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HomeMy WebLinkAboutOrdinance Regulating and Licensing the Selling of Food-I: P R O P O S E D F 0 0 D O R D I N A N C E AN ORDINANCE REGULATING AND LICENSING THE SELLIDTG OF FOOD. An ordinance to regulate, control and license the sale, storage, delivery, and distribution of food, both whole- sale and retail, within the City of South Bend, and to provide for the inspection of restaurants, lunch stands, groceries, meat markets, beer taverns, bakeries, cafes, dining rooms, ice cream parlors, public or private markets, stalls, shops, stores, storehouses, cold storage plants, or where fish, oysters, birds, fowl, vegetables, fruits, milk, ices, beverages, meat, meat food products, bake goods, or any other provision or food intended for consumption by human beings, is manufactured, held, kept, stored, or offered for sale, disposition, or other distribution as food for human beings. The City of South Bend ordains: SECTION 1.. No person, firm or corporation shall engage in the business of conducting a food establishment in the City of South Bend, or of selling food, either wholesale or re- tail without a license therefor as hereafter provided. For the purpose of this ordinance, the words "food establishment" shall include restaurants, lunch stands, groceries, meat markets, bakeries, cafes, beer taverns, dining rooms, ice cream parlors, public or private markets, stalls, shops, stores, storehouses, cold storage plants, or any other place or places in or from which meat, milk, ices, beverages or any provision intended for human consumption is kept, handled, LICEDSE REQUIRED or stored. Provided, however, that nothing, herein contained shall apply to creameries or milk plants, or r� organizations which do not make a business of conducting a food establishment. SECTION 2. Any person, firm, or corporation, except common carriers, desiring to conduct a food establishment or to sell APPLICATION TO BE FILED PITH DEPART - food or beverages as hereinabove defined, within the City of ;v:ENT OF HEALTH i South Bend shall make application in writing for permission public to do so to the Department of/Health of the City of South Bend upon blanks to be provided by the Department of Public Health. The Department of /Health shall require such appli- cant to state, in writing, upon said blanks: FIRST: The applicant's full name, residence and post office address, and whether such applicant is an individual, firm or corporation. If a partnership exists, the names of the partners, together with their addresses. If the application_ is made by a corporation, the names and ad- dresses of the officers must be given. SECOND: The location of applicant's place of business and a statement as to the kind of business, ie., whether it is a grocery store, meat market, restaurant, etc. THIRD: An agreement that said applicant will permit pCl�,f. PufiL+� �FiifectO�f�P�bLic He�ett/� the of/Health, the f }s.er, the Food Inspector, their representatives or assistants, to inspect his estab- lishment and everything connected therewith at any time desired. FOURTH: The manner in which applicant intends to dispose of his goods, ie., whether at wholesale or retail, or both, and any other information desired by the Director Pa6Lr c of/ Health. SECTION 3. Upon the signing of such application by the applicant or some one duly authorized by him, the DEPART TENT OF PUBLIC Director of Public Health shall make or cause to be made HEALTH TO INVESTIGATE an investigation to ascertain whether such applicant is in a position to observe, and is willing to observe, the terms and conditions of this ordinance. If it shall appear to the Director of Public Health or City Food Inspector, after such investigation, that said applicant is in a position to maintain a sanitary food establish- ment, and furnish clean, pure, healthy, wholesome and Page 2 9 and unadulterated food to his customers, and is willing to observe the terms and conditions of this ordinance, and the regulations of the Director of Public Health, PROCEDURE FOR APPROVE if the application is approved, then the Director of ING APPLICATION AND ISSUING LICENSE Public Health or City Food Inspector shall endorse upon such application a favorable report, and transmit the application to the City Controller of the City of South Bend, who shall issue a license to the applicant, granting permission to conduct the type of business designated in said application and no other, upon pay- ment of the following fees: transferring to a new location. An applicant who has obtained a license to operate a certain kind of food establishment, and who is desirous of adding another type of food business tc his establishment, ADDITION OF L--'OTHER TYPE OF BUSINESS shall make an .additional application, in writing, to the Department of Public Health, which shall be handled the same as the original application, except that the fee for page 3 4 For engaging in the business of conducting a whole - FEE sale or retail food establishment after June 1, 1939„ the sum of Ten Dollars ($10) per year or any part thereof for each separate place of business. Provided that the fee shall be one -half of this amount, if the application is made and the establishment opened during the last half of the license year from January 1st to June 1st. All licenses shall expire on the last day of May following their issuance, unless sooner revoked, and shall not be APPLICATION TO BE FILED AT LEAST 30 DAYS BEFORE transferable nor assignable. All applications for re- EXPIRATION OF LICENSE -t heb. ,6 f R,64c t'1--h newel of license shall be made /at least thirty (30) days before license expires. All applications for license shall APPLICATION TC BE FILED be made at least ten (10) days prior to the date of opening AT LEAST 10 DAYS BEFORE OPENING OR TRANSFERRING any food establishment, or at least ten (10) days before TO MT LOCATION transferring to a new location. An applicant who has obtained a license to operate a certain kind of food establishment, and who is desirous of adding another type of food business tc his establishment, ADDITION OF L--'OTHER TYPE OF BUSINESS shall make an .additional application, in writing, to the Department of Public Health, which shall be handled the same as the original application, except that the fee for page 3 Five Cfgoj) each such additional application shall be use Dollar (0.00) per year or any part thereof. If it shall be found by representatives of the Department of Public Health, after investigation, PROCEDURE WHEN LICENSE IS that said applicant is not maintaining, or cannot maintain, a sanitary food establishment, or is not maintaining, or cannot maintain, a sanitary food establish- ment, or is not furnishing clean, pure, healthy, wholesome and unadulterated food to his customers, or that he is unwilling to observe the terms and conditions of this ordinance and the regulations of