A. “Dealer” means and includes any person who sells or offers for sale, dispenses or delivers food at wholesale or retail, whether from a fixed place of business or otherwise, and includes the owner, agent, employee and servant.
B. “Food” as used in this chapter is defined to mean all articles used for food, drink, liquor, confectionery, condiment or chewing gum by human beings whether such articles are simple, mixed or compound.
C. “Food handler” means and includes any person who engages or serves in any work, occupation or employment which requires or occasions the handling of any food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of such food or drink.
D. “Grocery market” means any establishment or portion thereof where canned, bottled, packaged, wrapped, or bulk foods, including meats, fruits and vegetables, are sold or offered for sale at retail or for consumption on premises other than where sold, except a public market operated directly under city supervision.
E. “Mobile food vending vehicle” means and includes any self-powered vehicle wherein or wherefrom only wrapped food, foodstuffs, products, liquids or material intended for food or drink for human consumption are sold, served, distributed, or offered for sale; provided, however, that a vehicle from which bakery products, ice cream, meat and eggs shall be dispensed shall not be included within the term “mobile food vending vehicle.”
F. “Restaurant” means any coffee shop, cafeteria, short-order cafe, luncheonette, tavern, cocktail lounge, sandwich stand, soda fountain, private and public school cafeteria or eating establishment, in-plant or employee eating establishment, and any other eating establishment, organization, club, including veterans’ club, boardinghouse, guesthouse or political subdivision, which gives, sells, or offers for sale food to the public, guests, patrons, or employees as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering functions. The term “restaurant” shall not include itinerant restaurants, vending machines, vehicles, cooperative arrangements by employees who purchase food or beverages for their own consumption and where no employee is assigned full time to care for or operate equipment used in such arrangement, or private homes; nor shall the term “restaurant” include churches, church societies, private clubs or other nonprofit associations of a religious, philanthropic, civic improvement, social, political, or educational nature, which purchase food, food products, or beverages or which receive donations of food, food products or beverages, for service without charge to their members, or for service or sale at a reasonable charge to their members or to the general public at occasional fund-raising events, for consumption on or off the premises at which the food, food products, or beverages are served or sold, if the service or sale of such food, food products or beverages does not constitute a primary purpose or function of the club or association, and if no employee or member is assigned full time to care for or operate equipment used in such arrangement.
G. “Unsanitary wrapping” includes any newspaper, used sack, used paper and any other covering or material that has been used. (Prior code § 5510).

No person shall operate any restaurant, lunch counter, cafeteria, confectionery, candy factory, soda fountain, malt beverage establishment, cocktail room, ice cream parlor, hotel kitchen, bakery, other food establishments, or mobile food vending vehicle without first complying with the provisions of this chapter regulating such businesses. (Prior code § 5510.1).

A. No license to operate any food establishment or mobile food vending vehicle in the city shall be originally issued, renewed or transferred by the tax collector unless such food establishment or mobile food vending vehicle is first inspected by the health officer.
B. Upon application being made to the tax collector for a license to operate a food establishment or a mobile food vending vehicle, or a renewal or a transfer of either such license, the tax collector shall refer the application to the health officer. The health officer shall make or cause to be made an investigation of such applicant and the place where and the manner in which such food establishment or mobile food vending vehicle is to be or is being operated and conducted. If the health officer determines that the applicant and the food establishment or mobile food vending vehicle conform to the provisions of this chapter and to the other provisions of this code, and to all applicable state laws and statutes regarding the operation of food establishments and mobile food vending vehicles, he shall authorize the tax collector to issue, renew, or transfer the license, and the tax collector shall issue, renew or transfer such license; otherwise, the health officer shall deny the application and the tax collector shall not issue, renew or transfer the license. The health officer shall make his recommendation to the tax collector within ten days after the filing of the application with the tax collector. (Prior code § 5510.13).

No person shall engage in or carry on the business of a food establishment or mobile food vending vehicle in the city without first having obtained a permit and a license so to do, as provided in this chapter. (Prior code § 5510.14).

