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HomeMy WebLinkAboutORD 15-M,Ah U1�1J11�ANliL ENTITLED AN ORDINANCE DEFINING A FOOD PRODUCTS ESTABLISHMENT, A RESTAURANT, A SHORT ORDER CAFE, A CAFETERIA, A LUNCHEONETTE, A SANDWICH STAND, AN EMPLOYEE AND THE DIRECTOR OF SANITATION; PROVIDING THAT ALL PERSONS, FIRMS AND CORPORATIONS IN THE CITY OF BEAU KONT OPERATING AN EATING ESTABLISHMENT PRO- CURE A LICENSE FROM THE DIRECTOR OF SANITATION, AND THAT SAID LICENSE BE IMMEDIATELY DISPLAYED IN SUCH PLACE; PROVIDING FOR PROPER INSPECTION OF THE PREM+.iISES BY THE DIRECTOR OF SANITATION BEFORE THE ISSUANCE OF A LICENSE; PROVIDING CERTAIN REGULATIONS AS TO THE KITCHEN OF A FOOD ESTABLISHMENT WITH RESPECT TO LIGHT, VENTILATION AND CLEANLINESS, AND THAT SUCH KITCHEN SHALL BE EQUIPPED WITH HOT AND COLD RUNNING WATER, SCREEN DOORS AND PRESCRIBING THE METHOD OF DISPOSAL OF LIQUID WASTE; REQUIRING SEPARATE TOILETS FOR MALE AND FETALE EMPLOYEES, AND PRESCRIBING RULES AND REGULATIONS WITH REFERENCE TO SUCH TOILETS AND LAVATORIES AND THE USE THEREOF IN CONNECTION WITH EMPLOYEES; REQUIRING,LOCKER ROOMS AND PROVIDING RULES AND REGULATIONS IN CONNECTION THEREWITH; PROVIDING FOR PANTRY AND STORAGE ROOMS; PROVIDING FOR CERTAIN EQUIPMEN^1 IAT CONNECTION WITH PREPARATION OF FOOD AND STORING OF DISHES AND SIMILAR EQUIPMENT; PROVIDING FOR DISPOSAL OF GARBAGE AND PRESCRIBING CERTAIN RULES AND REGULATIONS WITH REFERENCE TO THE HANDLING THEREOF; PROVIDING RULES AND REGULATIONS FOR DINING ROOMS WHERE FOOD IS SERVED WITH REFERENCE TO VENTILATION, SANITATION AND CLEANLINESS; PROVIDING FOR RULES AND EEGULATIONS WITH REFERENCE TO EMPLOYEES SERVING FOOD IF DINI=NG ROOMS; PROVIDING FOR STERILIZATION OF DISHES AND OTHER COOKING UTENSILS AND MODE AND MANNER OF WASHING THE SAME; PROVIDING FOR THE CLASSIFICATION OF THE VARIOUS EATING ESTABLISHMENTS IN THE CITY OF BEAUThIONT TOGETHER WITH THE METHOD AND MANNER OF SUCH CLASSIFICATION, AND THE REQUIREMENTS OF THE EATING ESTABLISHMENTS IN EACH CLASS; PROVIDING FOR LICENSE FEES AND THE MANNER OF COMPUTING THE SAME; PROVIDING THAT CERTAIN PERSONS EMPLOYED IN FOOD ESTABLISHMENTS PROCURE HEALTH CERTIFICATES TOGETHER WITH THE MANNER AND REQUIREMENTS OF SUCH CERTIFICATES; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING THAT THE DIRECTOR OF SANITATION MAY REVOKE LICENSES ISSUED HEREUNDER UNDER CERTAIN CONDITIONS AND PROVIDING FOR AN APPEAL TO THE CITY COI''MISSION; PROVIDING THAT IF A PORTION HEREOF BE HELD INVALID IT SHALL NOT AFFECT THE OTHER PORTIONS OF THIS ORDINANCE AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BEAUMONT: DEFINITIONS. A Food Products Establishment is hereby defined as an eating establishment where food of any kind is pre- pared for sale or sold for public consumption on the pre- mises and shall be taken to mean Restaurants, Cafes, Cafe- terias, Luncheonettes, Hotel Dining Rooms, Soft Drink Stands and Hamburger Stands. A Restaurant is an eating establishment where food is prepared and served to patrons at tables and counters or at tables only. A Short Order Cafe is an eating establishment where food is prepared and served to patrons at a counter. A Cafeteria is an eating place where food is prepared and on display and is served directly to patrons as selected, patrons serving themselves entirely or in part. Luncheonette is an eating establishment in which a limited variety of food is prepared and served directly from hot or chilled containers to patrons at a counter. Sandwich Stand is an eating establishment at which such type of food as sandwiches, "hamburgers", "barbecue", "coney islands", "hot dogs", and "frank- furters11, etc. form a majority of the food served. An Employee is a person who handles food during the course of its preparation or service, or who comes in contact with the compartments, units or dishes in which it is stored, prepared or served. This is intended to include the proprietor or any member of his family, who occasionally or incidentally acts in the capacity of a bona fide employee. Director of Sanitation shall be taken to mean the Director of Sanitation of the City of Beaumont in person, or his authorized representative. - 2 - LICENSE: It shall be unlawful for any person, firm or corporation to operate an eating establishment in the City of Beaumont, who does not possess an unrevoked license from the Director of Sanitation, and in whose place of business - such license is not posted in a conspicuous place. This section shall apply to temporary or itinerant, as well as to permanently established places of