HomeMy WebLinkAboutORD 712BILL NO.
BY obN GLAISTUJU
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Ut+' l i.rviaL`'lia.
Be it ordo }.rigid by the kayor and Council of the City
of Caldwell, Iuaho as f0j.10ru3
aection 1. Definiti (,>ris. ;'ray; foll.ow�.ng definitions
Shall apply in the interpretation any the enf'orcemerat of this
A. kestaurant Tne terat "restaurant" 'shall mean = `
restaurant, coffee shop, c,areteria, short order care, luncheonette,
tavern, sandwich stand, soda fountain, aY7d all other eating
drilkinR estaolishments, as well. ;;r„ kitchens ,or ether, places in
which food or drink is prepared for sale elsewhere.
B. Itinerent resuaurant. The 'term "itinerant rest-
aurant" shall mean one ni.erauing for a temporary 1.,er od in
connection with a fair, carnival, circus, public exhibition, or
other similar- gathering.
C'. i, The teriv "I shall mean any - person
who handles food or drink during,; preparation or serving, or who
comes in contact with any eating or cooking utensils,. or who is
employed in a roor, in which food or drink is i;reparea or served.
D. Utensils. "Utensils" small include any r>itchenware,
tableware, glassware, cutlery, uteil:.iis, cortairers, or other
equipment with which food or drink' conies in contact during stor
age, prepdraTion, or ser=vinLv-
E. Health Officer. The term "health officer" ,shall
mean the duly appointed .health officer of the City of Caldwell.
or Lis aauthorized. representative.
F Ferson. [he ward J shall mean 1 ,:.
�. �erson,.fir�,
corporat Or association.
Section 2. Fermits. It shall be unlawful for any
person to operate a restaurant in the City of Caldwell who does
not possess an unrevoked permit from the health officer. Such
permit shall be Frosted in ca ,conspicuous elate. Only persons who
comply with the requireme"ts of uh s oruinance shall be entitled
to receive and retain s uch a permit. !i Berson conducting an
itinerant restaurant shall not be required to secure a permit.
iucn a permit may be temporarily suspended by the
health officer upon the violation by the holder of any of the
terms of this 'ordinance, or revoked after an opl ortunity for a
hearing; by the health of'f'icer upon serious or repeated violation.
Action 3. F'lacardi g or public display of grade notice.
Every restaurant shall display at all times in a place designated
by Ke health ofilicer, a notice approved oy the health officer,
stating; the grade of the establishment.
Action 4. Examination and condemLatior of unwhole-
some or tadulterate& food o r drink. Samples of food, drink, and
other substances may be taxen and examined by the health officer
as often as may oe necessary for the detecuion of unwholesomeness
or adulteration. The health officer may condemn and forbid the
sale of, or cause to be removed or destroyed, any ; food or drink
which is unwholesome or adulterated.,
Section 5. inspection of restaurants. At least once
every six months t he health officer shall inspect ever; restaurant
located within the City of Caldwell. In case the h ealth officer
discovers the violation of any item of sanitation, required for
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the grade then yield, he shall _Make 'a second inspection after
tie lapse of s time as Yee deems necessary for the defect to
be remedied, and trig second inspection shall be used in,determ-
ininE compliance with the grade requirements of this ordinance.
Any violation of the same item of this ordinance orl such second
inspection shall call for imr:ediate degrading or of
permit
One copy of the inspection report small be josted by
, ,he Health officer upon an inside wall of the restaurant, and
said in5pectioii report shall not be defaced or removed by any
i
person except the Health officer. Another copy of the inspection
report shall be fil,eci with the records of „the health department.
The person operatirig the restaurant ;hall,upon request .
of the hesltYi officer perrriit access to all, ?arts of the establish-
ment and shall permit coj yiriL any or all records of food purchased.
Section 6. The grading of re*taurant,s. The Erading
oz all restaurants Small be based upon the following standards;
SanitaLiun requirements ,for grade 1t restaurants. rill
Lrade K restaurants shall comply witty all of the following items
of _sanitation.