the Department of Public Health, or that he is not in a position to do so:. That the Director of Public Health or the City Food Inspector shall endorse upon such application an un- favorable report, and said applicant shall be denied a city license by the City Controller, The Director of Public Health, or any of his duly authorized agents shall have authority to revoke or sus- PROCEDURE FOR RE- JOCATIOD; OR SUSPETT- pend any license issued under authority of this ordinance SION OF LICENSE whenever it shall appear that a condition exists which is imminently dangerous to the public health, or whenever it shall appear that the licensee, or his duly authorized agents have continuously, repeatedly, or wilfully violated any of the provisions of this ordinance. Upon the suspension or revocation of any such license, notice in writing thereof shall be immediately served upon the. person in charge and a copy thereof posted in a conspic- uous place in the premises. Upon the posting of such notice upon the premises, such food establishment shall forthwith be closed to the public. SECTION 4: That every person, firm, or corporation, who, as owner or manager keeps, maintains, or operates a food Page 4 establishment in the City of South Bend shall keep the SANITATION same in a clean, sanitary and 'healthful condition at all REQUIRED times. For the information of the public, every public eat- ing establishment shall display in a conspicuous place a DISPLAY OF notice provided by the Department of Public Health, stat- RATING NOTICE ing the grade of the public eating establishment. At least once each grading period the City Food Inspector or authorized agent shall inspect every public eating establishment within the City of South Bend. In case the City Food Inspector or authorized agent discovers the violation of any item of sanitation required for Grade A INSPECTION OF PUBLIC EATING ES- public eating establishments he shall make a second in- TABIISEIIEKT5 FOR PURPOSES OF GRAD - spection after the lapse of such time as he deems necess- ING AND REGRADING ary for the defect to be remedied. If upon second in- spection any item of sanitation required for Grade A public eating establishments is found to be violated the establishment shall be required to display immediately a grade notice based upon the second inspection. Failure of the proprietor or manager of a public eating establish- ment to properly display grade notices shall be deemed a violation of this ordinance and subject to the penalties provided for violation thereof. The grading of all public eating establishments shall be based upon the following standards: GRADE A Public Eating Establishments. Item 1. Floors. - The floors of all rooms in which food or drink is stored, prepared, or served shall FLOORS be of such construction as to be easily cleaned and shall be kept clean and in good repair. Kitchen floors shall be properly drained and the surfacing thereof shall be impervious to water. Item 2. Walls and Ceilings. - All walls and ceilings in all rooms in which food or drink--is stored, WALLS & CEILINGS. Page 5 prepared, or served 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 surfacing of kitchen walls shall be of smooth, washable, impervious material. Item 3. Lighting. - All rooms in which -food or drink is stored or prepared shall be provided with reasonably evenly distributed lighting equivalent to that produced by one 100 watt Tungsten bulb for each 100 square feet of floor area. Item 4. Ventilation. - All rooms in which food or drink is stored, prepared, or served shall be ventilated in such a manner as to maintain them reason- ably free of disagreeable odors by windows, transoms, flues, or exhaust fans as may be approved by the Direc- tor of Public Health. Item 5. Toilet Facilities. - Every public eating establishment shall be provided with an approved number of flush toilets, conveniently located and proper- ly constructed and maintained as provided for in Section 14 of this ordinance. Provided, that in public eating estab- lishments where alcoholic beverages are held out for sale to both sexes the minimum toilet facilities to be maintained shall be two flush.toilets, one for each sex properly designated. Item 6. Water Supply. - Cold running water of suitable quality for drinking purposes. An adequate supply of running hot water at a temperature of 1800 F. piped to all sinks. There storage tank is used the minimum capacity shall be thirty gallons. Item 7. Lavatory Facilities. - Suitable lavora- LIGHTING VENTILATION TOILET FACILITIES WATER SUPPLY tory or sink in addition to dishwashing sink, located in or LAVATORY FACILITIES near the toilet rooms, and an adequate supply of soap and paper or individual linen towels. Use of common towel is prohibited. Page 6 Item 8. Screening. - Screening on all outside openings of establishments between u"ay 1 and SCREENING October 1. All screen doors to swing outward and be equipped with self - closing devices. Item 9. Construction and Cleanliness of Utensils and Equipment. - All eating and cooking utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, and other equipment or UTENSILS & EQUIPTENT utensils used shall be so constructed as to be easily cleaned and shall be kept clean and in good repair and free from dust, dirt, insects and other contaminating material. Item 10. Cleaning and Bactericidal Treatment C Lean I n1 a h cf of Eating and Cooking Utensils. - Two compartment rust- A a c to r'c 1 J- L e proof metal sink with metal drain boards with running hot h - *-, 1 e hi T— °I Cf het -F titeng�Ls and cold water piped to both compartments, with properly trapped sewer connections, in compliance with plumbing code, to both compartments: All except single service eating and cooking utensils shall be thoroughly cleaned after each use and subjected to bactericidal treatment as directed by the Director of Public Health. For example, by immersion for at-least two minutes in clean, hot water, the temperature of which is at least 1800 F.; Provided that mechanical methods approved by the Director of Public Health may be used for washing and sterilizing dishes and utensils. Item 11. Storage of Dishes and Utensils. After bactericidal treatment all dishes and utensils shall be stored in a clean place protected from flies, dust or other contamination. Item 12. Garbage, & Rubbish Disposal. - G a, t- .6 aq e q k-e b b S Sufficient number of twenty - gallon metal galvanized u s-a garbage cans with tight fitting metal lids to hold Page 7 all garbage. Such cans shall be free from leaks and shall be thorou,�.hly cleaned and scalded each time 2?aPcZ�4L they are emptied. Sufficient number o' receptacles to hold all tin cans, paper and other refuse,$4.a�it�✓diey//J s r Item 13. Refrigeration. - Adequate refri- geration boxes, cases, etc., provided with accurate thermometers. Temperature to be maintained at 50oF• or less. Waste water