Chapter 4.24
FOOD DISPENSING

Sections:

4.24.010    Definitions.

4.24.020    Permit required – Suspension, grounds.

4.24.030    Inspection – Posting of report.

4.24.040    Sanitation requirements – Building floors.

4.24.050    Same – Walls and ceilings.

4.24.060    Same – Doors and windows.

4.24.070    Same – Lighting.

4.24.080    Same – Ventilation.

4.24.090    Same – Toilet facilities.

4.24.100    Same – Water supply.

4.24.110    Same – Lavatory facilities.

4.24.120    Same – Utensils and equipment – Standards.

4.24.130    Same – Sterilizing equipment – Utensils.

4.24.140    Same – Storage, handling after sterilization.

4.24.150    Same – Garbage disposal.

4.24.160    Same – Refrigeration.

4.24.170    Same – Wholesome food – Only.

4.24.180    Same – Storage – Display of food.

4.24.190    Same – Employees – Cleanliness.

4.24.200    Same – Premises – Lockers – Clothing – Rules – Miscellaneous.

4.24.210    Same – Living, sleeping quarters – Prohibited.

4.24.220    Itinerant restaurants – Rules and regulations.

4.24.230    Exceptions – Date of effect of chapter.

4.24.240    Permit – Reinstatement.

4.24.250    Diseases – Communicable – Notice.

4.24.260    Diseases – Procedure when suspected.

4.24.270    Enforcement – Duties of health officer.

4.24.280    Violations – Penalties.

4.24.290    Severability.

4.24.010 Definitions.

The following definitions shall apply in the interpretation and the enforcement of this chapter or these rules and regulations.

(1) “Restaurant” shall mean any place where food and drink is served or provided for the public with or without charge; such as hotels, restaurants, cafes, cafeterias, boarding houses, street vendors or stalls; private, public, parochial, or Sunday schools; churches and public institutions; and railway stations and recreational and labor camps.

(2) “Drinking place” shall mean any place where drink is served to or provided for the public with or without charge, such as bars, taverns, and soda fountains.

(3) “Itinerant restaurant” or “itinerant drinking place” shall mean one operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.

(4) “Grocery” “food market,” or “meat market” shall mean 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, the term “restaurant” may/shall apply to groceries, food markets, and meat markets. This section shall not be interpreted to include slaughterhouses.

(5) “Employee” shall mean any person working in any of the establishments defined in subsections (1), (2), (3), and (4) 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.

(6) “Utensils” shall include any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation or serving.

(7) “Health officer” shall mean the city health officer as defined in RCW 70.04.030 or 70.04.020 or his authorized representative.

(8) “Person” shall mean person, firm, corporation, partnership, or association. (Ord. 1006 § 1, 1942)

4.24.020 Permit required – Suspension, grounds.

It shall be unlawful for any person to operate a restaurant, an itinerant restaurant, or drinking place in the city of Wenatchee who does not possess an unrevoked permit from the health officer, and in whose place of business such permit is not posted in a conspicuous place. Only persons who comply with the requirements of this chapter or rules and regulations shall be entitled to receive and retain such permit.

Such 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 rules and regulations. (Ord. 1006 § 2, 1942)

4.24.030 Inspection – Posting of report.

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 said 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. (Ord. 1006 § 3, 1942)

4.24.040 Sanitation requirements – Building floors.

All restaurants and drinking places shall comply with all of the following items of sanitation (WCC 4.24.040 through 4.24.210 inclusive).

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 to be easily 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. 1006 § 4, 1942)

4.24.050 Same – 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 shall be deemed a violation of this section and shall be sufficient cause to require additional impervious surfacing. (Ord. 1006 § 4, 1942)

4.24.060 Same – 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 or a sufficient power to prevent the entrance of flies shall be in use at all otherwise ineffectively screened openings. (Ord. 1006 § 4, 1942)

4.24.070 Same – 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 a least 10 foot-candles 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. 1006 § 4, 1942)

4.24.080 Same – 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. 1006 § 4, 1942)

4.24.090 Same – Toilet facilities.

Every restaurant and drinking place shall be provided with adequate and conveniently located toilet facilities on the premises for its employees, conforming with any local ordinances which are in effect. The doors of all toilet rooms shall be self-closing. Booths open at the top shall not qualify as adequate toilet rooms. 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. In case privies or earth closets are permitted and used, they shall be separate from the restaurant or drinking place building and shall be of sanitary types, constructed and operated in conformity with the Rules and Regulations of the State Board of Health. (Ord. 1006 § 4, 1942)

4.24.100 Same – Water supply.

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.

(1) 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 or which is so situated or constructed that it may become polluted in any manner that may render such water supply injurious to health.

