Chapter 11
FOOD AND FOOD ESTABLISHMENTS

Sections:

11.1    Definitions.

11.2    Permit—Required; exception.

11.3    Same—Application; examination of premises; duration; transferability; renewal.

11.4    Reserved.

11.5    Same—Power of health officer to deny or withhold; unlawful to sell, etc., food during period of revocation, etc.

11.6    Same—Power of health officer to suspend or revoke.

11.7    Notification of health officer when establishment is sold, abandoned, purchased, etc.

11.8    Authority for health officer to establish additional regulations.

11.9    Presence of food as prima facie evidence of intent to sell, etc.

11.10    Authority for health officer to seize diseased, etc., food.

11.11    Meat to be stamped according applicable laws prior to sale or distribution.

11.12    Meat food products to be manufactured in accordance with state law prior to sale or distribution.

11.13    Reserved.

11.14    Purpose and construction of sections 11.1 to 11.12.

11.15    Cleanliness of markets.

11.16    Method of conveying fish, meat, etc., generally.

11.17    Perishable goods—Delivery to be from rear of establishment or from alley; when delivery direct to enclosed storeroom required; necessity of platform for protection.

11.18    Same—Not to remain on street, public place, etc.; not to come in contact with dogs, etc.; platform not to be on sidewalk.

11.19    Flies—Screening or covering of fruit and vegetable displays.

11.20    Same—Screening or covering of poultry, animals in crates, etc., left on sidewalks.

11.21    Same—Immediate removal of animal blood from sidewalks.

11.1 Definitions.1

The following words and phrases when used in this chapter shall for the purposes of this chapter, have the meanings respectively ascribed to them in this section:

“Food” shall include all articles used for food, drink, confectionery or condiment, whether simple or compound, and all substances and ingredients used in the preparation thereof.

“Food establishment” shall mean any public or private market, shop, store, delicatessen, candy factory, storehouse, warehouse, cold storage plant or other plant or other place, not a public eating or drinking establishment in or about which any food, foodstuffs or provisions are kept, held, sold, prepared or compounded or offered for sale for human consumption. Such establishments will specifically include but shall not be restricted to grocery stores and warehouses, candy and confectioners’ plants or stores, bakeries, bottling works, food and condiment packers, fruit and vegetable stands, markets or other premises where meat or meat food products, sausage, fish, dressed poultry, rabbit or game are kept, stored, handled, manufactured or offered for sale, ice stations and all food processing or cannery plants of any type.

“Restaurant” shall mean any coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, public school lunchroom or cafeteria, labor and construction camp kitchens and dining rooms, public boardinghouse, club, and any other eating or drinking establishment which sells or offers for sale food to the public, as well as kitchens, box lunch establishments, catering services and barbecue pits in which food or drink is prepared on the premises for sale or distribution elsewhere. The term “restaurant” as used in this chapter shall also include all cafeterias or restaurants serving commercial establishments as part of the organization and serving the public, whether as employees or visitors.

“Utensils” shall include kitchenware, tableware, glassware, cutlery, containers, machinery, implements and receptacles used in processing, storage, distribution or serving of food or drink. (Ord. No. 506, art. 1)

11.2 Permit—Required; exception.2

It shall be unlawful for any person to operate or conduct a restaurant or food establishment or to sell, offer for sale, distribute or have in possession for sale or distribution any food or drink intended for human consumption in the city, unless possessing a permit to do so from the health officer and paying the permit fee required to be paid by this chapter. No permit shall be required of any food processing, cannery or other food establishment licensed by the state department of health, by the bureau of meat inspection of the state department of agriculture, or by the meat inspection division of the United States department of agriculture. (Ord. No. 506, art. 2, § 1)

