HomeMy WebLinkAboutOrdinance - 776-1946 - Defining Restaurant, Requiring Permits, ETC - 05/23/19460
u
Published
r -os-za -1..9~\o
ORDINA.N::E NO. 776
Ot,p -f 3 -t.s> Lff.t,
• AN ORDINAN::E DEFINING RESTAURANT, ITINERANT RESTAURANT, EMPLoYEES, UTENSILS,
HEALTH OFFICER, ETC., RE QU:IRING PERMITS FOR THE OPERATION OF SUCH EST.ABLISHMENI'S,
PROHIBITING THE SALE OF ADULTERATED, UNWHOLESOIVlE OR MISBRANDED FOOD OR DRINK, REGU-
LATHll THE INSPE.'CTI ON OF SOOH ESTABLISHMENTS, THE ENFORCEMENT OF THIS ORDINOOE AND
THE FIXING OF PENALTIES,
~HEREAS, The Ci ty of Lubbock has no adequate ordinance regulating eating and dri
ing establishments and it is deemed ess ential for the preservation of public health
and safety that all such establishments be required to maintain uniform sanitation
throughout the City of Lubbock and within its police jurisdiction, THEREFORE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LUBBOOK:
Section ~. Definition. The following definitions shall apply in the interpreta-
tion and the enforcement of this ordinance:
··,-
A. RESTAURANT.••The term •restaurant• shall mean restaurant, coffee shop, cafe-
teria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain, and all
other eating or drinking establishments, as well as kitchens or other places in which
food and drin.lt is prepared for sale elsewhere.
B. ITINEPJLNT RESTAURANT.w•The term "itinerant restaurant" shall mean one opera~
ting for a temporary period in connection with a fair, carnival, circus, public ex•
hibition, or other similar gathering.
c. EMPLoYEE.--The term "employee• shall mean any person who handles food or drink
during preparation or serving, or who comes in c~ntact with any eating or cooking
utensils, or who is employed in a room in which food and drink is prepared or served.
D. UTEMSILS.-"Utensils• shall include an;y kitchenware, tableware, glassware,
cutlery, utensils, containers, or other equipment with which food or drink comes in
contact during storage, preparation, or serving.
E. HEALTH OFFIC~--The term "health officer" shall mean the City Health Officer
of the City of Lubbock or his authorized representative.
F. PERSON.--The word "person• shall mean person, firm corporation, or associatio
Section 2. Permits. It shall be unlawful for any person to operate a restaurant
in the City df Lubbock or in its police jurisdic·tion who does not possess an unre-
voked permit from the health officer. Such permit shall be posted in a conspicuous
place. Only persons who comply with the requirements of this ordinance shall be en-
titled to receive and retain such a pevmit. A person conducting an itinerant restau-
rant shall also be required to secure a permit.
Item 1M• ~LIGATION --Application for permit must be made in writing upon forms
prescribed and furnished by the City Health Dept.. The City Health Dept. shall issue
a permit in writing when the applicant has complied with the requirements of this
ordinance, rules and regulations of the City Health Dept. This permit shall remain
in full force and effect for the fiscal year of the City of Lubbock, beginning April
1st., and er~ing March Jlst., unless sooner revoked for violations of a~ provisions
of this ordinance an4/or rules and regulations of the City Health Dept.. Sucp per-
mit shall be renewed annually in like manner as hereinbefore prescribed, and is valid
for one full fiscal year of the City, or a fraction thereof. This permit shall be
nonwtransferable.
u
.
Item 2 ·-~ perm~t gra~ted here~under shall be subject to revocation at the
direction of the City Health Officer for failure of the grantee named therein or aqy
of his, her or its employees, agents or representatives, or any of them to carry on
the business or activities described in such permit in accordance with all food and
sanitary laws of the State of Texas, ordinances of the City of Lubbock, rules and
regulations of the Health Dept. of the City of Lubbock, and all official orders pur~
suant thereto, and upon notice of such revocation, the operation of such business or
activities shall immediately be discontinued until the terms and provisions of this
ordinance are complied with.
Section 3. Examination and condemnation of unwholesome or adulterated food or
drink. Samples of food, drink and other substances may be tqken and examined by the
Health Officer as often as may be necessary for the detection of unwholesomeness or
adulteration. The Health Officer may condemn and forbid the sale of, or cause to be
removed or destroyed, any food or drirut which is unwholesome or adulterated.
Section 4. Inspection of restaurants. At least once every 6 months the health
officer shall inspect every restaurant located within the City of Lubbock and its po-
lice jurisdiction. In case the health officer discovers the violation of a~ item
of sanitation, be shall make a second inspection after the lapse of sueh time as he
deems necessary for; the defect to be remedied, and the second inspection shall be
used in determining compliance with the requirements of this ordinance. A~ viola-
tion of the same item of this ordinance on such second inspection shall call for im"
mediate revocation of permit.
One copy of the inspection report shall be po8Bd by the health officer upon an ia~
side wall of the restaurant, and said inspection report shall not be defaced or re ..
