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HomeMy WebLinkAboutDefining Resturant, Food, Itinerant Restaurant and Fixing PenaltiesORDINANCE No. 4538 - - -62 Passed by the Common Council of the City of South Bend, Attest: DECEMBER 10. 62 Presented by me to the Mayor of the City of South Bend, DECEMBER 11. _.. 62 Clerk of Common Council Approved and signed by me DECEMBER 11, __10_6-2- Clerk IDEAL PRESS ORDINANCE NO. 4538 - - -62 AN ORDINANCE DEFINING RESTAURANT, FOOD, ITINERANT RESTAURANT, EMPLOYEE, UTENSIL, HEALTH OFFICER AND OTHER ITEMS; REQUIRING PERMITS, LICENSES, LICENSE FEES FOR THE OPERATION OF RESTAURANTS AND ITINERANT RESTAURANTS; PROHIBITING THE SALE OF ADULTERATED, UNWHOLESOME, OR MISBRANDED FOOD; REGULATING THE INSPECTION OF RESTAURANTS AND ITINERANT RESTAURANTS; PROVIDING FOR THE ENFORCEMENT OF THIS ORDINANCE;` AND FIXING PENALTIES, AS AMENDED. BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: SECTION I. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of this Ordinance: A. Restaurant, The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short -order cafe, luncheonette, tavern, sandwich stand, soda fountain, drive -in restaurant, drive -in theater restaurant, in -plant food service, commissary, snack bar, food catering, or food establishment, whether fixed or movable, where food for human consumption is prepared or served in such manner that it is ready for consumption on the premises. The term " restaurant" shall not inoiude a food establishment that is known as a retail food market where food is not prepared and served for consumption on the premises. B. Food. The term "food" as used herein shall include all articles used for food, drink, confectionery, or condiment, whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof, C. Itinerant Restaurant, The term "itinerant restaurant" shall mean a restaurant operating for a. temporary period, in connection with a fair, carnival, circus, public exhibition, or other similar gathering. D. Emolovee. The term "employee" shall mean any person who handles food during preparation or serving, or who comes in contact with any eating or cooking utensils; or who is employed in a room or other Place in which food is stored, prepared, processed, displayed, or served. Except, that the term "employee" shall not include volunteer member personnel of charitable, religious, fraternal or educational organizations or service clubs. E. Utensil. The term "utensil" shall include any kitchenware, tableware, glassware, cutlery, containers, or other equipment of any kind or nature with which foo. comes in contact during storage, preparation, or serving. F. Health Officer. The term "health officer" shall mean the health authority having jurisdiction in the City of South Bend, or his authorized representative. G. Person. The term. "perrsot" shall mean, but not be limited to, any individual, partnership, co- partnership, firm, company, corporation, association, joint -stock company, trust, estate, or municipality, or his or its legal representative or agent. SECTION ? PERMITS A. Permits. It shall be unlawful for any person to operate a restaurant or itinerant restaurant in the City of South Bend, who does not possess a valid permit from the health officer. Such permit shall be posted in a conspicuous place in such restaurant or itinerant restaurant. Only persons who comply with the applicable requirements of this Ordinance shall be entitled to receive and retain such a permit. The permit for a restaurant shall be for a term of one year beginning January 1st and expiring December 31st of the same year and shall be renewed annually. The permit for an itinerant restaurant shall be for the -term of one continuous operation. Any permit issued by the health officer shall contain the name and address of the per- son to whom the permit is granted, the address of the premises for which the same is issued, and such other pertinent data as may be required by the health officer. A separate permit shall be required for each restaurant or itinerant restaurant operated or to be operated by any person. A permit issued under this ordinance is not transferable. A permit shall be issued to any person on application after inspection and approval by the health officer; provided, that the restaurant or itinerant restaurant complies with all the applicable provisions of this Ordinance. No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds. B. License and License Fee. It shall be unalwful for any person to operate a restaurant in the City of South Bend, who does not possess a valid license for the operation of such establishment. The license shall be for a term of one year beginning January 1st and expiring December 31st of the same year and shall be renewed snnually. Such license shall be provided by the City Cdntroller, if there is presented at his office a valid permit from the health officer