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123~ r ORDINANCE N0. 123 U. S. PUBLIC HEALTH SERVICE ORDINANCE REGULATION EATING AND DRINKING ESTABLISHMENTS An ordinance defining restaurants itinerant restaurant, employee utensils health officers etc. requiring permits for the operation of such establishments prohibiting the sale of adulterated un- wholesome or misbranded food or drinks regulating the inspection of such establishments the enforcement of this ordinances and the fixing of penalties. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS AS FOLLOWSs SECTION 1. DEFINITIONS. The following definitions shall apply in the interpretation and the enforcement of this ordinance, A. RESTAURANT. The term "restaurant" shall mean restaurant coffee shops cafeterias short order cafes luncheonettes tavern sandwich stands soda fountain, and all other eating or drinking establishments as well as kitbh+~ns or other places in which food or drink is prepared for sale e~.sewhere. B. ITINERANT RESTAURANT. The term "itinerant restaurant" shall mean one operating for a temporary period in connection with a fairy carnivals circus public exhibitions or other simi- lar gathering. C. EMPLOYEE. The term "employee" shall mean any person who handles food or drink during preparation or servings or who comes in contact with any eating or cooking utensils or who is employed in a room in which food or drink is prepared or served. D. TENS L "Utensils" shall include any kitchenware tableware glassware cutlery utensils containers or other "" equipment with which food or drink comes in contact during storages preparations or serving. E. HEALTH OFFICER. The term "health officer" shall mean the Health Officer of Crittenden County or his authorized represent- ative. F. PERSON. The word "person" shall mean any persons firm corporations or association. SE.,CT_ ION 2• PMTS. It shall be unlawful for any person to operate a restaurant in the city of tNest Memphis who does not possess an unrevoked permit from the health officer. Such permit shall be posted in a conspicuous place. Only persons who comply with the requirements of this ordinance shall be entitled to receive and retain such a permit. A person conducting an itinerant restaurant shall also be required to secure a permit. Such a permit may be temporarily suspended by the health officer upon the violation by the holder of any of the terms of this ordinance, or revoked after an opportunity for a hearing by the health officer upon serious or repeated violation. SECTION 3. EXAMINATION AND CONDEMNATION OF UNV~iOLESOME OR ADULTERATED FOOD OR DRINK. Samples of foods drink and other substances may be taken and examined by the health officer as often as may be necessary for the detection of unwholesomeness or adulteration. The health officer may condemn and forbid the sale of~ or cause to be removed or destroyed any food or drink which is unwholesome or adulterated. SECTION 4. INSPECTION OF RESTAURANTS. At least once every s month the health officer shall inspect every restaurant located with- in th.e city of hest Memphis. In case the health officer discovers the violation of any item of sanitation, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this ordinance. Any violation of the same item of this ordinance on such second inspection shall call for immediate suspension of permit. One copy of the inspection report shall be posted by the health officer upon an inside wall of the restaurant, and said ins- pection report shall not be defaced o.r removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health department. The person operating the restaurant shall upon request of the '" health officer permit access to all parts of the establishment and shall permit copying any or all records of food purchased. SECTION 5. SANITATION REOUIRE____MENTS. All restaurants shall comply with all of the following items of sanitation. Item 1. FLOORS. 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, and shall be kept clean and in good repair. Item 2. BALLS AND CEILINGS. falls 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 finished in light color. 