HomeMy WebLinkAboutDefining Restaurant, etc.. ` '
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ORDINANCE No.
Passed by the Common Council of the City of South Bend, Indi
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Presented by me to the Mayor of the City of South Bend, Indiana
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Clerk
of Common Council
Awoved and signed.by me
Clerk
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ORDINANCE NO.3 4- S "a,
BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, that:
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 shop, cafeteria, short -order cafe, luncheonette, tavern,
sandkeh 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. Food. - - The term "food" as used herein shall include;
all articles used for food, drink, confectionary, 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 one operating for a temporary period, in connection with a Fair,
Carnival, Circus, Public Exhibition, or other similar gatherings.
D. Employee. - - The term "employee" shall mean any person,
who handles 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 or
other place in which food or drink is prepared or served.
E. Utensils. = - The term "Utensils" shall include any
kitchen ware, table -ware] glass -ware, cutlery, containers, or other equipment
of any kind or nature, with which food or drink comes in contact during storage,
preparation,, or serving.
F. Health Officer. - - The term "Health Officer" shall mean /
the Secretary of the Board of Health-of the City of South Bend„ or his authorized /
representative.
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U1,
ORDINANCE NO.3 4- S "a,
BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, that:
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 shop, cafeteria, short -order cafe, luncheonette, tavern,
sandkeh 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. Food. - - The term "food" as used herein shall include;
all articles used for food, drink, confectionary, 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 one operating for a temporary period, in connection with a Fair,
Carnival, Circus, Public Exhibition, or other similar gatherings.
D. Employee. - - The term "employee" shall mean any person,
who handles 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 or
other place in which food or drink is prepared or served.
E. Utensils. = - The term "Utensils" shall include any
kitchen ware, table -ware] glass -ware, cutlery, containers, or other equipment
of any kind or nature, with which food or drink comes in contact during storage,
preparation,, or serving.
F. Health Officer. - - The term "Health Officer" shall mean /
the Secretary of the Board of Health-of the City of South Bend„ or his authorized /
representative.
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G. Person.- - The word "person" shall mean any person,
firm, corporation, or association.
SECTION 2. Permits. - - It shall be unlawful for any person
to operate a restaurant in the City of South Bend, who does not possess
an unrevoked permit from the Health Officer, which permit is posted in a
conspicuous place in such restaurant. Only persons who comply with the
requirements of this Ordinance, shall be.entitled.to receive and retain
such a permit.
SECTION 2 (A). Fees. - Every person, who desires to operate
a restaurant in the City of South Bend shall, after securing a permit from
the Health Officer, obtain from the City Controller a license for a restaurant.
Such license shall be provided by the City Controller, if there is presented
at his - office an unrevoked permit from the Health Officer,.together with
if the application for license is made between the 1st day of January, and on
_ or: before the 31st day of March of any year o$ if the application
is made on the lst day of April, and on or before the 30th day of June of any
year! 9 r $J& _, if the application is made on the let day of July, or on
or before the 30th day of September, of any years or $$ , if the applies -
tion is made on the let day of October, or on or before the 31st day of
December of any year.
Every person operating a restaurant shall annually pay to
the City Controller, at his office, a fee for the renewal of such license.,
in the amount of - , and such renewal license shall be issued, provided
the applicant presents to the City Controller said amount of money, together
wi th an unrevoked permit from the Health Officer. If such renewal fee is not
paid by the 31st day of January of each years succeeding the year in which
the original license was granted, then any permit, which the applicant holds
from the Health Officer shall be deemed to be automatically revoked and
cancelled, and no license shall then be granted by the City Controllers until
• new permit from the Health Officer has been obtained and presented to his
Any person desiring to conduct an itinerant restaurant Ghall secure
• permit therefor and a license shall issue upon payment to the City Controller
of $5.00, for each day of operation, not to exceed $j20.00 for any one
continuous operation.
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whom the permit is granted, the address of the premises for which the same is
issued, the address of the person to whom the same is issued, if such address
be different than the premises for which it is issued, and such other pertinent
information as may required by the Health Officer. A permit shall be issued
to any applicant, who has complied with the requirements of this Ordinance,
and no permit or renewal thereof shall be denied on arbitrary or capricious
grounds. A separate permit and license shall be required for each restaurant
operated, or to be operated, by any person.
All licenses for the operation of a restaurant now held by any
person shall continue in force for the period for which they were issued,
provided,.however, that such person shall make application for a permit from
the Health Officer for the operation of a restaurant, as herein provided, in
hot less than 30 days after the effective date hereof.