Every person desiring to carry on or conduct the business of a food establishment or mobile food vending vehicle in the city shall make a written application to, and upon forms furnished by, the health officer. Such application shall be verified and state the name and address of the applicant, the address at which the business is proposed to be carried on, a brief description of the nature of the business, products to be prepared or sold, equipment, method of operations, name under which, and places where the applicant conducted any similar business, if any, within twelve months immediately preceding the date of the application. (Prior code § 5510.15).

The health officer shall make or cause to be made an investigation of the applicant and the proposed place of business or mobile food vending vehicle and the manner in which the food establishment or mobile food vending vehicle is to be conducted, and if he finds that all provisions of this code and all laws of the state regarding food establishments or mobile food vending vehicles have been and will be complied with, he shall issue the permit; otherwise, the application for permit shall be denied. Such permits shall be good for one year from date of issuance and shall be annually renewed in the same manner as that provided for the securing of a new permit; provided, however, that no fee shall be charged for a renewal of any permit. Such permits shall be nontransferable and nonassignable. (Prior code § 5510.16).

A. The city health officer shall periodically conduct inspections of all places in the city where food is prepared, stored, or sold to determine whether they comply with the requirements of this chapter and other applicable laws or whether the activities on the premises constitute a public health hazard.
B. An eating establishment may be found to be a public health hazard where it is maintained in an unhealthful, unsafe or unsanitary condition. An unhealthful, unsafe or unsanitary condition exists where the location has faulty plumbing or any other condition resulting in sewage or wastewater discharge into any area not designed and intended to carry or hold such sewage or wastewater discharge; no hot water, no water; infestation by rodents, vermin or vectors; no means of sanitizing multi-use utensils; filthy premises or related or similar conditions. (Ord. C-6056 § 1, 1984).

A. The city council hereby finds and determines that any eating establishment which constitutes a public health hazard as defined in Section 8.44.061 is a public nuisance which should be abated.
B. If the city health officer finds a premises to constitute a public health hazard, the city health officer shall order that premises to be closed immediately and shall commence proceedings to revoke the permit of such establishment. Said premises shall remain closed until the permit revocation process has been completed or until the conditions creating a public health hazard have been cured. (Ord. C-6056 § 2, 1984).

Whenever the health officer determines from his examination or inspection of any food establishment or mobile food vending vehicle that the holder of any permit issued under the provisions of this chapter has violated any of the provisions of this code or any of the laws of the state regarding food establishments or mobile food vending vehicles or the sale, preparation or distribution of food, he may serve a written notice upon the permittee to appear before the health officer to show cause why the permit shall not be revoked. Such notice shall contain a brief statement of the alleged violation, and the time and place of hearing, which shall be held within ten days after the receipt of notice. The permittee may appear in person or with counsel and present such evidence as he may desire regarding the alleged violation and show cause why the permit shall not be revoked. The health officer shall receive such information, evidence and testimony as may concern the circumstances of the alleged violation, and the formal rules of evidence shall not apply. If the health officer determines that any of the provisions of this chapter or any other provisions of the code regarding food establishments or mobile food vending vehicles or the sale, preparation or distribution of food have been or are being violated, he may temporarily suspend or revoke the permit, provided any such suspension period shall not exceed ninety days. Reinstatement of suspended license shall not be effected unless the act, default or omission which was the grounds for suspension has been remedied prior to the time of reinstatement. (Prior code § 5510.17).

Any person aggrieved by any finding, determination, or act of the health officer shall within ten days from the date thereof take whatever legal steps he may deem necessary to forestall or prevent such finding, determination or act from becoming final and conclusive. (Prior code § 5510.18).

Whenever any permit has been revoked under the terms of this chapter, no other application for a permit to carry on a similar business by the permit holder shall be considered for a period of one year from the date of such revocation. (Prior code § 5510.19).

Every restaurant, cafe, cafeteria, eating house or hotel kitchen, malt beverage establishment, cocktail room, and other food establishments, must have an adequate supply of hot and cold running water available at all times. (Prior code § 5510.2).

