Chapter 5.44
RESTAURANTS
Sections:
5.44.030 Inspection and grading required.
5.44.040 Grading and grade cards.
5.44.050 Violation—Permit revocation.
5.44.010 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
“Health officer” means the health officer of the city or such other person or persons as are duly authorized by law to perform the duties of the office of the health officer for the city.
“Itinerant restaurant” means any restaurant, operating from temporary facilities, serving, offering for sale, selling or giving away food or beverage, and includes, but is not limited to, a restaurant where only wrapped sandwiches or other wrapped and packaged, ready-to-eat foods are served, and any mobile unit on which food is prepared and served.
“Restaurant” means any coffeeshop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, and any other eating establishment, organization, club, including veteran’s club, boardinghouse, guesthouse, or political subdivision, which gives, sells, or offers for sale, food to the public, guests, patrons or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. The term “restaurant” shall not include itinerant restaurants, vending machines, vehicles, cooperative arrangements by employees who purchase food or beverages for their own consumption and where no employee is assigned full-time to care for or operate equipment used in such arrangement, or private homes; nor shall the term “restaurant” include churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, social, political or educational nature, which purchase food, food products or beverages, for service without charge to their members, or for service or sale at a reasonable charge to their members, or to the general public at occasional fundraising events, for consumption on or off the premises at which the food, food products or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full-time to care for or operate equipment used in such arrangement. (Prior code § 5.72.010)
5.44.020 Permit requirements.
No person shall operate a restaurant without a valid permit issued by the health officer. Application for a permit shall be made to the health officer upon a form provided by him or her, and shall be accompanied by a fee as required. A permit may be granted at any time during year, but all permits shall expire annually on the thirty-first day of December, and shall be renewed within thirty (30) days thereafter. No permit shall be issued unless the restaurant complies with the minimum requirements of the laws of the state and this chapter. (Prior code § 5.72.020)
5.44.030 Inspection and grading required.
A. The health officer shall inspect and grade each restaurant in the city from time to time as he or she deems proper, and shall inspect and grade any restaurant within five days after written demand therefor by the owner, operator or person in charge of any restaurant which received a grade of less than ninety (90) percent on the last inspection.
B. The record of each inspection and the computation and determination of each grading of each restaurant shall be signed by the health officer or his or her deputy or authorized inspector. A signed copy of such record shall be delivered personally to the owner, operator or person in charge of the restaurant inspected. (Prior code § 5.72.030)
5.44.040 Grading and grade cards.
A. All restaurants shall be inspected and graded uniformly by the health officer in conformity with the score card attached to the ordinance codified in this chapter, on file in the office of the city clerk, and by this reference made a part of this chapter.
B. The grade of each restaurant shall be computed and determined by adding together the scores attained for “Equipment” and “Methods” on the score card and then dividing the sum by two. The grade of each restaurant shall be evidenced by the posting of a grade card bearing a letter, “A,” “B” or “C.” The letter “A” shall indicate a grade of ninety (90) percent or higher. The letter “B” shall indicate a grade of less than ninety (90) percent, but not less than eighty (80) percent. The letter “C” shall indicate a grade of less than eighty (80) percent.
C. The grade card shall be provided by the health officer, and shall be of dimensions of not more than nine inches by eleven (11) inches, and the grade letter shall not be more than five inches in height. Grade “A” cards shall be printed in blue, grade “B” cards in green, grade “C”cards in red, all on white stock.
D. The grade card shall be posted in a conspicuous place selected by the health officer at or near each entrance to the restaurant used by its patrons, and shall be removed only by the health officer; provided, however, private schools shall not be required to post a grade card. (Prior code § 5.72.040)
5.44.050 Violation—Permit revocation.
A. The continued operation of a restaurant which has received a grade of less than eighty (80) percent is not in the public interest and creates a potential danger to the public health and welfare.
B. The health officer shall revoke the permit of any restaurant that does not receive a grade of eighty (80) percent or higher within thirty (30) days after service of written notice. Such written notice is sufficient if it specifies the equipment and methods that are deficient, and is delivered or mailed to the owner, operator or person in charge of the restaurant at the address of the restaurant shown on the permit. (Prior code § 5.72.050)
5.44.060 Violation—Penalty.
A. Any person violating any of the provisions of this chapter is guilty of an infraction and upon conviction thereof shall be punished by:
1. A fine not exceeding fifty dollars ($50.00) for the first violation;
2. A fine not exceeding one hundred dollars ($100.00) for the second violation within one year;
3. A fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within one year.
B. Each day such violation is committed or permitted to continue shall constitute a separate offense. (Prior code § 5.72.060)