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HomeMy WebLinkAboutOrdinances Book 10, Page 1332, No Ordinance Number1352 . AN ORDINANCE DEFINING FOOD ESTABLISIDIENT, ITINLi RANT v'OOD ESTAELLSHUENTS, M,;PLOYCS, UTEN3ILS, HBAL'm OFFICER, ETC., REQUIRIIJ PGR,JM; FOR THE OPERATION OF SUCH ESTABLUSHMEVTS, PROHIBITING THE SALE OF ADULTERATED, U14WHOLESOME OR :14ISBRANDED FOOR OR DRIBS, REGULATING TILE INSPECTION, GRADING, REGRADING AND PLACARDING OF SU H ESTABLIMMENTS, THE ENFORCEMIENT OF MIS ORDINANCE, AND HE FIXING OF PENALTIES .BE IT ORDAINED EY iilE 'BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLMS: SECTION 1. Definitions-- The following definitions shall apply in the taterpretation and the enforcement of this ordinance. (a) Food Establishment --The term "food establishment" means any place where food or beverage intended for human consump- tion is kept, stored, manufactured, prepared, dressedm slaughtered handled, sold or offered for sale, either at -wholesale or retail. (b) Itinerant food establishment --The term "itinerant food establishment" shall mean one operating for a temporary perio in connection with a fair, carnival, circus, public exhibition, or other similar gathering. (c) Employee -- The term "employee" shall mean any person who hanc:les food or drink, or who comes in contact with any eating or cookin7 utensils, or who is employed in a room in which food or drnk is prepared or served. (d) Utensils -- "Utensils" shall include any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equi - ment ii th which food or drin1k comes in contact during storage, pre)a- ration, or serving. (e) Health afficer--The term "health officer" shall mean the Director of 1.1cCracken County Health Department, Paducah, Kentu ky or his authorized representative. (f) Ferson -- The word "person" shall mean person, firm corporation, or aaoociation. SECTION 2. Fermi is It shall be unlawful for any person to operate a food eata - lislvment in the amity of Iaducah who does not possess an unrevoked ermit from the health officer. The operatin- permit must _e secured froi the health officer before city license can be i.!sued. Iuch permit shall Le posted in a conspicuous place in the Cood establishment. Orly persons who comply with the requirements of this ordinance shall entitled to receive anC: retain such a permit. A person conducting an itinerant food establishment sl -all also be required to secure a permit. 1333 Such a permit may be temporarily suspended by the healt officer upon the violation by the holder of any of the terms of th ordinance, or revoked after an opportunity for a hearin., by the health officer upon serious or repeated violation. SECTION 3:-- Placarding. or public display or grade noti Every food establishment shall display at all times, in place des!Cnated by the health officer, a notice approved by the health officer, stating the grade of the establishment. SECTIOF 4:-- Examination and condemnation of unwholesom adulterate) food or drink. Samples of food, drinit, and other substances may be tak and examined by the health officer as often as may be necessary fo the detection or unwholesomeness or adulteration. The health offic may condemn and forbid the sale of, or cause to be removed, or de- stroyed, any food or drink which is unwholesome or adulterated. SECTION 5: -- Inspection of food Establishments. At least once every six months the health officer shall inspect every food establishment located within the City of Paduca in Case the health officer discovers the violation of any item or sanitation, required for the grade held, he shall made a second in. spection after the lapse of such time as he deems necessary for tL defect to be remedied, and the second inspection shall be used in determinin- compliance with the `redo requirements of this ordinani Any violation of the samo item of. thin ordinance on such second in; t:on shall call for innediate de-rading or suspension of permit. One copy of the inspection report shall %e posted by th( health officer upon an inside wall of the food establishment, and inspection report shall not be defaced or removed by any person ex( the health officer. another copy of the inspection report shall ba filed with the records of the health department. The person operating: the food establis,-ment shall upon request of the heath officer permit access to all parts of the establishment, and shall permit copyin!c any or all records of foof purchased. id pt JECTION 6: -- The-radin- of food establishments. The madinr- of all food establishments shall be based u_on the follo::ins- standards: Zanitation requi'remcnts for Trade A food establishments. -- All trade f,)od establishments shall compl.• tv.ith all o the fol].owin" items of sanitation. (1) The floors. The floors of all rooms Jr., vihich food or d'� is stores prepared, or served, or In which utensils are washed, shall to of such construction as to be eooily cleaned, ahall be smooth, and -ha 1 t:o 'spot clean and in _ood repair. (2) ablls anc, ceilin-gs. ;.alls and ceilin_,s of all rooms shall be kept clean and :in _nod repair. All walls and coilinCs of rooms where food or drink i stored or prepared shall be finished in light color. The walls of all: rooms in vililch food or drink is prepared or utensils are :sashed shall have a srr.00th, washable surface"up to the level reached by aplasy or spray. (3) Doors and windows. .:'hen flies are prevalent, all openinC-s into the outer alp shall be effectively screemed and doors shall be self-closin_- and open ontrarc', unless other effective means are provided to -prevent the entrance of flies. (4) Lichtinc. All rooms in which food or drink is stored, prepared, or i_ which utensils are washed stall be well li;*hted. (5) Ventilation. 