HomeMy WebLinkAboutORDINANCE NO. 87842si~
REST~~U?=~,T~T flRUi ;ATvCE
ORDIT~TAI~TCE i\'0. 8'78
ATV' ORDIT:AT`~CE T''FOVIi~TITG FOR THE CLASSIFIC ~~TTO3\~ OF EATTTTG ;~T AC N ~" !':ITHITT THE CITY O
EUGE~~ RL~~,UIRING THE Il\S1'ECTIi7i`l: AiLTi I~ICET''SI~,~G OE` THE SAS ~. ESTADLISHI
UAT~liAi-iY REGUI~ITIOI`TS ART'LICAfiLE TO TT~E E yUI~PJ~ENT COT\~'~'.IT~~.~ THEREITtiT A?~'D
rROTTIDING A r1~TvALi'Y FOR TIIE' VIOLATION., Ai~~ DECLAFITTG ATE? ETU'EF.GET~?CY.
The city of Eugene does ordain a s follows :
Section 1. Definition.
No restaurant, hotel, school, inn, tea house, boarding hous
lunch counter, coffee shop, tavern, soda, beer or liquor bar or• counter shall be
allowed to use any china, pordelain, metal or glassvaare, except as sold from the
original container, for the serving or purveying of food or• drinks to be consumed
on the property, unless a license ar permit thereof shall have first been obtaine
from the City Clerk vvith the written con. ent of the Department of Health. In
order to apy as newly as Nossible the cost of inspecting and licensing said
establishments, and the equipment therein, by the r%epartment of IIe~ lth, as here-
inafter provided for, and to cover the cost of administration of this ordinance,
an annual sanitary license fee shall be c~larged for such permit, and shall be
paid to the City Clerk b,°. the person seeking such permit.
Said license fee shall be determined as follovas:
1. Up to and including 25 serving spaces and/or area i.r
which a customer or person may be served at one sitting, a minirnurn fee of ~~10,:U0.
2. For each additional serving space and/or areal in vvhichl
a customer or person may be served at one sitting, a fee of 25 cents.
3. The combined license fee of one and two above shall not
in any event exceed the maximum of~25.00.
4. The largest number of persons or customers who can or
may be served at any one sitting during tine license year,; shall determine the
capacity of the establishment and fee thereof.
All licenses shall be issued annually and shall terminate
on June 30 of each year.
Exemptions. All hosptials, also dorm'tories, churches,
fraternity houses, scriools and boarding houses that ar•e not open for individual
meals to the general public, shall be e.~e~m~pt from the annual sanitary license fee,
Exemptions from license fee and permit shall not be construed to mean that the
Department of Health waives its right to inspect and regulate any and/or all
places where food is served to ot~rers should the Department of Health deem it
advisable to do so..
Section 2. Authority and Duty.
The City health Gfficer, or• his authorized agent is hereby
severally given authority and it shall be their duty vtihenever they believe it
desirable to do so to•enter and inspect ar~y and all parts of any property having
to do with the preparation and serving of food or drink. It shall be the duty
of said ovlner of any such property to permit said officers and znomber•s of said
Department tc execute such an inspection at any time. A report in varitin~; shall
be rr~ade by the inspecting officer in duplicate aril signed b;° him, accompanied by
any r ecorru~nend~;tion ne array deerrl pr•oper•. One copy must be left with the ov~.ner
or proprietor of the establishn;ent and one filed witi~ the Health Department to
be used for a written report that shall be made each month by the Inspector and
presented to the board of Health for• their reviewl
~'.henever•, as a result of any such inspection, ccrrditions
th~.t are unsanitary or unhealthful are reported and/or if the owner or opera~or?•
of any establishment refuses or neglects to wash or sterilize the dishes, glass
or metal-ware according to the published rules of the Health Department, or if
the owner- or operator of such establishment shall refuse to remedy any other
unsanitary condit~:on required by said inspector, to the satisfactory of the
Healti~h Officer and the Department of Health, the matter may be brought to the
t~oGrd of Health for action. L"when such license has been revoked by the Department
of Health, an appeal may be taken by such licensee to the Common Council to be
acted upon by them as to v~.~lietrier or not said Sanitary License shall be revoked.