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. Item 3. DOORS AND WINDOWS When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies. Item 4. LIGHTING. All rooms in which food or drink is stored or prepared, or served, or in which utensils are washed shall be well lighted. Item 5. VENTILATION. All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed shall be well ventilated. Item 6. TOILET FACILITIES. Every restaurant shall be pro- vided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinance of the city .of West Memphis. In restaurants hereafter constructed toilet rooms shall not open directly into any room in which food, drink, or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees. Item 7. WATER SUPPLY. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate, and of a safes sanitary quality. Item 8. LAV~ FACILITIES. Adequate and convenient hand- washing facilities shall_be provided including hot and cold running watery soap, and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. Item 9. CONSTRUCTION OF UTENSILS AND_E©UTPMENT. 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 shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadium or lead shall not be used: Provided, that the solder containing lead may be used for jointing. Item 10. CL N NG AND BACTERI_,_ CIDAL TREATMENT Q~ j~,+NS L~ AND E9UI___-~_PMEN_T, All equipment, including display cases or windo~s, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, insects, and other contaminating. material. All .cloths used by waiters, chefs, and other employees shall be clean. Single-service containers shall be used only once. All multi-use eating and drinking utensils shall be thor- oughly cleaned and effectively subjected to an approved bact- ericidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thor- oughly cleaned and effectively subjected to an approved bact- ericidal process immediately following the day's operation. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleansing or polishing of utensils. Item 11. STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT. After bactericidal treatment utensils shall be stored in a clean dry place protected from flies, dust, and other contamination and shall be handled in such a manner as to prevent contaminat- ion as far as practicable. Single-service utensils shall be pur- chased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sani- tary manner. Item 12. DISPOSAL OF WASTES. All wastes shall be properly disposed of~ and all garbage and trash shall be kept in suitable receptacles, in such manner as not to became a nuisance. Item 13. REFRIGERATION. All readily perishable food and drink shall be kept at or below 50° F. except when being prepared or served. Waste water from refrigeration equipment shall be properly .disposed of. Item 14. WHOLESOMENESS OF FOOD AND DRINK. All food and ' drink shall be cleans wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispenser approved for such service. All oysters clams and mussels shall be from approved sources and if shucked shall be kept until used in the containers in whi~ch'~-t~iey ~rere~ placed at the shucking plant. ''~r Item 15. STORAGE. DISPLAY, AND SERVING OF FOOD~IND DRINK. All food and drink shall be so stored, displayed, and `fir served as to be protected from dust, flies, varmin, depredation and pollution by rodents, unnecessary handlings droplet infect- ion, overhead leakage, and other contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches, and rodents shall be ased. Item 16. CLEANLINESS OF EMPLOYEES. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared. Item 1~. MISCELLANEOUS. The premises of all restaurants shall '~ be kept clean and free of litter or rubbish. None of the oper- ations connected with a restaurant shall be conducted in,,Yany room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. ` ITINERANT REST URANTS. Itinerant restaurants shall be cons- tructed and operated in an approved manner. SECTION 7. - and of to 9~/ ~ /y~ ~ j no restaurant shall be operated within the"city of 9Vest Memphis or its police jurisdiction, unless it `fir' conforms tivith the regt;.irer_en-1;s c>f this or?in._n.ce; .