~oved by any person except the health officer. Another cop,y of the inspection report
shall be filed with the records of the Health Dept ••
The person operating the restaurant shall upon request of the health officer per-
~it access to all parts of the establishment and shall permit copying a.ny or all re-
~~ds of food purchased.
Section 5. Sanitation requirements for restaurants. All restaurants shall comply
~ith all the following items of sanitation.
Item 1. Floors. The floors of all rooms in which food or drink is stored, pre-
pared, or served, or in which utensils are washed, shall be of such construction as
to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.
Item 2. Walls and ceilings. Walls and ceilings of all rooms shall be kept clean
and in good repair. All walls and ceilings of rooms in which fooq .or drink is stored
or prepared shall be finished in light color. The walls of all rooms in which food
or drink is prepared or utensils are washed shall have a smooth, washable surface up
~o the level reached by splash or spray.
Item 3. Doors and windows. All openings into the outer air shall be effectively
screened, scree~ doors shall be outward opening and self-closing, to prevent the
entrance of flies and other insects.
Item 4• Lighting. All rooms in which food or drink is stored or prepared or in
~ rnhicb utensils are washed shall be well lighted.
I Item 5. Ventilation. All rooms in which food or drink is stored, ___j served, or in which utensils are wa ,hed, shall be well ventilated.
prepared or
(J
Item 6. Toilet, .f~iliti~s. Every restaurant shall be provided with adequate ad.
coDYeniently located toilet facilities withia or adjacent to the \aildinc for its
eaployeea, confora:tnc with the orciiDaDCes of the City or Lubbock. Toilet rooas •h•ll
BOt open direotq into BlV' rooa in whieb. food, drink, or utensils are haDdled or stcn •
ed. 'l'he doors of all toilet roou shall lHt selt-olosiDC• Toilet rOOilS shall \e kept
in a clean co Deli tion, in cood repair, and well lichted ant Tentilated. Baad -waahiDc
sicu shall \e posted in each toilet rGO!I used by' employees. In case privies or
earth closets are perllitted aDd used, they ahall be separate .fr011 the restauraat
buildimc, and shall be of a sanitar,r type constructed and operated in contorm!t;r witl
the standards of the Sta~ Board or Health.
Ite.a 7. Water supply'. Rwmine water UDder pressure shall be easil;r accessi\le
to all roOIDs in which food is prepared or utensils are washed, and the water supply
shall •• adequate, and of a sate, s&Ditar,y quality.
Ite• 8. LaT&tory facilities. Adequate and convenient haDd-washiQ& .facilities
shall be provided, inolUdinc hot and cold runninc water, soap, and approved sanitar,r
tO'IJels. The use of a coJUDon towel is prohiltited. Ho Ulployee shall resume work af-
ter using the toilet room without first washinc his hands.
Item 9. Construction of utensils and equip11ent. All multi-use utensils and all
show and displq eases or windows, counters, shelves, tables, refrigerating equip-
aent, ainks, a..ad other equipaent or uteasile used in co.Dnection with the operation
of a restaurant sball be so conetructed as to be eaail.7 cle&ll8d and shall De kept ill
&ood. repair. Utensils containinc or plated with oadai'D or lead shall not \e usedl
Provided, that solder conta.ininc lead 'fM1' lte used tor Joilltinc.
I tea 10. Cleaninc and 8actericicial treataent of utensils and equipr~ent. All equip •
I aent, including displq oases or windows, counters, shelves, taales, refrigerators,
&OYea, hoods, and aiaks, shall ee kept clean and free froa dust, iirt, insecta, aDd
other contaminatiDg material. All clothes uaed by waiters, chefs, aad other eaplOT-
ees shall be clean. Siflile•service containers shall be used o.llly once.
!11 multi-use eating aDd drinkinc utensils shall be thoroughly cleaned and effect·
ivel7 suejeoted to an approved Aot water sterilisation process after each usage. All
multi-use utensils used in the preparation or servinc of .food and drink shall be
thorouchl:r cleaned and effectively subjected to an approved bactericidal process im-
mediately following the dq's operation. Deying cloths, if used, shall \e clean and
shall be uaed tor no other purpose.
No article, polish, or other substanee containing &D\Y c;yani<ie preparation or other
poisonous material shall be used for the ole&Biag or polishing of utensils.
Itea 11. Store&• and haDdling of utensils and equip.~~ent. A.tter baatericiGlal
treatment utensils shall 8e stored in a cle8Jl, dry place protected troa flies, dust
aDd other contaaination, and shall De blDdled in such a ..nner aa to preTent contu-
ination as far as practicable. Single-service utensils ahall lte purchased only in
s&Ditar7 containers, shall De stored therein in a clean, dr,y place until used, and
shall be ha.Ddled in a san! tsr;r JllaDler.
It.em 12. Disposal ot wastes. All wastes shall •• properl7 disposed of, and all
garb&ie and trash shall •• kept in sui table receptacles, in such IR8.DD.er as 110t to
8ecoae a nuisance.
