Chapter 8.04
FOOD ESTABLISHMENTS1
Sections:
8.04.010 Definitions.
8.04.020 Permit – Requirements – Suspension or revocation.
8.04.030 Inspections and reports – Sanitation requirements generally.
8.04.040 Floors and floor drains.
8.04.050 Walls and ceilings.
8.04.060 Doors and windows.
8.04.070 Lighting.
8.04.080 Ventilation.
8.04.090 Toilet facilities.
8.04.100 Water supply.
8.04.110 Lavatory facilities.
8.04.120 Utensils and equipment – Construction and maintenance.
8.04.130 Utensils and equipment – Cleaning.
8.04.140 Utensils and equipment – Storage and handling.
8.04.150 Waste disposal.
8.04.160 Refrigeration.
8.04.170 Wholesomeness of food and drink.
8.04.180 Storage and display of food and drink.
8.04.190 Premises – Cleanliness required – Clothing and linen storage areas – Living or sleeping quarters.
8.04.200 Itinerant restaurants and drinking places.
8.04.210 Regulations compliance required.
8.04.220 Permit – Reinstatement after suspension.
8.04.230 Employees – Cleanliness.
8.04.240 Employees – Health examinations and certificates – Testing.
8.04.250 Employees – Disease – Notice to health officer.
8.04.260 Employees – Disease – Action.
8.04.270 Enforcement.
8.04.280 Violation – Penalty.
8.04.010 Definitions.
The following definitions shall apply in the interpretation and the enforcement of this chapter or these rules and regulations:
A. “Drinking place” means any place where drink is served to or provided for the public with or without charge, such as bars, taverns and soda fountains.
B. “Employee” means any person working in any of the establishments defined in subsections A, C, E and F of this section 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.
C. “Grocery,” “food market” or “meat market” means any place, wholesale or retail, where food or meats, in bulk or package form, are provided for the public for preparation and service elsewhere. For the purpose of these regulations, “restaurant” applies to groceries, food markets and meat markets. This subsection shall not be interpreted to include slaughterhouses.
D. “Health officer” means the county health officer as defined in RCW 70.05.010(2), or his authorized representatives.
E. “Itinerant restaurant” or “itinerant drinking place” means one operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
F. “Restaurant” means any place where food and drink is served to or provided for the public with or without charge; such as hotels, restaurants, cafes, cafeterias, boardinghouses, street vendors or stalls; private, public, parochial or Sunday schools; churches and public institutions; and railway stations and recreational and labor camps.
G. “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. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code §§ 4.02.010 – 4.02.080.)
8.04.020 Permit – Requirements – Suspension or revocation.
It is unlawful for any person to operate a restaurant, an itinerant restaurant or drinking place in the city who does not possess an unrevoked permit issued by the health officer and in whose place of operation or business such permit is not at all times posted or displayed in a conspicuous place designated by the health officer. Permits shall be valid for 12 months after date of issue. Only persons who comply with the requirements of this chapter and these rules and regulations shall be entitled to receive and retain such a permit. These permits shall be nontransferable.
Such a permit may be suspended by the health officer or revoked after an opportunity for a hearing by the health officer upon the violation by the holder of any of the terms of this chapter or these rules and regulations. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.100.)
8.04.030 Inspections and reports – Sanitation requirements generally.
At least once every six months, the health officer shall inspect every restaurant and every drinking place located within his jurisdiction.
One copy of the inspection report shall be posted by the health officer upon an inside wall of the restaurant or drinking place, and the 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.
All restaurants and drinking places shall comply with all of the items of sanitation contained in ACC 8.04.040 through 8.04.190 and 8.04.230. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.110.)
8.04.040 Floors and floor drains.
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 easily to be cleaned, shall be smooth, well-drained and shall be kept clean and in good repair. Floors shall be of concrete, terrazzo, tile, wood covered with linoleum, or tight wood free from cracks. If floor drains are used, they shall be provided with proper traps. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.120.)
8.04.050 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 painted, preferably in light color, or calcimined or otherwise finished at frequent enough intervals to maintain the surface in a clean condition. 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. Evidence of splash or spray above the impervious surfacing is a violation of this section and shall be sufficient cause to require additional impervious surfacing. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.130.)