business. Such licenses shall be furnished by the Director of Sanitation upon written application by the owner or operator of the eating establishment when and not before - the Director of Sanitation has satisfied himself that at least the minimum requirements of this ordinance have been complied with, and the applicant has paid the stipu-- lated fee to the City Tax Collector as hereinafter pro- vided. The written application for a license shall state the name and residence of the applicant, if an individual, or of all members of the firm, if an associa- tion or partnership, the name and residence of the applicant, its officers and directors, if a corporation, the location and description of the premises where such food products establishment is to be maintained and list of the names of all employees of said establishment. After a license has been issued and the applicant has operated his establishment for a period of seven (7) days, the Director of Sanitation shall re -inspect the premises and score the establishment,.both as to equipment and methods employed. The proper grade shall then be assigned and a Sanitary Record Card then to be issued, and shall be inimediately'displayed in such place as the Director of Sanitation may designate. It shall be a violation of -this ordinance to remove, alter, deface, 3 - direction of the Director of Sanitation. It shall further- more be a violation of this ordinance if a food products establishment fails to notify the Director of Sanitation within twenty-four (24) hours of any alteration, removal, defacement or destruction of its Sanitary Record Card. The Sanitary Record Card and license shall be enclosed in a substantial frame provided with a glass front, and removable back, and size to be designated by the Director of Sanitation, said Sanitary Record Card, the frame, glass and back shall be provided at the expense of the Health Department of the City of Beaumont. Such a license may be revoked by the Director of Sanitation upon the violation by the holder of any of the terms of this or any other Health Ordinance of the City of Beaumont, provided that the holder of said revoked license shall have the right of appeal to the City Commission of the City of Beaumont as hereinafter provided. SECTION 3. KITCHEN: (A) A kitchen or .place where food is prepared shall_ be separate from dining room, and no food shall be served to patrons in any part of the kitchen. (B) Natural and artificial light in the kitchen shall be sufficient and adequate for all purposes of cooking and scullery work, and for the avoidance of deep shadows. (C) Ventilation must be sufficient to remove any and all gas, smoke, fumes or odors. (D) Well constructed metal hoods shall be installed - 4 - (E) Walls, ceilings and floors in every i�cizcnen, pantry and storage room must be kept clean and in good condition at all times. (F) The walls and ceilings must be smooth and built of a light colored tile, or other impervious material, painted with a light colored paint. The floor of the kitchen must be constructed of an impervious material and be whole and sound and shall be properly drained. (G) The kitchen shall be equipped with hot and cold running water. (H) All liquid waste shall be disposed of in accord- ance with the Plumbing Code of the City of Beaumont, or, when outside of a sewer district, in a manner approved by the Director of Sanitation. (I) The doors, windows and any other openings to the - exterior shall be adequately screened with wire screen not coarser than 16 meshes to the inch. (J) Screen doors shall be equipped with self-closing devices, and shall open outward. (K) No cats or dogs or other domestic animals shall,- be permitted in the kitchen or storage rooms. TOILET AND HAND WASHING FACILITIES: (A) Separate toilets must be provided for the male and female employees; said toilets to be convenient of access and shall conform -to the specifications of the laws of the State of Texas and ordinances and Sanitary Codes of the City of Beaumont. (B) Toilets shall not open directly into the kitchen or into any room in which food is prepared, stored or served. (C) Every toilet room and toilet compartment must be well lighted at all times and must be well ventilated and rooms must be in good repair at all times and in clean condition. (E) A plainly printed sign shall be posted in the toilet directing employees in the food products establish- ment to thoroughly wash their hands before resuming work, after having used the facilities provided in the toilet. (F) Hand washing -facilities