Chapter 8.08
RESTAURANTS

8.08.000    Chapter Contents

Sections:

8.08.010    Public health service ordinance regulating eating and drinking establishments adopted.

8.08.020    Restaurants permitted to operate.

8.08.030    Food handlers’ courses of instruction.

8.08.040    Emergency power to modify chapter.

8.08.050    Repealer and effective date.

8.08.060    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

8.08.010 Public health service ordinance regulating eating and drinking establishments adopted

The inspection, grading, regrading, and placarding of eating and drinking establishments within the city, or its police jurisdiction, the issuing, suspension, and revocation of permits for the operation of such establishments, the sale of adulterated, misbranded, or unwholesome food and drink, the enforcement of this chapter, and the fixing of penalties shall be regulated in accordance with the terms of the unabridged form of the 1943 Edition of the U. S. Public Health Service Ordinance Regulating Eating and Drinking Establishments, three certified copies of which shall be on file in the office of the city clerk-treasurer; provided, that the words "city of __________" in the Public Health Service ordinance shall be understood to refer to the city of Olympia; provided further, that in said ordinance all parentheses which enclose words referring to grading shall be understood to be deleted; provided further, that sections 7, 12, and 13 of said Public Health Service ordinance shall be replaced by Sections 8.08.020, 8.08.060 and 8.08.050 respectively below; provided further, that in section 2 of said ordinance, itinerant restaurants shall also be required to secure a permit; provided further, that there shall be added to section 1 of the 1943 Edition of the U. S. Public Health Service Ordinance Regulating Eating and Drinking Establishments a definition of the word "Operator" as follows:

G.    Operator. The term "operator" shall include every person, firm, or corporation conducting the business of a restaurant, as herein defined, whether or not he is the owner of the premises in which such business is conducted; and provided further, that there shall be substituted for the definition of "Employee" found in section 1 of the 1943 Edition of the U. S. Public Health Service Ordinance Regulating Eating and Drinking Establishments the following definition of said word:

C.    Employees. The term "employee" shall mean any person working in a    restaurant, including the operator, who either handles food or drink during preparation of 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, whether or not such persons receive compensation therefor and regardless of from whom compensation may be received, or to whom such person purports to be responsible for any service performed.

(Ord. 2455 §1, 1944).

8.08.020 Restaurants permitted to operate

From and after six months from the date on which this chapter takes effect no restaurants shall be operated within the city or its police jurisdiction, except grade A, grade B, or approved itinerant restaurants; provided, that when any restaurant fails to qualify for any of these grades the health officer is authorized to suspend the permit or in lieu thereof to degrade the restaurant and permit its operation during a temporary period not exceeding thirty days.

(Ord. 2455 §2 1944).

8.08.030 Food handler’s courses of instruction

It is compulsory for all food handlers to attend any such instruction courses for food handlers that may be provided by the health officer.

(Ord. 2455 §3, 1944).

8.08.040 Emergency power to modify chapter

In the event of any local emergency affecting the compliance with this chapter or any parts of the chapter the board of health of the city may modify the chapter or the parts of the chapter for the duration of the emergency.

(Ord. 2455 §4, 1944).

8.08.050 Repealer and effective date

All ordinances and parts of ordinances in conflict with this chapter are repealed; and this chapter shall take effect June 16, 1944, upon its adoption and publication.

(Ord. 2455 §6, 1944).

8.08.060 Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 8061 §24, 2001; Ord. 2455 §5, 1944).