Authority. Only
a person who complies with the requirements of this ordinance shall be entitled to receive and
retain such a permit. If more than one unrelated kitchen, bar, or food or drink dispensing
facility shall be located on or within the same premises, an additional permit for each
and every such kitchen, bar, or food or drink dispensing facility shall require an additional
permit. This provision shall not be construed to include restaurant fountains or self-service
counters which are an integral part of the restaurant or food handling operation.
(a) Any person desiring to operate a food service establishment shall make written applica-
tion for a permit on forms provided by the Health Authority. Such applications shall
include: the applicant's full name and post office address, and whether such applicant is
an individual owner, or corporation, and if partnership, the names of the partners, together
with their addresses shall be included. The location and type of proposed food-service
establishment, and the signature of the applicant or applicants. If the application is for
a temporary food service establishment, it shall also include the inclusive dates of the
proposed operation. Upon receipt of such an application the Health Authority shall make an
inspection of the food service establishment to determine compliance with the provisions
of this ordinance. When inspection reveals that the applicable requirements of this
ordinance have been met, the proper fees have been paid to the City, a permit shall be
issued to the applicant by the Health Authority.
(b) Every person securing a permit for food establishment shall pay to the City on or before
May 1 an annual fee according to the type of permit as listed below:
1. Temporary food service establishment $ 7.00
2. Temporary food service establishment in excess of two weeks $ 1.00 per day
3. Food vending machines
Number of vending Machines
1 - 3 $ 5.00
4 - 10 7.50
11 - 25 10.00
26 - 50 20.00
51 - 100 30.00
101 - 200 40.00
201 - 300 50.00
301 - 400 62.50
401 - 500 75.00
501 - 600 87.50
601 - 700 90.00
701 - 800 102.50
801 - 900 115.00
901 - 1000 127.50
4. Any other food service establishment $20.00
(Plus $10.00 for inspection on first application for new
food service establishment)
5. Churches, schools, and hospitals serving food on the premises
and operated by said are not required to pay a permit fee,
however, must comply with all other provisions of this Chapter.
6. Bulk ballgum, peanut and "penny" candy vending machines
1 - 300 $15.00
over 300 20.00
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(1) Permits may be suspended temporarily by the Health Authority for failure of the holder
to comply with the requirements of this ordinance. Whenever a permit holder or operator
has failed to comply with any notice issued under the provisions of Sections 15.22 through
15.30 of this ordinance, the permit holder or operator shall be notified in writing that
the permit is, upon service of the notice, immediately suspended, and that an opportunity
for a hearing will be provided if a written request for a hearing is filed with the Health
Authority by the permit holder. Notwithstanding the other provision of this ordinance,
whenever the Health Authority finds unsanitary or other conditions in the operation of a
food service establishment which, in his judgment constitute a substantial hazard to the
public health, he may without warning, notice, or hearing, issue a written notice to the
permit holder or operator citing such condition, specifying the corrective action to be
taken, and specifying tte time period within which such action shall be taken; and, if
deemed necessary, such order shall state that the permit is immediately suspended, and all
food service operations are to be immediately discontinued. Any person to whom such order
is issued shall comply immediately therewith, but upon written petition to the Health
Authority shall be afforded a hearing as soon as possible.
(d) Any person whose permit has been suspended may, at any time, make application for a
re-inspection for the purpose of reinstatement of the permit. Within 10 days following
receipt of a written request, including a statement signed by the applicant that in his
opinion the conditions causing suspension of the permit have been corrected, the Health
Authority shall make a re-inspection. If the applicant is complying with the requirements
of this ordinance, the permit shall be reinstated.
(e) For serious or repeated violations of any of the requirements of this ordinance, or for
interference with the Health Authority in the performance of his duties, the permit may be
permanently revoked after an opportunity for a hearing has been provided by the Health
Authority. Prior to such action, the Health Authority shall notify the permit holder in
writing, stating the reasons for which the permit is subject to revocation and advising
that the permit shall be permanently revoked at the end of 5 days following service of such
notice, unless a request for a hearing is filed with the Health Authority, by the permit
holder, within such 5-day period. A permit may be suspended for cause pending its
revocation or a hearing relative thereto.