In all such uses it shall oe the duty of the Department of Health to report such
curies to the Common Council where two unsatisfactory reports of a single estab-
lishment ar•e received within a single year vaher•e in the opinion of the Department
of Health both cases constitute major deliquenc~~is detrimental of public Health.
202
j Section 3. Duties, F.ules and Regulations.
1
{ It shall be the duty of the Health Department of promulgGte
such rules and regulati ns concerning the subjects covered by this ordinance as
the Department deems necessary to facilitate the enforcement of the ordinance.
{ It shall be the duty of each ov.ner and operator of each establishment to comply
~ with said rules ar~d regulations as part of this ordinance. Such rules and regu-.
lations when mUde ::hall be issued to all licensees by the Health Department.
Failure to co~~r~ply with said rules and refutations shall Le punishable. in the same
i manner as failure to co~-nply with other portions of this ordinance.
Section ~. Equipment.
I All tables, bars, floors, sinks, stoves and other equipment
i must be kept clean, sanitary and r•easoriUbly dry at all tinier. All parts of the
establishment, used for• the prepar~.tion of food as ~°~:ell as parts used by the publ
must be properly li~;lited and ventilated at all times while in use. 'roper light
on all sinks, v,~ork tables, range tops and counters used for the preparation of
food si~iall_~not be less than ten foot-candles of light.
Section 5. Employees.
~ The peg sonrlel of all restauY-ants; lunci7 counters and bar°s
:hall keep themselves clean and tidy at all tinier. ~It shall be unlawful for any
person having a contagious or communicable disease t_~ work in or be part of any
establisYurzent serving food or drink in tlie- City of Eugene.
~~henever any person is suspected of having; any such disease,
the health Office rr~ay require that sled person su~~mit to any examination by a
local physician, the responsibility of such an e~ataination to be paid for by the
employee. The Ylealth Offic:;r• shall Have the power to prohibit the employ~•r~ent of
any per•ton who in ~iis opinion is infected vaith any communicable disease.
Section 6. ~l'oilets.
Sanitary toilets ti~Yiall be provided and must be located
e~rsily accessible to t;ie estUblisl-~rr~ent. Suitak~le lavatory facilities shal_1 be
provided and located in or near the toilet rooms. Running hot and cold v..ater,
soap and individual tov:~els must be provided at all times at all lavatories.
~ Section 7. Premi es to~be~'free from Verm_n.
All public eating places shall be so ~7;.aint•ained at. all times
{~ us to b-- free L ronr rodents, roacizes, vermin, flies, insects, dirt and dint t.
Section S. Cleansir~~; of Dishes.
All utensils used in the pr•r~par.ation, service and s~~~le of
ar~y food or• :~ririk intended for• human corisu.~rption, and all knives, forks, spoons,
;.;-later, dishes, cups, : ~:ucers and glasses used in the prepare floe of Food or
drink intended for- h'_-~nan consumption shall be thoroughly cleansed after L-eing
used, and no such utensil or knife, orli, spoon, plate, CUj?, Sa'u.Cer, glass or
dish shall under arty circut,~stances ._ , be used a secor_d time unless it shall have,
after the previous use thereof, so elearlsed< In the cleansing process the use of
v~:hater which has become unsanitary cy pz•ev' our use t:~rereof is prohibited.
`t'he term "properly cleansedz" as herein used shall be taken
to iriean file process of cleaning ar cienGsin~. atenUils used in the preparation,
service acid s ale ~ of food or drink for• human consumption, in a solution of soap
or soda or suitable cleansing agent in hot watex~•, followed by an immersion in
clean scalding water with a termpez•Gtur•e of not less than 17U degrees F. for a
period of tvvo mynutes, or by sterilization with live steam; or• by sorr~e other
equally effective method approjred by the City health officer.