Item 1. Floors. The floors of all roams in which food
or drink is stoi prepared, ' or servers, or, in wh ich Ltensils are
,rasher;, skull be of such construction as to be eLsily cleaned,
shall be . MOoth, and shall be key cieap aria in c:®od repair.
Item 2. ir;alls and ceil:ines ' Walls and ceilings of
all room ohall be _kept clean and in good repair. till wails and
ceilings of rooms in which food or drink is stored cr prepared
shall be finished iii lid; "rat color. The walls of all rooms in
which fond or drink is prepared or utensils are washed. shall. have
a smooth, washable surface up to the level roache6 by splash or
s pra y .
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4
Item 3. Doors and windows. yihen flies are prevalent,
all openings into the outer air sl,.a;ll be effectively screened
and dour` shall be self - closing;, gnlew other e.f fect,ive m mass
are provided to prevent the entrance A slues.
Item 4. LiNhting;. All rooms in which food or drink
A ;stored or prepared or is wf,jich utensils are wasle d shall be
well lighted.'
Item y Ventilation. All rooms in whi food or drink
is stored, prepared, or served, or in which utensils are washed,
shall be well ventilated.
Item 0. Toilet f'aciAtIbs. .;very restaurant shall be
provided with adequate and cory enienQ located toilet facilities'
for its e mployees, conforming with tyre ordin anew of the City of
n
Cald�rell.' in restaur nex °e:a�.Ler corystructod, toilet rooms,
shall not open directly into-any roo ,in wrath food, drink, or
utensils are handled or storedl the door: of all toilet rooms
shall be golf-clohing. '1'oa.let; roods shall be kept; in a clean
condition, in good repair, and well lighted and ventilated.. hand -,
washin signs shall be posted in each toilet room uned by employees
In case privi or earth closets a- -e fermi tied and used, they small
be separate from the restaurat building, and shall be of a sacs
itury tya=:e constructed and of. bhat in conformity with the sGandard.s
of the ;Mate Bogar of health.
Item 7. Ater supply. harming water Ula, er° { re; sur °.
shall be easily aec;es ible to all rooakw in which ford i s pr
or utensils are Washed, and he water supply shall be adequate,
and of a :gal's, sanitar qlU ality. .
item 8. Lavatory lacti sties. a:a_e u,aLo aria c'.onvinient
'stand -washing, Pacili_ ties vhaii .ate ;.royid.Qd, inclusiLz hot and cold
1-r_
rutraa.ttw grater, soul), a sar. _tar, t,oviel- . i'k2e +use of
:.8, CCiTC1IkOfi trowel is r "ro��l. b�t`eC,l • t'� +C) ez,q l o;,. cC e :il:iL.a.i. r°e"slureie work i:+.l ter .
3 rIT e Loilet ["oolt] v!asiklii1p is, 1- if,ds.
Gon tructi { >rA ' u t ensi ls -and equipr� ie:`rt . 4
!1- 1ti - USO l:t T.msil - 3. Land all. show and d+_- rlav C?^,�efs or it *indc) S,
rr',' r or , shelves tables 2"efr p,;,b "e9tw.ritg eC7 Siliks, an
r�rther equi, me n t or l:tF?Y'sils 1.1.;3E >'i in connection lvTith ''ul'le ok'er':;.t,iC7r3
of a restauran. shall be so corlFit1"'l.acte ,,tz to be easily cleared
ed
a1"a.C7 shall 'rye kel "t in -ood r r e'p ir. btE'hsj Contuiriir.L or lllc;ted
with cadr:2iun or ! Ue LI sricill not 0 T,d r:,`G.: 3 r Ovid -od, t,ha¢i `C51S:1P,r
coat ;,.inim: i ea d fzli, f lie l`t4i 'C7 for � .jo t ,
i
lteff 10. Cleaning, and acten cidal tr'e Itmerlt of 21tensila
Laical eC,'uil riieut . i:ll eClitl l,`t lE I,iC , 1.Y ?a". aiding dis .J.ay ca :,es or d-n {iows,
counters, shelves, i)l C ,, r'E �T 1':�' <7Y �, SSG "�` , Y1C ods, an
Sinks, shall be Kel t cl.C and. free $rc)n, rlust, dirt, insects, and
oU. er coCitar.tii,&:lrgr rtic,iteria . Ali clotI)s t%sed Ow w iuers, chefs,
and o0ier em- loyees be clear. alr i" , ie�- service Cont`:air2e:rs
513all Ue. USe; . only once
rl_�.l 'Trd.Lll "ul -L :7e E,':At Clr lnkL., n'l. ut�.nsi is shi 'be
thoroly -1-1wr cic >rined and ef r subjecLed to an approved bac
terici.da.1. i rocees after each usa> e. sill multi - use l utensils used
t1
ie preparation or servl,n 9 of foo awl drink sl all due tt,orou-l'2:1 y
cle- tied and effecUvely auojected to an apFrrovec_ bacteri
�`rocebs iri mediately folios ^rl °ir tl - ie , ' day's o�'erat].un. Drying cloths,
if U'Stt'd, shall be clean: and shall be Use -J. for no other k`'urpose.