11.3 Same—Application; examination of premises; duration; transferability; renewal.

Application for a permit, as required by the preceding section, shall be made in writing to the health officer. The health officer shall, upon receipt of such application, make or cause to be made, an examination of the premises for which such permit is requested. If, upon examination, the health officer, his assistant or his duly authorized representative, finds such premises and the equipment therein to be in accordance with the laws of the state, the requirements of this chapter, and the rules and regulations of the health officer and not otherwise, the health officer shall issue a revocable permit for the conduct of such business. (Ord. No. 506, art. 2, § 2; Ord. No. 78-4, § 2, 1-3-78)

11.4 Reserved.

    Editor’s noteOrd. No. 78-4, § 1, adopted Jan. 3, 1978, specifically amended the Code by repealing § 11.4, which had pertained to restaurant permit fees. Said section had been derived from Ord. No. 506, art. 2, § 3.

11.5 Same—Power of health officer to deny or withhold; unlawful to sell, etc., food during period of revocation, etc.

The health officer is hereby empowered to deny or withhold a permit for which an application has been made, if, in his judgment, the building, premises, equipment, apparatus or reasonable facilities for establishing, maintaining, conducting or operating the business or institution, for which a permit is requested, is or are insufficient, unfit or incapable of being used, maintained, or established in compliance with this chapter or the rules and regulations of the health officer or laws of the state. If any such permit shall be denied, suspended or revoked by the health officer, it shall be unlawful during the period of such denial, revocation or suspension for any person to sell or traffic in any food or drink products at such establishment in the city. (Ord. No. 506, art. 2, § 4)

11.6 Same—Power of health officer to suspend or revoke.

The health officer may suspend or revoke any permit authorized by this chapter whenever he finds that the holder of such a permit fails or refuses to comply with the laws of the state, this chapter, or any rules and regulations of the health officer. (Ord. No. 506, art. 2, § 5)

11.7 Notification of health officer when establishment is sold, abandoned, purchased, etc.

Every person who shall sell, exchange, give away, abandon, or discontinue any restaurant or food establishment as described in the preceding sections within the city and every person who shall purchase or otherwise acquire any such restaurant or food establishment within the city shall immediately notify the health officer, his assistant or his duly authorized representative, as to the fact thereof. (Ord. No. 506, art. 2, § 6)

11.8 Authority for health officer to establish additional regulations.

The health officer is hereby authorized to make such additional rules and regulations as may be necessary to secure the proper sanitation of all restaurants or food establishments and for the proper and orderly administration of this chapter. (Ord. No. 506, art. 2, § 7)

11.9 Presence of food as prima facie evidence of intent to sell, etc.

The presence, in or about the place of business of any person dealing in food or in or about any vehicle used by any such person for the delivery of the same, of any food shall be prima facie evidence of intent on the part of such person to sell the same and of the fact that he is holding or offering the same for sale. (Ord. No. 506, art. 2, § 8)

11.10 Authority for health officer to seize diseased, etc., food.

The health officer, his assistant and his duly authorized representative, are hereby authorized and directed to seize and destroy or denaturize any tainted, diseased, decayed or partially decayed, or unwholesome meat, fish, shellfish, fowl, fruits, vegetables or other unwholesome food found within the city. (Ord. No. 506, art. 2, § 9)

11.11 Meat to be stamped according applicable laws prior to sale or distribution.

It shall be unlawful for any person or agent or employee of any person to sell, offer for sale, distribute or have in possession for sale or distribution in the city, the flesh of any cattle, horse, sheep, lamb, swine or goat, unless the same bears on each primal part thereof the “Inspected and Passed” stamp of an establishment operating under federal inspection, state inspection or approved municipal inspection. (Ord. No. 506, art. 2, § 10)

11.12 Meat food products to be manufactured in accordance with state law prior to sale or distribution.

It shall be unlawful for any person or agent or employee of any person to sell, offer for sale, distribute or have in possession for sale or distribution in the city any sausage or other meat food product unless the same has been manufactured or prepared in accordance with the laws of the state. (Ord. No. 506, art. 2, § 11)

11.13 Reserved.

    Editor’s noteOrd. No. 77-15, § 1, adopted April 18, 1977, specifically amended the Code by repealing § 11.13, which had provided a penalty for violation of §§ 11.1—11.12. Said section had been derived from Ord. No. 506, art. 2, § 13.

