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161_---- ~ ~- - ~~' «~.., s'~. . ,~. QRDIlJANCE N0. /~ / AN ORDINANCE DEFINING RE'S TAUFtANI' , IT INERANI' RESTAURANT , EMPLOYEE , UTENSILS , HEALTH OFFICER, ETC., REQUIRING PERMITS Z+C)R THE OPERATION OF SUCH ESTABLISF~TENTS, PROHIBITING THE SALE OF ADULTERATED, UNNIHOLESOME OR ~r' MISBRANDED FOOD C~2 DRINK, REGULATING THE IlVSPECTION OF SUCH ESTABLISI~tTS, REQUIRING EMPLOYEES OF RESTAURAI~~'PS TO HAVE HEALTH CERTIFICATES, ffiTABLISHING A GRADING .SYSTEM, THE ENI'ORCEP,~NT OF THIS ORDINANCE, AND THE FIXING OF PENALTIES. BE IT URDAItuLD BY THE CITY COUI'VCIL OF TIi~ CI~1'Y (~F WEST I~'iLMPHIS, ARKAidSAS ~LCTI4N J--- DEF'INITIONB. The folloxing definitions shall apply in the interpretation and the enforcement of this ordinance. A. RESTAURANT. The term "restaurant" shall mean restaurant, coffee shop, oaf eteria, short order cafe, luncheonette, tavern, sandwich stand,~soda fountain, and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale elsewhere. B. ITINERANT RESTAURANT. The term "itinerant restaurant; shall mean one operating for a temporary period in connection with a fair, carnival,, circus, public exhibition, or other similar gathering. ~. EMPLOYEE. The term "Employee" shall mean any person who ha.ndlea food or drink during preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in a room in which food or drink is prepered or served. D. UTENSILS. "Utensilsp shall 'include any kitchenware, tableware, glassware, t3utlery, utensils, containers, or other equipment with which food or drink comes in contact durir~ storage, preparation, or serving. E. HEALTH OFFICER. The term "health officers shall mean the Health Officer of Crittenden Oounty or hi$ authorized representative. ,^ '` - `~, F. PERSON. The word. "peraon`~" ehala meat say perecn~~ - . ~ firm, corporation, or aasaciation. - _ '. i ,ti ~, - ,~_.. U .. - SECTION ~ PEHMITB. It shall be unlawful for nay person to operate a restaurant in the City of Nest Memphis who does not possess an nnrevoked permit from the health officer. Such permit shall be posted in a conspiououe plsoe. Only persons who comply with the requirements of this ordinanoe shall be entitled to receive and retain such a permit. A parson oondncting as itinerant restaurant shall ~. also be required to seaure_a permit.F~' _ _ -~- - _ _ ugh a:p ~ ma9. a tempora$ily suapende8 by the health offeer upon the violation by the''holder of any of the terms ' of thi.e ordiaaaoe, or revoked after an o~ortunity for a `~ hearing by the health offioer upon serious or repeated violation. -__.._~__ __-_- gEpTION ~ EXAMIDTATION AND -CONDEl3NATION OF UN4IHOLE~30ME OR ADULTERATED FOOD OR DRINS. f 8amplee of food, drin8 and other aubetanoee may be taken • and examined by the health offioer as often as may be neoeeeary for the 8eteotion of unwholeeomenees or adulteration. The health offioer may condemn and forbid the sale of, or gauss to be removed or destroyed, any food or drink which 1s uawholasome or adulterated. pLACAHI3IPG OR p4$I;IC DISPTdY OF"f&Df!]E'NUJzI~+ ~~" ~. '~'~-syatan~st email diaplay,at s11 timea?'in a plaee designated by the. health;. nillaer, a aotiae approved by the health olYlaer, stating the 8reds,;`of the astnblfehment. u~= -- -- -- (, • __ . _ --- ,ggpLT{gq g„ '~ CTIfd6 OF F~FSTAARA~: `''•~ •Isaet once,avary 6 mantha "llealyT~ of iced sha1T inspect every resLaurant.looated within She ,::`z: City of West ~dgla~hl8'. Ia?*aeae the,;}tealth offioer disoovare the violation -_ of any'item of sanitetiom required"for the grade thea.held, he shall ..:::make a eeooad inapeotiaai after the lapse of such time as he,.daemenaoeesary = °for the deizeet ta'be remedied, and the second iaepeotioa shall be vsad is datermiata`g +acmplianoe orlth~~t~ grade`.regiiireaenta of this 6rdinanee. ,.