together with $20.00, or with $10.00 if the application for license is made on or after July 1st. Any person who desires to operate an itinerant restaurant in the City of South Bend, shall, after securing a permit from the health officer, obtain from the City Controller a license for an itinerant restaurant. Such license shall be provided by the City Controller, if there is presented at his office a valid permit from the health officer, to- gether with $5.00 for each day of operation, not to exceed $20.00 for any one continuous operation. A separate license shall be required for each restaurant or itinerant restaurant operated or to be operated by any person. C. License and Fee Exception. The provisions of this ordinance shall apply to, and a permit as described in Section 2A shall be obtained for, restaurants and itinerant restaurants operated by fraternal organizations, service clubs, religious, educational, and charitable institutions. Provided, however, that no license shall be required and no license fee shall be paid for restaurants or itinerant restau- rants operated by fraternal organizations, service clubs, religious, educational, and charitable institutions. SECTION III. MINIMUM SANITATION REQUIREMENTS FOR RESTAURANTS All restaurants and itinerant restaurants shall comply with the minimum sanitation requirements specified by the Indiana State Board of Health as now provided in its Regulation HFD 17 or as the same may be hereafter changed or amended. Such regulation and any changes and amendments thereto which may be hereafter adopted or promulgated are by reference incorporated herein and made part hereof, two copies of which are on file in the office of the City Clerk of South Bend, Indiana, for public inspection, -2- SECTION IV. It shall be unlawful for any person to sell through a restaurant or itinerant restaurant any food which is unwholesome, adulterated or misbranded. Samples of food may be taken and examined by the health officer as often as may be necessary to determine freedom from unwholesomeness, adulteration, or misbranding. The health officer may, on written notice to the owner or operator, impound and forbid the sale of any food which is unwholesome, adulterated, or misbranded, or which he has probable cause to believe to be unwholesome, adulterated or misbranded. The health officer may cause to be removed or destroyed any food which in his opinion is unwholesome, adulterated or mis- branded; provided, that in the case of misbranding which can be corrected by proper labeling, such food may be released to the operator for correct labeling under the supervision of the health officer. SECTION V. DISEASE CONTROL. A. Disease Control. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the restaurant manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease he shall notify the health officer immediately. B. Procedure When Infection 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. The immediate closing of the restaurant concerned until no further danger of disease outbreak exists in the opinion of the health officer. 3. Adequate medical examination of the employee and of his associates with such laboratory examinations as may be indicated. SECTION VI. INSPECTION OF RESTAURANTS. A. Frequency of Inspection. At least once each three months the health officer shall inspect each restaurant for which a permit is required under the provisions of this Ordinance. B. Procedure When Violations Noted. If during the inspection of any restaurant the health officer discovers the violation of any of the sanitation requirements in Section 3 of this Ordinance, he shall issue a written order listing such violations to the proprietor, or, in his absence, to the person in charge, and fixing a time within which the said proprietor of said restaurant shall abate and remedy such violations. A copy of the written order shall be filed with the records of the health department. C. Authority to Inspect and_to Copy Records. The person operating the restaurant shall, upon the request of the Health Officer, permit such health officer or his authorized representative access to all parts of such restaurant and shall permit copying any or all records relative to the enforcement of this Ordinance. -3- D. Final Inspection- Prosecution or Hearing for Violators. If upon a second and final inspection the health officer finds that such restaurant, person, or employee is violating any of the provisions of this Ordinance which were in violation on the previous inspection, and concerning which a written order was issued, the health officer shall furnish evidence of the violation to the prosecutor having jurisdiction in the City in which the violation occurs, and he shall prosecute all persons violating said provisions of this Ordinance; or the health officer may promptly issue a time, no later than ten days from the date of final