~orvi.:ae.~, '-?I::t t~rr,;~n ~zr_y restaurant fails to qualify tree he;:itlt offlce•r. is ,:.'- o.ri~:ed ';o susp~ncl thc~ i 'S'.~i t SPCtion ~... ~.i',~.~,~i-~i~~i_;!'v'`~ ~ ~u:s'1'. :ini r(:• u'~.Ur;;.Ilt '.'7~1tJ5e ,?errrlt h~S ,..,~Ii suspended m_a.y at <xny tune I..~ke a_.>lic~~.ti~~n .for ~;?is _^i.nst tt.:nnt oa'' -',; he ~~er~ni_t. i'i.thi.n CnC L^?c^.ek ::;ft~'r file r~~CP.,lpt Of' S~atLSf" ~ctcrr `lip li.^~1t~.On, <iC''.OrRj?ai.nEd ~7~7 3 St %_~iEsllt SiF`i1Pd ~" ttie z` ~;iC~11't t0 '._.G e'fect *~_~_~t ~.a2= vT10Z'_'tJd .;,`rbViSl02 Cr rrovisions cf this ordinance i.tve peen canfor;~.~:d , itii, t~;e ile_lth officer sh~.l1 _^::al'ze 3 rc'iTi5~'eCtloil, ;nd tY7.S'eaftei :'S iu'Zly CtdditiOllF';~ r~'113:CCt1.02'iS aS ire i'1'=.'4 dEem iieCeSS;ry t0 ~^S3UT'8 hli:1S£Zf '~~l~~.t th' ~ '1;Zi =I't i 5 `x.!;.`?ill Cv~tl~i_~-ins; ?i?1.tYi tha reCyv.lr8-- iiiC2itS, :1':u In C3:8 ~ llr' fl?d _ *S i.n<1i C.; ~., C 1 '? :____"_C~~' r.`,ra'tl. ~" ^.t ' o:~~ , ~ ~~,ln~-tom e tale i:~erlnit. ;action 9. :~~ ~ , -~,,,-. _ a ,_ , Vic,.-„~L '"0~.~~.GL:~ l a }~~'rs<~n sh:,ll _ :lob-aa to ;~.:.~nd~e food or t :'rink for tj1e j~U}JliC t~i'at 'fir ^_.,7 ,'Ot 'il<:<~~ ~ !,p ,,l 1 ~`-T'tifiC':'"e + f i al:~roved '{nd cour~ ~ar- S ;-re;d ',~y t~'iC Yie.~.~"f 'flcr. ~ __., ;,,.'.~ th ..'rt1~~C=:~C `iI`' i t': .. C?, d ~V°ry S17C 1. rn.- re -. I''t0]"t iS• 1':Ci T1F?rS:7n .-_-~^ l."?. 3"'n~.n±~~ t ~ ~"1 ~I''~ '_.~;. , i.i' . ^:7 .'17ic, i'.''~.E S~l".c:f'C Or 1S ,. _ yy, s:A ~~., c-.~'rl Fsr al '~u~^, Ii C11 a* '"r ;~'1"'.Z1. +1'"~'~ 1.r _-~ ~ r`_.C I-" .r. .~ , ~. ?~.o r ~'}%i L~1"~Zit S:A .'. ~.~ S a,. ...,. .,.~.," P•~ ~ r3~r ~lv St]C i' ""t9~21 _~ .~,; .. n ~ - :~. C, `<-;t~ 1 }'~ _ ii:~r ~ ~a rv ,. -. _ r: n trier ~.~.~ ~.,, a .~ ,L~~y:.-.~ l - mil,-' I1~1 :~.,..;ip (1~ G(, rt `:?~~ i^I;ri ..a'`I i.~i'"~ iii .ii C .,.. L1.L ... :mil ~i: al.ri 7. C. ~=1.~~_~ 1- r .. ;. ~ ~ .,, Orlll O -..S :~.^..,~ilc' i '"r l"' C?~ ,'1, a 7' _~;~, hh ~• .il.l :~.c~ti ~y -,`h,= itt, .;.tjl ;} ^~'ic:r !, 1~;r!12+:.1; :,c:1y• .1 -~ .G'?r(~ CC?nt'.1i11L ..<~ ,-~ntiCn a~-;~_~ :nr -i;~"'d in '.11. tO~.l~.t :0.:! . >:CtlOn 1.Q• l~l7L~'~.~u.. ,._~ .L1ii..L~ililY .ice N ;:>l,.;a';:;G~:.~.i:,i~ 1. ..t1C~n v_51:7Ci.o2l. '_'7_S~~^a -J.u t0 +`lc ~U.°' '')3133'"~T f t:` ,r'~i::? ..1Ji: )f Ii~,'GCtioil frJr;I ''.Ti" r-3:.>~.aU":Yit E' ~~f t" +he y "' ~ , 'le~lth offiet:r is authorized to require any or all of the following measures; (1) The immediate ez~lusion of the employee from all res- taurants~ (2) The immediate closing of the restaurant con- ~ cerned until no further danger of disease outbreak exists in the opinion of the health officers (3) Adequate medical examinat- ions of the employee and of his associates with such labora- tort' examinations as may be indicated. Section 11. ENFORCEMET~TT INTERPRETATION. This ordinance shall be enforced by the health officer in accordance with the interpretation thereof contained in the 1943 edition of the U.S. Public Health Service Code Regulating Eating and Drinking Estab- lishments~ a certified. copy of which shall be on file at the City Clerk's off ice. Section 12. PENALTIES. Any person who violates any provis- ion of this ordinance shall be fined not more than / ~ ~ ~ at the discretion of the court having jurisdiction. Each and every violation of the provisions of this ordinance shall cons- titute a separate offense. Section 13. REPEAL AND DATE OF EFFECT. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed a d this ordinance shall be in full force and effect Dic. ~- / / l 5/ n ~r+A i+~ r, lir+atinn srsi.u V Section 14. UNCONSTITUTIONALITY CLAUSE. Should any section paragraphs clauses or phrase of this ordinance be declared uncon- stitutional or invalid for any reason, the remainder of said ordinance shall not be effected thereby. .~ -~ ,~r PASS ~D AT:~D APPROVt.~D ON TH ll~;h DAY OF SEPT%uu1~1R, 1946. ~~ G' / ~, off/ ~.-~--C~Q.~ Tv~~YOR mmt~b .L ZJ~ ~~ ~~/ ~ CITY CT~R~ /"T