8.04.060 Doors and windows.
When flies are prevalent, all openings into the outer air shall be effectively screened, with not less than 16-mesh screen, and doors shall be self-closing; or fans of sufficient power to prevent the entrance of flies shall be in use at all otherwise ineffectively screened openings. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.140.)
8.04.070 Lighting.
All rooms in which food or drink is stored or prepared, or in which utensils are washed, shall be provided with artificial light sources equivalent to at least 20 footcandles at a distance of 30 inches from the floor or working surfaces, as measured by a suitable light meter, and such artificial light sources shall be in use except when equivalent natural light is present. This requirement does not apply to dining rooms. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.150.)
8.04.080 Ventilation.
All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be sufficiently well-ventilated to prevent the accumulation of disagreeable odors and condensation upon interior surfaces. This requirement shall not apply to cold storage rooms. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.160.)
8.04.090 Toilet facilities.
Every restaurant and drinking place shall be provided with adequate and conveniently located toilet facilities for employees, conforming with local ordinances which are in effect. Toilet rooms shall be kept in a clean condition, in good repair, the walls free from defacement, well-lighted and well-ventilated to the outside air. Signs shall be posted in each toilet room used by employees, directing employees to wash their hands before returning to work. Where water under pressure is available, only flushing, water-retaining closets may be used.
In any new construction, toilet rooms must be separated from the establishment proper by a vestibule vented to the outside air. The doors of both vestibules and toilet rooms must be made self-closing. Booths open at the top shall not qualify as adequate toilet rooms.
In case privies or earth closets are permitted and used, they shall be separate from the establishment and shall be of a sanitary type constructed and operated in conformity with the rules and regulations of the State Board of Health. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.170.)
8.04.100 Water supply.
A. 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 a safe, sanitary quality.
B. When a public water supply is not available, and it is necessary to resort to a well, spring or other source of water supply, no person shall maintain such well, spring or other source of water supply used for drinking or culinary purposes, and to which the public has or may have access, and which is polluted in any manner that may render such water supply injurious to health.
C. The health officer may make such investigations as deemed necessary, and if upon investigation the water supply is found to be, or may become, a menace to health, the supply shall be abandoned in a manner that will prevent its further use for drinking purposes, or such alterations or changes shall be made as deemed necessary to produce a safe drinking water in accordance with the recommendations of and within a time limit set by the health officer. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.180.)
8.04.110 Lavatory facilities.
Adequate and convenient handwashing facilities shall be provided, including warm water, soap and approved sanitary towels. The use of a common towel is prohibited. Dishwashing vats shall not be accepted as washing facilities for personnel. No employee shall resume work after using the toilet room without first washing his hands. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.190.)
8.04.120 Utensils and equipment – Construction and maintenance.
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 or drinking place shall be so constructed as easily to be cleaned and shall be kept clean and in good repair. All surfaces or multi-use utensils and equipment with which food or drink comes in contact shall be free of breaks, corrosion, open seams, cracks and chipped places. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.200.)
8.04.130 Utensils and equipment – Cleaning.
All equipment, including display cases or windows, counters, shelves, tables, meat blocks, 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. All multi-use eating and drinking utensils shall be cleaned after each usage, and all multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned immediately following the day’s operation, in such a manner as to be clean to the sight and touch.
The cleaning may be accomplished by prerinsing, followed by washing in warm water (110 degrees Fahrenheit to 120 degrees Fahrenheit) containing an adequate amount of an effective soap or other effective detergent to remove grease and solids.
After cleaning, all such utensils shall be effectively subjected to one of the following bactericidal processes:
A. Method 1. Immersion for at least two minutes in clean, hot water, at a temperature of at least 170 degrees Fahrenheit, or for one-half minute in boiling water. Unless actually boiling water is used, an approved thermometer shall be available convenient to the vat. The pouring of scalding water over washed utensils shall not be accepted as satisfactory compliance. Where this method is employed, there shall be provided a hot water heater capable of maintaining a water temperature of at least 170 degrees Fahrenheit in the vat at all times during business hours. The heating device may be integral with the immersion vat.
B. Method 2. Immersion for at least two minutes in a chlorine rinse, containing at least 50 parts per million of available chlorine if hypochlorites are used, or a concentration of 100 parts per million if chloramines are used. The rinse should be made up to double strength, and shall not be used after the strength has been reduced to below the specified concentration in parts per million. When this method is employed, a three-compartment vat shall be required, the first compartment to be used for washing, the second for plain rinsing, and the third for chlorine immersion; provided, that, for existing installations, the second or rinsing compartment may be omitted if a satisfactory rinsing or spraying device is substituted.
