Ord 1358 1/25/1943 4"
NO. 1358
A,, 0RDIj-jV,,�CE DEMMIG M;STAUMiT., ITINER!UNT H68TAUWWT., &aPLO=1) UTEjjSl1,S., FE.kLTH
- (,- pEitTTS, FOR 2H�; op.�_;�.vlov OF SUuH EST,,1BLISH_';"`ENTS., PROHI-
OFFICIE2, &QUIAIl 0 ,-, 0 1Z A 1 A.GU'Xf r'.
bj-INIG �Mh 6ALE OF ADU]Uk_L1;Rff2A, U9VE016S AJJ R ujsBR&,DED FOOD 01 D, LK ' IN'
J. UCH E6TAbuSh.,,J1, \TT,9P TI-E !!N-
TH& LiSPECTIO71ij, G:1ikDINGp MOGRADDIG., A111M PLACARDMU OF 6
F0FCi,j,,SN7 OF 'iHR, OiMINAj�,TGE., AND TIE,' FIKE,.Td OF MiZ�Tr&5-
bE IT OIWADM bY THE zOARD OF ,'�LMEMMT OF TIE, MY OF `dICHITA FALLS,,
TEMA.S., AS FOLLU,`13:
DefJni`tjons - The following, definitions shall apply in -the interpreta—
tion and t'he enforce,-aentr of this ordinance:
A. Ltestaurant - The term "restaurant" shall men restaurant., coffee shop,,
cafeteriap short order cafep luncheonettep tavern., sandwich stand., soda fotLntain.,
and a-11 other public eating and drinkin,,�:,, estab_l�isilaentus, as well as kitchens in
which food and drink are prepared for sale elsewhere to the public.
B. itinerant restaurant - The term "itinerant restaurant" shall mean one
operating for �_t��Dorary period in comection viit[lh a fair, carnival , circus, public
exhibition, or other similar gathering.
0 C_�
u. EmpLo ee - The term "employeelt shall mean any person who handles food
Z_
or drin,", dLu.-in- preparation or serving., or who comes in contact with any eatiag or
k�
cooking utensils, or i-�rho is employed at any time in a room in -%rihich -food or drinllc
is prepared or served.
D. Utensils - "Utensils" shall include any kitchen,;,T�-�xe, tableviare, glajj-
warep cutleryp '_iTt_eii�i_1sj1 contniners., or other ecjaipmernt with which food or drink
coi-aes in cop-tact durin_Fr storage., preparation or serving.
I E. health Officer - The term "health officer" shall mean the director
of the Depa�xtr�-,ent of Eealth of the City of �.Jlichita Fe2ls or his authorized represen-
tative.
F. Person - The word Itperson" shall mean person, firmp corporation., or
association.
SECTIOji 2.
Permits - It shall be unlawful for any person to operate a restaurant in
the City of `1�11ichita Falls, who does not possess an unrevoked permit from the health
officer and in whose place of business such pe--rmit is not posted in a conspicuous
place. Only persons who comply vith the require,�,-Lents of this ordinance shall be
entitled to receive and retain such a permit. A person conductinv an itinerant
restaurant may, in the discretion of the health officerp be exempted from the re-
quirement of see,_Lring a periait.
Such permit i-iiay be suspended or revoked by the Board of 11,1dermen of the
'C;`ichita Falls.$ aint filed with the City
City Of U if upon a hearinz on a written compl
Clerk of the City of -�,Tichita Falls by the health officer, setting forth the specific
violations of this ordinance by the permit holder., it is determined by the Board of
Aideri,ien upon a hearing on said complaint that such peri�-Lit liolder has violated the
terms and provisions of this ordinance. It being provided that upon the filing of
such complaint. by the health officer the City Clerk shall g1ve such permit holder a
five day written notice of the time -and place of hearing,, together with a copy of the
charges filed by the health officer5 and such permit holder shall have a right to.be
present and represented by counsel at the hearing on the date fixed for such heardnL7.
SEGZ10Y 2.
?�,acarSj��or�,p la all
of ATade notice - Ever,,, restaurant s�
-pproved
display at all tiraes in a place designXe-j �;j t:�e h��aith officer, a notice a,
by the health officer, stating the grade of the estabLishment.
SECTIQk-4
Examination and conderination of unwholesome or adulterated f ood or drin!K -
Samples of food ank,1 drink- i�,ay be taken and examined by the health officer �s of�en
as he deems necessary for the detection of unwbolesomeness or adulteration. The
heaith officer may condemn and forbid the sale of, or cause to be removed or de-
stroyed., any food or drink which he deems unwholesome or adulterated.
SECTION 5.
Inspection of restaurants - At least once every six months the health
officer shall inspect every restaurant located within the City of !,�1ichita Falls,
Texas. In case t�e health officer discovers the violation of any item of sani-
tation required for the grade then held,, he shall make a second inspection after
the lapse of such time a's he deems necessary for the defect to be remedied., and
(,, ade)
the second inspection shall be used in deteiiaining compliance with the -r
rec�uirements of this ordinance. Any violation of the same item of this ordinance
on two consecutive inspections shq'11 call for imediate degrading or suspension
of permit.
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.
SE Moi,,( 6.
The gradinp- of restaurants - The grading of all restaurants shall be
based upon the following standards.
Sanitation recuirements for Grade A restaurants - All Grade A restaurants
shall comply -viith all of the following items of sanitation:
ITE'L 1. Floors - The floors of all rooms in which food or drink is
stored, prepared, or served., or in which utensils are Aashed, shall be of such
construction as to be easily cleaned, shall be smooth,, and shall be kept clean
and in good repair.
IT.7QL 2. Walls and Rpil4RgR - 'LiValls and ceilings of al 1 rooms shal 1 be
kept clean and in good repair. All walls and ceilings of rooms in which food or
drink, is stored or prepared shall be finished in light color. The walls of all h
rooms in which food or drink is prepared or utensils are washed shall have a smoot
washable surface up to the level reached by splash or spray.
