[CC 1961 §13.01; Ord. No. 1039, 12-2-1957]
For the purpose of this Chapter certain terms and words are
hereby defined and shall apply in the interpretation and enforcement
of this Chapter:
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 room in which food or drink is prepared or
served.
A restaurant operating for a temporary period in connection
with a fair, carnival, circus, public exhibition, or other similar
gathering.
A restaurant, coffee shop, cafeteria, short order cafe, luncheonette,
tavern, sandwich stand, soda fountain, food vending cart, and all
other eating or drinking establishments, as well as kitchens or other
places in which food or drink is prepared for sale elsewhere.
Any kitchenware, tableware, glassware, cutlery, utensils,
containers, or other equipment with which food or drink comes in contact
during storage, preparation, or serving.
[CC 1961 §13.02; Ord. No. 1039, 12-2-1957; Ord. No.
1764 §1, 2-16-1970]
A.
It
shall be unlawful for any person to operate a restaurant in the City
of Berkeley who does not possess an unrevoked permit from the Health
Inspector. Such permit shall be posted in a conspicuous place. Only
persons who comply with the requirements of this Chapter shall be
entitled to receive and retain such a permit. A person conducting
an itinerant restaurant shall also be required to secure a permit.
Upon compliance with the requirements of this Chapter, the Health
Inspector shall issue a permit upon application to the Health Department
and upon payment of an annual fee of ten dollars ($10.00) for a restaurant
and an annual fee of twenty dollars ($20.00) for an itinerant restaurant.
The said fee shall be paid to the Berkeley Health Inspector, who shall
remit same to the Director of Finance.
B.
Charitable,
benevolent and religious associations and fraternal and non-profit
corporations operating a restaurant or itinerant restaurant are exempted
from payment of any fees but must in every other respect comply fully
with this Chapter.
C.
Such
a permit may be temporarily suspended by the Health Inspector upon
the violation by the holder of any of the terms of this Chapter, or
revoked after an opportunity for a hearing by the Health Inspector
upon serious or repeated violation.
[CC 1961 §13.03; Ord. No. 1039, 12-2-1957]
Every restaurant shall display at all times in a place designated
by the Health Inspector, a notice approved by the Health Inspector
stating the grade of the establishment.
[CC 1961 §13.04; Ord. No. 1039, 12-2-1957]
Samples of food, drink, and other substances may be taken and
examined by the Health Inspector as often as may be necessary for
the detection of unwholesomeness or adulteration. The Health Inspector
may condemn and forbid the sale of, or cause to be removed or destroyed,
any food or drink which is unwholesome or adulterated.
[CC 1961 §13.05; Ord. No. 1039, 12-2-1957]
A.
At
least once every three (3) months the Health Inspector shall inspect
every restaurant located within the City. In case the Health Inspector
discovers the violation of any item of sanitation required for the
grade then held, he/she shall make a second (2nd) inspection after
the lapse of such time as he/she deems necessary for the defect to
be remedied, and the second (2nd) inspection shall be used in determining
compliance with the grade requirements of this Chapter. Any violation
of the same item of this Chapter on such second (2nd) inspection shall
call for immediate degrading or suspension of permit.
B.
One
(1) copy of the inspection report shall be posted by the Health Inspector
upon an inside wall of the restaurant, and said inspection report
shall not be defaced or removed by any person except the Health Inspector.
Another copy of the inspection report shall be filed with the records
of the Health Department.
C.
The
person operating the restaurant shall, upon request of the Health
Inspector, permit access to all parts of the establishment and shall
permit copying of any or all records of food purchased.
[CC 1961 §13.06]
A.
From
and after December, 1957, no restaurant shall be operated within the
City of Berkeley, unless it conforms with the Grade A or Grade B,
or approved itinerant restaurant requirements of this Chapter, provided
that when any restaurant fails to qualify for any of these grades
the Health Inspector is authorized to suspend the permit or in lieu
thereof to degrade the restaurant to Grade C and permit its operation
at this grade during a temporary period not exceeding thirty (30)
days.
B.
