City of Washington, PA
Washington County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the City of Washington as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-13-1982 by Ord. No. 1294 (Ch. 13, Part 5, of the 1986 Code of Ordinances)]
[Amended 5-24-1984 by Ord. No. 1332]
The following definitions shall apply in the interpretation and enforcement of this article:
EMPLOYEE
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.
FOOD
Includes all articles used for food, drink, confectionery or condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof.
HEALTH OFFICER
The Director of the Department of Public Health of the City of Washington or his authorized representative.
ITINERANT RESTAURANT
One operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.
PERSON
Includes any person, firm, partnership, corporation or association.
RESTAURANT
Includes restaurants, coffee shop, cafeteria, delicatessen, caterer, tavern, sandwich stand, drugstore, soda fountain, temporary or itinerant stand and other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale or to be given to the public.
UTENSILS
Includes any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation or serving.
A. 
It shall be unlawful for any person to operate a restaurant in the City of Washington who does not possess an unrevoked permit from the Health Officer. Such permit shall be posted in a conspicuous place. Only persons who comply with the requirements of this article shall be entitled to receive and retain such a permit. A person conducting an itinerant restaurant shall also be required to secure a permit.
B. 
Such a permit may be temporarily suspended by the Health Officer upon the violation by the holder of any of the terms of this article or revoked after an opportunity for a hearing by the Health Officer upon serious or repeated violation.
[Amended 5-24-1984 by Ord. No. 1332; 4-24-1986 by Ord. No. 1356]
A. 
Every applicant for a permit to operate a restaurant or itinerant restaurant shall pay to the Treasurer a permit fee of $1 and inspection fees for each such establishment in accordance with the following schedule:
Inspection Fee
Takeout, snack bar, delicatessen, caterers where seating is not provided for customers
$14
Applications made between 1/1 and 6/30
$14
Applications made between 7/1 and 12/30
$9
Establishments with a seating capacity of 30 or less
$24
Applications made between 1/1 and 6/30
$24
Applications made between 7/1 and 12/30
$19
Establishments with a seating capacity of over 30
$29
Applications made between 1/1 and 6/30
$29
Applications made between 7/1 and 12/30
$24
Itinerant restaurants
$4
B. 
A license shall be issued without fee to nonprofit organizations, schools or other establishments that make application on the basis of need and are approved by the Health Officer.
Every restaurant shall display at all times in a place designated by the Health Officer a notice by the Health Officer stating the grade of the establishment.
Samples of food, drink and other substances may be taken and examined by the Health Officer as often as may be necessary for the detection 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.
[Amended 12-17-1998 by Ord. No. 1607]
A. 
Frequency. At least once every 12 months the Health Officer shall inspect every restaurant located within the City of Washington.
B. 
Posting. One copy of the inspection report shall be posted by the Health Officer upon an inside wall of the restaurant, and said inspection report shall not be defaced or removed by any person except the Health Officer. Another copy of the inspection report shall be filed with the records of the Health Department.
C. 
Access to premises and records. The person operating the restaurant shall, upon request of the Health Officer, permit access to all parts of the establishment and shall permit copying any or all records of food purchased.
The grading of all restaurants shall be based upon the following standards:
A. 
Grade A restaurants. Sanitation requirements for 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 a material and color which will not conceal the presence of dirt. 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 the City of Washington. 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 clean condition, in good repair, and well lighted and ventilated.
(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 hands.
(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.
(a) 
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.
(b) 
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.
(c) 
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 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 45° F., except when being prepared or served. Wastewater 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. This requirement does not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All shellfish 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. Oysters, clams or other shellfish, if served on the shell, must be served in the original shell, but the use of crab shells in any manner whatsoever in the preparation or serving of food is prohibited.
(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 fowls 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.
(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.
B. 
Grade B restaurants. Grade B restaurants shall mean those which fail to comply with Subsection A(1), (2), (4), (5) or (17), but which conform with all items of sanitation required for grade A restaurants.
C. 
Grade C restaurants. Grade C restaurants shall mean those which fail to comply with either the Grade A or the Grade B requirements.
D. 
Itinerant restaurants. Itinerant restaurants shall be constructed and operated in an approved manner.