(f) The hearings provided for in this section shall be conducted by the Health Authority
at a time and place designated by him. Based upon the record of such hearing, the Health
Authority shall make a finding and shall sustain, modify, or rescind any official notice or
order considered in the hearing. A written report of the hearing decision shall be
furnished to the permit holder by the Health Authority.
15.23 INSPECTIONS, NOTICE AND CORRECTIONS. At least once every 6 months, the Health
Authority shall inspect each food service establishment located in the City or its police
jurisdiction, and shall make as many additional inspections and re-inspections as are
necessary for the enforcement of this ordinance.
(a) The Health Authority, after proper identification, shall be permitted to enter, at
any reasonable time, any food service establishment within the City or its police juris-
diction, for the purpose of making inspections to determine compliance with this ordinance.
(b) Whenever the Health Authority makes an inspection of a food service establishment,
he shall record his findings on an inspection report form provided for this purpose, and
shall furnish the original of such inspection report form to the permit holder or operator.
Such form shall summarize the requirements of Sections 15.02 through 15.21 of this ordi-
nance and shall set forth demerit point values for each such requirement, in accordance
with the "Inspection Report Food Service Establishments" and "Machine and Location
Inspection Form For the Vending Operator", or such other forms in compliance with the
requirements of this ordinance as may be hereafter adopted by the Health Authority, copies
of each which are appended and made a part of this section. Upon completion
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of an inspection, the Health Authority shall total the demerit point values for all
requirements in violation, such total becoming the demerit score for the establishment.
(c) Whenever the Health Authority makes an inspection of a food service establishment and
discovers that any of the requirements of Sections 15.02 through 15.21 of this ordinance
have been violated, he shall notify the permit holder or operator of such violations by
means of an inspection report form or other written notice. In such notification, the
Health Authority shall:
1. Set forth the specific violations found, together with the demerit score
of the establishment.
2. Establish a specific and reasonable period of time for the correction of the
violations found, in accordance with the following provisions:
a. When the demerit score of the establishment is 20 or less, all violations
of 2 or 4 demerit points must be corrected by the time of the next routine
inspection, or
b. When the demerit score of the establishment is more than 20 but not more than
40, all items of 2 or 4 demerit points must be corrected within a period of
time not to exceed 30 days, or
c. When one or more 6 demerit point items are in violation, regardless of
demerit score, such items must be corrected within a period of time not to
exceed 10 days.
d. When the demerit score of the establishment is more than 40, the permit is
immediately suspended.
e. In the case of temporary food service establishments, violations must be
corrected within a specified period of time not to exceed 24 hours. Failure
to comply with such notice shall result in immediate suspension of the permit.
3. State that failure to comply with any notice issued in accordance with the
provisions of this ordinance may result in immediate suspension of the permit.
4. State that an opportunity for appeal from any notice or inspection findings
will be provided if a written request for a hearing is filed with the Health Authority
within the period of time established in the notice for correction.
(d) Notices provided for under this section shall be deemed to have been properly served
when the original of the inspection report form or other notice has been delivered personally
to the permit holder or person in charge, or such notice has been sent by registered or
certified mail, return receipt requested, to the last-known address of the permit holder.
A copy of such notice shall be filed with the records of the Health Authority.
15.24 EXAMINATION AND SAMPLING OF FOOD. Food may be examined or sampled by the Health
Authority as often as may be necessary to determine freedom from adulteration or misbranding.
The Health Authority may, upon written notice to the owner or person in charge, place a
hold order on any food which he determines or has probable cause to believe to be unwholesome
or otherwise adulterated, or misbranded. Under a hold order, food shall be permitted to be
suitably stored. It shall be unlawful for any person to remove or alter a hold order,
notice, or tag placed on food by the Health Authority, and neither such food nor the
containers thereof shall be relabeled, repacked, reprocessed, altered, disposed of, or
destroyed without permission of the Health Authority, except on order by a court of competent
jurisdiction. After the owner or person in charge has had a hearing as provided for in
15.22 (d) (e) and (f) , and on the basis of evidence produced at such hearing, or on the
basis of his examination in the event a written request for a hearing is not received within
10 days, the Health Authority may vacate the hold order, or may by written order direct the
owner or person in charge of the food which was placed under the hold order to denature or
destroy such food or bring it into compliance with the provisions of this ordinance:
Provided, that such order of the Health Authority to denature or destroy such food or
bring it into compliance with the provisions of this ordinance shall be stayed if the order
is appealed to a court of competent jurisdiction within 3 days.