Any
restaurant, the grade of which has been lowered and all grade displays
have been changed accordingly, may at any time make application for
regrading.
C.
Within
one (1) week after the receipt of a satisfactory application, accompanied
by a statement signed by the applicant to the effect that the violated
provision or provisions of this Chapter have been conformed with,
the Health Inspector shall make a reinspection, and thereafter as
many additional reinspections as he/she may deem necessary to assure
himself/herself that the applicant is again complying with the higher
grade requirements, and, in case the findings indicate compliance,
shall award the higher grade.
[CC 1961 §13.07; Ord. No. 1039, 12-2-1957; Ord. No.
3238 §1, 3-1-1993]
B.
Sanitation Requirements For Grade A Restaurants. All Grade
A restaurants shall comply with all of the following items of sanitation:
1.
Floors. The floors of all rooms in which food or
drink is stored, prepared, or served, or in which utensils are washed,
shall be of such construction as to be easily cleaned, shall be smooth,
and shall be kept clean and in good repair.
2.
Walls and ceilings. Walls and ceilings of all rooms
shall be kept clean and in good repair. All walls and ceilings of
rooms in which food or drink is stored or prepared shall be finished
in light color. The walls of all rooms in which food or drink is prepared
or utensils are washed shall have a smooth, washable surface up to
the level reached by splash or spray.
3.
Doors and windows. When flies are prevalent, all
openings into the outer air shall be effectively screened and doors
shall be self-closing, unless other effective means are provided to
prevent the entrance of flies.
4.
Lighting. All rooms in which food or drink is stored
or prepared, or in which utensils are washed, shall be well lighted.
5.
Ventilation. All rooms in which food or drink is
stored, prepared, or served, or in which utensils are washed, shall
be well ventilated.
6.
Toilet facilities. Every restaurant shall be provided
with adequate and conveniently located toilet facilities for its employees,
conforming with the ordinances of St. Louis County. In restaurants
hereafter constructed, toilet rooms shall not open directly into any
room in which food, drink, or utensils are handled or stored. The
doors of all toilet rooms shall be self-closing. Toilet rooms shall
be kept in a clean condition, in good repair, and well lighted and
ventilated. Hand-washing signs shall be posted in each toilet room
used by employees.
7.
Water supply. Running water under pressure shall
be easily accessible to all rooms in which food is prepared or utensils
are washed, and the water supply shall be adequate, and of a safe,
sanitary quality.
8.
Lavatory facilities. Adequate and convenient hand-washing
facilities shall be provided, including hot and cold running water,
soap, and approved sanitary towels. The use of a common towel is prohibited.
No employee shall resume work after using the toilet room without
first washing his/her hands with soap and water.
9.
Construction of utensils and equipment. All multi-use
utensils and all show and display cases or windows, counters, shelves,
tables, refrigerating equipment, sinks, and other equipment or utensils
used in connection with the operation of a restaurant shall be so
constructed as to be easily cleaned and shall be kept in good repair.
Utensils containing or plated with cadmium or lead shall not be used;
provided, that solder containing lead may be used for jointing.
10.
Cleaning and bactericidal treatment of utensils and equipment. All equipment, including display cases or windows, counters, shelves,
tables, refrigerators, stoves, hoods and sinks, shall be kept clean
and free from dust, dirt, insects, and other contaminating material.
All cloths used by waiters, chefs, and other employees shall be clean.
Single-service containers shall be used only once. All multi-use eating
and drinking utensils shall be thoroughly cleaned and effectively
subjected to an approved bactericidal process after each usage. All
multi-use utensils used in the preparation or serving of food and
drink shall be thoroughly cleaned and effectively subjected to an
approved bactericidal process immediately following the day's operation.
Drying cloths, if used, shall be clean and shall be used for no other
purpose. No article, polish, or other substance containing any cyanide
preparation or other poisonous material shall be used for the cleansing
or polishing of utensils.
11.
Storage and handling of utensils and equipment. After
bactericidal treatment, utensils shall be stored in a clean, dry place
protected from flies, dust, and other contamination, and shall be
handled in such a manner as to prevent contamination as far as practicable.