ITEM 3. Doors and windows - Viben flies are prevalent., all openings into
the outer air shall be effectively screened �--.nd doors shall be self-closing unless
other effective means are provided to prevent the entrance of flies.
ITIC1111 4. 1��_-htiijg - All rooms in which food or drink is stored or prepared
or in which utensils are washed shall be well lighted.
ITE1. 5. Ventilation - All rooms in which food or drink is stored, pre-
pared., or served, or in which utensils -are washed., shall be well ventilated.
6. Toilet facilities - Every restaurant shall be provided -vvith ade-
Quate and conveniently located toilet facilities for its employees, conforming with
the ordinances of the City of Falls. In restaurants hereafter constructed
toilet rooms shall not open directly into any room in which food, drink or utensils
are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet
rooms shall be kept in a clean condition) in good repair, and well lighted and venti-
lated. Hand-washing signs shall be posted in each toilet room used by employees. In
case privies or earth closets are permitted and used., they shall be separate from
the restaurant building, and shall be of a sanitary type constructed and operated
in confolmaity with the standards of the btate Board of health.
ITEU, 7. Viate - Sj�l e to
.pply - The water supply shall be easily accessibl
all rooms in which food is prepared or utensils are washed, and shall be adequate,
and of a safe sanitary I-luality.
Ml' 8. Lavatory facilities - Adequate and convenient hand-washing faci-
d approved sanitary towels.
lities shall be provided, including wama water, soap., an
The use of a common towel is prohibited. No employee shall resume work after using
the toilet room without first washing I-Lis hands.
IT&,! 9. Construction of utensils �jn(Le(ji�ip nt - All multi-use, utensils
Ee
and all show and display cases or windows, counters, shelves, tables�, refrigerating
equipment., sinks., and other equipment or utensils used in connection with the oper-
ation of a restaurant shall be so constructed as to be easily cleaned and shall be
kept in good repair.
IT12, 10. Cleaning and bactericidal treatment of utensils and e�a�merLt -
ters shelves tables re-
All equipment, including display cases or windows., cou-n V .1 2
frigerators, stoves, hoods, and sinks, shall be kept clean and free from dust,
dirt., insects., and other contaminating material. All cloths used by waiters,
chefs., and other employees shall be clean. Single-service containers shall be
used only once.
All 1�,�Lulti-use eating and drinking utensils shall be thoroughly cleaned
J
and effectively sub ected to an approved bactericidal process after each usage.
,al r Is used in the preparation or serviny of food and drink- shall
Iulti-use utensa__
be thoroughly cleaned and effectively subjected to an approved bactericidal process
imiediately fol-iovqing the day's operation. Drying cloths,, if used, sh,_11 be clean
and shall be used for no other purpose.
ITLE1. 11. Storage and handlinp, of utensils and_2cjui nt - After bacteri-
2Ee
cidal treatment no utensil shall be stored except in a clean dry place protected
from fliesP dust, or other contaraination, and no utensil shall be handled except
in such a manner as to prevent contamination as far as practicable. Single-service
utensils shall be purchased only in sanitary containers,, shall be stored therein in
a clean dry place -until used� and shall be handled in a sanitary manner.
IT121 12. Disposal of wastes - All wastes shall be properly disposed of,
and all garbage and trash sh�2_71—be kept in suitable receptacles, in such manner
as not to become a nuisance.
11'a� 13. Refrigeration - All readily perishable food or drink sh,-;,Il be
being prepared or served. Waste water from.
kept at or below 5 OF. except
refrigeration equipment shall be pro,,Derly disposed of.
ITEMI 14. Wholesomeness of food and drink - All food and drink shall be
wholesome and free T—roi�--s'-p age. All milk, fluid milk products., ice cream., and
other frozen desserts served shall be from sources approved by the health officer.
lillk and fluid milk products shall be served in the original containers in which
they were received from the distributor or from a bull-, container equipped with
approved dispensing device: Provided., that this requirement shall not apply to
creari., which may be served from the ori,�3inal bottle or from a dispenser approve-
for such service. Ali oysters, clams,, and mussels shall be from approved sources.
ITMA 15. StoKag�_ ink - All food and drink shall
be so stored and displayed as to be protected rom St. flies, vermin, unnecessary
J,,aneling, droplet infection., everhead leakage,, and other contamination. No animals
or fowls shall be kept or allowed in any room in which food or drink- is prepared or
stored. All means necessary for the elimination of flies shall be used.
m 16. Cleanliness of pp
plo es All employees shall wear clean
outer garments and shall keep their hands clean at 01 times while enegaged in
handling food,, drink., utensi-lsl or equipment.
ITELT 17. Ldscellaneous - The premises of all restaurants shall be
kept clean and free of litter or rubbish. None of the operation connected V 4th
a restaurant shall be conducted in any room used as living or sleeping quarters.
Adequate lockers or dressing rooms shall be provided for employees' clothing and
shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers
provided for this purpose.
Grade b. resturants - Grade B restaurants are those which fail to comply
with item 11 2,, 4, 5 or 17, but which conform with all other items of sanitation
required for grade A restaurants.
Grade C restaurants - Grade C restaurants are those which fail to comply
with either the grade A or the grade B requirements.
Itinerant restaurants - Itinerant restaurants shFal be constructed amd
operated in a manner z�pproved-6y the health officer.
SECTION From and after imonths
(Grades of restaurants which _mV
—.perate
from the date on whTc-WT171s ordinance takes effect no restaurant shall be operated
within the City of Idichita Falls, Texas� or its police jurisdiction., unless it con-
forms with the grade A or grade B0 or approved itinerant restaurant requirements
I d that when any restaurant fails to cualify for any of
of this ordinance: Provide_,
these grades the health officer is authorized to revoke the permit or in lieu thereof
to degrade the restaurant and permit its operation during a temporary period not ex-
ceeding 30 days,,ahich action of the health officer shall be subject to the approval of
the Board of Aldermen. - Any resta-
SEC-ION 8. reinstatement of permit: s )plementar regradi
changed
urant, the grade of which has been lowered and all grade� displays have been
accordingly, or the permit of which has been suspended, may at any time make appli-
cation for regrading or the reinstatement of the perriiit.