from refrigeration equipment shall discharge into an open sink or drain, properly trapped and sewer connected, in accordance with plumb- ing code; Provided, that where sewer connections are not available, clean adequate water -tight drip pans may be used. Item 14. Protection and Storage of Food. - Except during preparation and serving, all food and drink shall be effectively protected from dust, flies, vermin, or other contamination by glass, wood, or metal cases. Item 15. Food Handlers' Certificates. - No employer or proprietor of a public eating establish- ment shall require, permit or suffer any person to work, nor shall any person work in any building, room, or basement used in connection with a public eating estab- lishment unless such person has a food handler's cer- tificate as provided for in Section 5 of this ordinance. Item 16. Cleanliness of Employees. - All persons shall maintain themselves cleanly in person and L,,, ,ha„dlinq Faod clothing while engaged/ or employed in a public eating establishment as provided for in Section 5 of this ordinance. Item 17. Chlorine Solution. - All public eating establishments dispensing alcoholic beverages shall be provided with a two compartment metal sink, with a corrugated metal drain board of non - rusting Page 8 Re �- r /gerat �o n P r o {-t C. f l o" -i LL Sto L 4qe o"f 40 a d. Food Ha tid4ers C, J_ t i ff- I, c 41—i �leanL� ne 5 s of fir-. /s G • jr e e s chk',r /ye ,eLuf -Iart metal installed back of beverage bar. Both compartments shall have running hot and cold water and shall be prop- erly connected with sewer as provided for in Plumbing Ordinance. All serving glasses shall be sterilized each time they are used, by immersion for one minute in a chlorine solution containing not less than one hundred (100) parts per million of chlorine. Such chlorine solution shall at all times be maintained at the above standard and shall be changed at least four (4) times each day or more often if necessary, to maintain it at the standard required, and free from visible contamination. Item 18. Fountain Cleanliness. - All ice cream containers and dispensers, syrup containers, and other fountain equipment shall be maintained in a sanitary condition. Item 19. Insects. - All public eating establishments shall be free from flies, roaches, and other vermin and rodents. Item 20. Kitchens. - .Kitchens in public eating establishments to be provided with efficient lighting facilities; walls and ceilings painted with a light gloss paint, walls and floor around cooking stoves provided with metal shield; metal hoods over cooking stoves suspended at a convenient height and properly connected with an exhaust fan or ventilating flue sufficient to carry off all cooking odors and vapors; stoves clean and in good condition. Item 21. Kitchens Not to be Used for Storage Purposes. - No excess food supplies, clothing, bottled beverage cases, barrels, boxes, etc., to be stored in kitchen. The surroundings of all public eating establishments shall be kept clean and free of litter or rubbish. Page 9 CLeanLir.ess rn`'ec i's, To den is K 1+ he.r. S SFo t -air trt Kt'ichtA' �roh�htt�J GRADE B Public Eating Establishments. A public eating establishment which is found by the City Food Inspector to have violated on two successive in- spections any of the following items of sanitation re- quired for Grade A public eating establishments, namely, 1,2,3,4,8,12;18, or 19, shall be required immediately after the second inspection to display a Grade B notice. Said Grade B notice shall be displayed until at least two further inspections show that the violated item or items of sanitation have been complied with; Provided further, that the license of said public eat- ing establishment may be revoked by the Director of Public Health, as provided for in Section 3 of this ordinance, if the violated items of sanitation are not complied with within a reasonable period of time. GRADE C Public Eating Establishments. A restaurant which is found by the City Food Inspector to have violated on two successive inspections any of the following items of sanitation required for Grade A Public eating establishments, namely 5,6, 7,9,10,11,13,14,15,16,17,20 or 21, shall be required immediately after the second inspection to display a Grade C notice. Said Grade C notice shall be dis- played until at least two further inspections show that the violated item or items of sanitation have been complied with; Provided Further, that the license of said public eating establishment may be revoked by the Director of Public Health, as pro- vided for in Section 3 of this ordinance if the violated items of sanitation are not complied with within a reasonable length of time. A public eating establishment receiving a Grade A notice on three successive inspections shall receive a Certificate of Excellence from the Department of Public Health. Page 10 Grade B JFStatbLlsh#"et, _ P - 41{ c .e-sya b Lrs<i rrretz �S SECTION 5. That it shall be unlawful for either the owner or proprietor of any firm, or corporation maintaining, op- MIDLCYEES' PERSONAL erating, or managing any food establishment in the City of CLEANLINESS South Bend, to suffer, permit or allow any employee, officer or agent employed therein or thereabout in the handling of any food product intended for human consumption to be or remain in an unsanitary, filthy or dirty condition, either as to person or clothing while so employed or engaged in the handling of such products intended for human consumption. Every person engaged in the handling of food shall wash the hands and arms thoroughly after using toilet rooms or water closets. No person shall hereafter en�,agel, nor shall any person, firm or corporation employ or allow a person to work for him in the business of handling food in the City of South Bend, FOOD H. 1DLE 'S CERTIFICATE which food is suited for human conscription and is intended for distribution or sale, unless such person shall have filed with the employer a Food Handler's certificate issued by the Department of Public Health as proof that the said person has had a physical examination under rules and regulations pre- scribed by the Department of Public Health, and that the physical examination failed to show that said person was affected by any infectious disease in a communicable stage or was harboring the causative agent of any such disease. In case the employer or ovmer or other person in charge of any such business is himself engaged in the handling of E1__PLCYER TO HAVE CERTIFICATE such foods, this person shall also obtain a Food Handler's Certificate from the Department of Public Health. PACe '1 The physical examination upon which the food handler's certificate is based shall be performed by a physician licensed by the state of Indiana and practising within PHYSICAL EMY1- INATIONS PERFOPMD the boundaries of St. Joseph County, Indiana. The exami- IN ACCORDANCE WITH REGULATIONS PRESCRIBED nations shall be performed in accordance with regulations BY DEPT. OF PUBLIC FE.'