411 rooms in which food or drink is stored, prepared, or served, or in which utensils are v -'ached, shall be well ventilated. (5) Toilet facilities. Every food establishment shall be provided with adequate toilet facilities conveniently located and conforming* with the re- .-ulations of the hate --card of health. Toilet rooms shall not ope ^_irectly into any room in ;:titch food, drink, or utensilo are handle qr stored. The doors of all toilet rooms shall be self closin.-. Toilet rooris shall be tient in a clean condition, ih food repair, an erell lighted anc: v^ntilatcd. _=-pp-oved hand-c:ashin', signs shall be :e pt Posted in each toilet roon used by emoloyees. In case privies ere permitted and used, they shall be separate from the buil,?in^, aid ohall be of a sanitary type constructed and operated in conformity with t'.e requirements of the State Department of Health and State =lumbinm Code. (7.) ':a ter supply. Hot and Cold running water under pressure shall be easily c- cessiblo to all rooms in which food is prepated or utensils are :vas ied, and the mater supply shall be adequate, and of a safe, sanitary qua ity, (3) i.avoratory facilities. Adequate an' convenient hand-washin- facilities shall be -ovided inclu%lin,, hot and cold vunnin.S grater, snap and approved ss itary towcls. The une of a common towel i:; prohil,ited. ,.o em, loyce sha.l _ resume orlc after using th^., toilet .•Darn Without _first- washinC hiu hands. In a (9) Construction of utensils and eouipment. All multi-uoo utons_ils and all show and displa't cases, Or Fandother counters, shelves, tables, refrigeratin„ equipment, sink, eouipment or utensils used in connection ::!ith the operatic: Of a food establishment shall be so constructed as to be easily cleaned and shall be kept in t*ood repair. Utensils containinf, or plated r,ith cadmium or lead shall not be used: Provided, that solder containing lead may be used for jointing. (10) Cleanin` and Bactericidal treatment of utensils and equipment. All equipment, including display cases or windows, counte s, :helves, tables, refr11-erators, stoves, hoods and sinks, shall be kc pt clean and free from dust, dirt, insects, and other contaminating ma erials.- all cloths used by waiters, chefs, and other employees shall be cle n. Jin;_le-service containers shall be used only once. All multi -use eatinS and drinkin.- utensils shall be thnrot-hiby cleaned and effectively subjected to an approved bactericidal process after each usage. All multi -use utensils used in the preparation o serving of food and drink shall be thoroughly cleaned and effective y subjected to an approved bactericidal process immediately following the days operation. DryinZ cloths, if used, shall be clean and shall b used for no other purpose. Pio article, polish or other substance containing any cyan de preparation or other posionous material shall be used for the clean ng or polishinm of utcr_sils. (11) Stoaa`e and handling of utensils and equipment. After bactericidal treatment utensils shall be stored in clown, dry place protected from flies, dust, and other contaminatio as far as practicable. Jingle -service utensils shall be purchased only in sanitary containers, shall be stored therein a clean, dry dace, until used and shall be handled in a sanitary way. (A) Spoons, spatulas, dippers, scoops, etc., used for di - pensine frozen dessorts are, when not in use, kept either in water ra:intained 1700 F. or in runninC water. (12) Disposal of r:astes, All wastes shall be properl, disposed of, and all garbage nd trash shall be '.{ept in approved receptacles, in such manner as of o become a nuisance. (13) Refrigration. All perishacle food or drink shall 'ce '_,Opt at or uelow 50 F. xcept i,, -hen beinC prepared or served. :astewater from refri-,ratio quipment shall discharge into an open sinkc or drain, properly trai:ed ad ce::,er connected, provided that whore,sewor connections are not vail- olo clean adequate '.parer-ti�}rt drip pans may be used. Ice shall L'e Stored a 1337 Tatored and handled :in a clean sanitary manner. (14) '+Yholesomeness of food or drink. All food and drink shall be clean, wholesome, free from ls e, and so prepared as to be safe for human consumption. All mil, t, fluid milk products, ice cream and ')then frozen desserts served shall be from approved sources. balk and fluid milk products shall be served in the individual ori3inal containers in which they were �e- ceirved from the distributor or from a bulk container equipped with n approved dispensin_ device; Provided, that this requirement shall lot apply to cream, which may be served from the original bottle or froi a dispenser approved for such service. All oysters, clams, and mus els shall be from approved sources, and if shucked, shall be kept until used in the containers in which they were placed at the shucking pl nt. (15) Storage, display and serving of food and drink. All food and drink shall be so stored, displayed, and sery d as to ,e protected from dust, flies, vermin depredation, and pollut on by redents, unnecessary handling, droplet infection, overhead leakare and other contamination. No animals or fowls shall be kept or alloyed in any room in which food or drink is prepared or stored. All mean necessary for the elimination of flies, roaches, and redents shall e used. (lo) 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 exlbectorate or u e tobacco in any form in rooms in which food is prepared. (17) 1;71scellaneous The premises of all food establishments shall be kept clea and free of litter or rubbish. None of the operations connected wi h a food establishment shall be conducted in any room used as living, or sleeping quarters. Adequate lockers, located in rooms other than weer food is handled or prepared, or dressing, rooms separate from any ro m where food is prepared or handled, 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. Grade E Food Establishments. -- Grade B. rood EstaUlishmen s are those which fail to comnlj with items 1, 2, 4, 5 or 17, but whi h :onform with all other items of sanitation required for grade A f -o ;s tablishment-s. Crado C. Food Establishments. -- Grade C rood Establishmen s re those which fail to comply r:ith either the ;rade A or :rade i; r uirements. 