Within one week after the receipt of a satisfactory application., accompan-
ied by a statement signed by the applicant to the effect that the violated item or
items of the specifications have been conformed with.1 the health officer shall make
a reinspectionl� and thereafter as many additional reinspections as he may deem neces-
sary to assure himself that the applicant is again complying vrith the higher grade
requirements., and,, in case the findings indicate compliance, shall award the higher
grade or reinstate the permit.
SECTION_2.
Poisonous substances - No article., polisho or other substance contain-
ing any cyanide preparation or other poisonous material shall be used for the clean
sing or polishing-, of utensils.
SECTION 10
Notification of disease - Notice shall be sent to the health officer im-
mediately by the restaurant manager or by the employee concerned if he or any em-
ployee contracts any infectious.,0 contagious, or communicable disease, or has a fever,
a skin eruption, a cough lasting more than 3 weeks, or any other suspicious sympton.
It shall be the duty of any such employee to notify the restaurant manager immediately
when any of said conditions obtain., and if neither the manager nor the employee con-
cerned notifies the health officer inraediately when any of said conditions obtain
they shall be held jointly and severally to have violated this section. A placard
containing this section shall be posted in all toilet rooms.
SECTION 3-1
Procedure when infection susE2cted When, upon an investigation by the
C)
health of flicer, it is f ound that there is a possibility of trans,-,Lission of inf ec-
tion from �x- oLr restaur-ant emplo-,,ree the health officer is aixtuhorized to re�juire any
. s: (1) the :LL,-,Ledicate exclusion of the employee
or all of the followinS measure
f- '11 restaurants; (2) the Liriediate closino of the restaurant concerned until
,om --
no further danger of disease outbreak exists, in the opinion of the health officer;
(3) adequate i�iedical examinations of the employee and his associatesl irith such
labratory exandnations as may be indicated.
SECTI�'-)N 12
Enforce.-,,ient interp _
�- e t ation - 11iis ordinance shall be enforced by the
health officer in accordance with the interpretations thereof contained in the
1940 edition of the U. S. Public Health Service Code hegulatinZ -Z'atin�� and Drink-
ing Establislvaents., a certified copy of which sh2ll be on file at the Uty Clerk's
office.
SECTIgL13
Any person who violates any provision of this ordinance shall be fined
not less than kve ($5.00) Dollars., nor more than Two Hundred (0200.00) Dollars.,
and each and every violation of the provisions of this ordinance shall constitute
a separate offense.
SWP T I
Repeal - All ordinances and parts of ordinances in conflict with this
ordinance are hereby repealed.
SIZT10A 1�
Unconstitutionality clause - Should any section., paravraph�, sentence.,
clause or phrase of this ordinance be declared unconstitutional or invalid for
.1 L
any reason the remainder of said ordinance shall not be affecued thereby.
SECTION 16
Effective date and_p -dinace of
n2r,!,-_ency - The fact that the present o
the City of 'VIichita Falls does not conform to the ordinance -,nd code regulating
ea;Uri'� a-ld drirftino- establishments recont--,ended by the U. S. Public Service�, and
�D
adopted by the Texas State Departnent of Health) creates an emergency affecting
s
oj-Umj.j-,cs to 'De rc.�1(3- onUrC.E.
public 1,�ea�lthj and the .--.U-le re(juiij-nL_
is hereby suspended, and this ordinance shall take effect and be inforce from
and after its passa5,e eind
PASSM AND APPROVED., this the day of A. D., 1943.
Iwor
ATTEST
Ci.ty Glerk
w
Ali ORDIMV.,�Cg DVnjjjwj m1lsTAURUTP ITM111"n J'�.-,TAURAJOT, NOWMM UTIM" HEALTH
miaus LTC.* vs-Ulaw Pa'AM PM TM OF dWM FSTABLIMMMs PROHI-
ki(o It"MATING
ux 0A OR iMBRANUM FWD OR Dill,
BITING TWI I , OF ADULTINW`0 DMHMA
M USPtMON WDMo �M PLACARDIM (W SUCH 95TARL
FOX�gT
,2M TF
OF TH IS ORDIUM'C' A 10 TIR F T1 M OP Mh AZT -S
bE IT ORDAIwIM by '11M. 40AIRD OF �411,V"ja or T*, CrrY OF WTCHM MIA.-
TaASs W FOLLOWS:
92=111-
Definitions _ TIle roljowLng dafixLitiong shall apply in the 1M%*VPreta--
tion 3nd the aaforccient of this ordinan4#1
A. j-&9stgil U gft restaurant, coffee twhopp
, The tam "restsurant* sha,
enfeteriap short iir_&W Wet luntheoriett6s taverns *andwieh standj, so" fountainp
and all other publiS sating and drinking qat,,jbUshz*ntss an well an kitchens in
which food aM drink are prepared for tiz-Lic alesuhore to the public.
L I "itinerant reataurant" shall menn one
43. t r
.411 The term
tion I-At.h
oper,atine for a tamporary period in connee �j fair, c��rr4vnl; circus,; ?- ublic
exhibition, or other similar gotherIA-1,-
U6 &RI&M _ Tne term oeWloyve" shall vivan my person who handles food
or drink during preparation or servings or who comes in contact with any GAW, or
Gooking, Utcnailsp or who is eiq)loyed at vW tiae in a room in which food or drink
in prepared or served.
g&11L., luds wV kitshenways tablOwsr4s
D. .Ilg _ "Utowd1sn shall inc
wares eutleryo utomil$# gontainorss or other ecvipment with which food or drink
comes in cont-Act during. storq�ej prep,%ration or serving.