'Co article, polish, or other sui,st cor<t- in,ing any
cyanide pre;;ar•ation` or ot22e.r` poisonora3 material shall be used for
the clesansirig or polishing of utensils .
Item 11.,_ Storage and Y',<;tn liri ; of utensils aria cclaipment.
iafter bacteri.cidal treatment' utensils shall be stored in a clears,
dry _piece protected from flies, cwu3t, and'atx.er contamination, and
shall be handled in such a manner as to prevent contamination as
far as prK:cticable;. 3ir.x�le- service utensils shall be - purchased
only in sanitary container's shall be store`: therein ill a Clean,
dxy place until used, and shall be handled in a sanitary manner.
Tterri 12. Disposal of wa ste„ all wastes shall be prop-
erl)y disposed of, and all garbage and trash shall eye kept in suit
aYl.1e recepLacles, in such manner as not to Lecome a, nuisance.
lserri 13 , , LtefiwiLerat;ic)n. All readily perishable food
and drink small cue kef:t at or° oalow 5(�O F. e)cept when oeing pre-
pared or served. waste . water frorn ref rigerKt ion equi f nternt shall
oe pro erl_y di sposed of.
It ein w 1 -mess of food and drink. Ail food and
drii►x shail be clean, wholesome, fret; from spoilage, an('.. so pre -
pared as to be safe for human consumption. All milk, fluid milk
products, ice creaz , and other frozen desserts served shall be from
approved sources. Plilk and fluid milk r:roducts shall be served. in
the indivi dual original containers in which they were received from
the distributor or from a bulk container equipped with an approved
dispensing device: Provided, That this requirernent shall not apply
to cream, i may be served from the original bottle or from a
dispenser approved for such oervice. .ill oysters, clams, and mussels
,shall be from aEproved sources, and. if shucked, shall be kept until
uses in the containers, in whir;h they Yaere placed at the shucki7iE
plant.
Item ly. StUrage, display, and sea_vinp of food and drip .
Ail food and drink small be so stored, displayed, and served a, to b�
,protected from, dust flies, vermin, dej:reda-tion and pollution by
rodents, unnecessary hardline;, droplet inf "ection, overhead leakage,
and other cjntarA it atiorj . No arnimals or fowls shall be kept or allowed
in any room in which food. or drink is pr°eparled or stored. Ali means
necessary for the elimination Of flies, reaches and rodents shall be
Used.
Item 16. Cleanliness of employees. All employees
shall wear clean Tauter garments and shy Lll keep; their hands clean
a ling food, drink, utensils, or
at all Lir..es while engaged ir. liana
equipment. Epployees shall not exp ytorate Q use tobacco in
any form iza rooms in which food is prepared.
Item ll. Miscellaneous. The premises of all rest -
aurants shall be kept clean and free of litter or rubbish. None
of the operations connected with a restaurant shall be conducted
in any room used as living or sleeping quarters. , Adequate lockers
or dressing; rooms shall be provided for employees' clothing and
shall be kept clears. Coaled 'linens, coats, and aprons shall be
kept in containers provided for this purpose.