All stoves, ranges, candy kettles, doughnut kettles, doughnut machines, ovens, hot plates, or other similar cooking devices, shall be equipped with a metal canopy of a size at least four inches larger than the entire cooking surface of the cooking device on all sides. The canopy shall be ventilated to the outside air by a separate ventilating flue of not less than six inches in diameter for an ordinary stove, or as much larger as the health officer may deem necessary for effective operation. (Prior code § 5510.3).

All dishes, glasses, drinking glasses, or other utensils or articles used for table service or used by customers or for the public generally shall be kept in first class condition and repair. Dishes, glasses, drinking glasses or other utensils becoming cracked, chipped or damaged shall not be used and may be confiscated at any time by the health officer. (Prior code § 5510.4).

All dishes, glasses, drinking glasses, or other utensils used in the preparation, serving, distribution and handling of food shall be sterilized after each separate use in compliance with rules and regulations of the State Board of Health, the health officer and as prescribed in this code; provided, however, the bacterial count shall not exceed two hundred fifty organisms per utensil surface examined. (Prior code § 5510.5).

Individual paper drinking cups and plates shall be used whenever facilities for sterilization of glasses and plates do not meet the requirements of the health officer or the methods as set forth in this chapter. (Prior code § 5510.6).

A. No person shall sell, dispense, furnish or give away any malt beverages, or any other beverages from any tap, faucet or any container, unless there is available and not farther than four feet from such tap, faucet, or container, two separate sinks made of metal or other impervious material, each sink of the minimum capacity of three gallons.
B. All dipper wells or containers used to hold spoons, dippers and other utensils must be provided with circulating water. (Prior code § 5510.7).

No person shall sell, dispense, furnish or give away any malt beverages from any tap or faucet unless all drainage from such tap or faucet is rigidly connected with a pipe of one-half inch in diameter without break or interruption to sewer line. (Prior code § 5510.9).

No person shall sell, dispense, furnish or give away any malt beverages from any tap or faucet unless the conduit, coil, pipe or other connection leading from the source of supply of the beverage to the faucet or tap is flushed and cleaned thoroughly at least once each week, or oftener if necessary, with a suitable cleaning agent or by mechanical means so as to maintain the coil, pipe or connection in a clean and sanitary condition at all times. (Prior code § 5510.10).

No food handler shall engage or serve in any work, occupation or employment or on any mobile food vending vehicle which requires or occasions the handling of any food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of such food or drink unless the food handler wears an outer garment made of washable material. These garments shall be kept clean and sanitary at all times. (Prior code § 5510.11).

All food handlers who handle any food or food products, liquids or drink for human consumption, or the material from which food is prepared, before beginning work and immediately after visiting a toilet or lavatory and resuming work shall wash their hands and arms thoroughly with soap and water. (Prior code § 5510.12).

Every food establishment in the city shall be provided with suitable and adequate toilet facilities conveniently located with separate rooms for men and women. The doors of all toilet rooms shall be self-closing and shall not open directly into any room in which food, drink or utensils are handled, prepared, or stored. (Prior code § 5510.20).

No person shall operate any restaurant, lunch counter, cafeteria, bakery, ice cream parlor, confectionery, soda fountain, malt beverage establishment, eating place, food establishment, premises for which an on-sale license has been issued pursuant to the state Alcoholic Beverage Control Act, or any rooms or portions thereof in which food, beverages or drink intended for human consumption are sold, offered for sale or given away unless the same are lighted on a plane of thirty-six inches from the floor with a minimum light intensity of ten foot-candles. (Prior code § 5510.21).

No person shall conduct any hotel, restaurant, cafe or other place where food is sold, served or offered for sale or service, to the public, upon orders therefor, without having displayed thereat a menu, bill of fare or other device, showing to the patrons thereof, the time of ordering food, the price of each kind of food and each combination of foods offered for sale or service thereat. (Prior code § 5520.3).

No person shall conduct any cafeteria, or other place where food is sold, served or offered for sale or service to and in view of the public, without having conspicuously displayed immediately adjacent to each kind of such food and each combination of foods a card, tag or other device showing to the patrons thereof, at the time of ordering food, the price thereof. (Prior code § 5520.4).