! LTH. prescribed bir the Department of Public Health and the findings shall be recorded upon blanks provided by the department for that purpose. Any such physician or Health Officer who gives such certificate of freedom from disease without thorough examination, or who gives such certificate knowing or suspecting the applicant to LAX PHYSICAL EXbl- INATIONS, OR LACK OF have, or to be infected with any communicable disease, FOOD HANDLER'S CER- TIFICATE IN VIOLATION and any employee or other person engaged in the handling OF THIS ORDINANCE of food, without first procuring a food handler's certi- ficate as herein prescribed, showing freedom from any contagious or infectious disease, shall be deemed guilty of a violation of this ordinance and subject to the penalties provided for violation thereof. The food handler's certificate shall not be trans- ferable and shall not be operative after June 1 of each following year. It shall be always available and shall be produced for inspection on demand of health officials, and may be revoked for cause at any time by the Director of Public Health. SECTION 6. That it shall beunlawful to expose for sale in open receptacles or broken packages, vegetables, FR "jIT A:,-,D VEGETABLES TO BE KEPT TWO FEET fruits, or farm produce unless the same shall be kept not ABOVE FLOOR less than two feet above the floor of the building, shop, booth, stall, or other place where the same is exposed for sale. SECTION 7. That it shall be unalwful to sell, expose for sale, or have for other disposition any prepared food, for human consumption, or any cheese, candy, bread, cakes, figs, dates, Page A / ;L� prunes, raisins, mincemeat, fresh meats, smoked meats, fish, or other food, except fruits and vegetables in broken packages, unless the same shall be kept or stored in closed glass cases, or displayed for sale in unbroken sealed packages or other suitable containers, and protected from dust, dirt, flies, insects, vermin, and dogs, cats, rats and mice and other contaminating materials or human contamination. SECTION 8. That it shall be unlawful to sell, expose for sale, to dispose o£, or deliver any sugar, homey, PROTECTION OF CERTAIN FCCD FRCP., CCNTAL'INATION BY USE OF GLASS CASES OR UNBROKEN SEALED PACIUG1 S pickles, olives, sauerkraut, jelly, peanut butt §r, PROTECTION OF CERTAIN FOODS BY USE OF DUST apple sauce, lard, bread, baked goods, or any like pro- PRCOF CCNTAT_NERS. ducts intended for human consumption unless the recep- tacles in which such product is contained shall be dust proof and kept covered. SECTIOPi 9. That it shall be unlawful for any person, firm or corporation to display or expose any food stuff, ITO FCCD TO BE DISPLAYED candy, vegetables, fruits, or farm products of any kind IN AREA IN FRONT OF BUILDII.,G or any other merchandise ordinarily sold in grocery stores or food establishments, in the open .space in fromt of any building or in or near any open window or doorway or in any street, private way or public place in the City of South Bend. Provided, that this shall not apply to vehicles operated by persons licensed and operating under City Ordinance No. except as hereinafter provided or to the sale of food stuff on the Public Idarkets in South Bend. Provided, that it shall be unlawful for any person, firm or corporation to go from house to house or cause PEDDLrTG CERTAIN the sar_e to be done with, or care ing or transporting FCCDS PROHIBITED "any meat or meat products of any kind and /or any fresh, cured or smoked fish of any kind" and /or any other food which might be deemed by the Director of Public Health Page 3t. i3 to be subject to undue contamination by this method of merchandising, with intent to sell the same, or selling the sane, or offering or exposing the same for sale, either at wholesale or retail; or to aid or abet any person in so doing. SECTION 10. That it shall be unlawful to sell or offer for sale any contaminated, adulterated, or unfit food intended for human consumption or any food which has been exposed to dust, flies, contamination by the pub- lic, vermin or other contaminating material in viola- tion of the terms of this ordinance. And it shall be unlawful for any proprietor or manager of any food establishment to sell, offer for sale, or display for sale, or permit to remain therein, any food, whether in its natural state, cooked, or pre- pared for sale which by reason of age, fermentation, decay, or infection has become unfit for human consumption, and the presence of any such unfit food or drink in any food estab- lishment shall be deemed as sufficient cause for the pro- secution of the owner or proprietor for a violation of this ordinance. SECTION 11. That it shall be the duty of the Director of Public Health, Food Inspector, or their assistants to seize, condemn or exclude from sale, delivery or distri- bution in the City of South Bend any spoiled, contaminated or adulterated food or any food unfit for human consLunp- tion or any food which has been unnecessarily exposed to dust, flies, contamination by the public, vermin or other contaminating material in violation of the terms of this ordinance. It shall further be the duty of the Director of Public Health, Food Inspector or their assistants to destroy or denaturalize all food condemned as unfit for human consumption and issue an order or statement to the Page IZ, i s/ UNLAWFUL TO SELL UNFIT FOOD PRESENCE OF UNFIT FOOD SUFFICIENT CAUSE FOR PROSECUTION. CONTK..INATED OR UNFIT FOOD TO BE CONDEIIDTED BY T 7 DaARTI. ENT OF PUBLIC HEALTH DUTY OF INSPECTORS TO DESTROY CONDEaTTED FOOD owner of such food, stating the reason therefor, and such authorized agents of the Department of Public Health .shall not be held in for damages arising therefrom. SECTION 12. That it shall be unlawful to keep, maintain, operate, or conduct any food establishment in the City of South Bend, unless all the doors, FOOD ESTABLISHMENTS windows, or other openings shall be fitted with TO BE SCREENED proper screens, covered with wire not coarser than 12 -mesh wire gauze, between May 1 and October 1 of each year and all such screen doors shall be so hung as to open outwardly and close tightly by means of self - closing devices: Provided, however, that such screens may be omitted if electric fans are used and provided such electric fans shall effectively prevent flies from coming into such place of business. Such electric fan system shall be approved by the Director of Public Health before being installed. SECTION 13. That it shall be unlawful to cause, permit, or suffer any decayed food or meat or vegetable matter UNFIT FOOD NOT TO BE KEPT WITH OTHER of any kind to remain in any receptacle, ice box, or FOOD other compartment wherein any fruits, meats, vegetables or other food intended for human cons:;mption is kept