Graeae 3. reitaurants. Grade B. restaurants are tnose
which fail to comply with item 1, 2, 4, 5, or 17, but which con
form with all other items of sanitation required for grade A
restaurants.
arate C restaurants, Grade C restaurants are those
which fail to comply with either the graue tl or the grade 13
requirements,
itinerant restaurants. Itinerant restaurants shall be
constructed and Operated in an approved manner.
election r. Grades of restaurants winch way operate.
From, and after six months from the date on which .this ordinance
takes effect no restaurant shall de operated within the City of
C aldwell, or its police ,jurisdiction, uniess' it conforms with the
grade A, or grade 8, or approved itinerant restaurant, requirements
of this ordinance; Provided, That when any restaurant fails to
qualify for any of these grades the health officer is authorized
to suspend the permit or in lieu `t hereof to degrade the restaurant
and permit it,soperdtion,.du.ring a temporary period not exceeding
thirty days.
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:erection k Reinstatement of Armit ; supplementary
regrading. Any restaurant, the grade of which has been lowered
and all grade displays have been changed acco.rdinEly, or, the
per6it of which has been suspended may at any time make appllda.tlonr
for regrading or the reinstatment of the permit.
Jithin one week after the receipt of a satisfa6otry
application, accompanied by a statement: signed by the Applicant
to the effect: that the violated provision or provisions Of this
ordinance have been conformed with, the health officer shall lake
a reinspec and the reafter as many additional .reihspections
as t e may deem necessary to assure himself that the applicant is
again complyinL with-the e higher grade requirements, and, it case
he findiu s indicate compliance, shall ; award the A.,Fher grade or
r,eirzstate.,the permit.,
Sectio n 9. Disease control4 loo perstin who is affected
with any disease in .a coinmunic form or is a carrier of such
disease stall work in any res�aurart and no restaurant shall
employ any such ppr yon or any persona suspected of being affected
with any disease in a communicable, form or of being a carrier of
such disease,. if the restaurant manager suspects thit 'any employee
has contacted any disease in a communa.nable force or has become a
a carrier of such disease he shall not fy the hedt<h officer immaed-
iately. A placard containing this section shall be rostea in all
toint rooms.
:section 11.x. Procedure when infection suspected. `:hen
suspicion arises as to the possibility' Of transmission of infection
from any restaurant employee 'the health officer is authorized, to
require any or all of the following me asures (1) the .immediate
exclusion of the employee from all restaurants; (2) the immediate
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closing of the restaurant concerned unUi.i no fixrther, danger of
disease outbreak exists, in: the ol.Anion of tale health affi.ce;rs
(3) adequate medical exafllirratlons of the employee arid of his
associates , with such laboratory exarni as day be indicat
.ed.
Section ll. i,nforcer, interpretation. Yiis ordinance
shall oe enforced by tY.e; kiealD. - h off icer in accordance with the
interFr•etations thereof contained in the 1� G.3 edition of the
i,ublic he&luh Service Code ating and Drinking �stab-
lishments, a certified copy of w. icli shall be on 'file at the
City Clerk's office.
Sect -ion 12. i eraalt_.ies Any ;r.er'son who shall violate
any p—ovision. of thi.s ord sha11 be .fined riot more than
X10 .00 or sixty a.ays in ,ail at tLe discretion of the court. i✓ach
aria every violation of the provisions of, tliis ordinance shall
constitute a sel offense.
Section 13. i epeal of ri date of ef2ecc. All ordinances
and -%, arty of ord'Mances in conflict with unis urc iryance are hereby
repealed, ^rid this ordinance snall be i n fuel force and effect
immediately ul:.on its adoption ano its public:a.tion as rrovided by
law
`iection 14. Gnconstitutio. clause. Should any
section, p rarraph, sentence, clause, or phrase of Ubis ordinance
be declared unconstitutional or invalid for any reaaan, the
remainder uf: said ordir aiice shall not be ai s:'ected tk,.ar ;by.
E163ED By the Council this clay of l °4.7.
Al x itUL i By the Mayor thi y of
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