Single-service utensils shall be purchased only in sanitary containers,
shall be stored therein in a clean, dry place until used, and shall
be handled in a sanitary manner.
12.
Disposal of wastes. All wastes shall be properly
disposed of, and all garbage and trash shall be kept in suitable receptacles,
in such manner as not to become a nuisance.
13.
Refrigeration. All readily perishable food and drink
shall be kept at or below fifty degrees Fahrenheit (50°F) except
when being prepared or served. Waste water from refrigeration equipment
shall be properly disposed of.
14.
Wholesomeness of food and drink. All food and drink
shall be clean, wholesome, free from spoilage, and so prepared as
to be safe for human consumption. All milk, fluid milk products, ice
cream, and other frozen desserts served shall be from approved sources.
Milk and fluid milk products shall be served in the individual original
containers in which they were received from the distributor or from
a bulk container equipped with an approved dispensing device; provided,
that this requirement shall not apply to cream, which may be served
from the original bottle or from a dispenser approved for such service.
All oysters, clams and mussels shall be from approved sources, and
if shucked shall be kept until used in the containers in which they
were placed at the shucking plant.
15.
Storage, display, and serving of food and drink. All food and drink shall be so stored, displayed, and served as
to be protected from dust, flies, vermin, depredation and pollution
by rodents, unnecessary handling, droplet infection, overhead leakage
and other contamination. No animals or fowl shall be kept or allowed
in any room in which food or drink is prepared or stored. All means
necessary for the elimination of flies, roaches, and rodents shall
be used.
16.
Cleanliness of employees. All employees shall wear
clean outer garments and shall keep their hands clean at all times
while engaged in handling food, drink, utensils, or equipment. Employees
shall not expectorate or use tobacco in any form in rooms in which
food is prepared or when serving the food to the customers. When handling
food, employees shall wear plastic gloves at all times, and shall
not use the plastic gloves that handle food for any other purpose,
such as handling money, etc.
17.
Miscellaneous. The premises of all restaurants 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 clean. Soiled
linens, coats, and aprons shall be kept in containers provided for
this purpose.
C.
Grade B Restaurants. Grade B restaurants are those which
fail to comply with Subparagraphs (1), (2), (4), (5), or (17), but
which conform with all other items of sanitation required for Grade
A restaurants.
D.
Grade C Restaurants. Grade C restaurants are those which
fail to comply with either the Grade A or the Grade B requirements.
E.
Itinerant Restaurants. Itinerant restaurants shall be constructed
and operated in an approved manner.
[CC 1961 §13.08; Ord. No. 1039, 12-2-1957]
A.
No
person who is affected with any disease in a communicable form or
is a carrier of such disease shall work in any restaurant, and no
restaurant shall employ any such person or any person suspected of
being affected with any disease in a communicable form or of being
a carrier of such disease. If the restaurant manager suspects that
any employee has contracted any disease in a communicable form or
has become a carrier of such disease he/she shall notify the Health
Inspector immediately. A placard containing this Section shall be
posted in all toilet rooms.
B.
All
restaurant employees shall have an annual chest x-ray and all new
employees shall have a pre-employment x-ray prior to beginning work,
which shall have been made within the last twelve (12) months.
[CC 1961 §13.09; Ord. No. 1039, 12-2-1957]
A.
When
suspicion arises as to the possibility of transmission of infection
from any restaurant employee, the Health Inspector is authorized to
require any or all of the following measures:
1.
The immediate exclusion of the employee from all restaurants.
2.
The immediate closing of the restaurant concerned until no further
danger of disease outbreak exists, in the opinion of the Health Inspector.
3.
Adequate medical examinations of the employee and of his/her associates,
with such laboratory examinations as may be indicated.
[CC 1961 §13.10; Ord. No. 1039, 12-2-1957]
This Chapter shall be enforced by the Health Inspector in accordance
with the interpretations thereof contained in the U.S. Public Health
Service Code Regulating Eating and Drinking Establishments, most recent
edition, a copy of which shall be kept on file at the City Clerk's
office.
