The following definitions shall apply in the interpretation
and the enforcement of this Chapter:
1.
RESTAURANT – Shall mean restaurant, coffee shop, cafeteria,
short order cafe, luncheonette, tavern, sandwich stand, soda fountain,
and all other eating or drinking establishments, as well as kitchens
in which food or drink is prepared for sale elsewhere.
2.
ITINERANT RESTAURANT – Shall mean one operating for a temporary
period in connection with a fair, carnival, circus, public exhibition,
or other similar gathering.
3.
EMPLOYEE – 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 at any time in a room in which
food or drink is prepared or served.
4.
UTENSILS – Shall include any kitchenware, tableware glassware,
cutlery, utensils, containers, or other equipment with which food
or drink comes in contact during storage, preparation or serving.
5.
HEALTH OFFICER – Shall mean the Health Officer of the City
of Weatherford, or his authorized representative.
6.
PERSON – Shall mean person, firm, corporation, or association.
1.
It shall be unlawful for any person to operate a restaurant or other
place in the city where food is served to the public who does not
possess an unrevoked permit from the Health Officer and in whose place
of business such permit is not posted in a conspicuous place. Application
for permits may be made to the Health Officer by such person and upon
the approval of the application by the Health Officer, the permit
may be issued by the City Clerk, provided that there shall be a fee
of $10 per year for such permit. Provided further that all permits
now in force in the city shall be effective for the purpose of this
section until the expiration thereof and provided, that each permit
issued hereunder shall expire on June 30 following the effective date.
2.
It shall be unlawful for any employee to work in any restaurant or
other place in the city where food is served to the public, without
having in his possession a permit to so work, issued in accordance
with such standards and conditions as may be prescribed by the Health
Officer for such employee and upon approval of the application by
the Health Officer, the City Clerk shall issue the employee a permit,
provided, that there shall be paid to the city a fee of $2 to cover
the cost of issuing such permit, that all permits not in force shall
be effective for the purpose of this section until the expiration
thereof, and provided further, that each permit issued hereunder shall
expire on June 30 following its effective date.
3.
Permits issued to a restaurant or to an employee shall not be transferable
to any other person.
4.
After proper inspections have been made and notices given, the Health
Officer may revoke any permit for the operation of any restaurant
within the city if the operation of the restaurant does not meet the
health requirements prescribed by the Health Officer.
5.
The Health Officer may revoke the permit of any employee in any restaurant for failure to comply with the provisions of this section or of Sections 10-25 to 10-35 or acts adversely affecting the health of the public. Provided, that when such violations or conditions have been corrected, the Health Officer may reinstate such permit.
Samples of food and drink may be taken and examined by the Health
Officer as often as he deems 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 he
deems unwholesome or adulterated.
1.
At least once every six months the Health Officer shall inspect every
restaurant located within the City of Weatherford, in case the Health
Officer discovers the violation of any item of sanitation, he shall
make a second inspection after the lapse of such time as he deems
necessary for the defect to be remedied, and the second inspection
shall be used in determining compliance with the requirements hereof.
Any violation of the same item hereof on two consecutive inspections
shall call for immediate suspension of permit.
2.
One copy of the inspection shall be posted by the Health Officer
upon an inside wall of the restaurant, and said inspection shall not
be defaced or removed by any person except the Health Officer. Another
copy of the inspection shall be filed with the records of the Health
Department.
All 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.
a.
Every restaurant shall be provided with adequate and conveniently
located toilet facilities for its employees, conforming with the ordinances
of the city.
b.
Toilet rooms shall not open directly into any room in which food,
drink, or utensils are handled or stored.
c.
The doors of all toilet rooms shall be self-closing.
d.
Toilet rooms shall be kept clean, in good repair, and well lighted
and ventilated.
e.
Hand-washing signs shall be posted in each toilet room used by employees.
f.
In case privies or earth closets are permitted and used, they shall
be separate from the restaurant building, and shall be of a sanitary
type constructed and operated in conformity with the standards of
the State Board of Health.
7.
Water Supply. The water supply shall be easily accessible to all
rooms in which food is prepared or utensils are washed, and shall
be adequate, and of safe, sanitary quality.
8.