for sale or other disposition. SECTION 14. That it shall be unlawful to operate, maintain or conduct any food establishment in the City of South Bend unless the person so owning, conducting, managing or operating such business shall provide or cause to be provided a sanitary toilet approved by the TOILETS REQUIRED Department of Public Health which shall be located in a separate room partitioned off from the rest of the establishment by a tight partition with a tight- fitting Page %C I. self - closing door and shall have an electric light in each toilet room, and such room shall be ventilated directly to the outside air by means of a window or other form of ventilator approved by the Department of Public Health; Provided, that where both sexes are employed, separate toilets shall be provided for each sex in establishments employing ten (10) or more people part -time or full time. SECTION 15. That it shall be unlawful for any person, firr.:, or corporation to operate, maintain or conduct any business where food intended for human consumption is prepared, manufactured, canned, or sold, or otherwise disposed of unless there shall be provided in such b,,uilding ' ''ketwce L.4f, _ RUNNING WATER, LAVORA* ample supply of runnir4waterIand soap Iand a suitable TORY, SOAP AND INDI77I- DUAL TOWELS REQUIRED lavatory adjacent to toilet, and individual paper Cyl� orin n towels furnished daily so as to enable all persons employed or engaged therein to keep them- selves clean at all times. SECTION 16. No basement or cellar shall be used as a hotel, kitchen, or dining room, restaurant, cafe or NO KITCHENS IN BASE'.1h T other place where food is prepared or served unless after inspection a permit is issued by the Director of Public Health. SECTION 17. That it shall be unlawful for any person, firm, or corporation to permit, suffer or allow any person, NO DOM."ITORY OR including the owner, proprietor, servant, agent, or employee, LIVING ROOIKS IN CONNECTION 'KITH to live or sleep in any food establishment, or in any room FOOD ES'TA_BLISFUMNT above or adjacent thereto, unless separated by solid par- titions or floors with no doors, windows or ,openings therein. SECTION 18. That it shall be unlawful to keep live chickens, ducks, turkeys, or other fowl in any cellar or basement under- neath any grocery store, market, or other place where food or Page 19 /1, foodstuffs are kept, prepared, sold, offered for sale, or otherwise disposed of or in any other room adjacent thereto except in a place and under such conditions as shall be prescribed and approved by the Director of Public Health. SECTION 19. That it shall be unlawful to use any machinery or utensils in and about the preparation or handling of food or beverages intended for human consumption, unless the same shall be thoroughly cleaned and sterilized daily and shall be maintained in a sanitary condition and properly covered and protected while not in use., Provided, that meat grinding units shall be kept under refrigeration except when actually being used. SECTION 20. That the power to enforce the provisions of this ordinance be, and the same is hereby Tested in the Director of Public Health and City Food Inspec- tor and their deputies and it shall be the duty of such persons to visit and inspect at frequent intervals every place where food, beverages, or confection in- tended for consumption by human beings are manufactured, kept, stored, prepared or offered for sale or other dis- position, Provided, that the Chief of Police and his duly authorized assistants shall assist the Department of Public Health in the enforcement of this ordinance when requested to do so by said Director of Public Health in writing. Provided, further, that it shall be the duty of the Chief of Police and his duly authorized assistants to check all food establishments to determine whether or not they are provided with proper licenses as required b1 this ordinance and the Chief of Police or his duly authorized assistants shall institute action to prosecute any person, firm, or corporation found to be operating without proper city license. Page %6 /7 PERTAINING TO KEEPING OF LIVE POULTRY CLU-1 -ING ART STER- ILIZING OF DUCHIIDERY AND E;UIP12NT PO "vZR TO ENFORCE VESTED IN DIRECTOR OF PUBIC HEALTH AND CITY FOOD INSPECTOR SECTION 21. That the Director of Public Health and City Food Inspector and their deputies of the City of South Bend shall have full power at all times to enter every building, room, basement, or cellar occupied or used, or which they have reason- able cause to believe is being used for the production, manufacture, storage, sale or distribution of food, for the purpose of inspecting the premises and the utensils, fixtures, furniture and machinery used therein as aforesaid, and, if, upon,inspection any POWER TO ENFORCE food producing or distributing establishment, convey- VESTED IN DIRECTOR OF PUBLIC BEALTH AND CITY ance, enr loyee, operator, employer, clerk, driver, FCOD INSPECTOR or any other person is found to be violating any of the provisions of this ordinance, or if the production, preparation, manufactuf'4 packing, storing, sale, dis- tribution, or transportation of any such food products is being conducted in a manner detrimental to the health of the employees and operators or injurious to the quality and food value of such food therein being produced, manu- factured, packed, stored, sold or distributed, the officer or inspector making such examination or inspection shall thereupon issue an order to the person or persons in author- ity or in charge or control of such place, directing that the condition or conditions be corrected within such reason- able time as in his discretion he deems proper, and unless such person, firm, or corporation shall make such improve- ments as required by such order within the time so limited, it shall be the duty of the Director of Public Health or City Food Inspector to institute proceedings against the person for the violation of this ordinance, and close the business of such person until such improvements and repairs shall have been made and approved by the Department of Public Health. Provided, that should the unsanitary con- dition found warrant such action, establishment may be Page %q 19 immediately closed by the Inspector making the inspection, in which case he shall notify the person in charge of the establishment at the time of inspection in writing, stating reasons for closing the place and a continuance to operate after receiving such a notice shall constitute a violation of this ordinance. SECTION 22. All milk sold in any food establishment in the city of South Bend shall comply with the standards SALE OF MILK and requirements of City Ordinance No. 2682. SECTION 23. All persons operating soda fountains or other places where malted milk or other milk drinks are prepared shall prepare all such drinks from individual one- half(2) pint