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HomeMy Public PortalAboutOrdinance 222ORDINANCE NO. .222 AN ORDINANCE REGULATING STORES, VEHICLES AND OTHER PLACES IN THE CITY OF BEAUMONT WHERE FOOD OR DRINKS ARE PREPARED FOR SALE, SOLD, DISTRIBUTED, OR DISPLAYED FOR SALE. THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: SECTION 1. For the purpose of this ordinance the words beverage places" means any place where alcohol, spirits wine, beer or any liquid containing one-half of one per more of alcohol by volume either alone or when diluted, combined with other substances is sold, distributed or for beverage purposes to be consumed on the premises. "alcoholic , liquor, cent or mixed or displayed SECTION 2. It khall be unlawful for any person, firm, or corporation, owning, controllin g, leasing, acting as agent for, conducting, operating or managing any restaurant, cafe, cafeteria,linah counter, soda fountain, ice cream parlor, fruit stand, soft drink stand, alcoholic beverage place, grocery vehicle or other place in the City of Beaumont where food is prepared for sale, sold, distributed or displayed for sale, to conduct or operate or cause Or permit to be conducted or operated any of the above named places or other place or vehicle where food or beverage is prepared for sale, sold, dis- tributed or displayed for sale or for any person to sell or offer for sale or cause to be sold or offered for sale any food or bev- erage therefrom without first applying for and receiving from the Health Department of the City of Beaumont a permit therefor in the manner hereinafter provided or without complying with the regula- tions herein set forth. PROVIDED: that this ordinance shall not apply to cigar stands or other places or vehicles or business where no food or beverage of any kind or nature is offered for sale or sold, other than candy or soft drinks received in sealed packages or boxes or bottles where the seal or seals on said packages or bottles are not broken prior to the sale thereof. SECTION 3. Every applicant for such permit shall file with the Health Department of the City of Beaumont a written application which shall state the name and address of the applicant, a descrip- tion of the property wherein or whereon it is proposed to conduct any place of business specified in Section 2 hereof, also the character of the business which is proposed to be conducted and such other information as the Health Department of said City of Beaumont may require. Every applicant for such permit shall at the time of the making; of such application deposit with and pay to the clerk designated by the health officer to receive such application, the annual inspection fee hereinafter in this ordinance established. PROVIDED: That the payment of such fee need not be required of any applicant who can show that he or she has served in the military or naval forces of the United States and that applicant has been honorably discharged therefrom. SECTION 4. Upon the filing of such application, accompanied by the fee herein provided, it shall be the duty of the Health Department of the City of Beaumont or its agents, to investigate the matter set forth in such application and the sanitary conditions in and about the place or vehicle wherein or whereon it is proposed to conduct the business mentioned in the at5plication, and whether said place or vehicle conforms to the requirements of the ordinances of the City of Beaumont and with the rules and regulations of the Health Department of the City of Beaumont and unless it shall appear to the satisfaction of the said Health Department that such place or vehicle conforms to the requirements of this ordinance,and is proper and suitable for such business, such application shall be denied. A permit shall be granted only on the express condition that it shall be subject to revocation or suspension by said Health De- partment upon a showing satisfactory to said Health Department of the violation by the holder of such permit, or by his employe,servant, or agent, or any other person acting with his consent or under his authority, of any provision of any ordinance of the City of Beaumont, or any law of the State of California, or any rule of the Health Department of said City of Beaumont regulating places of the character set forth in Section Two of this ordinance; and provided further that such permit may be transferable upon application to the Health Department and with its consent. SECTION 5. Every person, firm or corporation applying for a permit under the provisions of this ordinance shall at the time of making application for such permit pay an inspection fee of Five Dollars (4?5.00) to the clerk or employe of the Health Department of said city designated to receive such fee. All moneys received as inspection fees under the provisions of this ordinanc shall be paid into the City Treasury and placed in the Fund. A permit, for which application is made, under the provisions of this ordinance, may be granted at any time during the year, but all permits granted hereinunder shall expire on the 31st. day of Dedember of the year in which the same is granted, and the