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HomeMy WebLinkAboutORDINANCE NO. 87832~8 1'.ESTU~:~~~:T GLiDIhl\~ACE ORDIi~T~'~T1CE i~:IO. 5783 AN ORDIi?AT~CE fiOVIDIT:~~G FOR TTE LUGET~~E RE`.;U_ RIi„G ~'HT SATrITriRY R.EGUi~yTIOT~S rT~~OVIDIl~IC A ~~E~,TALTY CLr.SUIFTCATIOi'~ OF I1\~ ~' ~Ci'IOT~T AI~~D LI AL~FLIC~.BLE TO T?-I.L FOR THE VI~~L~`I'ION, i;liTli~1G ~iACnS ~';ITI~Ily THE: CITY OF ..",ET• SI'~G OF TrIE UAT`J'E, ESTABLI~sHIT'iG FG;;~TIrr•,+;L'•lv' i, COi~:`i,AIT'-FD `~''~IE~'EIi` Al~~ A ~iD DECL~~; I;'C AT•1 E:;ERGElTCY. The common Council of the City of Eugene ordUin: Section 1. Defiiiitiorl. No r•estuar•atit, hotel, school, inn, tea house, boarding house, luric.h counter, co~6fee, shop, tavern, soda, beer or liquor bar or• counter shall be alloti°ued to use any china, ~mrcelain, metal or ~;la:•s..are, except as sold from the original container, for tl~e serving cr puaveying ~f° food or drinks to be cnrisur~led orl the property, unless a license or• perrc. t thereof shall have first been obtained from the City Cler•l~ vviti. the written consent of the Department of Health. In order to pay ~:s ne:_ rly us ~ ossia:.le the cost of inspecting ~ nd licensi staid establisher: ~rlts, and the equipment t .erein, by the Department of ealth, as hereina:C'tcr provided for, and to ever fire cost of Gdruirristratior~ of this ordinance, 4n annual sa..~itar•y license fee shall '..e charged wit a r:.~inir,iurn of ~10.0U and a r«axirnum of `.25.00, to be determined by the ti~•e~.ting capac~ ty of each establisYirrient, ar.ld sh~.ll ~ e paid to the City; t~ler•k by tr e perso~i seeking, such k~etiriit . x,11 licenses snail be issued annually and shall terminate on June 30 of each year. Exemi~tions. All hospitals, also dormitories, churches, fraternity houses, schools ar.i~i boarding pauses that are not open for• individual meals to the general public, shall be exempt from the annual sarlitazy license fee. Lxerr~ptions fz°om license fee a1~c~ pertr~it shall not be contrued to mean t~:at the Department of Health vaaives its right to inspect and regulate any and/ or all i places vvher•e food is served to others should the Department of Health deem it adTd~isable to do so. Uection 2. Author•it.y and Duty. The City Health Officer, or ells aut br•izen agent is hereby severally given autrror•ity and it shall b e their duty- whenever they believe it desirable to do so to enter and inspect any and all parts of any pr•oper•ty having to do vuitr~ the preparation and serving cif food or drinki It shall .:e the duty of said owner of any such property to per•~nit said office, s ar~d n~ember•s of said Department to execute such an inspection at any titno. A report in writing; shall be made by tie inspecting officer in duplicate and signed try him, accompanied by arry recorr~iendation he may deem proper. Ore copy mu t be left vvith the owner or pr•opr•ietor of the establisr,,rnent and one filed ~:ith tree l~iealth Departrrient to be used for a wr•itter~ report tY~at shall be r~lade each rr~onth by the Inspector and pre- sented to the ward of health for t_reir review. ti"~henever, as a result of any such inspection, conditions that are unsanitary or unhealth~'ul ar•e reported grid/or• if the ovvner• or operator of any est~.,blishrnent refuses or neglects to vuash or sterilize the dishes, glass or metal-vvar•e according to the published r•ules:.of the Health Department, or if tiie ov.ner• or operator of such establisl~unent shall refuse to remedy any other unsanitar•~;- condition reduired by said inspector, to the satisfaction of the Dealt officer and the Department of Health, the matter may be nought to the Board of tIealtir for action. :hen such license has been revoked by the Department of Dealt an a~~peal may be taken bu such licensee to the Common Council to be acted upon by them as to wnether• or not said Sanitray License shall be revoked. In all such cases it shall l;e the duty of the Department of Health to report such cases to the Common Council where t~~lo unsatisfactory reports of a single establishment ar•e received within a single year vVhere in the opinion of the Department of Health both cases consitute major deliquencies detrimental of public health. Section 3. Duties, kolas and kegulations. It shall b e the duty of tiie health Department to issue rule and regulations for• the proper ti4ashing and/or sterilization of all dishes, glass aricl metal-~':•ar•e used for• the serving or preparation of food or• drink. It shall be 2~9 the duty of each owner and operator of each establishment of compy with said. rule and regulations ~s part of this ordinance. much rules and regulations when. made shall be published and shall be issued to all licenses by the Health Department. Failure to comply with sip-d rules and r•e~;ul~.tions shall be punishable in the same manner as failure to corriply with other portions of this ordinance. Section 4. Lcuipment All tables, bars, floors, sinks, Stoves and other' equip- ment must be kept clean, s~.nitary and reasonably dry at all times. All parts of the establishtr~ent, used for the preparation of food as well as parts used by the public must be properly lighted and ventilated at all times while in use. Proper light on all sinks, work tables, range tops and counters ua.ed for the preparatior_ of food shall not be less than ten foot-candle;. of light. Section 5. Er~~ployees. The personnel of all restaurants, lunch counters and bars shall keep tklemselves clean and tidy at all times. It shall be unlawful for any person having a contagiuous or communicable disease to work in or• be ~•art of any establishment serving food or drink in the City of Eugene. ~'dhenever any person is suspected of having any such disease) the Health Officer may require thGt said person submit to any ehamin~tion by a local physician, the responsibility of such an examination to be paid for• by the employee. .The Health Officer shall have the power to prohibit the employment of any person who in his opinion is infected with any communicable disease. Section 6. Toilets. Sanitary toilets shall b e provided and must be located easily accessible to the establishment. Suitable lavatory facilities shall be provided and local:ed in or near the ,toilet rooms. Running hot and cold mater, soap and individual tov~els must be provided at all times ~t all lavatories. Section 7. Premises to be free from 'vermin. All public eating places shall be so maintained at all times as to 'ce free from rodents, roaches,,. vermin, flies, insects, dirt arld dust. Se:c,t2on,S.