X. Realth A;Cle"r - 'the tam "health officer" ahall morm the director
7 ` itnt Falls or his authorized represen-
of the vopart4ue of Ecalth of the C.1ty of flich
F. The word "person" sh��jlj rjoan *raqns firms corporations or
association.
2.
It shvt1l. be unlaxtul for -my person to operate a roftauftft in
unrevc4md perv&t frm the health
the City of w1chita Falls, who does not possa4s an
"all ),,,,p
officor and in whose Pl&06 of business rmit is not posted In a senSpicuOus
place. unly persant VAM cozqAy inith the re�.ulm.lentt; Of this ordinance shall bo
wititled to receive and retain such & pemit. A person conducting aa itInerant
restaurant mqs in the discretion of the health officer* be ox(apted frah the Xo-
,ulrenent of "curing, a pernit4
"ch permit may be suspended or revoked by the Doard of Aldermen of the
city of Vachita Falls., if upon a hearing on a written complaint =04 -mitt) the City
Clark of the City Of 1jichitj Valle by the health officers setting forth the specific
Violations of this ordinance by the peniit holders it is deurnined by the board of
Aldevaen upon & he=_-ing on said oowlaint that such per%At holder has violated the
tam and provisions Of Q116 ordinance. It being provided that upon the filing of
such eouplaint by the health officer the city Clerk shall give such pemit. holder a
fiv* 4W m4tten notice of the time and Plact, Of hearing, together r1th a copy of the
charges fjUd by the health officer., -And ouch permit holder shall have a right to be
present and represented by uounsel at the hea-Ing on the date fixed for sueb hearing.
sAaLl.l.
grdl -A!!21&X OfMidl RM-110 - WOZ7 res"urat shall
.jkLoj: public d - alth officer., a notice approved
display a,:—&U-1ims in a place desimated by the I's
our, at,,,%tirkg;r the grada of the establishment.
by the health offi
and
MZWG&.W or jAgjWt,
..4 Lood, or
&11* my be taken SM annimd W %a# health officer w often
as he dommis noMm-g7 for the d4action of --- or adulteration. The
h*<h officer mV condwmi an! rorbid the sae of, or cause to be ren.-,va(I or do-
*LvV0d,* VW food or drink u1tich ho dGw;'Xs Lvv*wj(=t,%- or adulltar-itetl-
5.
At least onze every six months the health
(,frice USSUm of rostauLlal- -ity of Wichita ralln't
'r s),31, inspect 0yery ragtauraa lmatod wlLhin the %14
Texas. in,cama the health officer disca"re the violation of MV item Of Owd-
tation, mlmirsdror the graft then held* he sl4all make a second IMTv�cticn after
the lap" of such time as ho domw neee"ary for the Woct to be remadiedv SIA
the second, in"cUOU shaU. be %sed in detamiIntrij,, ccqxU*me idth the (grade)
ro;,,Wxm"s or this ordbv=s- j�zy vioLALon or tha da" item of this ordimmee
on two oonsecutive insj)ectit�,na uhAl can for L-wteditkttj or nuspermion
ot Permit.
rt ejuLU be Ixwtc,-d by the health officor
one cow or the imspectlon, -1L)PO
up= 'In imddg "Ll of tho r#S%mW44,# and said inspection report sh,111 not be
def-aced or ramvedby V- V �Wrf= swept the health officer. mx)ther cori of the
inspection report rilt'd melth the remords af the lhe-zlth dcmtrtmont,
The of revtaurMj4 - The qmd1A,! of fal rertnumv.1ts alinal be
basod upon the follf)'Rik-,
E(,-u_,ZQmga A matuuraas
.. t� reat 4p&g - All Orade
64-11 cakay vitlh all -.,f the followltv! ftemv of Sanit ions
&Ile flows of U jxm in which f=I or drink Is
atomd., prqpared� or a*~,, or in which utonsiU a-,o weishods ahaU be of such
constr-.16tion an to ,)* aAsjjv clemneds, nhall bo mooths qnd shtill be kept cican
and in good repUr.
111�allm 4nd-10411imm ajyj ocilinp of 1.0 room sh3il be
ff
kept cle-An rr-:9 2. Is find Goiling
a,nd in good repair. AU Wal "s of rco" in which food or
is stored or !,jre,,xxcA shall be fUjishod In IL!Jit 00�Uw- 'The *&Ile of -�U.
roms in -#ihicli rood or drink is prepared or uterAlls tuv washod oh,,AU have a amothl,
wAshablo surface up to the ',.cnl reatchod by spla:sh or spray.
,,,r �`U** Pr$vsl"* AU *P"IAAP 'ntt>
, jX 3. yoALr_9 �jW W08
the outer Air ahmll be ofreotfv4y screemd rjyj doors *h*U be self-closing vmlsss
other off-mative meMs rlrC provided to pr-mint Ulu 611trwV0 Of fu"-
4. jjji"r - All rams in which f ood or drink Is stored or prepared
or in which utensils am washed chall be woll lighted.
redq pre-
rTl-t 5* All roms in ohich food or drink is sto
p,,-uvd,, or **mod# or In which utemilS iwe mahed# shall be vmU ventilat"
4 - W*ry rs*tOwAr-jrAt &.,-Al be provided with ade-
6. 22Q.01 r got r
uate ,,nd conVentortlY 10CAtf a , f%dU+Ass for its .-mpjOynov,, conformino, idth
in restaurarto rert�;jftor conatructi-A
tho ordinames of the City of "Achita Falls
t*jjA roams shall not open dirczt3�r IAW &W r0m in wflich food# drink or utensils
W% hwuned or storud. The doors of *U WAA V00m Shall be self--closing, ToilmAt
rmc* $hall be kept in a clw-tn cmations in M)od ropairs 4w wall ll*&od 4M venti
lated. jzvUj-v4gddA&, sj,,jr-,z sh,�11 be posted in each toilet room used 1.7 62PIPY006- In
cans, privies or earth Closets ,We poryAitted and useds they ishall ba 8 P t fran
the restaurant buildiykga and si-wal be of a sanitary type constructed and operated
zd
in conformity with the starxiards of the '�tato Boa- 011, U64.1th.