•• i
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15.25 FOOD PREPARED OUTSIDE JURISDICTION. Food from food service establishments outside
the jurisdiction of the Health Authority of the City, may be sold within the City, if such
food service establishments conform to the provisions of this ordinance or to substantially
equivalent provisions. To determine the extent of compliance with such provisions, the
Health Authority may accept reports from responsible authorities in other jurisdictions
where such food service establishments are located.
15.26 REMODELING: APPROVAL OF HEALTH AUTHORITY. When a food service establishment is
hereafter constructed or extensively remodeled, or when an existing structure is converted
for use as a food service establishment properly prepared plans and specifications for such
construction, remodeling, or alteration, showing layout, arrangement, and construction
materials of work areas, and the location, size, and type of fixed equipment and facilities,
shall be submitted to the Health Authority for approval before such work is begun.
15.27 PROCEDURE WHEN DISEASE TRANSMISSION SUSPECTED. When the Health Authority has
reasonable cause to suspect possibility of disease transmission from any food service
establishment employee, the Health Authority shall secure a morbidity history of the
suspected employee, or make such other investigation as may be indicated, and take appropriate
action. The Health Authority may require any or all the following measures: (a) the
immediate exclusion of the employee from all food service establishments; (b) the
immediate closure of the food service establishment concerned, until, in the opinion of the
Health Authority, no further danger of disease outbreak exists; (c) restriction of the
employee's services to some area of the establishment where there would be no danger of
transmitting disease; and (d) adequate medical and laboratory examinations of the
employee, of other employees, and of his and their body discharges.
15.28 DISPLAY OF ANIMALS. With respect to any animal, fowl or mammal display or show to
be held at Conway Square Civic Center, McElroy Auditorium or Crossroads Shopping Center,
permission shall first be obtained from the Health Authority, by submitting an application
to conduct said display or show, not less than ten (10) days prior to the date of said display
or show. Permission or refusal for said display or show shall be made in writing by the
Health Authority; said permission shall not be unreasonably withheld, and may be granted
upon such terms and conditions as said Health Authority deems necessary to implement and
effect this entire ordinance.
15.29 FINE AND INJUNCTIVE RELIEF FOR VIOLATIONS. Any person who shall violate any of the
provisions of this ordinance shall be guilty of a misdemeanor and, upon conviction thereof,
shall be punished by a fine of not more than $100.00 or not more than 30 days in jail. In
addition thereto, such persons may be enjoined from continuing such violations. Each day
upon which such a violation occurs shall constitute a separate violation.
15.30 MILK AND MILK PRODUCTS REGULATIONS CONTINUED. The provisions of Ordinance No. 2446,
adopted January 15, 1968, as amended, governing the production and sale of milk and milk
products in the city, are hereby expressly saved from repeal, and shall continue in full
force and effect.
15.31 EFFECTIVE DATE OF ORDINANCE. This ordinance shall be in full force and effect upon
its adoption and publication as provided by law, and, at that time, all ordinances and
parts of ordinances in conflict with this ordinance are hereby repealed. Any food service
establishment license heretofore issued shall be valid until May 1, 1976.
15.32 SEVERABILITY OF SECTIONS. 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 AND ADOPTED this day of aLy , 1975.