~_.. Cleansing of Dishes. All utensils used in the preparations, service and sale of any food or drink intended for human consumption, and all knives, forks,spoons plates, dishes, cups, saucers and glasses used in the preparation of food or drink intended fox human COI1SUnlptlor~ shall be thoroughly cleansed after being used, and no such utensil or• knife, fork, spoon, plate, cup, saucer, glass or dish s:riall under any circumstances be used a second time unless it shall 'nave been, after the previous us e. thereof, so cleansed. In the cleansing process the use of w~.:;ter• which hGs become insanitary by previous use thereof is prohibited. The term 'rpr•operly cleansedT' as herein used shall be taken to mean tr,.e process of cleaning or cleansing utensils used in the prepUrution, service and safe of food or drink for human consumption, in a solution of soap or soda or suitable cleansing agent in hot water, followed by an inamer•sion in clean scalding water with a teffiper•atur•e of not less than 170 degrees F. for a period of tvuo minutes, or by sterilization with live steam; or by some other equally effective method approved by the City Health Officer. All crockery, eutler-y, glass-mare ar~d cooking, eating and drinking utensils which have been properly cleaned and sterilized must be stored, kept and handled so as to prevent contain nation from dust, dirt, flies and other sources. erection 9. Utensils to be Properly T~~Tade. All apparatus, utensils, and appur•terlances therof used in the preparation and handling of food or drink shall be so constructed and placed that they can be tn.or•oughly cleansed, and they must be kept clean, sanitary and in good repair. The use of any utensil or dish in tree prepay°ation, service and/or sale of food err?d/or drink, which is badly work, rustSd, corroded, cracked, shipped, or in such condition th.t it cannot be rendered clean and sanitary by. washing, is prohibited. 260 __-=--- - - _-_--~-----t------_ -- -=_ =- == _ ---- -_ ----_ -_--_- - - Section 10. Sinks, Type 1~~equired. All sinks installed for sick ~n~ashing purposes in any publi eating place herea_f~er constructed, re-modeled or newly opened for business shall be of metal, constructed with two compartments, with metal dr•ainboards grid splash back el~tending one (1) foot above such sink. All sinks shall be ddec~uately supplied v~;ith hot ar~d cold water under pressure of the city rains, and be install and maintained as requirEd by the Plumbing Code. Section 11. Care of goods. All food, wriether in its natural state, cooked, or pre- pared for serving, shall be kept clean and wholesorr~e and it shall be so kept as to avoid pollution or• contamination by exposure-to tl~e elements or public contact,i or- to dust, dirt, flies, insects, and/or vermin, or• by cats, dogs, rodents, or ot~~er animals, or fowls, and it srlall not be allowed to become decayed, infected, poisoned, or• unwholesome, nor srlall any harmful cherr~ical be used to preserve, color, or improve its appearance or flavor, and it shall be unlawful for• any proprietor of any public eating place to sell, offer for sale, of display for salel, or pertr~it to remain therein any food which by reason. of ale, fermentation, decay or infection has become unfit for human food, and the pre: ence o~' any such unfit ~, food or drink in any public eating place shall f-~e deemed as sufficient cause for the prosectution of the owner or proprietor for a violation of this ordinance. Section l~. Score Cards. The Health Departrrrent shall prepare and ~zse score cards in checking and summarizing the inspection of any and all such establishments as/a! herein referred to. r~ grade card showing tl}e date of the posing of the sameshall be posed in each establishrr~erlt serving food and beverage for -consurr.ption therein by the Depar•tr:rent of Health. Said cards shall be posted in a conspicuous place iri said establishment and shall not be changed or altered by anyone el cept the I7ealth Officer or by his agent. Section 13. Penalty. Any person violating any of the provisions of this ordinanc or failing or• neglecting to obey any order of requirement of the Department of Health, or any .officer or agent of trre said Department in respect tl~ereto, shall upon conviction thereof, be punished by a fine not exceeding one hundred dollars 0100) , and costs of prosecution, or by imprisonrr_ent irl the Lane County Jail for a period. Trot to exceed ninety days, (90), or bot:~~ such fine and imprisonment in the discretion of the court. Section 14. All ordinances and parts of ordir~arlces in conflict herewit are hereby repealed. Section 15. ti'uhereas the inspection of eating p)_aces within the City of Eugene is necessary to the health, safety, and welfare of the citizens of the City of Eugene and there is no adequate inspection at this time. It is, therefore declared that an emercency exists. That the foregoing ordinance take effect immediately upon its passage and approval by the Common Council of Eugene, Oregon. PAS ED r3Y THE COIvi~~50Iv COUI<~CyL OF T~~IE CI`1Y OF EUGEIti'E, ur EGOIv This 10th day January, 1944. SIG1~'FD /s/Elisha Large 1~`ayor City of Eugene Attest: /s/ Sohn Fields kecorder Pro Tern City of L'ugene °e