inspection, and at a place in said county fixed in said order to show cause why the per- mit issued under the provision of Section 2A should not be revoked. E. Revocation of Permit. The health officer upon such hearing, if the permittee should fail to show cause, shall revoke said permit and promptly give written notice of such action to the permittee. The health officer shall maintain a permanent record of his pro- ceedings filed in the office of the health department. F. Suspension of Permit. Any permit issued under this Ordinance may be temporarily suspended by the health officer without notice or hearing for a period of not to exceed 30 days, for any of the following reasons: 1. Insanitary or other conditions which in the health officer's opinion endangers the public's health; 2. Interference with the health officer or any of his authorized representatives in the performance of their duties; provided, however, that upon written application from the permittee, served upon the health officer within 15 days after such sMapension, the health officer shall conduct a hearing upon the matter after giving at least 5 days' written notice of the time, place, and purpose thereof to the suspended permittee; provided, further, that any such suspension order shall be issued by the health officer in writing and served upon the permittee by leaving a copy at his usual place of business or by delivery of Registered or Certified Mail to such address. G. Reinstatement of Permit. Any person whose permit has been suspended may at any time make application to the health officer for the reinstatement of his permit. H. Appeal. In the event a permittee feels aggrieved by the finding of the health officer, he shall immediately,upon said finding, be permitted to appeal said finding to the St. Joseph County Board of Health, said appeal shall be perfected within three (3) days from the date the health officer has made his finding. The St. Joseph County Board of Health shall convene within five (5) days thereafter and said Board of Health shall make its finding within one (1) day after the hearing of the permittee's appeal. SECTION VII. INSPECTION OF ITINERANT RESTAURANTS. A. Frequency of Inspection At least once in each twenty -four hour period the health officer shall inspect each itinerant restaurant for which a permit is required under the provisions of this Ordinance. B. Procedure to Follow When Any Sanitation_Vioation Noted. If, during the inspection of any itinerant restaurant, the health officer discovers the violation of any of the sanitation require- ments in Section 3 of this Ordinance, he shall order the immediate correction of the violation. m4m C. Authority to Inspect and to Copy Records. The person operating the itinerant restaurant shall, upon the request of the health officer, permit such health officer or his authorized representative access to all parts of the itinerant restaurant and shall permit copying any or all records.relative to the enforcement of this Ordinance. D. Revocation of Permit and Penalties for Continued Operation. Upon failure of any person maintaining or operating an itinerant restaurant to comply with any order of the health officer, it shall be the duty of the health officer summarily to revoke the permit of such person and establishment and to forbid the further sale or serving of food therein. Any person continuing to sell or serve food in such itinerant restaurant, the permit of which has been revoked, shall be subject to the penalties provided in Section IX of this Ordinance. SECTION VIII. APPROVAL OF PLANS. All restaurants which are hereafter constructed or renovated shall conform in their construction to applicable requirements of this Ordinance. Properly prepared plans and specifications shall be sub- mitted to and approved by the health officer before starting any construction work. SECTION IX. PENALTIES. Any person who violates the provisions of Section 2A or 2B of this Ordinance shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than Three Hundred ($300.00) Dollars, or by imprisonment not exceeding six (6) months, or both. Each day of operation of a restaurant in violation of Section 2A or 2B of this Ordinance shall constitute a distinct and separate offense. SECTION X. REPEAL AND DATE OF EFFECT. All ordinances and parts of ordinances in conflict with this Ordinance are hereby repealed, and this Ordinance shall be in full force and effect from and after its passage by the Common Council, its approval by the Mayor and the fulfillment of all statutory requirements relat- ing thereto. SECTION XI. UNCONSTITUTIONALITY CLAUSE. Should any section, paragraph, sentence, clause, or phrase of this Ordinance be declared unconstitutional, or invalid for any reason, the remainder of said Ordinance shall not be affected thereby. Passed by the Common Council of the City of South Bend, Indiana, December 10, 1962. -5-