same must be renewed at the beginning of the calendar year. If the inspection fee remain unpaid for thirty days after the beginning of the year a penalty of twenty percentum, of such fee will be added thereto and must be paid at once. SECTION 6. It shall be unlawful for any person, firm or corporation to maintain, conduct, operate or manage any of the places or business- es mentioned in Section 2 of this ordinance, where food or beverage is prepared for sale, sold, distributed or displayed for sale without complying with the following regulations: (a) All owners, proprietors, or persons in control of the places mentioned in Section Two of this ordinance shall keep accurate and complete lists of all persons employed in such places, indi- cating sex and color and duties performed by each employe, and shall furnish a copy of same to the Health officer of the City of Beaumont, which copy must be kept constantly revised up to date by said owner, or manager and in constant agreement with all changes of personnel. (b) It shall be the duty of all owners or managers of any of the places mentioned in Section 2 of this ordinance to report to the Health Officer any person in his employ reasonably suspected of being afflicted with communicable disease, whereupon it shall be thi duty of the Health Officer to examine or cause to be examined such person, who shall no longer be permitted to work in any of the places mentioned in Section 2 of this ordinance, without a written permit signed by the Health Officer. (c) Every place of the character mentioned in Section 2 of this ordinance shall be properly lighted, drained and ventilated. All rooms wherein food is prepared or handled shall have not less than ten foot candles of light on all exposed surfaces during the time such rooms are being used for the purpose above indicated. (d) All sidewalls, ceilings, shelving, and supporting structures shall at all times be kept in a clean and sanitary condition. (e) All food or beverage in the process of preparation, distribution, or display must be securely protected from flies, dust, dirt and other foreign or injurious contamination. No fruit,vegget tables or other foodstuffs, not securely packed in wood, tin, or similar impervious material, shall be exposed for sale or stored nearer than 18 inches to the ground. No milk or cream shall be held for sale in retail establishments unless kept in clean surroundings and refrigerated so that the temperature shall not exceed 55 Deg. F. at any time. Milk or cream so held shall not be placed or kent in meat boxes unless milk bottles or containers are enclosed in a separate compartment or otherwise securely pro- tected against dripping or other contamination from meats. Meat, poultyy, game or fish shall not be kept in contact with surfaces or wood or other permeable materials and shall not be placed in direct contact with shelving, gratings, or other fixtures in refrigerators or storage compartments. (f) All igarbage and waste subject to decomposition must be kept in metal containers with tight fitting covers and must be re- moved daily. (g) All clothing of all employes, clerks, and other persons therein employed must be kept clean. (h). The doors, windows and other openings of every place or vehicle of the character of those mentioned in this section shall be fitted with self-closing screen door and wire window screens of not less than fourteen mesh to the inch, which shall be close fitting and in good condition as hereinafter provided. (i) Every place of the character of those mentioned in Section Two of this ordinance, excepting vehicles, shall have con- venient and adequate toilet rooms separate and apart from the room or rooms where food is prepared, served or stored. The floors in such toilet rooms shall be of smooth, non-absorbent material, and rooms shall be furnished with separate ventilating flues or windows to the outer air, and shall be well lighted. They shall be at all times fly -tight and every reasonable precaution must be observed to prevent the access of animals or insects to human excrement. (J) Lavatories and wash -rooms shall be adjacent to or in toilet rooms and shall be supplied with running water, soap, and individual towels, and shall be maintained in a sanitary condition. All employees and others who handle food or the ingredients of its preparation shall, before beginning work, or after visiting toilets, wash their hands and arms thoroughly. (k) No person shall be permitted to sleep or store articles used for sleeping purposes in the kitchen or dining room or any other room in the places of business mentioned in Section 2 of this ordinance, Neither shall articles of clothing be stored in such Looms. (1) No owner, or other person in control of a place or vehicle of the character of those mentioned in Section Two of this ordinance shall provide or expose any toweling or similar article except individual paper towels for use of employes or the general public, or permit any towel or similar article to be so provided, exposed or used unless such towel has been laundered after each separate use. (m) All dishes, glasses, silver, and other implements used by the customers, shall be thoroughly washed in hot solution of at least 1% strength of soda lye, or borax with soap, and then rinsed in clear water at or near boiling temperature, and either dried with a clean towel or allowed to dry in such a place that they are pro- tected from dirt or other contamination. All dishes, glasses, drinking cups, or other articles used for table service shall be kept in first class condition and repair, and dishes, glasses, or other utensils becoming cracked or damaged shall not be used, and if so used, may be confiscated by the Health Officer or Sanitary Inspector of the County of Riverside. 