Lavatory Facilities. Adequate and convenient hand-washing facilities
shall be provided, including warm 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, counter, shelves, tables, refrigerating
equipment, sinks, and other equipment or utensils used in connection
with the operation of a restaurant shall be kept in good repair.
10.
Cleaning and Bacterial 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, insect, and other contaminating material.
b.
All cloths used by waiters, chefs, and other employees shall be clean.
c.
Single-service containers shall be used only once.
d.
All multi-use eating and drinking utensils shall be thoroughly cleaned
and effectively subjected to an approved bacterial process after each
usage.
e.
All multi-use utensils used in the preparation or serving of food
or drink shall be thoroughly cleaned and effectively subjected to
an approved bacterial process immediately following the day's
operation.
f.
Drying cloths, if used, shall be clean and shall be used for no other
purpose.
11.
Storage and Handling of Utensils and Equipment.
a.
After bacterial treatment, no utensils shall be stored except in
a clean, dry place protected from flies, dust, or other contamination,
and no utensils shall be handled except in such a manner as to prevent
contamination as far as practicable.
b.
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 garbages and trash shall be kept in suitable receptacles, in such
manner as not to become a nuisance.
13.
Refrigeration. All readily perishable food or drink shall be kept
at or below 45° F. except when being prepared or served. Waste
water from refrigeration equipment shall be properly disposed of.
14.
Wholesomeness of Food and Drink:
a.
All food and drink shall be wholesome and free from spoilage.
b.
All milk, fluid milk products, ice cream, and other frozen desserts
served shall be from sources approved by the Health Officer.
c.
Milk and fluid milk products shall be served in the original individual
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.
d.
All oysters, clams and mussels shall be from approved sources.
15.
Storage and Display of Food and Drink.
a.
All food and drink shall be so stored and displayed as to be protected
from dust, flies, vermin, unnecessary handling, droplet infection,
overhead leakage, and other contamination.
b.
Food served in cafeterias shall be protected by glass cases or the
equivalent.
c.
No animals or fowls shall be kept or allowed in any room in which
food or drink is prepared or stored.
d.
All means necessary for the elimination of flies 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.
17.
Miscellaneous Regulations.
a.
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.
b.
Adequate lockers or dressing rooms shall be provided for employees'
clothing and shall be kept clean.
c.
Soiled linens, coats and aprons shall be kept in containers provided
for the purpose.
18.
Itinerant Restaurants. Itinerant restaurants shall be constructed
and operated in a manner approved by the health officer.
From and after 12 months from the date on which this Code takes
effect,[1] no restaurant shall be operated within the City of Weatherford, unless it conforms with the requirements of Sections 10-25 to 10-35, provided that when any restaurant fails to qualify, the Health Officer is authorized to revoke the permit.
[1]
Editor's Note: These provisions are continued from the
1962 Code.
1.
Any restaurant, the permit of which has been suspended, may at any
time make application for the reinstatement of the permit.
2.
Within one week after the receipt of a satisfactory application,
accompanied by a statement signed by the applicant to the effect that
the violated item or items of the specification have been conformed
with, 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 requirements,
and in case the findings indicate compliance, shall reinstate the
permit.
No article, polish, or other substance containing any cyanide
preparation or other poisonous material shall be used for the cleaning
or polishing of utensils.
1.
Notice shall be sent to the Health Officer immediately by the restaurant
manager or by the employee concerned if he or any employee contracts
any infectious, contagious, or communicable disease, or has a fever,
a skin eruption, a cough lasting more than three weeks, or any other
suspicious symptom.
2.
It shall be the duty of any such employee to notify the restaurant
manager immediately when any of said conditions obtain, and if neither
the manager nor the employee concerned notified the Health Officer
immediately when any of said conditions obtain they shall be held
jointly and severally to have violated this section.
3.
A placard containing this section shall be posted in all toilet rooms.
When 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 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 Officer;
3.
Adequate medical examinations of the employee and of his associates,
with such laboratory examination as may be indicated.
Sections 10-25 to 10-35 of this Chapter shall be enforced by the Health Officer in accordance with the interpretations thereof contained in the current edition of the U.S. Public Health Service Code Regulating Eating and Drinking Establishments, a copy of which shall be on file at the City Clerk's office.