JV9 7. Agtol: sW2pJX - -Aho water supply Shall be e,-asily accessible to
all :-oa;ws in which food is prepared or utennils aro waaheds and silall be adIrluateq
and of a safe O&nit&V7 �IWLMY-
cry &Les - Adwsuatc am., converdfnt hand-washing faci-
,, inalLuding warm wateri, soapp and approved sanitar7 towels.
lities shall e P lio mployes, t�hall resume mark after uning,
The use of a OMMA towel is prohibited.
the toilet ram without first washirk: his ),Ands.
Mx 9. Qmdruc i-ALMUlt - All MIti-us*,, utensils
t Ing
�04 311 show and display cases or idndowsp coun ere,, shj)IVtsJO t-,Ihics., re-frigerat
equipment,, sinksy aml other equipment or utensils used in connection with the oper-
ation of a restaurant nhall t,�e so constructed as to be ossily cleaned and shall be
kept in 6pod repair.
ITJ4 10. �leardn,�, bacte i IMatnarA, of orlsils, ;i_nd w��ALxjjn_t -
All w-tuipmentj, including display cases or "indows., counters., sholves# tisblos,, ro-
frigeratcre# at~,, hoodsp and sinka.. shall be kept C-I': dusto
dirt# inwtsp md other contan-11nating, material. AU slotho us,.;d by wsit4rs,
chefs, and other waployeev shall bo clezin. single-earvice containers shall be
used oay, once.
All L�tulti-use imd drinking utensils shall be thoroughly Cleaned
,Ar o an approved bacterioidal process after each usage,
, A effectively subjected Z
All MAIti-use utensils usvd In the preparation or sorviw of food and drink *hall
be thor*W.+Jy cleaned and off actively subjected to an approved booterlaidA, process
iamedi;jtay rollv,71W, the &,V, fs operition. Dryine, clothaj, if useds shall be clean
and be us--d for no other purpose,
Mik 11. Slorme qgj� hfuxLU-UA- or- Onsils MW M,!q&gMOA - After baoteri-
cidal treatmant no utensil 511al-1, tm stored except in a clean dry place protected
from fMes., dusty or other contw-dnations, and no utensil shall be hamIled except
in isuch a riannor as to prevs-,rit contmaInation an far V praoticabic-. Single-service
utensils shaU be purchased only in sanitary containemp shall bo. stored therein In
a clean dry place until u8OdP and z3hall be hwxilcd in a nanitary mann0r-
Disnos"Al of �Iasteq - All wastes ahall be properly disposed ofo
so isuch mAnner
,uW ial garbage and trrxsh shall be kept in suitable reeept les., in
as not to becom�� a nidsanco.
or drink sh3ll be
IT;If 13. &Miortk-Uon - All readily perishable food
kept at or boUw 500F. wwapt when being prepared or nor"& Waste water frca
refrigeration et�uijvwnt .311all, be properly disposed of.
All f(xA uVA driWc shall be
i_31 14. !ML
GIMMS g, .4nf4
wholcame. and free frM NPOLLMo- All xoilkj, fluid milk productop ice croamp and
Other frozen deaserts served shal bc, from sourcea approved by the health officer.
ginal containeft In which
�JU am. fluld milk products sri--,-U bc served in the orie
6ioy w�ire received frm the distributor or from a bulk container 0i,uipped, vith
,Ipproyod dispensing 40166t pro�ided,# that this mulroment shall not apply to
crear,j, wfLich may be served rrer. the origUal battle or from a dixpQnsor approved
for such service. All oystarsv clamsp and musmas shall be from approved sources.
^, -t and gf food a d drinlk - AU food ,,,a-sd drink shall
be Po vtored and dis—played an to be protected frcm dUsts flisso vOrvdns unneasesary
handling., droplet infOStioni, overhead leAkN-.e,, awA OthOr caAaAdm"On. Ho anLuale
or f"&* shall be kept or allowed in my room in which food or drink is prepared or
stared. al means necessary for the elimination of fliss shall be used.
i T I�,W: 16. glomAne-va of (=210 no - All OW10YOOS Uhall W*&r 014an
,u-id at .20 -11) times While angaged in
outer �till keel) their hwida clean at
It.-indling food., drink., utensilsp or exluiluunt.
IT-LU 17. ;"-,,OC2111MO.Us - The Profaisea of ,all restauvaitx shaU be
kept clean wW free of litter or rubbish. None of the o,�,*ration connect" With
a restaurant shall be conducted in ,aV rom used ,is liv-in,, or slespiAg (JAArtW$*
Adw1uste lock6re or dressW room sh�ill be PrOvided for eMlOYOOs' clothiM 04
shall be kert, clean. soiled linen3j, coatop and aprons shall bo kept in contairvers
�)rvvldad fo�r this purposo*
(Iradq b, restg!ja�gjs - Orado 8 resstaurviLts are those which fail to COV1.Y
with Item 11 2p 40 3 or 17* but which confam with v
.al other itw;is of sardtation
roouired for erade �i restaurants.
r Grob C restaurants ax-,. those which f ail to comply
with either the grade A or Vve grAde B rerq
.ulrwont3.
& al be constructed and
.tMrant v,%bitaurLo3to - Xtinerant restaurants sh,
operated irl a vmer apprcmed by the health officer.