(2) 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. 1006 § 4, 1942)

4.24.110 Same – Lavatory facilities.

Adequate and convenient hand washing 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. 1006 § 4, 1942)

4.24.120 Same – Utensils and equipment – Standards.

All multiuse 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 to be easily cleaned and shall be kept clean and in good repair. All surfaces or multiuse utensils and equipment with which food or drink comes in contact, shall be free of breaks, corrosion, open seams, cracks, and chipped places. (Ord. 1006 § 4, 1942)

4.24.130 Same – Sterilizing equipment – Utensils.

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 multiuse eating and drinking utensils shall be cleaned after each usage, and all multiuse 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 pre-rinsing, followed by washing in warm water, 110× degrees Fahrenheit to 120× degrees Fahrenheit, containing an adequate amount of any 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:

Method I. 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.

Method II. 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 its 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.

Method III. Dishwashing Machines. When dishwashing machines are employed, utensils should be pre-rinsed before being placed in the dishwashing machine. The health officer shall specify the wash water temperature. The period of exposure to rinse water shall be two minutes. and the temperature of rinse water shall be maintained at 170 degrees Fahrenheit, or 15 seconds exposure to live steam.

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 I or Method III may well be employed on such tableware.

Single-service containers shall be used only once. (Ord. 1006 § 4, 1942)

4.24.140 Same – Storage, handling after sterilization.

After bactericidal treatment, no utensils 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 a 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. (Ord. 1006 § 4, 1942)

4.24.150 Same – Garbage 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 I, 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. 1006 § 4, 1942)

4.24.160 Same – Refrigeration.

All readily perishable food or drink 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 with the sewer. (Ord. 1006 § 4, 1942)

4.24.170 Same – Wholesome food – Only.

All food and drink shall be wholesome and free from spoilage, and comply with all existing state laws, rules, and regulations. (Ord. 1006 § 4, 1942)

4.24.180 Same – Storage – Display of food.

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 item. 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, and all means necessary for the elimination of flies, other insects, vermin, and rodents shall be used. (Ord. 1006 § 4, 1942)

4.24.190 Same – 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 to adequately prevent contamination of food, drink, utensils and equipment with dirt, filth, and unserved food particles. (Ord. 1006 § 4, 1942)

4.24.200 Same – Premises – Lockers – Clothing – Rules – Miscellaneous.

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. (Ord. 1006 § 4, 1942)

4.24.210 Same – Living, sleeping quarters – Prohibited.

None of the operations connected with a restaurant or drinking place shall be conducted in any room used as a living or sleeping quarters. (Ord. 1006 § 4, 1942)

4.24.220 Itinerant restaurants – Rules and regulations.

Itinerant restaurants and drinking places shall be constructed and operated in a manner approved by the health officer. 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 a tightly covered, water-tight container 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 Fahrenheit or below shall be provided.

(3) 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.

(4) 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. 1006 § 5, 1942)

4.24.230 Exceptions – Date of effect of chapter.

From and after 15 days from the date on which this chapter or rules and regulations take effect, no restaurant or drinking place shall be operated within the city of Wenatchee or its police jurisdiction unless it conforms with the requirements of this chapter or rules and regulations; provided, that when any restaurant or drinking place fails to qualify, the health officer is authorized to revoke the permit or, in lieu thereof, to permit its operation during a temporary period not exceeding 30 days. (Ord. 1006 § 6, 1942)

4.24.240 Permit – Reinstatement.

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 finding indicate compliance, shall reinstate the permit. (Ord. 1006 § 7, 1942)

4.24.250 Diseases – Communicable – Notice.

Notice shall be sent to the health officer immediately by the restaurant manager or by the employee concerned if he or any employee contracts any infectious, contagious, or communicable disease, or has a fever, a skin eruption, a cough lasting more than three weeks or any other suspicious symptoms. It shall be the duty of the employee to notify the restaurant manager immediately when any of said conditions obtain, and if neither the manager nor the employee concerned notified the health officer immediately when any of the 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. 1006 § 8, 1942)

4.24.260 Diseases – Procedure when suspected.

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:

(1) The immediate exclusion of the employee from all restaurants;

(2) Immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer;

(3) Adequate medical examinations of the employee and of his associates with such laboratory examinations as may be required or indicated. (Ord. 1006 § 9, 1942)

4.24.270 Enforcement – Duties of health officer.

It shall be the duty of the health officer to enforce the provisions of this ordinance or rules and regulations and in the performance of this duty the city health officer or his duly authorized agent is hereby authorized to enter, at any reasonable hour, any premises as may be necessary in the enforcement of this chapter or these rules and regulations. (Ord. 1006 § 10, 1942)

4.24.280 Violations – Penalties.

In addition to any other penalties provided herein, any person who shall violate or fail to comply with any of the provisions of this ordinance or who shall counsel, aid, or abet any such violation or failure to comply shall be deemed guilty of a misdemeanor, and shall be punished by a fine in any sum not exceeding $100.00, or by imprisonment in the city jail for a term not exceeding 30 days; or by both fine and imprisonment.

Each day of operation in violation of this ordinance shall be considered a separate and distinct crime and punishable as such. (Ord. 1006 § 11, 1942)

4.24.290 Severability.

If any of the provisions of this chapter are held invalid, or unconstitutional, the remainder of the chapter shall not be affected thereby. (Ord. 1006 § 12, 1942)