bottles of whole milk as received from a licensed milk plant. SECTION 24. No fish market shall be operated in con- nection with a meat market unless the same shall comply FISH MARKETS with the rules and regulations made from time to time by the Director of Public Health. SECTION 25. All places where meat is offered for sale MEAT MARKETS TO or kept shall provide suitable ice boxes or coolers, PROVIDE SUITABLE TOOLS & EQUIPMENT meat blocks with smooth impervious working surfaces, saws, knives, cleavers and other utensils, tools and equipment, all of which shall be kept thoroughly clean and shall be sterilized daily in such manner as shall be required by the regulations of the Director of Public Health. SECTION 26. The use of sawdust on floors of refrigerators, c SAMIDUST PROHIBITED ice boxes, or on floors in meat markets is prohibited. SECTION 27. Fresh meat in the process of being conveyed shall not remain on an unrefrigerated vehicle longer MEAT TO BE RE- FRIGERATED UNDER CER- than two (2) hours during the months of Nay 1 to October 1. TAIN CCNDITIGNS & COVERED WHEN TRANS - The dressed carcass of any animal, or any part thereof PORTED. which is to be used or sold as human food, shall not be carried or conveyed through the streets unless covered so Page 19 0 as to protect it from dust, dirt, or flies, by means of clean canvas or other covering approved by the Director of Public Health, and every article and vehicle used in the transportation of meats shall be kept in a clean and sanitary condition. SECTION 28. No person, firm, or corporation shall NOT TO DELIVER, KEEP, bring or cause to be brought into, or keep or offer for OR SELL UNFIT MEAT OR PEAT NOT PROPERLY sale in any public or private market of the City of COOLED. South Bend, any meat or dead animal, the flesh of which is intended to be used for human food, until such meat or dead animal shall have been fully and properly cooled, and until all blood shall have ceased dripping therefrom. No cased, bloom, plaited, raised, stuffed, putrid, im- pure and unhealthy or unwholesome meat, fish, bird, or fowl shall be held, bought, or sold or offered for sale for human food in the City of South Bend. SECTION 29. No chicken or other fowl shall be kept or killed in any abattoir or meat market unless the same are POULTRY DRESSING ESTABLISHMENTS kept or killed in a separate place and under conditions which shall comply with regulations made fromtime to time by the Director of Public Health, provided, however, that dressed chickens or other fowl may be kept with other food products. Live poultry must be kept in clean, sanitary, well ventilated, }painted or white- washed places separate and apart from room in which killing and dressing is done. SECTION 30. No meat which is intended to be used for human consumption in the City of South Bend shall be kept it -6( o a'< $fixLr+The`! ed fttA "or offered for sale unless the same is stamped denoting inspec- tion,,either by the United States Government or by Municinal- ities — spe co m ies wit t e retire nents of the " ity of outh Be d, or by he Dire or of lic Hea th or ' ne , City F od Inspe for of t it rep r sent iv s. The irecto of �ubli Health hall be e sole judge a o whethe the i spection Jy ;*hose injhecfi,.y isofa 911&hd� cl efVAILto 02 5Uke -0-1 /hsbCC fie r7 /- VIF-C tls an I's of 43 re A- L' of �'a n t--z -L r"41 vsTr� /g Page 20 o f 2tiH�fea/ 9�r�fes /fieharI- r,.i¢vv,j-of a-9rtcc,LTure, . of y 7so,' rTicipa7 ty C'ty o th'Bend Any animal or meat found not properly of ftaf., o. c.rr tari7er C!'eha7`irry pta/oer /ns�eGf%bn stampeYshall'be condemned and destroyed by the Director of Public Health, the City Food Inspeetor,or their rep- PEAT MUST BE IN- SPECTED AND STAAPED. resentatives. Said representatives shall have authority for such purpose to enter any place where meat or food for human consumption is kept or offered for sale, and it shall be his du to condemn an meat% duty y sold or offered for sale in violation of this or any other ordinance L in the City of South Bend. T/?<s gecfop 9Ara.LL4e.�c /1 ✓� 0'7 Q`7W a/ fe st/:1938 SECTION 31. For the purpose of this ordinance, sausage or sausage meat shall be held to be a comminuted meat from meat cattle or swine, or a mixture of such meats, either fresh, salted, pickled or smoked, with added salt and spices, and with or without the addition of edible animal fat, blood and sugar, or subsequent smoking. SECTION 32. All sausage sold in the City of South Bend shall conform to the following grades as hereinafter set forth, and shall be plainly labeled so as to indicate the grade to the customer. GRADE NO. 1: Sausage in Grade 1 shall consist only of skeletal meat prepared from the animal carcass, ex- clusive of the head, with added salt and seasoning. For the purpose of facilitating manufacture not more than three per cent (3/) of water or ice may be added to sausage which is not smoked or cooked, milk, skimmed milk, dried milk, dried skimmed milk, malted milk, and anologous sub- stances and products approved by the U.S. Department of Agriculture, may be added to sausage, Provided, their use does not result in added water or moisture in excess of the three per cent (3/) as hereinabove stated. Grade No. 1 sausage shall not contain dried milk, dried skimmed milk, malted milk, or other dehydrated milk product, in excess Page 21 DEFINING SAUSAGE ESTABLISHING TWO. GRADES OF SAUSAGE GRADE NO. 1 A 3• 5'°o of three per cent • No other parts of the animal or any other substance as above noted shall be permitted in Grade No. 1 sausage. GRADE NO. 2: Sausage in Grade No.2 may include, in addition to the meat constituents, the salt and seasoning - GRADE NO 2 ingredients mentioned in Grade 1, skeletal meat from the head, heart, and other wholesome meats not necessarily skeletal, but shall not include slaughterhouse by- products, cracklings or crackling -meal, tripe, lungs, stomachs, wessand meats, udders, lips, ears or snoots. Grade No. 2 sausage may contain whole or skim milk powder or /and cereal, vegetable starch or vegetable four. The combined amount of eereal, vegetable starch, vegetable flour and dehydrated milk product shall not exceed 4.5 per cent and shall not result in added water or moisture in excess of four (4) per cent. SECTION 33. Sausage of the type which is smoked or cooked, such as Frankfurt.style, Vienna style, and Bologna style, in the finished product may contain not more than ten(10) per cent of added water to make the product palatable. SECTION 34. All sausage sold in the bulk commonly referred to as pan sausage shall be plainly labeled so as to show what it has been made from and to which of the foregoing grades it complies. For the purpose of such labeling, "hamburger" shall be deemed and construed to mean ground lean beef of skeletal origin only exclusive of the head, containing no heart, liver, tongue, tripe or cereal or added water and no fats, other