(Grades of rastaur a whigh operate - From and -Xtur 12 months
frM the date on witeh thin ordfIv-Ince t�%kox effect no restaurzint ihall be operated
vithin the City bf '14ici-Ita I`,--U6J* *ttIxas, or its police jurisdiction., unless It con-
tam with the ,-,rado A or grAs lip or approved itinerant r"staurvit re,-,ulroments
of this ordinwwet P that *vhen any revtnur�vlt falls to runlify for wq of
these grades thv hc,-Ath officer is authoriacd to mmoko the permit or in lieu thereof
to d97,rixds the m.stzuri-nt and -)�XrAt itt; oparation during a terIx)rW period not ex-
ccae.inr? )0 evqaq, which action of the health officer shall be subject to the appro
of the Board of Alderriien.
mrMJtL MUWAaa-entary- Any resta-
ur,vAp the tpra& of whiah huas bieiii-Umred and all grndo displ.-qv have been changed
accordin;7lyp or the -,)er-mit af which has been suspended, =q .,..t ar�y time rn�ke apvai-
cation for regoradirig or th* reinstatement of the perran.t.
'Within on-i v;eel-, after the receipt of a satisfactory
iod by a statement signed by the IppJJuwIt, to the effect that the violated item or
items of the specificitions �,,ave beem conror-ned vithp the ho--ath officer ahAU muke
a reinspectiony -w4 thort,,after as nvW adkiltional reinspoctiona as he wW dem necus-
sary to &*guru hinwelf that the npplicant ia aZain caq)lyinjr vdth the higher grade
requiream*&O ando in aame the findirv, 1 04 -ncup Will award the hi,,,!,her
gs ndicate cc xUa
e,rade or reinstate the per-d.t.
A,"'U'Aa
. U11,
p9JIVIM-gubstances - No articlep polisho or OthOr fiUbst-uluft 06*&Ln,-
jug wW cy,-adde preparation or other Ix)ismf)us =&torial sh&U be used for the cicqn-
sing or polinhinC of utensils.
XbtMcation of dlveazz�f) - Notice chA2, be nent to the health officer in-
mediately by the restaurant manager or by the em�4qyee ooncerned if he or vW M-
ploy" contracts -Wq infectiousp contkgiousp or camnunicable disease., or has a fv"rp
a skin ert4)Uonp a cou��,A -on.
I 1.%stW me-)ru thi-,tn 3 weeksp or .I.-W other wuspiciouS sympt
It ah,,LI-I be the duty of =y cuch OMIAVoc to notify tho restxur-tunt r.vvia,,�tr imodiately
when wV of said conditions obtaint vid if neither the ranw,,er nor the aWloyoo con-
cerned notifies the heLlth officar imiediatcl�, when %W of anid conditions obtain
they shall be hold jointly v4 severally to have violAted this section, A pl,-wtard
contaW4�., thin a,-,.ction shall be posted in nal tollot roms.
procedure vChen into egWated - 'lions UPOn an Imestigation by thO
-- 2 iii— -there Is a possibility Of tranmission of 10C60-
he,,tLth orricoro 1 1 , ixf-that
tion from W restaurSA "Wjoyos the health officer is �jqthorized to rwOire MY
or � t (1) the iDv,,,iedicats exclusion Of the ONP10yes
.0 of the following Manures of the restaurant concerned until
frm all restaurrintsi (2) the ingediato closIM7,
no further danrr of disease outbre,,Ak wdstsp in the opinion of the health offiterl
(3) adequate inedical oxMin&ti0w of the eM101,60 ind his associaten't with such
labrator7 examinations as wV be indicated.
SIOTU- 12
- This ordinance shall bO onforced by the
loaf MOW rpretations thereof contained in the
health Officar in accordance Mith the Into , y - -
,ulating �&
19,40 cation of the U- :3, Public Health 6ervice Code �Ie . tirto and Drink
certif led copy of -.4LJch chall be on f ile at the C!Ltr Clerk I s
office.
gITION 13
W person who violate* arW provision of this ordinAnce shall be fined
not lose than Five 05-00) Dollars,, nor norc. than Two nundred ($20U.00) Dollars.,
Ll no ut
and each and evury vioLIion Of the provisions of this ordinance 8ha" 00 tit 0
a
All ordinanc4v �vid parts of ordinanois in conflict with this
ordimar-o rupeaaed-
r -,r
A, a4 aPh. sentencox
6hould am sectiOns P,
e doeLtred unconstitutional or invalid ror
clause, oj-jhreAG of this orcmnance b
wV reaason the rotdainder of said ordinanco noL be jAffected theraby.
;�gjTjjI__]A6_
ixfqgtive� d-rr a 'Ahe fact that the present or4ineoe of
to the ordistance ane. code regula"
the City d—IWhit, r, .113 does not confom nded by the u. b. Public I�orvicoj, WA
c,,%tij4r aryl drialdng entzibl-tshwAs recomw
adopted by the Texas state Department of He.-O.th, creates an mergency affecting
es to be read an three several dras
public 11calths ind the rule requiring ordinane
is hereby suspendedo aW this ordinance shall take offoot and be inforso from
and after its passagv and appraval.
pili;�Sv AND this the day Of 194,3*
Ilayor
ATUaTt
city Clerk
JI/ e-Weelf-11
ORDINANCE NO.
AN ORDIN R&STAM,'Jao ITI1,WW1a MSTAURANT., MJ>LO'=,, UTENSILS., HEALTH
-AIJGE DEF1 ISH-11,7TS, PROHI_
ETC. aNG P12MITIS FOR THE OPERATION OF SUCH ESTABI,
'D
OFFICERp IL�QUjp LZp&j0jz_iS0j�jE OR IIISBRAIML FOOD 07A DRIIZ�, REGULATING
BIT-ING THE S��, OF AMLTIMATED, ARDING OF OUCH E6TABLISIESI�11'12S,, THE EN-
TiE�, IIZPECTION, GT.u.Dria., REM',DD,*11 AND PLA'C
FORC11,ENT OF THIS ORDaTAITCE., AND TH12, FIX124TG OF PM1 L�S-
E ALT
BE IT ORDAlN-LD BY THE, BOARD OF ALDI�210T OF THE �;ITY OF dICHITA FAL1,Sj,
TEXAS.