C. Method 3. When dishwashing machines are employed, utensils should be prerinsed before being placed in the dishwashing machine. The health officer shall specify the washwater temperature. The period of exposure to rinsewater shall be two minutes and the temperature of rinsewater shall be maintained at 170 degrees Fahrenheit, or 15 seconds’ exposure to live steam.
D. Method 4. Some other equally effective means; provided, that such method or methods as are employed shall be approved by, and shall result in a degree of sanitation satisfactory to, the State Director of Health; and provided, that continuous effectiveness of such methods can be readily established. By any method used, the final test for cleanliness and satisfactory bactericidal treatment shall be freedom from bacteria, chemical reagent and any other foreign matter. If drying cloths are used, they shall be clean and shall be used for no other purpose. Silver and silver-plated tableware should not be treated with chlorine unless immediately rinsed in clean water following immersion in the chlorine solution, as silver chlorides are formed which blacken the silver; therefore, Method 1 or Method 3 may well be employed on such tableware.
Single-service containers shall be used only once. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.210.)
8.04.140 Utensils and equipment – Storage and handling.
After bactericidal treatment, no utensil 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 manner as to prevent contamination, so 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. Spoons, spatulas, dippers, etc., used for dispensing frozen desserts shall, when not in use, be kept in clean, preferably running water. Drinking straws must be individually enclosed and served in an original wrapper. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.220.)
8.04.150 Waste disposal.
All wastes shall be properly disposed of in such a manner as not to constitute a nuisance or a public health menace, and in accordance with Book V, Part 1, Section 10 of the rules and regulations of the State Board of Health. There shall be provided and maintained in a suitable location a sufficient number of garbage containers of watertight construction, made of nonabsorbent material and provided with handles and close-fitting covers, and all garbage shall be kept therein pending its removal and disposal. Garbage containers shall be washed at intervals frequent enough so as to prevent nuisance. Filled garbage containers shall not be allowed to remain in any room where food is prepared or eaten. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.230.)
8.04.160 Refrigeration.
All readily perishable food or drink, including cream pies and puddings, shall be kept at or below 50 degrees Fahrenheit except when being prepared or served, and an indicating thermometer shall be provided. Wastewater from refrigeration equipment shall be properly disposed of and there shall be no direct connection to a sewer. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.240.)
8.04.170 Wholesomeness of food and drink.
All food and drink shall be wholesome and free from spoilage, and comply with all existing state laws, rules and regulations. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.250.)
8.04.180 Storage and display of food and drink.
All food and drink shall be so stored and displayed as to be protected from dust, flies, vermin, rodents, unnecessary handling, droplet infection, overhead leakage, sewage backflow and other contamination. Evidence of the presence of rodents, roaches, ants, or other vermin shall be considered as a violation of this section. Dustless methods of floor cleaning shall be employed, and all except emergency floor cleaning shall be done during those periods when the least amount of food and drink is exposed, such as after closing or between meals. No live animal or fowl shall be kept or allowed in any room in which food or drink is prepared, stored or served. All means necessary for the elimination of flies, other insects, vermin and rodents shall be used. Granulated sugar must be dispensed from closed pouring-type containers. Lump sugar must be dispensed in individually wrapped units. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.260.)
8.04.190 Premises – Cleanliness required – Clothing and linen storage areas – Living or sleeping quarters.
The premises of all restaurants and drinking places shall be kept clean and free of litter or rubbish. Adequate lockers or dressing rooms should be provided for employees’ clothing and shall be kept clean. Soiled linen, coats and aprons shall be kept in containers provided for this purpose.
None of the operations connected with a restaurant or drinking place shall be conducted in any room used as living or sleeping quarters. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.280.)
8.04.200 Itinerant restaurants and drinking places.
A. Itinerant restaurants and drinking places shall be constructed and operated in a manner approved by the health officer.
B. The health officer shall approve an itinerant restaurant or drinking place only if it complies with the following sanitation requirements:
1. Garbage and refuse shall be kept in tightly covered, watertight containers until removed and shall be disposed of in a place and manner approved by the health officer. Dishwater and other liquid wastes shall be so disposed of as not to create a nuisance.