1. All drinking glasses, dishes, silverware, and other utensils, except single service, used at places dispensing food or drinks shall be washed after each service until clean to the sight and touch in warm water (minimum temperature of 120 Deg.F.) contain- ing soap or alkali cleanser. 2. After such washing, all such glasses, dishes, silverware, and other ute&sils shall be subjected to one of the following processes: (a) IJr,mersion for at least five minutes to the bacteri- cidal action of water heated to a minimum of 170 Deg. F. (b) Exposure for at least five minutes to�,Pteam in a closed compartment. (c) Immersion in a solution of water to which has been added an approved chlorine preparation. Said solution to contain 200 parts per million of available chlorine at the time it is prepared, and shall be maintained et not less than 100 parts per million of available chlorine at all times that said solutions is in use. (d) The health department may give its written permit to the use of other equally effective methods of treatment. 3. After such immersion or other approved method of sanitiza- tion, such glasses, dishes, silverware and other utensils shall be stored in such a manner as to be free from flies, dust and contamination. 4. In lieu of the above requirements, single -service cups and other utensils made of wood, paper, or plastic, and used for one service only, shall be permitted, and shall t,:) be so stored until used as to be kept free from flies, dust, and other contamination. (n) All restaurants, lunch counters, soda fountains, bars, ice cream parlors and meat markets must be provided with running water and sink fixtures of metal or porcelain having two or more compartments. An'adequate supply of hot water must be available at all times while business is being conducted. (o) All paper cups and straws used at soda fountains and soft drink stands shall be kept in suitable containers so as to be protected from dust and flies. (p) No cask, water cooler, or other receptacle shall be used for storing or supplying drinking water to the public, or to employes, unless it is covered and protected so as to prevent persons from dipping the water therefrom or otherwise contaminat- ing the same. (q) No owner or manager of any premises described in Section 2 of this ordinance shall permit the presence or infestation of said premises by rats, mice, roaches, or other vermin. (r) The owner, proprietor, or person in control of every place or vehicle of the character of those mentioned in Section Two of this ordinance, shall keep posted in a conspicuous place, in his place of business, or if a vehicle then thereon, a copy of the permit granted to him under the provisions of this ordinance. SECTION 7. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than ten dollars ($10.00) nor more than three hundred dollars 0300.00) or by imprisonment in the county jail of the County of Riverside for a period of not less than five (5) days, nor more than three (3) months, or by both such fine and imprisonment. SECTION 8. It shall be lawful for any Peace Officer and any member or employe of the Health Department to enter in and upon any premises herein mentioned at any time for the purpose of inspecting the same. Permit herein provided for shall contain a provision providing for such inspection by any Peace Officer, or member or employe of the Health Department. If such inspection be refused the permit shall be forthwith revoked. SECTION 9. Every person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a separate offense for each day, or any portion of whic)[, such violation continues, and shall be punished therefor, as herein provided. SECTION 10. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published once in the Beaumont Gazette, a newspaper of general circulation, printed, published and circulated in the City of Beaumont, and thirty days after its adoption this ordinance shall be in full force and effect. PASSED and adopted this 231 day of &ei 1944. Attest: 04-1444,4 ity Clerk. I, Bernice Conine, City Clerk of the City of Beaumont, hereby certify that the foregoing ordinance, being Ordinance No. of the City of Beaumont, was introduced and read at a regular meeting of the City Council of said City, duly held on the i3 �� day of "`P4 _ 1944, and that the same was on the v„ s day of 1944 at a regular meeting of said City Council duly passed and adopted by the following vote: AYES: Councilmen � atm a - NOES: Councilmen e.,,.i.. ABSENT: Councilmen, (Seal) City Clerk.