11.14 Purpose and construction of sections 11.1 to 11.12.

Sections 11.1 to 11.12 are for the protection of the public health, safety, and welfare, and their provisions are to be liberally construed to obtain the beneficial purposes thereof. (Ord. No. 506, art. 2, § 12)

11.15 Cleanliness of markets.

Every owner or occupant of a market where fish, beef, mutton, veal, pork or the carcass of any animal used for food is sold, shall use due care and attention to maintain cleanliness thereat by the prompt removal of all rubbish or other matter tending to create a stench or generate disease and by proper screens protect the food offered for sale from flies and other insects. The health officer shall have free access to such market, stall or place of business at all times for the purpose of making an inspection of the same. (Code 1900, § 108)

11.16 Method of conveying fish, meat, etc., generally.

No person shall remove or transport any fish, beef, mutton, veal, pork or the carcass of any animal used for food through the streets of this city, unless the same be moved or transported in vehicles so constructed and covered as to protect it entirely from dust and dirt and so that the same may not be exposed to view during the course of such transportation. (Code 1900, § 110)

11.17 Perishable goods—Delivery to be from rear of establishment or from alley; when delivery direct to enclosed storeroom required; necessity of platform for protection.

It shall be unlawful for any person to deliver, deposit or distribute vegetables, meats, fruits, bread, bakery goods, groceries, milk or merchandise or edibles of a perishable nature to merchants or places of business within the city unless the same shall be delivered, deposited or distributed from the rear street or alley where such business is carried on or conducted, providing such rear street or alley is available for such purpose. Where no rear street or alley is available to a merchant or business, such goods, wares and merchandise shall be immediately delivered to an enclosed storeroom direct and in no event shall the same be permitted to be or remain upon the sidewalk. The aforementioned goods, wares or merchandise shall also be only delivered, deposited or distributed to an enclosed storeroom direct or to or upon a platform at least three feet above the ground, sidewalk or street level, and such platform shall be so constructed and maintained that dogs, cats or other stray animals shall not have access to such perishable goods, wares and merchandise. (Ord. No. 417, § 1)

11.18 Same—Not to remain on street, public place, etc.; not to come in contact with dogs, etc.; platform not to be on sidewalk.

It shall be unlawful for any person to permit, suffer or allow any meats, vegetables, fruits, bread, bakery goods, groceries, milk or other edibles or merchandise of a perishable nature to be present or remain on any street, public place or open place within the city where the same may in any way come in contact with or be contaminated by any dogs, cats or other stray animals except that such goods, wares and merchandise may be placed upon a platform as set forth in the preceding section. No such platform shall be constructed or maintained on any sidewalk in the city. (Ord. No. 417, § 2)

11.19 Flies—Screening or covering of fruit and vegetable displays.

All fruits and vegetables kept or displayed for sale in the city shall be screened or covered so as to keep flies away from such fruits or vegetables. (Ord. No. 276, § 1)

11.20 Same—Screening or covering of poultry, animals in crates, etc., left on sidewalks.

Poultry, animals in crates and the carcasses of animals left on any sidewalk in the city shall be screened or covered so as to keep flies away from such poultry, animals or carcasses of animals. (Ord. No. 276, § 1)

11.21 Same—Immediate removal of animal blood from sidewalks.

The blood from any animal which has been permitted to drip on the sidewalk in front of any place of business must be immediately removed by the owners or proprietor of such place of business so that no flies will gather on such blood. (Ord. No. 276, § 1)


1

For state law as to foods generally, see H. & S. C. A., §§ 26450 to 26624. As to sanitation of restaurants generally, see H. & S. C. A., §§ 28600 to 28665.


2

For state law as to authority of city to require a local health permit to operate restaurants, see H. & S. C. A., § 28663.