~v violation oi-tlte:aemn item of"'tliis ordinanoe on euoh aeooad' iuspeotioa shall Dell for immediate degrading or auspansion of permit, ~~ Oae•oopy of the inspection report. .shall be posted by the health officer upon ea inside wall of the restaurant, and said anepeotion report shall not be defaoed or removed by anq person except the health offioer. Another Dopy of `' the inspection report shall be filed with the records of the health department. Any parson operating a restaurant in the City of Weat Memphis shall, upon request of the health officer, permit access to all • parts oP the establishment for purposes oY making en inspection of said building and equipment. Whenever the health officer shall have reason to believe that the food served is any restaurant dose not meet the health require- ments, he may demand a right to inspect any and all records of food purchased sad to copy any reoords which he deems necessary. V SECTION ~ THE GRADING= OF RESTAURANTS. The R,rading of all restaurants shall be based upon the following standards. Sanitation requirements for gr4~d.e A r®staurants. - All grade A restaurants shall carnply with all the follo~ring items of sanitation, t, .~ Item 1. H'LOOR$. The floors of all rooms in which -food or drink i~ stored, prepared;. or served, or II which uteuaile 11~~ washed, shall be " o'f such eandtr~ion ad` to be essitj~'' - "~ eleaued, ahaII Tie gmooth, Bad ehalj: `~~be kept clean and.3lFt gAOd repair ~ Item 2. WALLa3 AND CEII.IN48 Walla .and ` ceilings of all rooms shall ' ~ be kept clean and in good repair All walls and cellingtl o! 'rooms in W~~! food or drink ie stored or prepared` shall be 2lniahed in light color, TlfB walls of all rooms in which lood o'r' drink is prepared or utensils are' was}yed shall have a smooth, washable- aurface° up to the level reached by splash or spray. Item S. DOORS AND WINDOWS. When ~Hes are prevalent, all open- into the outer -sir .,sue be ef- fectivel~L,.acrrBned hAd doors. shall Abe salt-closing, unless otter effeotive~ means are provided ta' prevent the , entrancse of ~#es. ~ Item 4 L~CiHTING, ;11 rooms in` which food or' drink is stored or pre- . pared, or ~srved, or in wl~oh utensils ai~iC washed. ahalI be wolf lighted. ite.n b. VENTILATIOTt. Atl rooms are washed, shall be webs:-ventilated. ~ Itel.u~ 8. TOILET B'ACILITIE$. Every re~aurant sha.i provided with adequate and con~~niently lo- sated toilet facilities fo,~its gmglay- ees, eonform;ng with the ordinaace . i -of_.the--City''of-i~Vest phis, ,fin. rhetaurants hereafter co~trueted toi- let `rooms shall not opert direcn--_ to any room in whkh fQ~,.dz. or~ { ,., utensils are handled toned. ',~'he ~; -doors of all toi~ex' ro~ahall bb amt a r closing. Toilet rooms ~„jl;#,be kept ~ in a clean condaion, ~in`• gAOd repair, and well lighted and 'ventilated. Hand-washing signs shah be posted in eacl``'~ilet room used 6y emplo- yeee. ! Ibsen 7. WATER SUPPLY. Run- ning: water under pressure shall be eaally accessible to all roonns in which food is prepared o~ utensls are washed, and the water supply shall ~ be adequate, and of a safe, sanitary quality. ~ Itean 8. I,AVATOR `` A'ACILITIE$. ,Adequa~e :~ . ll conv8~ent end-v"~adh- " ing facilities shall be provided, in- t eluding hot and cold<zrunning water, soap, and. approved unitary towels. The use of a common -towel ie pro- hibited. No employee shall resume , work after using.. tiles toilet robin t without liret• washing his hands. Item 9. CAN$Z'ftUCTIOI~T OF UTENSILS A~TD EQUIPMZ£NT. All ` multi-use utensils and all show and de{Slay cases or wintlowa, counters, shelves, tables, refrigerating equip- merit, sinks,. and other equipment or utensils aired in conndetion with the operation of_a restaurant shall be so constructed as to be easily cleaned and shall be kept' itt goad repair. iTtensils containing or plated- with esdium or lead shall not be used: Provided, that the sob~der. containing . lead may be used fof~: jointing. Item, 10. CLEANING AND SAC- a TERIAL TREATMENT OF,a.. U~'EN- ; SIL$ 'AND EQUIPMENT. 