must be provided in or near the toilet. These facilities shall not be used for washing vegetables, utensils or dishes. i (G) Soap must be furnished employees for washing hands, and must be available where hand washing facilities are provided, and all employees shall wash their hands with clean water and soap before beginning work, after using toilets, and at other times when necessary. (H) Paper towels shall be provided for in all wash , rooms and at or near other places where hand washing facilities exist., SECTION 4. LOCKER ROOM: (A) Employees must change outer garments worn on the streets, when reporting for work. (B) A locker room on space separate from the kitchen shall be provided for the use of employees in changing from their street clothes, and all street clothes are to remain in said locker room. (C) The locker room shall not be used for the preparation or storage of food. , (D) All employees handling food must wear caps or headbands. - 6 - All supplies shall be stored in a room or space separate from that in which food is prepared. SECTION 6. EQUIPMENT: (A) Surfaces upon which food is prepared or served or washed shall be impervious to liquids. (B) Dish cupboards shall be provided for the storage of dishes, plates, cups and saucers, between uses. SECTION 7. DISPOSAL OF GARBAGE: (A) All garbage or kitchen refuse must be kept•in water tight metal vessels provided with close fitting metal covers of a capacity each of not less than five ,(5) gallons, nor more than twenty (2 0) gallons. (B) Dry rubbish and miscellaneous wastes must/be kept in containers of substantial construction provided with close fitting covers of a capacity of not less than fifteen (15) gallons, nor more than thirty (30) gallons. (C) Sufficient garbage and rubbish vessels must be provided to take care of the peak garbage and rubbish out -put. (D) All garbage and rubbish must be deposited in garbage and rubbish vessels immediately after same is - produced. (E) No garbage shall be deposited in rubbish vessels and no rubbish shall be deposited in garbage vessels. (F) All garbage and refuse vessels shall be dis- infected daily with a solution satisfactory to the Director of Sanitation. - 7 - (A) The dining room shall be housed in a building of permanent construction. (B) The floors, walls and ceilings shall be of tight sound material, consistingo m et f a1, tile, concrete, or other impervious material. (C) All openings to the exterior shall be well screened with screen wire of not more than 16 meshes to the inch. Screen doors shall open outwards and must be Provided with self-closing devices, and these must be kept in good working order. (D) The dining room shall be a room in which the. principal function shall be the serving of prepared foods to patrons to be consumed on the premises. (E) No door or exit from the dining -room shall open directly into living or sleeping quarters. (F) The dining room must be kept free of flies, mosquitoes and all insects, vermin and rodents. (G) All foods displayed in the dining room shall be kept in cases°protected from dust, flies, insects and ro- dents. (H) Dining rooms shall not be swept or dusted while food is being served, nor so swept or dusted that dust may settle on food or beverages. Dry sweeping is forbidden. (I) Counter and table tops on which foods are prepared or served shall be impervious to liquids. (J) Underpads and tablecloths when used, must be kept clean and sanitary. (K) Cloth napkins shall be used only once before being re -laundered. (L) The use of cracked glasses, cups, plates and other crockery is forbidden. clean. (N,) Cupboards shall be provided for the storage of dishes, plates, cups, saucers, glassware, silverware and other utensils between uses. (0) Dirty dishes and utensils must be carried from the dining room in trays or other devices having non-leakable bottoms. (P) Paper vessels may be used in place of glassware, porcelain cups, plates, etc., in the serving of food, but such paper vessels shall be used only once and then dis- posed of in a sanitary manner. (Q) All paper vessels and straws furnished to patrons shall be kept in covered dust and fly -proof containers. (R) Employees and proprietors shall not use tobacco while occupied in preparing or serving food. (S) Cracked ice shall be handled only with a suitable scoop or utensil and not with the hands. (T) Butter, after having been prepared for service to patrons, shall not be handled with the hands, but with suitable utensils. (U) Food which has been partly used by a patron shall