All crockery, cutlery, gla.ssv~,are and cookie€, eating and
dr•inr._ing utensils vvhicY:~ have been properly cleaned and sterilized must be stored,
kept and handled so as to prevent cor~tarr~in~ floe from. dust, dirt, flies and other
sources.
Section 9. Utensils to be Properly iviade.
All appa.r•atus, utensils, and appurtenances thereof used in
the preparation and handling of-food or drink shall be constructed and placed that
they can be thoroughly cleansed, and they must be kept clean, sanitary acid iri
good repair.
2~3
The use of any utensil or• dish in the prepar•~tion, service
and/or sale of food and/or drink, vahich is badly vvor•rr, rusted, corroded, cracked,
chipped, or in such condition brat it cannot be rendered clean and sanitary by
washing, is prohibited,
Section 10. Sinks, type Rec,uired
i
All sinks installed for dish washing rurposed in any
pubiie eating place hereafter constructed, re-modeled or newly opened for businesl
shall be~•of -metal, constr•ucteu. with tv~~o compartments, with met~:l drain boards
and splash beck extending one (1) foot above such sink. All sinks shall be
adequately supplied with hot and cold water under pressure of the city mains,
and be installed and maintained as required by the Plumbing Code.
Section 11. Care of Foods.
S All food, whether in its natural state, cooked, or pre-
pared for serving, shall be kept clean and wholesome and it shall be so kept so
as to avoid pollution or contamination bt; exyoosur•e to the elements or public
contact, or• to dust, dirt, fl.iesk insects, and/or• verrn~.n, or• by cats, dogs,
z°~dents, or other animals, or ~~.°ovvls, and it small not be allowed to become
decayed, infected, poisoned, cr unwholesome, nor shall ar~y harmful chemical be
used to preserve, c~lor•, or iri?prove its appearance or- flavor, and it shall be
unlawful for• any pr•opr•ietor of any y~ublic eating place to sell, offer for sale,
or• display for sale, or• permit to remain therein any food vahich by reason of
age, fermentation, decay or• infection has become 'unfit for human food, and the
presence of any such unfit food or drink in any public eating place shall be
deemed as sufficient cause for the pr•osectution of the owner or proprietor for a
violation of this ordinance.
Section 12. Score Cards.
The Health i.%epartment small prepare and use scoxe cards in
checking and summarizing the inspection of any and al.l such establishments as/are
herein referred to. A grade card showing the date of the posting of the same
shall be ~~osted in each establishment serving food and beverage for constunption
therein by the Department of `Health. Uaid cards shall be posted in a conspisious
place in said establishment and shall not be changed or altered by anyone except
the I~ealth Officer or ~;y his agent.
:section 13. ~enalt r.
bny person vio7.ating any of the provisions of this
ordinance shall upon conviction thereof, be punished by a fine not exceeding
X100.00 and the costs of pr•osectuion, and in case of failure to pay the find, may'
be imprisoned in the City Jail for one d~.y for each ~r2.00 of the fine unpaid.
Section 14. All ordinances and parts of ordinances in conflict here-
vaith are hereby repealed.
Section 15. Z`:her•eas there is no inspection of eating places at this
tune within the City of Eugene, and many of the eating places are follovJing
practices iriirrrical to the health any weifa~.•e oz the citizens of Eugene.
An emergency is declared to e._ist and this ordinance is necessary for
the immediate preservation of the peace, health, and safety of the City, and it
if ordered that the ordinance take effect upon its paU==sage by tree Common Council
arld appr•ova~. by the Tfayor.
~"AnSTD BY Tim COiUuU'ON COTJl~iC1L• 0~' T?IE CITY C~~' EUGET',~ , OREGON
This 24ti~ day o:f' Jarluar•y, 1944.
SIC~T''ED /s/ Elisha Large Nayor
City of ;Eugene
Attest:
/s/ John Fields Recorder Pro Tem
City of :~ugene