2. No person suffering from any disease transmissible by contact or through food or drink or who is a carrier of the germs of such a disease shall be employed in any capacity. Adequate refrigeration for keeping all readily perishable food or drink at 50 degrees Fahrenheit or below shall be provided. Adequate and satisfactory toilet and handwashing facilities shall be readily accessible to employees. No person engaged in the handling or serving of food or drink shall return to his work, after using the toilet, without first thoroughly washing his hands.
C. Upon failure of any person maintaining or operating an itinerant restaurant or drinking place, after warning, to comply with any of these requirements, it shall be the duty of the health officer summarily to forbid the further sale or serving of food or drink therein. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.290.)
8.04.210 Regulations compliance required.
From and after six months from the date on which this chapter or these rules and regulations take effect, no restaurant or drinking place shall be operated within the city, or its police jurisdiction, unless it conforms with the requirements of this chapter or these rules and regulations; provided, that when any restaurant or drinking place fails to qualify, the health officer is authorized to revoke the permit. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.300.)
8.04.220 Permit – Reinstatement after suspension.
Any restaurant or drinking place, the permit of which has been suspended, may at any time make application for the reinstatement of the permit.
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 specifications 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. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.310.)
8.04.230 Employees – Cleanliness.
All employees shall wear clean outer garments and shall keep their hands clean while engaged in handling food, drink, utensils or equipment. Cleanliness shall be effected in a manner adequately to prevent contamination of food, drink, utensils and equipment with dirt, filth and unserved food particles. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.270.)
8.04.240 Employees – Health examinations and certificates – Testing.
All employees shall have a health examination annually, or more often, if required by the health officer. The health officer may, at his discretion, also require the employee to take a written and/or oral examination in the public health aspects of food handling and may also, in addition to or in lieu of such written and/or oral examination, require the employee to attend a food handler’s training course approved by the health officer. It is unlawful for any person to be employed in any food establishment as defined in ACC 8.04.010(A), (C), (E) and (F) unless he first furnishes and places on file with the person in charge of such establishment either a valid food employee’s (food handler’s) health record, permit, card or certificate from the health officer. The examination shall include such laboratory, X-ray and other procedures as the health officer deems necessary, and the person examined shall willingly provide such samples or specimens of body fluids, excreta, sputum, throat cultures, and the like, as shall be required in order to perform the examination properly. The health record, permit, card or certificate shall be kept at all times on file in the office of the employer of such person, and shall be open for inspection at all reasonable hours by the health officer. Such health record, permit, card or certificate shall be returned to the employee when leaving the service of the employer. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.340.)
8.04.250 Employees – Disease – Notice to health officer.
Notice shall be sent to the health officer immediately by the restaurant manager or by the employee concerned if he or any employee contracts an infectious, contagious or communicable disease, or has a fever, skin eruption, a cough lasting more than three weeks, or any other suspicious symptom. 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 notifies the health officer immediately when any of said conditions obtain, they shall be held jointly and severally to have violated this section. A placard containing this section shall be posted in all toilet rooms. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.320.)
8.04.260 Employees – Disease – Action.
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:
A. The immediate exclusion of the employee from all restaurants;
B. The immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer;
C. Adequate medical examination of the employee and of his associates with such laboratory examinations as may be required or indicated. (Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.330.)
8.04.270 Enforcement.
Enforcement of this chapter is delegated by the city to King County and to Pierce County within their respective jurisdictions. To enforce the above regulations, the county health officers are authorized to enter any premises as specified in ACC 1.20.010. (Ord. 5212 § 1 (Exh. C), 1999; Ord. 2944 § 2, 1976.)
8.04.280 Violation – Penalty.
A violation of any of the provisions of this chapter by any person, firm or corporation shall be a civil infraction, punishable in accordance with ACC 1.25.050, except as provided in ACC 1.25.050. (Ord. 5837 § 4, 2004; Ord. 5683 § 19, 2002; Ord. 5212 § 1 (Exh. C), 1999; 1957 code § 4.02.360.)
For statutory provisions on food and drugs, see RCW Title 69; for provisions on local health administration, see Chs. 70.05 and 70.46 RCW; for provisions applying RCW Title 69 to code cities, see RCW 35A.69.010; for provisions applying RCW Title 70 to code cities, see RCW 35A.70.070.