not be re -used or re -sold. This provision, however, -shall not be intended to cover the use of condiments or other seasonings in separate containers, which may be used by more than one person. (V) Milk shall be served from the original containers. (W) Storage of bottled, canned beverages and foods shall not be submerged in water or brine in compartments or cold storage cabinets unless such brine contains not less than 50 parts per million of free or residual chlorine. - 9 - STERILIZATION OF DISHES AND UTENSILS: (A) WASHING BY HAND: 1. An adequate amount of soap or other detergent sufficient to remove grease shall be used. 2. The temperature of the soapy wash water shall be at least 110 degrees F. 3. The soapy wash water shall be changed at frequent intervals and at no time shall it have a bacteriological count in excess of 50,000 organisms per c. c., nor shall it have in suspension gross food particles. 4. After the eating and drinking utensils, dishes and table ware and kitchen utensils have been washed, they shall then be placed in either a disinfectant tank of water or given a chlorine bath. a. The disinfectant tank of water shall be of a temperature of not less than 170 degrees F. and dishes and utensils shall remain in the disinfectant water for a period of not less than one minute. b. Chlorine Bath: Chlorine.content of the solution must be between 50 and 200 parts per million and the solution shall be maintained at a warm temperature and washed utensils and dishes shall remain in the chlorine bath for a period of not less than five minutes. (B) WASHING BY MACHINE: 1. The temperature of the soapy water and the rinse water shall not be less than 170 degrees F. 2. An adequate amount of soap or detergent suffi- cient to remove grease shall be used. 3. The dishes and utensils shall be thoroughly rinsed in fresh clean water. - '10 - after being sterilized, only clean sanitary cloths shall be used. SECTION 10. CLASSIFICATION AND GRADES: (A) Grade "A" Restaurants shall conform with all specifications outlined in this ordinance. (B) The score of Grade "A" Restaurants as found by using the official score card of the Health Department, shall be not less than 90. (C) Grade "B" Restaurants shall conform with specifications of Grade "A" Restaurants with the exception of the following:. 1. The change of atmosphere in the kitchen shall be sufficiently frequent and rapid to avoid the accumulation of smoke, fumes or odors. 2. All supplies shall be stored in a manner insuring their proper protection from contamination, in a space separated from that in which food_is prepared. 3. Dirty dishes andv4tensils must be carried from the dining room in trays or other devices having non-leakable bottoms. 4. Bottled and canned beverages and foods shall not be submerged in water or brine in compartments in refrigerators or cold storage cabinets, unless such brine or water contains at least 50 parts per million of free or residual chlorine. (D) Grade "B" Restaurants scores shall be not less than 80. (E) Grade "C" Restaurants shall conform to all specifications of Grade t'B" Restaurants, except as follows: 1. The floor of the kitchen shall be con- structed of impervious material and shall be whole and sound, shall be properly drained and shall be kept clean. 2. Each food products establishment shall provide a sufficient number of garbage and establishment or employee thereof to deposit in any vessel or vessels used for garbage any rubbish or miscellaneous wastes, or to deposit in any vessels used for rubbish and miscellaneous wastes, any garbage. The dining room must be kept free of flies, mosquitoes, insects, vermin and rodents. Dining rooms shall not be swept or dusted while food is being served, nor so swept or dusted that dust may settle on food or beverages. Dry sweeping is forbidden. (F) The score of Grade "C" Restaurants shall be not less than '70. SHORT ORDER CAFES: Short Order Cafes shall be divided into three grades or classifications, "At', "B", and "C". The specifications and numerical scores for the three grades shall be identical with the specifications and numerical scores for the three grades of Restaurants, except that food may be prepared in the room or space in which it is served. CAFETERIAS: Cafeterias shall be divided into three grades or classifications, "A", "B", and "C". The specifications and numerical scores for the three grades of Cafeterias shall be identical with the three grades of Restaurants. LUNCHEONETTES: Luncheonettes shall be divided into three grades or