'eequip-1 Wit, including diaplay4caa8s or wis-- - "~'; "I~e~m 17. MIBCEL NEON. The ' premises of all restaurants shall be kept clean and tree' o! litter or rul~- r bish. None of -the ,operations con= nected with a restaurant shaA be conducted in any room used as living ,or sleeping quax'ters. Adequate lock- ers or dressing rooms shall be Pro" `` vided for eimployees' c>pthing and 1 s2ssil be .kept clean:.. Moiled linens, ', coats, and aprons shall be kept in 1 containers provided for this Pe~ ITINEIiAN1' ~sTAtJKAN~&. Iti- { nerant restaurants sha.l be construct- ~` ed and operated'in an apporved man- !f` ner. _ Grade'B restaurants. - Grade B restaurants are those which fail to ca~nply with item 1, 2, 4, 5 or 17, but which conform ti^rith all other items of sanitation required for grade A restaurants. r Grade Crestaurants. - Grade C restaurants are those which fail to comply with either the grade A or the grade B requirements. SFCTIODT 7. ~RA83ffi OF RESTA~ ~fFiICH 14~AY OPFItAT~. -From and. after ., ; ~ 12 Mont fresli the date c~a3 wh ch this Ordinance takes effect no restaurant shall°'be eperated within the. City oP West Memphis, or its police ~urisaiotion~ unlese~it conforms with the grade A, or grade B, ~ or approv~gd itinerant. r®ist~;u~ax~t requ~rementa of this. ordinance: Provided! That v~`hal a~ reat~urant fads , to quality for any oi' these ~rados the health ot'~icer ie ,aut~sori~d to suspend the permit or in 11su thereof' to degrade the restaurant and permit its operation dur~sg _~a..te.°ra~r .rind not eacesding~~~ys. .._..,.. S~CTI(~RT ,8 - REIlBSTATEC?iII~IT OF PEF~~iIT; SUPPI~~IENI'AF1Y RF~GRADING. - Any x~estauaant the grade of which has been lowered and all grade displays -- have been changed accordingly, or the permit of E~hich has been suspended map at any time make application for regrading or the -,~.~, ...reinstatement of the permit. ~ ~ - Within one week tar the ~ rda~'Pt~ of a-:r-atieta~tor~ application, aceompained by a etats- meat eigae8 by the applicants ~ the effect that the violated pro'ision ds" provieioi~e~ of t'he ordinance have bees eonfermei with, the health ottice~"shall make a reinspection, and there- after .as lawny additi©nal reinepeetions ae he ma' deem neces~ry ,, ~ to aegure himself that the applicant is again complying Frith j - ---- - the higher grade requirements,;and, is case the findings ind~ate eoffipliance, S aha7.1 award the higher grade or reinstate the permit. SECTION 9, DISEASE CONTROL. No person shall be employed to handle food or drink for the public that does not have a health certificate showing a physical examination by a physician, legally licensed in Arkansas to practice medidine, to determine the presence of any disease in a eoammanicat~le stag®. The health certificate shall be renewed each six (6) months. ~ No person who is affected with any disease in a carrnuunicable state or is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any such person ar any person suspected of being affected with any disease in a communicable form or of being a carrier oi' such disease. If the restaurant manager suspects that any employes has contracted any disease in a communicable Porm or has become a carrier of such disease, he shall notify the health officer immediately. A placard. containing this section shall be posted in all toilet rooms. _ _ ._ --- SECTI©lt P~CEDt7RE WfiE~t INFECTION I3 SUSPECTED. When ---_ 8uepicicn arises as to the p®8~bility of transiltseioa of infection from any restaurant employee the health officer is authorized to require. any or all of the following measures; (1~ The