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3 `71. ORDINAPtCE NO 8861 An Ordinance regulating establishments where food and~or drink is pro' vided for consumption by the public and repealing all Ordinances in conflict there- with and declaring an emergency. TFiE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The term "restaurant" shall mean any establishment where food or drink is prepared for consumptions by the public, but shall not include railroad dining cars. The term "itenerant restaurants' shall mean any restaurant operating tempor- arily in connecticn with any fair, carnival, circus, public exhibition or similar gathering. The term s'l~ealth officer" shall mean the City health officer. Section 2. It shall be unlawful for any person to operate a restaurant without first procuring a license to do so from the health officer. Such license shall be posted in a conspicuous place on the premises of the licensee. Application for such license shall be in writing in the form prescribed by the licensing official and shall contain the name and address,of the applicant and any other information which the licensing official may require. All licenses issued hereunder shall terminate and be renewable on December 31 of each year. Every applicant for a license or renewal thereof shall pay to the health officer a license fee, the amount too be determined as follows: (1) Up to and including 25 serving spaces and~or area in which a customer or persons may be served at one sitting, a minimum fee of X10.40. (2} For each additional serving space and~or area in which a customer or person may be served at one sitting, a fee of 25 cents. (3) The combined licensing of one and two above shall not in any event exceed the maximum of X25.00. (1.}) The largest number of persons or customers who can or may be served at any one sitting during the license year, shall determine the capacity of the establishment and fee thereof. The licensing official hereby is authorized and empowered to suspend, refuse or revoke any license hereunder if it shall appear upon hearing before the health officer that the licensee or applicant has violated any of the provisions oz" this act or any rule or regulation promulgated hereunder. The licensee may appeal to the Council and the findings of the Council shall be final. Section 3. Samples of food, drink and other substances may be taken 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