AS FOLT
IZZ
SWTIO1%T
Defi!ILL4nns - The following definitions shall apply in the interpreta-
tion and the enforciement of this ordinance:
A. jjestaur,�at - The term "restaurant'l shall mean restaurant., coffee'shop,
cafeteria, short order cafe� luncheonette, tavern., sandwich stand., soda fountain,
g and drinking lu-qel kitchens in
and -all other public eatin ., establis I its., as well as
which food and drink are prepared for sale elsewhere to the public.
B. Itinerant restaurant - The term "itinerant restaurant" shall mean one
_1 public
operating., for a temporary perioa In connection with a fair, carnival, circus,
exhibition, or other similar gathering.
C. 1��o e(� - The term I'employee" shall- mean any person who handles food
or drink during preparation or serving.11 or who comes in contact vrith any eating or
cooking utensils, or who is employed at any time in a room in vih�ich food or drink
is prepared or served.
D. Utensils "Utensils" shall include any kitchenware, tableware, glass-
i n Vith which food or drink
Ware, cutlery2 utensils., containers, or other equ pent i
comes in contact durirk-,, storage., preparation or servin-g.
E. Health officer - The term Ithealth officer" shall mean the director
of the Department of Health of the city of ',,,,Tichita "'--alls or his authorized represen-
tative.
F. Person - The word "person" shall iuean person, firm, corporation, or
association.
SWT1014 2.
Pen-nits - It shall be unlawful for any person to operate a restaurant in
the City of T,ichi-ta Falls., who does not possess an unrevoked permit from the health
officer" and in whose place of business such perrdt is not posted in a conspicuous
place. Only persons .Nho comply vrith -the requirements of this ordinance shall be
entitled to receive and retain such a permit. A person conducting an itinerant
restaurant may, in the discretion of the health officer, be exempted from the re-
ouirement of securing a permit.
Such a perrat may be suspended by the health officer, or revoked after
an opportunity for a hearing by the health officer, upon the -violation by the
holder of any of the terms of this ordinance.
SECTIOR 1.
Placardi�g_.0.r _publ j c- dis-olav of rade notice - Livery restaurant shall
display at all times in a place designated by the health officer, a notice approved
by the health officer, stating the grade of the establishment.
SECTION 4
Examination and condemnation of unwholesome or adulterated f ood or drink -
Samples of food and drink may be taken and examined by the health officer as often
as he deems necessary for the detection of unwholesomeness or adulteration. The
health officer may condemn and forbid the sale of., or cause to be removed or de-
stryed, any food or drink which he deems unwholesome or adulterated.
SECTION 5.
Inspection of req�aurants - At least once every six months the health
officer shall inspect every restaurant located within the City of --�-&chita Falls5
Texas. In case the health officer discovers the violation of any item of sani-
tation required for the grade then held, he shall make a second inspection after
the lapse of such time as he deems necessary for the defeat to be remedied, and
the second inspection shall be used in determining compliance with the (grade)
requirements of this ordinance. Any violation of the same item of this ordinance
on two consecutive inspections shall call for immediate degrading or suspension
of permit.
One copy of the inspection report shall be posted by the health officer
upon an inside wall of the restaurant5 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.
SECTION 6.
The grading of restaurants - The grading of all restaurants shall be
based upon the following standards.
Sanitation require nts for Grade A restaurants - All Grade A restaurants
'tation:
shall comply -,,,��ith PI I of the f 011 owing ite m.- of sani
ITEII'L 1. Floors - The floors of all rooms in which food or drink is
stored., prepared., or served,, or in which utensils are washed., shall be of such
construction as to be easily cleaned, shall be smooth� and shall be kept clean
and in good repair.
ITEIII 2. T-Talls and ceilir�a - Walls and ceilings of all rooms shall be
,s
kept clean and in good repair. All walls and ceilings of rooms in which food or
drink is stored or prepared shall be finished in light color. The walls of all
rooms in which food or drink is prepared or utensils are washed shall have a smooth,
washable surface up to the level reached by splash or spray.
ITh-2-I 3. Doors and windows - When flies are prevalent, all openings into
the outer air shall be effectively screened and doors shall be self-closing unless
other effective means are provided to prevent the entrance of flies.
rj"�2_' 4. Lighting - All rooms in which food or drink is stored or prepared
or in which utensils-are --washed shall be well lighted.
ITE2,11, 5. Ventilation - All rooms in which food or drink is stored,, pre-
pared) or served, 07r in-Which utensils are washed, shall be well ventilated.
ITEL� 6. Toilet facilities - Every restaurant shall be provided with ade-
q ilet facilities for its employees, conforming with
quate and conveniently located to.
the ordinances of the Ovity of Wichita Falls. In restaurants hereafter constructed
toilet rooms shall not open directly into any room in which food., drink or utensils
are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet
t)
rooms shall be kept in a clean condition;I in good repair: and well lighted and venti-
lated. Hand-washing signs shall be posted in each toilet room used by employees. In
case privies or earth closets are permitted and used, they shall be separate from
the restaurant building., and shall be of a sanitary type constructed and operated
in conformity with the standards of the State Board of Health.
ME= 7. Vlater Supply - The water sun ly Shall be easily accessible to
In I/
all rooms in which food is prepared or utensils are washed., and shall be adequate.,
and of a safe sanitary quality.
1TZ,'4 8. Lavatory facilities - Adequate and convenient hand-washing faci-
lities shall be provided, including varm. water,, soap., and approved sanitary towelso,
The use of a cori-mion towel is prohibited. No employee shall resume work after using
the toilet room without first -,;�iashing his hands.
IM1. 9. Construction of utensils and ecuip,,�.-.ent - All multi-use utensils
and all show and display cases or windows, counters, shelves" tables, refrigerating
equipment., sir.�ks, and other equipment or utensils used in connection with the oper-
ation of a restaurant shall be so constructed as to be easily cleaned and shall be
kept in good repair.
T
MiEA14L 10. Gleanina and bactericidal treatment of utensils and eouipment -
All equipment, includin,7 display cases or windows, cowiters., shelves,, tables, re-
frigerators, stoves, hoods, and sir,�-,s, shall be kept clean &nd. free from dust.,
dirt '�.?