immediate eacl»sior: of the employee from all restaurant8, (2) The immediate closing oS the resta=trant coneserned unt11 ~. nc further danger of disease outbreak exists, in the opinion of the health officer, (3) A,d.eauate medical ,examinations of the employee an8 of hie associates, with such laborator~r examinations as may be indicated. © tables, re- down, counters, ahel~vea , trigerators, stoves, hoods, and sinks, + shall be kept dean and free from dust, insects, aril other contaminat- ing materi~i. X111 clothe used by wait- ers, cheii~ t'uid other employees shall be clean. .8ixg~a-service containers shall be us on}y once. All mul _ eating and drinking' utenaiia be .thoroughly cleaned and effectively subjected to an ap- proved bactericidal process after each usage. Ali multi-use utensils used in the preparation ar serving of food and drink shall be thoroughly cleaned t and effectively subjected to an ap- proved bactericidal .process -immedi- ately following;. the day's operation. No article, :polish, or other aub- stance containing any cyanide pre- >f: paration or other poisonous material -shall be weed far the cleansing or pot- ishing of utensils. heart 11. STORAGE AND HAND- LING OF' UTENSILS AND EQUIP- MENT. Alter bactericidal treatment utensils shall be stored in a clean, dry place gi from flies, duet, and other eontaminatlon, and shall be handled in such a pyyanner as to pre- vent .contamination as far as prac- ticabie. Single-service utensils shall be purchased only insanitary con- tamers, ahali be stored therein in a clean, dry`}51ace until used, and shaA ' be handled in a sanitary manner. Itean 1'2. DISP08AL' OF WASTES. All wastes shall be properly disposed t of, and all garbage and trash shall be kept 1n suitable receptacles, in such manner as not to become a nuisance. Item 13. REFRIGERATION. .A,11 readily perishable food and drink shall be kept at or below SO degrees F. except when; being. prepared or acrd, Waste water from refrigem- ~ tidle equipment shall be properly dis- r posed of. Iteou~ i4. WHgI.ESdMENESB OF FOOD AND DRINK. All food and ? drink shall be clean, wholesome, free from spoilage, and sa prepared as to be safe for human consumption. Ali - ~mdlk, fluid m11k products, ice cream, ~~~ and other fraten:deaaarta.aertred shall be from approve$ sources. Milk and f'~id .milk .products s't~#ul served tJa t;ne individual orig#rtatl; aaart;inera itr which they .were secsived troop the gtartributo~p or from a bulk coa~ttainer ~tWAped with an .approved dispenser approved for such servile. All oy- taera~ clams .and. Ala shall, be ri~om approved sources, ind if ..shuck- ed shall be kept unti- 'used in the yontainers in which they~wer® placed at the shucking plant, • i Iteait 16~ STORAGE, DISPLAY, A:ND SERVING OF FEE~!!OD ;STD D>~,IivK. AA food and. drink shall be so stored, displayed, and served as to be protected from dust, files, vermin, c~predation and pollution by rodents, tinneceasary handling droplet infec- tion, overJaesd leakage, - an other ~ contamination. No aniat-ais fowls shall be kept ~ or allowed room in which food or drink is prepared or stored... All smeatut necessary for the elimination o! flies, roaches,' and ro- d~nts shall b® usel3t 'fi'Iteptt 18. CLEANLI~SSS OF EMPLpYEEB: Ail employees shall tiyear clean outer garments and shall )deep their hands cieag at ail times while engaged in handling Mood, drink, utensils, or equipment. . Employees ~ shall not expectorate or sae tobacco { in any form in rooms in which food 1 y . ~ } is prepared. ~ JI L c ~. - w f G ~~ ~•L ` ~ ~ r` J O ' ~~ .~. ~~ 1, SECTION' ~_. I19SPECTI(~I OF H: CE3~ It hhe11 be unlawful Pore sad ~^ person who operates a restaurant in the City of Nest l~iemphis to emplaag° ~ any person or persons in said restaurant in, an9 aapaaity who does not have ~ a health certificate showing a physical eaatnination by a legally licensed physician in the State of d~rkansas, showing a physical exaominatioa t0 have, been made within six months prior to such emp~,c~gment and indiae~tingeug.