Each and every permit issued by the Health Officer may be tempor-
arily suspended by the Health Officer upon'the violation by the holder thereof
of any of the terms of this Ordinance. Each and every permit issued by the
Health Officer may be revoked by the Health Officer for a serious violation,
or for repeated violations of the terms of this'Ordinance, by the holder of
said permit. No gtab suspension or revocation shall be made until the holder
of the permit has been notified in writing by a notice left at, or mailed to
the premises for which the said permit was issued. Said notice shall clearly
state the reason for such suspension or revocations and such notice shall set
x AMEVDM3 T TO PROPOSED RESTAURANT CONTROL ORDINANCE
SECTION
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The provisions of this Ordinance shall apply to 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 fees shall be paid for the operation
of such restaurant or itinerant restaurant.
to any restaurant for the display of the aforesaid notice.
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Section 4.— Examination and condemnation of.unwholesone or adulterated
food or drink. Samples of food, drink, and other substances may be taken and
examined by the health officer as often as nay be necessary for the detection
of unwholesomeness or adulteration. The health officer rw..y condemn and forbid
the sale of, or cause to be removed or destroyed, any food or drink which is
unwholesome or adulterated.
Section 5. Inspection of restaurants.. -- At least once every three months
the health officer shall inspect every restaurant located wit n tie city o
South Bend. In case the Health Officer discovers the violation of any item of
sanitation required for the grade then held, he shall make a second inspection
after a 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 grade
requirements of tl:is ordinance. Any violation of the same item of this ordin-
ance on such second inspection shall call for immediate degrading or 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 inspection report shall not be
defaced or removed by any person except the health officer. Another copy of
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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 6.,- The grading of restaurants -- The grading of all restaurants
shall be based upon the following standards.
'Sanitation requirements for Grade A restaurants. -- All Grade A restaurants
shall comply with the following items of sanitation.
Item 1. roors.-- 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 con -
struction as to be easily cleaned, shall be smooth, and shall be kept clean and
in good repair.
Item 2. Walls and Ceiling. -- Walls and ceilings of all rooms shall be kept
in good repair and clean. All walls and ceilings of rooms in which food and
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 and drink is stored or prepared
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 provided with ade-
quate.and conveniently located toilet facilities, conforming with the ordinances
of the city of South Bend. In restaurants hereafter constructed, toilet rooms
shall not open directly into any room in which food, drink, or utensils are
dandled or stored. The doors of all toilet rooms shall be tight fitting and
self- closing, Toilet rooms shall be kept in a clean condition, in good repair,
and well li hted and ventilated. hand- washing signs shall be posted in each
toilet room used by employees.
Item 7. Water Supply.-- Running hot and cold water under pressure shall
be easily ac`,essible to all rooms in which food is prepared or utensils are
washed, and the water supply shall be adequate, and of a safe, sanitary quality.
Hot crater shall be provided wherever it is deemed necessary by the health officer,
Per the sterilization of utensils and adequate facilities and space shall be
provided for proper compliance with the above provision. If a private water
supply is maintained the supply and all a4purfj na*es thereto shall e con-
strucEe,c innstalie and maintained as regfired by the Indiana State Board of
Health and approved before the water supply is used, A sample of water from
Driva e wells must e sent o a recoenizad laboratory_ ac month for bacter-
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Item 8. -- Lavatory facilities, -- Adequatne and convenient hand- washing
facilities shall be provided, including hot and cold running water, 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 handq,
Item 9. -- Construction of utensils and equipment.-- All multi -use utensils
and all show and display cases or windows, counters, shelves, tables, refriger-
ating 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. No cracked, chipped or.broken dishes or glass
shall be used in the preparation or serving of food or drink. Utensils contain-
ing or plated with cadmium or lead shall not be used; Provided, That solder con-
taining lead may be used for jointing.
Item 10, -- Cleaning and bactericidal treatment of utensils and equipment- -
All equipment, including display cases or windows, counters, shelves, tables,
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. Single- service containers shall be
used only once.
All multi -use eating and drinking utensils shall be thoroughly cleaned and
effectively subjected to an approved bactericidal process after each usage, All
multi -use utensils used in the preparation or serving of food and drink shall be
thoroughly cleaned and effectively subjected to an approved bactericidal process
immediately following the dayts operation. Drying cloths, if used, shall be
clean and shall be used for no other purpose.
No article, polish, or other substances containing any cyanide preparation
or other poisonous material shall be used for the cleaning or polishing of
utensils,
washing and sterilization of glasses at bar sinks must be accomplished by
the chlorine method as explained in the code.
,Item 11. -- Storage and handling of utensils and equipment.-- After bacter-
icidal 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 contamination as 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.
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 become a nuisance.
Item 13. -- Refrigeration-- All readily perishable food or drink shall be
kept at or below 50 degrees F. except when being prepared or served, haste
water from refrigeration equipment shall be properly disposed of. All meats
which are kept longer than 24 hours shall be refrigerated at 40 degrees or ess
s of food
clean, wholesome, free from spoilage, fo
consumption., No restaurant shall serve milk or milk p the
standard set forth in the regulations of the Ci y of South Den ordinan
and drink. - -All
and so prepared
food and drinl
as to be safe
roducts below
shall be
r human
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or
ilk or milk pro(
furnished s ieedd by ai
ations pertain
be from sources
cream
individual original containers in which they were received from the distributor
or from a bulk container equipped with an approved dispensing device: Provided,
That this requirement shall not apply to cream, which may be served from tha
original "bottle or from a dispenser approved for such service. All oysters,
clams, and mussels shall be -from approved sources, and if shucked shall be :dept
until used _kn the containers in which they were placed at the shucking pl ^:nt.