1338 IIItinerant food establishments. Itinerant food establish- ments�shal:lobe constructed.and operated in an approved manner. SEC TION 7: Grades of food establishments which may oper- ate. erate. Prom the date on which this ordinance takes effect no food establisgment shall be operated within the City of Paducah, Kentuc,y or its police jurisdiction, unleas it conforms with the Grade A, o grade E, or approved itinerant food establoshments requirements of this ordinance: Provided, that when any food establishment fails o qualify for any of these grades the health officer is authorized t suspend the Permit or in lieu thereof to degrade the food establis - ment and retmit its operation during a temporary period not exceeding 30 days. SECTIOIi 8. Reinstatement of permit: supplementary re-vad'n Any food establishment the grade of which has been lowere' and all grade displays have been changed accordingly, or the permit of which has been suspended may at any time make application for regrading o the reinstatement of the permit. YJithin one wrcek after the receipt of a satisfactory appli- cation, accompanied by a statement si3ned by the applicant to the effect that the violated provision or prOPisions of this ordinance have been conformed with, the health officer shall make a reinspection and thereafter as many additional reinspections as he may deem nece sary to sssure himself that the gpplicant is again complying with the hi*her grade reouirements, and, in case the findings indicate compliance, shall award the hither grade or reinstate the permit. SECTION 9. Disease control.-- No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any food establishment, and no food establis ent 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 s h disease. If the food establishment manager suspects that any emplo ee has contracted any disease in a communicable form or has become a carrier of such disease he shall notify the health officer imnediat 1 Y• A placard containing this section shall be Posted in all toilet roo s. SECTION 10. Procedure when infection is suspected.-- When suspicion arises as to the possibility of transmission of infection "rom any food est„blishment employee the health officer is authoriz d ,o require any or all of the following measures: (1) The immediate ixciusion of the employee from ail food establishments; (2) The im- ±ediate closin,7 of the food establishment concerned until no furthe anger of disease outbreak exists, in the opinion of the health officer; Z) Adequate medical examination of the employee and of his associ tea, ith such laboratory examinations as may be indicated. 1339 SECTIOi�: 11; Future Food Establishments -- All food estab Timents, which are hereafter constructed, reconstructed, or ex-ively altered within the City of Paducah, Kentucky, shall confo m heir construction to the requirements of this ordinance for a - ade A food establishment. Properly prepared construction and plumbingV Plans for all food establishments which are hereafter constructed, e- constructdd, or extensively altered, shall be submitted to the heal h officer for annroval by the estate Department of health before work a begun. The cons true tion, recons truction, or extensive alterations, hall be done in accordance with the approved plans. The location of all food establishments shall be,approved by the health officer. All plumbin. work shall conform to the .hate ilumbing haw and Code as set forth in K. .S - 318,010 to 318,990, inclusive. SECTION 12. Enforcement Interpretations. This ordinance hall be enforced by the health officer in accordance with the interpreta ions thereof contained in -the U.S.Public IIealth Serv_ce Code Regulating ting and 'drinking Establishments and the regulations of the State Depart tent of Health for the Grading of Food Handling Establishments, Certified C pies of wh±ch shall be on file at the City Clerk1s Office. SECTION 13. Penalties -- Any person who violates any pro- vision of this ordinance shall., for the first offense, be fined not less than •10.00, nor more than ;,x100.00, and for any subsequent offense shall be fined not less than=p50.00 nor more than ;y200.00. Each day of violation of. this ordinance shall be a separate offense SECTION 14. Reoeal and date of effect. All ordinances and parts of ordinances in conflict with this ordinance are hereby .repealed, and this ordinance shall be in full force and effect im- mediately upon its adoption and its publication as provided by law. SECTION 15. Unconstitutionality clause. Should -any section, paragraph, sentence, clause, or phrase of this ordinance b declared uncMstitutional or invalid for any reason, the remainder f said ordinance shall not be affected thereby. Passed by the Loard of Commissioners, I:iareh 26th, 1946 Recorded by Rudy Stewart, City Clerk, Idarch 26th, 1946.