____ person to be Free oP any communicable disease in any of its stages provided hoovever, a health certificate>showing a physical examination by s legally qualified and acting phjrsi.eian of another state showing' at~ch peva to have. had a physical examination within six months prior to datetepplication ~ made'for employment or a certificate Fran any "'~''~`""~'~~ legally constituted board of health, health center or any other institution oP such state, and which health certificate is accepted by said state, showing such perso~t to be free Prom anq communicable disease in any oP its stages. shall be permitted to be emtployed is-~' restaurant in .the City aP sleet ~deanphis far a period net to eucr~;ed ,~='1~' days after which time this Ordinance shall:be'fullg complied wfth. It shall a the. duty of the operator. o sa restaur to asaystaiu avid 1Qtow that such emplayee has said health certificate, and it shah. t'urther be the duty of said operat of ally restaurant to have said certificate ava3.lable fqr inspection by the health oPPicer~and said health certificate shall , either be posted in*or about the said premises where it may be inspected cr~it may be nerd an tite person o~>any such employee. The said certificate shell be ®xhibited to the health officer as ottea as cleemsd ~'' n®aessary by said health officer for the purpose oP detection of any eommuniaable disease., cad to prevent the" eanployment oP persons without having~ssd~a health certificate and ot2yerwise comply-with this Ordinance. 3, . ~. ; SECTI{~_,~, ' P?r[~GA~9. The health oPPiaer is hereby;: suthoz~ized to design attd procure a suitable placard for grading said restaurants and said placard as designed and` approved by skid health officer shall be the official grading carol authorized under this Ordinance. then the health officer has inspected nay restaurant and determined the grade, it shall be the duty oP the operator th®reof to exhibit said placard iii a conspicuous place and the -grade se determined by the health officer ahal~, be the otYicial grads of said r®staurant until sv~ch time °9e`{conditions therein shall. warrant a change in the grad® thsl~et~t~;;'", Section ~~ • 'ceaaent Interpretation, This a' dinance shall be enFarced by tTi,~"Ca. officer i.n accordance frith the interpretation thereof contained in the 19t~3 edition of the U. S. Public Health Service Code Regulat,~- I! ~ ing gating t..~inkng ~tabliahments~ a certifYed copy of which shall be on file at the City C].erk~s office. _. _ _ __ _ ~ ~.._ -- SLCTI031"7,~. PII~II~TIES• AMY' -pers'on' who via7r-etas any- of the provisions of this Ordinance shall be deenasd `g~lty qP a.~~cisde~anor ~d on con~iatiga thereof shall be Pined. in'any sum not ire t2ian X1:00.00. Such and. every violation art".the provisions of this trdinance shall constipate a separate offense,. 8aah' eat eve `dap a vio do her`eot shall eonttaltte~shall lil~ewise be'~aken and ;. o~sidered ws a oFPense. ,,;~ ~ •. e . ,• .~ ~ SECTION .15, UNCON3TITtlTIONALITY CIAUSE. Should al~r sectia~t, .para~caph, clause, or a of th#,.s~ Ordinance be declared unconsitutfonal or inval~8 t'or arty reason, the remainder of said ordinance shall not be affected thereb9. , SECTION 16, REPF.t~y ,ArID EFFECTIVE DATE. Ordinance No. 123 and all other Ordinances or parts of Ordinances in conflict with this Ordinance ai~8].hbreb~t~.Trepealed and this Ordinance shall be in full force and effect on and after its passage and approval. o Passed and approved this dqy of , 1949. AJ~ ~~{~ [7'~'~ /' 4 1'S.L~r1L~ V 1.11.1 ~~j~" ~~_-P~_ Mayor A.~.o a ;w«n.~~,.+c. ATTEST ~~ ~. _, y r