classifications, "At', "Brr, and "C' 1., and 'the specifications and numerical scores for the housing, kitchen, surroundings and employees for the three grades of Luncheonettes shall be identical with the specifications and numerical scores for the three grades of Restaurants$ except that the hand washing of dishes and utensils, - 12 - SANDWICH STANDS: For the purpose of this ordinance the term or definition -of Sandwich Stands shall include lunch counters at taverns or saloons. Sandwich Stands shall be divided into three grades or classifications, "A", "B" and 'IC11. (A) Grade "A" Sandwich Stands shall comply with the following specifications: 1. The space in which it is housed shall be of permanent construction and shall have whole, sound floors of wood or more permanent construction and shall be such as to afford protection from rain. 2. The natural and artificial lighting shall be sufficient and adequate for all purposes of cooking, serving and eating and drinking of the food sold therein.' 3. All interior surfaces shall be painted with light colored paint at least once every year and shall be kept clean and sanitary at all times. 4. An ample supply of hot and cold running water shall be available for all needs. 5. All establishments shall be equipped with a sink. Waste disposal shall conform in all respects to the ordinances of the City of Beaumont. 6. Separate toilet facilities shall be provided for male and female employees. 7. Toilets shall not open directly into any part of the Sandwich Stand. 8. Hand washing facilities shall be provided. 9. Soap and individual towels shall be provided at or near the hand washing facilities. 10. Table tops and work boards on which food is prepared or served, must be impervious to liquids. Dishes and utensils must be sterilized, as provided in Section 9 of this ordinance. 11. Properly constructed and vented hoods must be installed over hot plates, waffle irons and stoves. 12. Adequate refrigeration--shall'be maintained so as to prevent spoilage of food stuffs. 13. Bottled and canned beverages shall not - 13 - 14. Raw and unwrapped.foods shall be protected from contamination by dust, flies, vermin or unnecessary contact. 15. All stationary surfaces, soda fountains and interior of ice boxes and storage places, cooking surfaces and ware and service imple- ments and ware shall be clean. 16. There shall be Freedom from vermin and rodents, that'is, rats, mice, roaches and flies. 17. No part of the stand nor any opening directly into it, shall be used for sleeping and domestic purposes. 18. Garbage shall be disposed of in a manner identical as that specified under Section 7 of this ordinance. 19. The establishment and premises shall be entirely free of unnecessary rubbish, such as papers, empty containers, etc. 20. All employees, while on duty, shall wear clean outer garments and shall wear caps or head bands; when handling, preparing or serving food, all employees shall have clean hands and persons. y 21. The use of tobacco by proprietors and employees while occupied in the preparation or serving of food is forbidden. Grade "A" Sandwich Stands must score not less than 85,according to the official score card of the Health Department. (B) Grade "B" Sandwich,,Stands must comply with all provisions outlined for Grade "A" Sandwich Stands and must score not less than 75 on the official\ score card of the Health Department. (C) Grade "C" Sandwich Stands must score not less than 65 according to the official score card of the Health Department. LICENSE FEE: SECTION 11. Upon approval of the application as filed with the Director of Sanitation, and after the applicant has - 14 - hereinafter specified, the Director of Sanitation shall issue to the applicant a license or permit. The amount of the license shall be deterinined as follows: In establishments having from One (1) to Ten (10) stools or chairs,.0.009..8010.00 In establishments having from Eleven (11) to Twenty (20) stools or ehairs..$15.00 In establishments having from Twenty-one (21) to Thirty (30) chairs or stools..