A. 
Any restaurant, the grade of which has been lowered and all grade displays have been changed accordingly or the permit of which has been suspended, may at any time make application for regrading or the reinstatement of the permit.
B. 
Within one 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 article have been remedied, the Health Officer shall make a reinspection and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade requirements and, in case the findings indicate compliance, shall award the higher grade or reinstate the permit.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
A. 
No person who is affected with any disease in a communicable form, or a carrier of any disease, shall work in any restaurant, and no restaurant shall employ any person suspected of being infected with any disease in a communicable form or of being a carrier of such disease.
B. 
When suspicion arises to the possibility of transmission of infection from any employee, the licensor shall be authorized to require any or all of the following measures:
(1) 
The immediate exclusion of the employee from the eating and drinking establishment.
(2) 
The immediate closing of the eating and drinking establishment until, in the opinion of the licensor, no further danger of disease outbreak exists.
(3) 
Restriction of services of that employee to some work where there would be no danger of transmitting disease.
(4) 
Adequate medical examination of the employee and his associates, with such laboratory examinations as may be necessary. A health certificate shall be provided by a licensed physician, upon request.
C. 
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 shall notify the Health Officer immediately.
D. 
Hand-washing signs shall be posted in each toilet room used by employees.
[Amended 5-24-1984 by Ord. No. 1332]
A. 
Whenever a food service establishment is constructed or extensively remodeled and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling or conversion shall be submitted to the City of Washington Health Department for review and approval before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans and construction material of the work areas, and the type and model of proposed fixed equipment and facilities. The Health Department shall approve the plans and specifications if they meet the requirements of the City Food Ordinance. No food service establishment shall be constructed, extensively remodeled or converted except in accordance with plans and specifications approved by the Department. All new or extensively remodeled establishments must comply with the requirements of the Washington-East Washington Joint Sewer Authority.
B. 
Sanitary design. All equipment shall be designed, installed and operated in accordance with the criteria set forth by the National Sanitation Foundation. All equipment must be built for use in a commercial establishment and should carry the N.S.F. sticker.
[Amended 4-24-1986 by Ord. No. 1356; 3-8-2001 by Ord. No. 1672]
This article shall be enforced by the Health Officer in accordance with the interpretations thereof contained in the 1996 edition and any subsequent editions and/or amendments to the Pennsylvania Code, Title 7, entitled Agriculture, Chapter 78, Food Establishments, a certified copy of which shall be on file in the City Clerk's office.[1]
[1]
Editor's Note: Chapter 78 was reserved upon adoption of the Food Code, 7 Pa. Code Ch. 46.
[Amended 4-24-1986 by Ord. No. 1356; 12-7-2006 by Ord. No. 1766]
A. 
Any individual, person, firm, corporation or other entity who shall violate any provision of this article shall, upon being held liable in any civil proceeding or upon conviction thereof, be sentenced to pay a penalty, fine or charge of no less than $100 nor more than the maximum amount permitted by law, but not to exceed $1,000, and in default of payment or any failure to pay any fine or penalty, upon a summary or other criminal conviction, shall be sentenced to imprisonment for a period not to exceed 30 days, or both.
B. 
Each day that a violation of this article shall continue shall constitute a separate offense, subject to the fines, costs, penalties and charges set forth above for each offense.
C. 
Nothing herein shall limit, prevent or preclude the City of Washington from taking any and all legal action or exercising any other remedy available to the City by law, including but not limited to the initiation of civil or criminal proceedings or injunctive relief, in order to enforce or ensure compliance with this article. As an additional remedy, the City of Washington may abate any nuisance, dangerous or hazardous condition by any means permitted by law, which shall include but not be limited to an action in the Court of Common Pleas of Washington County, Pennsylvania, for injunctive relief; the use of any City of Washington personnel, equipment and materials or that of an authorized agent or contractor hired by the City to remove or abate any nuisance, dangerous or hazardous condition, and with all costs thereof or related thereto to be charged against the property owner(s) and/or person or entity who has violated the article or portion thereof; said costs shall include all actual costs and expenses, including all costs of collection and reasonable administrative costs of the City, incurred in enforcing the provisions of the article.