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Home My WebLink AboutORDINANCE NO. 88613 `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 ~ "12 of, or cause to be removed or destroyed any food or drink which is urnrrholesome or adulterated. `" Section ~. At least once every six months the health officer shall inspect every restaurant located within his jurisdiction in the City of Eugene. In case the health officer discovers the violation of any provision of this e.ct or any rule or regulation concerning the grade in which the restaurant is classified, he shall make a secord inspection after the lapse of such time as he deems necessary for the defect to be remedied. Any violation of the same provision of this act or the same rule or regulation on such second inspection shall call ` for immaediate lowering of~the grade of the restaurant or suspension of license. One copy of the inspection report shall be posted by the health officer upon an inside wall of the restaurant, and said inspection report shall not be defaced or removed by any person except the health officer.. Another copy of the inspection report shall be filed with the records of the health department. The person operating the restaurant shall, upon the request of the health officer, permit access to all parts of the establishment. Section ~. (No provision) Section 6. There is hereby adopted and made a part of this Ordinance all regulations or amendments heretofore or hereafter made by the Stata hoard of Health pursuant to Chapter l~32, Oregon Laws, 1~L~5. Section 7. All restaurants operating under this act, axcept itinerant rastaurants as hereinbefore defined, shall be graded as A, B or C in accordance -~itr. the standards of s~.nitation set forth in.the rules and regulations ,of the state board of health. Itinerant restaurants shall be operated in a sanitary manner as directed by the rules and regulations of the state board of health; provided, however, that the provisions of this act relating to grading restaurants as A, B, and C shall not apply to itinerant restaurants. Section 8. Every restaurant shall display-at=a11 times in a place de- signated by the Health officers, a notice approved by the health officer stat- ing the grade of the establishment. Section 9. RTO restaurant shall be operated within i;Y.e City unless in conformance to grade A or grade B, or in the case of are itinerant restaurant, the rules and regulations of the state board of health relating thereto; provided, however, that when any restaurant fails to qualify as grade B, the health officer is authorized in lieu of revocation or suspension of license to lower the grade of the establishment and>permit its operating during a temporary period not ex- ceediug 30 days. The health officer is authorized to reinstate a license which has been revoked, suspended or denied and to reinstate a grade which has been lowered 3 `7 3 when it shall app3ar from the inspection of the health officer that the licensee is complying with the respective grade requirements. Section 10. No person who is affected with any communicable disease or is a carrier of such disease shall ~rork in any restaurant, 2rd no restaurant shall employ any such person c, ~.:y person suspected of being affected with any communicable disease or of being a carrier of such disease. If the restauran t manager suspects that any employe has contracted any disease in a communicable form or has become a carrier of such disease he shall notify the health officer immediately. A placard containing this section shall be posted in all toilot rooms. When suspicion arises as to the possibility of trarsmission of infection from any restaurant employe, the health officer is authorized to require any or all of the following measures: (1) The immediate exclusion of the employe from all restaurants, and (2) adequate medical examinations of the employs and his associates, with such laboratory examinations as may be indicated. Section lb (No Provision.) Section 12. (No Provision.) Section 13. Any person violating a:~y provision of this Ordinance or of ire rules and regulations shall be deemed guilty of a violation of the Ordinance and upon conviction thereof shall be punished by a fine of not less than $10.00, nor more than X100.00, or by imprisonment one day for each two dollars of the fine unpaid, or by both such fire and imprisonment. Section 11+. If any section, sentence, clause or word of this Ordinance shall be Y!eld to be unconstitutional, the invalidity of such section, sentence, clause or word shall not affect the validity of any other portion of this act, it being the intent of this legislative assembly to enact the remainder of this act, notwithstanding such part so declared unconstitutional should or may be so declared. Section 15. All Ordinances or parts of Ordinances in conflict with this Ordinance hereby are repealed. Section 16, This Ordinance shall take effect on and after December 31, 19l~.5. Passed by the Common Council this 10th day of December, 1915. John Fields City 13ecorder Approved by the Pdayor this 11th day of December, 1g1~5. Earl L McNutt Mayor