than the natural fat contained in the lean beef from which said "hamburger" is made. It shall be unlawful to designate as "hamburger" any meat or meat product sold, offered for sale, advertised for sale, or disposed of, unless such meat or meat product Page 22 BOLOGNA PAN SAUSAGE TO BE LABELED DEFINING "HAL2, URGER" AND PORK SAUSAGE complies with the foregoing definition. "Pork Sausage" shall be deemed and construed to be a sausage containing no other meat or meat products other than pork and shall not contain more than thirty (30) per cent of back fat. "Beef and Pork Sausage" shall be deemed and construed to be a sausage made from both beef and r_,ork meat. SECTION 35. It shall be unlawful for any person, firm, or corporation to sell, offer for sale or expose for sale, or have in his place of business with the intent to sell, sausage that is adultereated, or not properly branded or labeled, within the meaning of this ordinance. Sausage when used in this ordinance shall be deemed to include balogna, wienierwurst and frankforts. For the purpose of this ordinance, sausage shall be deemed to be adulterated: (a) I£ it contains added water, cereal,whole or skim milk powder in excess of the quantity specifically provided for in Grade 1 and Grade 2. (b) If it contains any coal -tar dye, boric acid or borates, sulphites, sulphur dioxide, sulphurous acid, bentoates, or any other substance injurious or deleterious to health. (c) If it contains any diseased, contaminated, filthy or decomposed substance, or a substance produced, stored, transported, or kept in a way or manner that would render the article diseased, contaminated or unwholesome; or if it is any product of a diseased animal, or the product of any animal which has died otherwise than by slaughter. SECTION 36. It shall be unlawful for any person, firm or corporation to hold, sell, or offer for sale any hamburger or fresh unseasoned ground meat the bacterial count of which exceeds 10,000,000 per gram. Page 23 ADULTERATION OF SAUSAGE UNLAWFUL BACTERIAL COUNT OF GROUND MEAT. SECTION 37. It shall be unlawful for any person, firm or corporation to misbrand, mislabel or in any way mi.s- MISREPRESENTATION & FALSE ADVERTISING represent any article of food to the customer or to PROHIBITED make, publish, disseminate, circulate, or place before the public, any advertisement relating to the sale of "any article of food intended for human consumption ", which advertisement contains any assertion, represent- ation or statement which is untrue, deceptive or mis- leading, or which falsely represents the kinds, classi- fication, grade or quality of "any article of food in- tended for human consumption" so advertised for sale. SECTION 38. It shall be unlawful for any person, firm or corporation to prepare for sale or sell any bakery PREPARATION FOR SALE AE1 SALE OF BAKERY cream goods for human consumption during the period of CREAi GOODS. June 1 to September 1; Provided, that preparation and sale shall be allowed where there are adequate facilities for transporting and maintaining said goods under proper refrigeration and the said goods shall remain under re- frigeration until sold to the consumer. All bakery cream goods shall be prepared and cooked in sterile metal containers. Cream goods, after cooking, shall be quickly cooled under refrigeration in covered shallow containers. The use of wooden, copper or composition containers for mixing or storing cream goods is prohibited. The sale of day -old or left -over bakery cream goods shall be unlawful. SECTION 39. It shall be unlawful for any person, firm or corporation to have in their possession for sale or SALE OF ILTORTED "DAY -OLD" BAKERY sell for human consumption any baker goods commonly known GOODS PROHIBITED. as "day -old" or "left- over" baked goods, which have been transported into the City of South Bend from an outside source. Page 24 / � � � i / / � / � i � /" � i � � / � � /i / / � / / / /, f i �� �/ i � i � s -. .. SECTION 4j. That for the purpose and 'within the meaning of this ordinance: (a). A food establishment is a place where foods or beverages intended for human consumption are pre- pared, kept, handled, stored or offered for sale. (b). A grocery store is a food establishment where staple articles of food commonly called 'groceries are handled for sale or delivered. (c). A meat market is a food establishment where meats and their by- products are handled for sale or delivery. (d). A restaurant is any food establishment which is ad- vertised or held out to the public as a place where meals, lunches, or sandwiches may be procured. (e). A boarding house is an eating place where only persons living at the boarding house are fed for remuneration and such places shall not be required to procure a license. (f). A bakery is a food establishment where bread, baked goods, pastries, etc., are prepared for sale or delivery. (g). A confectionery store is a food establishment where ice cream, carbonated beverages, candy, pop- corn and like commodities are sold or are prepared for sale or delivery. (h). A sausage factory is a food establishment devoted mainly to the preparation and manufacture for sale or delivery of sausage, meat food, or like commodities. (i). A fish market is a food establishment where fish and sea foods are handled for sale or delivery. (j). A beverage manufacturing plant is a food establishment where carbonated beverages, alcoholic beverages and soft drinks are prepared and bottled for sale or delivery. it i Page 25 DEFINING CERTAIN WORDS AND TERMS Food Establishment Grocery Meat Market Restaurant Boarding House Bakery Confectionery Sausage Factory Fish Market Beverage Plant 0 (k). A fruit and vegetable market is a food establishment where fruits and vegetables are handled for sale or delivery. (1). A food manufacturing establishment shall be taken to include all food establishments where food is pre- pared, cooked, canned, packed or in any way converted from the state or form in which it was received. (m). A wholesale food merchant shall be taken to mean any person, firm or corporation selling food or beverages of any kind intended for human consumption, to another person, firm or corporation for the purpose Fruit and Vegetable Market Food Manufacturing Establishment Wholesale Food Merchant of resale. SECTION 49OLf The following shall be and are hereby designated 1,IbIITAU1d BUILDING & EQUIPP:LD:T RNUIRENIENTS as the minimum building and equipment requirements for food APPLYING TO ALL FOOD ESTABLIMMITS establishments which are operating in or selling food in the City of South Bend. Building and Equipment requirements applying to all food and beverage establishments: 1. Smooth and easily cleaned walls, ceilings and Walls, Ceilings & Floors floors. 2. Walls and ceilings painted with a light colored Painting & Decorating gloss paint at least once each year or othercrise , re- decorated or cleaned in a manner satisfactory to the Director of Public Health. 