$20.00 In establishments having from Thirty one (31) to Fifty (50) stools or chairs.............................525.00 In establishments having over Fifty (50) stools or chairs......9.9.9630.00 i In establishments having no stools or chairs ......................510.00 1 j The annual license fee shall be chargeable on i all licenses issued after January 1st up to and including July 31st of each year, and one-half the annual fee for j license issued after August 1st and through December 31st of each year; all licenses shall expire on December 31st of each year. It shall not be necessary for any person, firm or corporation operating temporary eating places or i drinking establishments in connection with school or church socials or other similar affairs, to procure a license.as herein provided, but the other provisions herein where applicable shall be binding upon such establishments. SECTION 12. HEALTH CERTIFICATE: Every person in a food products establishment whose work brings him or her in contact with the production, - 15 - shall hold a certificate from the City Health Officer certifying to the fact that the said person has thereto- fore within six (6) months filed with the Health Officers a certificate signed by a legally licensed physician resid- ing in Jefferson County and registered to practice therein, stating that the said person has been physically examined by him and that the said person does not have a venereal disease in a communicable stage and that said person does not have tuberculosis of an active type Which would be considered dangerous to public health and that said person is free from acute exanthemata or acute infectious or con- tagious skin diseases or any other infectious or contagious diseases considered dangerous to public health by the examining physician' and stating further that a Wassermann test has been executed by a -laboratory operating in the City of Beaumont whose proficiency in mbLking tests required for public health paziposes shall have been proven to the satisfaction of the Health Officer. Such.certificate shall be furnished free of charge by the City Health Officer. PENALTIES: SECTION 13. Every person, firm or corporation violating any provision of this ordinance shall, upon conviction thereof, be fined any sum not less than Five ($5.00) Dollars, nor more than One Hundred ($100.00) Dollars; and providing further that any individual, firm or corporation who shall be convicted for a second offense under the provision of this ordinance, shall be fined a sum not less than Twenty- five (025.00) Dollars, nor more than Two Hundred (200.00) Dollars; providing further where, for any offense under - 16 - Y1.VV.L v -J, State law shall be the penalty for such violation prescribed by this ordinance; providing further that should such viola- tion constitute a continuing nuisance, the Director of Sani� tation may revoke any permit or license issued, after giving five (5) days notice in writing to the holder of the permit or license. SECTI01l 14. RIGHT OF APPI�AL- Should the Director of Sanitation refuse or fail to issue to an applicant any permit or license or should the Director of Sanitation revoke any permit or "license issued, the applicant or the holder of skid revoked permit or license shall have the right to appeal to the City Commission of the City of Beaumont within ten (10) days from the date of the refusal of the Director of Sanitation to issue such permit or license or within ten (10) days from the date of the revocation of any permit or license and said appeal shall be perfected by mailing a registered letter addressed to the City Commission of the City of Beaumont stating that an appeal from the ruling -and order of the Director of Sanitation is desired. If an appeal from such a decision of the Director of Sanitation is perfected as herein provided, the said decision of said officer shall not be suspended until passed upon by the City Commission of the City of Beaumont. Upon receiving said notice of appeal, the City Commission, as soon as practicable thereafter, shall hear such appeal and shb.11 either sustain' modify or reverse the decision of the Director of Sanitation, and shall forthwith certify its decision to said officer and to the applicant or holder -17-9 of the revoked permit or license. li,'t 1 4R+r . If no appeal is taken from said decision of the Director of Sanitation, as pro- vided herein, the said decision of the Director of Sanita- tion shall be final. SECTION 15. If any section or provision of any section of this ordinance be held to be void, ineffective or uncon- stitutional, the holding of such section or provision of any such section to be void, ineffective or unconstitutional, for any cause whatever, shall not affect the validity of the remaining sections and provisions of this ordinance. SECTION 16. All ordinances or parts of ordinances in conflict herewith shall be and hereby are expressly repealed. PASSED by the City Commission of the City of Beaumont, this the �'�`'� day of� A. D.2 1939. 57 r MAYOR -