Item 13. Refrigeration. All readily perishable food aDd drink shall lte kept at
or Delow SO degrees F. except when \eiQc preparea or served. Waste water froa re•
friceration equipment shall ~• proper~ disposed or.
()
0
4o
Item 14. Wholesomeness 'Of food and drink. All food and drink shall be clean,
wholesome, free from spoilage, and so prepared as to be safe for human consumption.
All milk, fluid milk products, ice cream, snd other frozen desserts served shall be
from approved sources. Milk and fluid milk products shall be served in the indivi-
dual original containers in which they are received from the distributor or from a
bulk container equipped with an approved dispensing device; Provided, that this re-
quirement shall not apply to cream, which may be served from the original bottle or
from a dispenser approved for such service. All o.ysters, clams, and mussels shall
be from approved sources, and if shucked shall be kept until used in the containers
in which they are placed at the shucking plant.
Item 15. Storage, display, and scrvir.g of food aild drink. All food and drink
shall be so stored, displ~ed, and served as to be protected from dust, flies, ver~
min, depredation and pollution by rodents, unnecessary handling, droplet infection,
overhead leakage, and other contamination. No animals or fowls shall be kept or
allowed any room in which food or drink is prepared or stored. All means necessary
for the elimination of flies, roaches, and rodents shall be used.
Item 16. Cleanliness of employees. All employees shall wear clean outer gar•
ments and shall keep their hands clean at all times while engaging in handling food,
drink, utensils or equipment. Employees shall not expectorate or use tobacco in a~
form in rooms in which food is prepared. Employees shall use hair nets, head bands ·
or caps while engaged in handling food, driruts, utensils, and or equipment.
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 aDY room used as living or sleeping quarters. Adequate lock•
ers or dressing rooms shall be provided for employees' clothL~g and shall be kept
clean. Soiled linens, coats, and aprons shall be kept in containers provided for
this purpose.
Itinerant restaurants. Itinerant restaurants shall be constructed and operated
in a manner approved by the City Health Officer.
Section 6. Restaurants which m~ operate. From and after six months from the
date on which this ordinance takes effect no restaurant shall be operated within the
City of Lubbock, or its police jurisdiction, unless it conforms with the require-
ments of this ordinance: Provided, that when aDY restaurant fails to qualify the
health officer is authorized to revoke the permit.
Section 7. Reinstatement of permit. ~ restaurant, the permit of which has
been suspended may at any time make application for 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 provision or pro-
visions of this ordinance have been conformed with, the health officer shall make a
reinspection, and thereafter as ma~ additional reinspections as he ~ deem neces-
sary to assure himself that the applicant is again complying with the requirements,
and, in case the findings indicate compliance, shall reinstate the permit.
Section So Disease control. No person who is affected with any disease in a
communicable form of is a carrier of such disease shall work in any restaurant, and
no restaurant shall emplo.y 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 managersuspects that an.y employee has contracted any disease in a
communicable form or has become a carrier of such disease be shall notify the health
officer immediately. A sign containing this section shall be poSed in all toilet
rooms.
u
5.
Item 1. All persons working in or about eating or drinking establishments must
comply with the he_alth certificate ordinance of the City of Lubbock.
Section 9. Procedure when infection suspected. When suspicion arises as to the
possibility of transmission of infection from any restaurant emplo.yee the health
officer is authorized to require any or all of the following measurest (1) the im-
mediate exclusion of the employee from all restaurants; (2) the immediate closing of
the restaurant concerned until no further danger of disease out-break exists, in the
opinion of the health officer; (3) Adequate medical examinations of the employee and
of his associates, with such laboratory examinations as may be indicated.
Section 10. 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 at the City Secretary's
office.
Section 11. Penalties. Any person who violates any provision of this ordinance
shall, upon conviction, be fined not more than ~100.00 at the discretion of the
court having jurisdiction. Each and every violation of the provisions of this ordin-
ance shall constitute a separate offense.
Section 12. The operation or maintenance of a~ restaurant, or the preparation
for sale or the sale of aey food or drink for human consumption within any restau-
rant during any time when provisions of this ordinance are not being reasonably com-
plied with shall constitute and such acts are declared to be nuisances subject to
abatement by inQunctidn when conditions in any restaurant constitute a menace to pub
lie health, and this provision is cumulative of all other enforcement remedies.
Section 13. Repeal and date of effect. All ordinances and parta of ordinenees
in conflict with this ordinance are hereby repealed, and this ordinance shall be in
full force and effect immediately upon its adoption and its publication as provided
by law.
Section 14. Unconstitutionality clause. Should any section, paragraph, sentence,
clause, or phrase of this ordinance be declared unconstitutional or invalid for a~
reason, the remainder of said ordinance shall not be affected thereby•
AND IT IS SO ORDERED.
Passed and approved first reading this the ..;;23;.;:;;.__day of -!~ta~y.._ _____ , 1946.
Passed and approved second reading this the 13thday of Jun~e __________ , 1946.
ATTEST: Mayor
.iJu;/,;, ~ .. ~ .. ,(_
City Secretary