3. Adequate toilet facilities as provided in Section 4, Toilet Facilities Item 5, and Section 14 of this Ordinance, convenient- ly located in connection with the establishment. 4. Suitable lavatory or sink in addition to dishwashing Lavatory, etc. sink, located in or near the toilet room and an ad- Clea:ar equate supply of soap and paper or individua linen e4v �(iafie� towels. 5. Running water of suitable quality for drinking purposes. Water Page 26 6. Properly trapped sewer connections with city sewer for all toilets, sinks, lavatories, ice box drains, etc. 7. Adequate ventilation by windows, transoms, flues, or exhaust fans as may be approved by Director of Public Health. 8. Adequate natural or artificial lighting. 9. All equipment including counters, cases, tables, blocks, stoves, ventilating hoods, fans, steam tables, meat grinders, heaters, dish wash- ing and sterilizing equipment, dishes, pots, pans and kettles and all other food establishment equip- Sewer Connections Ventilation lighting Equipment ment shall be such that they will meet the approval of the Director of Public Health. 10. Sufficient number of 20 gal. metal galva)iized garbage cans with tight fitting metal lids to hold all garbage, tin cans, papers and other refuse. Such cans shall be I ree from leaks and shall be thorouLhly cleaned and scalded each time they are emptied. 11. That there be no connection between living or sleep- ing rooms and food establishments as required by Section 17 of this ordinance. Additional minimum building and equipment requirements, for various kinds of food establishments as specified below: Restaurants and lunch stands, bakeries, candy manu- facturers and other food manufacturing establishments. 1. Two compartment rust -proof metal sink with metal drainboards with running hot and cold water to both compartments, and proper trapped sewer con- nections to both compartments; except where mechanical methods approved by the Director of Public Health are used for washing and sterilizing dishes and utensils. Page 27 Garbage Disposal No Connection With Living and Sleeping Rooms. Additional require- menta for Restaurants Food lifg. Establish- ments, Etc. Two Compartment Metal Sink 0 2. Fetal hood sunended over all cooking stoves Metal Hood Over Stoves at a convenient height and properly connected exhaust fan or ventilating flue sufficient to carry off all cooking odors and vapors. 3. An adequate supply of running hot water to a Running Hot Plater at 1800 F. temperature of 1800 F. piped to all sinks. Where storage tank is used, the minimum capacity shall be thirty (30) gallons. 4. Work tables shall be of one solid piece of wood, work Tables or shall be covered with rust -proof metal or shall have center board removable to facilitate i cleaning. Soda fountains, places selling ice cream, except in sealed packages and places selling beverages: 1. An adequate supply of running hot water at a Running Hot Water temperature of 1800 F. piped to suitable sinks. 2. A two compartment metal sink with running hot Two Compartment Sink and cold water to both compartments. Provided, that soda fountains and beverage places using no other dishes except glasses may substitute a one compartment sink and a hot water glass rinser in place of a two compartment sink. Provided, that places selling ice cream where no dishes whatever are used may substitute a one compartment sink with running hot and cold water. 3. A dipper vat with running cold water shall be pro- Dipper Vat With Running Cold Water ,fided for dippers and spoons, etc., in all places selling ice cream where it is dipped from one receptacle to another. 4. Suitable dust proof containers for all beverage Receptacles for Beverage Straws, Cones & Paper straws, ice cream cones and paper containers. Cups 5. All such places must comply with minimum building and equipment requirements applying to all food and beverage establishments. Page 28 i I Meat Marketes 1. Running hot and cold water to a suitable sink. 2. All meat grinders, slicers,, etc., must be of a type that the grinding unit and work- ing parts may be easily removed to facilitate cleaning. 3. Adequate rotrigerator boxes, cases, etc., to keep all fresh meats at a temperature of 500 F. or less at all times, all refriLerator boxes shall be provided with accurate thermometers and all walk -in boxes shall have an electric light installed in 1pox. Fish Marketes 1, All iced fish and shell fish stored in wooden boxes or barrels shall be kept or stored in such a wanner so as not to cause a nuisance.. Fr 2. Refrigeration) Al fish shall be kept properly chilled or refrigerated at all times. 30 Protection of fish when displayed for sales All fish and shell fish displayed for sale shall be kept within oloseds refrigerated display cases so as to prevent unwarranted human handling and con- tamination by dust, dirt, and flies. 4. Ventilationf All fish cleaning equipment shall be provided with a metal hood suspended over tables, sinks* ate., and properly connected with a venti- lating flue extending above the roof. 5. Hot water and deodorentse An adequate supply of running hot water at a temperature of 1800F, shall be provided and all equipment, garbage containers, ete.o shall be thoroughly weshed from time to time Page 29 Hot & Cold Water Grinders, Slicers, Sto. Refrigeration Storage Refrigeration " Must be Displayed in Closed, Refrigerated Display Oases. Ventilation :lot ?'toter and Deodorant with a solution of wahhing powder, and deodorized with chlorinated lime. SECTION 43. That if any section of this ordinance shall be declared unconstitutional the same shall not affect any other section and shall not a feet the validity of the ordinance as a whole. SECTION 444. The Director of Public Health may from time to time adopt such reasonable rules and regulations, DIRECTOR OF PUBLIC HEALTIi TO WkKE not inconsistent with the provisions of this ordinance, as REASCNABLE REGULA- TIONS. he may deem necessary to govern the sale of food and the inspection of food establishments. Any person violating any of the provisions of this PENALTY ordinance or',any of the rules or regulations adopted by the Director of Public Health passed in pursuance of same, shall, upon conviction thereof, be punished by a fine not exceeding one hundred dollars ($100) or by imprisonment in the County Jail for a period not to exceed ninety days or both, such fine and imprisonment in the. discretion of the Court, and each day any person or persons shall violate the provisions of this ordinance shall be i deemed a separate offense. SECTION 4. All ordinances or parts of ordinances of the REPEALING INCON- SISTENT ORDINANCES. City of South Bend in conflict with this ordinance are hereby repealed, '.A'j C. Nov. 1, 1937. na+.__� a T o + 0 1 ell 00��'IiTTEE OF THE'WfiOLS "UBLIO HEARING 3rd READING '!0T APPROVED n(� .EFERRED