C�i.lilJ � May
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f Robert J . McCoy
Publisher of the Waterloo pailp , Courier
Fri . , Aug . 15, 1975 original shell stock shipper and kind an
quantity of shelf stock, a daily newspaper printed in the English
22 Wateraoo Courier (e) All milk dispensers, while In use, Hawk
comply with the followin ck Hawk County, Iowa do solemnly swear that
LEGAL specifications :
950• 1 . Surfaces with which milk or milk 2761
ORDINANCE NO. 2761
products
c shallome in contact
free fromaccessibility to manual
N ORDINANCE REPEALING contact, droplet infection, dust or
CHAPTER 15 OF THE MUNICIPAL flies ; provided , however, that the hed In the English language only r6OAMYy
CODE OF WATERLOO, IOWA, IN ITS � deliveryyorifice
s shall be exempt from
ENTIRETY AND ENACTING A NEW this requirement,
CHAPTER ESTABLI SHING 2. All parts of the dispensing device _ _ _ _ _ _ _ consecutive
REGULATIONS AND RESTRICTIONS with which milk comes in contact, - - - - "
or- - - - - - - - - ' - - ' - - -
OF FOOD AND FOOD HANDLERS, including any measuring device, shall
BE IT ORDAINED by the CI y, Council be cleaned and subjected to da of
f aftheCityofWoterloo, Iowo, asfallows - bactericidal treatment at the milk
the - - - - - - - - - - - - - - - - Y - - - - -- - - - - - - - - - - --
Snlc pc 1 . Chapter a of the Waterloo - plant where the some originates only, August 15 , 19 7 5
Municipal Code is hereby repealed in its and no other location,
entirety and the following new chapter is 3. The milk dispensing containers - - - - - - - - - - - - - - - - - - - - - - - - - - -
hereby enacted : shall be filled by mechanical means
Chapter 15 and sealed at the milk plant in a _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ __ _ __ _ _ _ _ of said newspaper, and
FOOD AND FOOD HANDLERS manner subject to the approval of the
15.01 DEFINITIONS. For the 'purpose of Health Authority , - - --
interpretation and enforcement of the 4. The milk dispensing container shall rate of advertising is the regular legal rate Of
Provisions of this Chapter, the following be plainly marked or labeled with the
words , terms , phrases shall name of the contents thereof as and that the following is a correct bill for pub -
deemed to have theefollowing definitions :: defined by the Iowa State Board of
Adulterated Food : That which bears or Health regulations , the name and
contains any poisonous or deleterious address of the processor, and the dote e .
substance in a quantity which may render of delivery to the dispensing /l I
the same injurious to health ; that which establishment. 4 51 . 4 4
bears or contains any added poisonous or 5 . The milk dispenser shall be
deleterious substance for which no safe, - - - - ' -- " ' - - - - - -� -
Installed wherever practical and used
tolerance has been established by only In the serving room of the food
regulation, or which is in excess of such service establishment. Said dispenser
tolerance if such hos been established ; - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - -
shall be located so as to be in full - ` - - - - - - - - - ' - '-_ _ _ _ _ _ _
that which consists in whole or in part of view of the customers of said
any filthy , putrid , or decomposed establishment at all times. {. W
{.
substance ; that which has been processed, (f) Only pasteurized fluid milk and fluid
prepared , packed , or held under milk ,products shall be used or served for and Sworn to before me this _ _ _ _ 15t
unsanitary conditions whereby the some human consumption . Dry milk and milk
may have become contaminated with filth Products may be reconstituted in a foodQ 75
or whereby the same shall have been service establishment if used for cooking S - - - -- - - - - - - - - - - - - -- - - - � ' D• , 1 "
rendered injurious to health ; that which is purposes only. All milk and milk products
in whole or in part the product of a Including fluid milk , other fluid dairy
diseased animal or an animal which has products, and manufactured milk products
died otherwise than by slaughter; or that shall meet the standards of
- -- -- -- -- -
Whose container is composed in whole or established for such productsby
Notary Public
in part of any poisonous or deleterious applicable state and local laws, rules, and
substance which may render the contents regulations,
thereof injurious to health . (g ) All non-acid and low acid food (with
a PH Of more than 4.5 ) hermetically - - - - - - � '
Approved : That which is acceptable to sealed shall have been processed in _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dollars
the Waterloo Department of Health and food-processing establishments wherein
Sanitation, based on its determination as the conditions and methods of re
- -- - - - - - - - - - - - - - - - - - - -
to the conformance with appropriate are subject to official regulationation
standards and good public health practice. surveilance by state or local governmental ation of the above notice .
authorities.
Caterer : Any Person who is engaged in 1 5 . 0 3 FOOD P ROTECTI 0
the preparation, serving, or handling of REQUIREMENTS. The protection of food
food for remuneration at any location in scheduled for human consumption in food
the City of Waterloo other than one for service establishments within the City PublisherB
which a Food Service Permit has been shall meet the following requirements :
issued by the Waterloo Department of ( a ) All food , while being stored . .
Health and Soni7ation in said n..rgnw, nreo,,.ed - ._
CM1. 33
i