Item 15, -- Storage, Display, and Serving of Food and Drink—All food and
drink- shall be so stored, displayed, and served as to be protected from dust,'
flies, vermin, depredation and pollution by rodents, unnecessary handling, drop -
let infection, 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.
ill means necessary for the elimination of flies, roaches, and rodents shall be
used.
Item 16. -- Cleanliness of Employees-- All employees engaged in handling
food, drink, utensils or equipment shall be required to secure a health certificate
approved by the health officer, at least every 12 months, or as often as raay be
deemed necessary by the health officer, showing that they are free from any in-
fectious or transmittable disease. A blood test for syphilis shall be provided
the health officer by all such employees at least once annually. Examinations
for such h -'alth certificates shall be made and issued by a reputable, licensed
physician. All eraploy..es shall wear clean outer garments and shall keep their
hands clean at all times while engaged in handling food, drink, utensils., or
equipment and shall, while engaged in the preparation or serving of food, wear
a suitable head covering to protect the food from cuntarrination from huraan hair.
Employees shall not expectorate or use tobacco in any form in rouras in which
food is prepared.
Item 17. -- Miscellaneous.— The premises of all restaurants shall be kept
clean and free of litter or rubbish. None of the operations connected with a
restaurant shall be conducted in any room used as living or sleeping quarters.
Adequate lockers or dressing rooms shall be provided for employee's clothing and
shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers
provided for this purpose.
( Grade B restaurants. -- Grade B restaurants are those which fail to coisply
with item, 11 2, 4, 5, or 17, but which conform with all other iteras of sanita-
tion required for Grade;A restaurants.)
(Grade C restaurants. -- Grade C restaurants are those which fail.to comply
with either the Grade A or the Grade B requirements)
Itinerant restaurants. -- Itinerant restaurants shall be constructed and
operated in an approved zmanner,
Section 7. -- Grades of restaurants which may operate. -- From and after 12
months from the date on which this ordinance takes effect no restaurant shall
be operated within the city of South Bend or its police jurisdiction, unless it
conforms with the Grade j;, or Grace B, or approved itinerant restaurant require-
ments of this ordinance; Provided, That vitren any restaurant fails to qualify
for any of these gr,..des the health officer is authorized to suspend the permit
or in lieu thereof to degrade the restaurant and permit its operation during a
temporary period not exceeding 30 dayso Provided, That if 'material and supplies
are not available to meet the requireratnts of this ordinance at the end of 12
• months. Then the health officer may extend the placarding of restaurants until
such a time as he may decin necessary.
Section 8. Reinstatement of permit; supplementary regrading -- Any rest-
aurant, the grade of which iras been lowered, and all grade displays have been
changed accordingly, or the permit of which has been suspended may at any time
make application £or,regrading or 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 pro-
vision or provisions of this ordinance have been conformed with, the health
officer, shall make a reinspection, and thereafter as many additional reinspec-
tions as he may deem necessary to assure himself that the applicant is again
complying with the higher grade requirements, and, in case the findings indicate
compliance; shall award the higher grade or reinstate the perrait.
Section 9. -- 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 res-
taurant, 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, or health officer suspects that
any employee has contracted any disease in a communicable %rm or has become
a carrier of such disease he shall notify the health officer immediately.
Section 10. -- 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 fallowing 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
examinations of the employee and of his associates, with such laboratory exam-
inations as may be indicated.
Section It, Enforcement interpretation -- This ordinance shall be enforced
by the Health Officer in accordance with the interpretations thereof contained
in the 1943 edition of the U. S. public Health Service Code Regulating Eating
and Drinking Establishments, a certified copy of which shall be on file in the
City Clerk's office,
Section A penalties: Any person who violates any of the provisions
of this- ordifnce or who refuses to comply with any lawful orders, rules or
- regulations of the Health Officer, as provided in Section 1.1 of this ordinance,.
shall,.,'upon conviction, be punished for the first offenso by a fine of not less
than Ten.Dollars ($10.00) nor more than Fifty Dollars (&.00); for the second
and. any subsequent offenseb by a fine of not less than Fifty Dollars (;50.00)'
nor`more than Three Hundred Dollars 0300.00). Each and every violation of the
provisions of this ordinance shall constitute a separate offense.
Section i13..._ Repeal and date of effect. -- All ordinances and parts of
ordinances in conflict with this ordinance are hereby repealed, and this
ordinance shall be in full force and effect irmmediately upon its adoption
and its publication as provided by law.
Section J$__ 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.
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