,, insects., and other contaminating iaaterial. AU cloths used by waiters.,
chefs, and other employees shall be clean. Single-service containers shall be
used only once.
All Yulti-use eatia,- and drinking utensils shall be thoroughly cleaned
an--' efifectively subjected to an approved iDactericidal process after each usaE-:e.
All Kulti-use utensils used in the preparation or serving of food and drink shall
be thoroughly cleaned and effectively subjected to an approved bactericidal process
immediately following the dayts operation. Drying cloths, if used, shall be clean
and shall be used for no other purpose.
ITEL,I 11 . Storage and handling of utensils and eQuipment - After bacteri-
cid_-I treatment no -utensil shall be stored except in a clean dry place protected
from flies, dust, or other contamination., and no utensil shall be handled except
in such a manner as to prevent contwnina-tion as far as practicable. Single-service
utensils shall be purchased only in sanitary containers, shall be stored therein in
a clean dry place until used., and shall IDe handled in a sanitary manner.
ITEL, 12. Disposal of wastes - All wastes shall be properly disposed of,
and all garbage and trash shall be kept in suitable receptacles, in such manner
as not to become a nuisance.
ITII�iL 13. Refrigeration - All readily perishable food or drink shall be
kept at or below 500 F. except when being prepared or served. Ulaste water from
refrigeration eqjuipmezat shall be properly disposed of.
C,
IT-1-72,11 14. Iiholesomeness of food and drink - All food and drink shall be
wholesome and free from spoilage. All milk., fluid milk products, ice cream, and
other frozen desserts served shall be from sources approved by the health officor.
Kilk .and fluid milk products shall be served in the original containers in which
they were received from the distributor or from a bulk container equip-ped with
approved dispensin device: Provided., that this rec!uirement sh!---Lll not apply to
cream, which may be served from the original bottle or from a dispenser approved
for such service. All oystersp clams
and mussels shall be from approved sources.
Irl"EL'I- 15. Stor kre _�I_a of food and drinI,, - All food and drink, shall
,y
be so stored and displayed as to be protected frora dust., flies,, verf-ain, Luanecessary
handlin,,�,, droplet infection, overhead leakage, and other contamination. No animals
or fowels shall be kept or allowed in any room in which food or drink is prepaxed or
stored. All means necessary for the elimination of flies shall be used.
ITEM 16. Cleanliness of employees - All en�ployees shall wear clean
outer gariaents and shall keep their hands clean at all times while engaged in
handling food,, drink,, utensils, or eq
,uipment.
MEII-,r 17. 1 scellaneous - The premises of all restaurants shall be
kept clean.and free of litter or rubbish. None of the operation connected vith
a restaurant shall be conducted in any room used as living or sleeping quarters.
Adec,ua:te lockers or dressing rooms shall be provided for employees' clothing and
shall be kept clean. Soiled linens., coats., and aprons ,shall be kept in containers
provided for this purpose.
Grade B restaurants - Grade B restaurants are those which fail to comply
with item 1, 2, 42 5 or 17, but which con-form with all other items of sanitation
re,�.uired for Grade A restaurcmts.
Grade C restaurants - Grade C restaurants are those which fail to comply
with either the grade A or the grade B requireraents.
Itinerant restaurants - Itinerant restaurants shall be constructed and
operated in a �-_.ianner approved by the health officer.
Q
,L-L- TION
Grades of restaurants which may operate - From and after 12 months
from the date on which this ordinance teRes effect no restaurant shall be operated
within the City of I.Vichita Falls., Texas,, or its police jurisdiction, unless it con-
forms with the grade A or grade B., or approved itinerant restaurant requirements
of this ordinance; Provided,, that when any restaurant fails to qualify for any of
these grades the hcalth officer is authorized to revoke the permit or in lieu there-
of to degrade the restaurant and permit its operation during a temporary period
not exceedino 30 days.
SECTIC91 8.
2einstateraent ofpenait: supplementary regradine - Any restaurant.,
the grade of which has been lowered and ali grade displays have been changed
accordindly, or the perri-Lit of which has been suspended, may at any time make
application for reorading or the reinstatement of the permit.
Within one week after the receipt of a satisfactory application., --,c-
companied by a statement signed by the applicant to the effect that the violated
item or items of the specifications have been conformed with, the health officer
shall make a reinspection., and thereafter as many additional reinspections as he
may deem necessary to assure himself that the applicant is again complying with
the higher grade requirements,, and., in case the findings indicate compliance.,
shall award the higher grade or reinstate the permit.
SECTIONT 9.
Poisonous substances - No article, polish, or other substance contain-
in# any cyanide preparation or other poisonous material shall be used for the
cleansing or polishing of utensils.
SULACTION 10.
Notification of disease - Yotice shall be sent to the health officer
immediately by the restaurant i.aanager or by the employee concerned if he or any
employee contracts any infectious., contagious., or comunicable disease., or has
a fever, a skin eruption,, a cough lasting more than 3 weeks, or any other sus-
picious sympton. It shall be the duty of any such employee to notify the resta-
urant manager immediately when any of said conditions obtain,, and if neither the
m mager nor the employee concerned notifies the health officer imtiediately when
any of said conditions obtain they shall be held jointly and severally to have
violated this section. A placard containing this section shall be posted in
all toilet rooris.
SECTION 11
Procedure when infection suspected - Men suspicion arises as to the
possibility of transmission of infection from any restaurant employee the health
officer is authorized to require any or all of the following measures: (1) the
immediate exclusion of the employee from all restaurants; (2) the immediate clos-
ing of the restaurant concerned until no further danger of disease outbreak exists,
in the opinion of the health officer; (3) adequate medical examinations of the
employee and his associates, aith such laboratory examinations as may be indicated.
SECTION 12.
Enforcement interpretation - This ordinance shall be enforced by the
Health Officer in accordance vrith the interpretations thereof contained in the
1940 edition of the U. S. Public Health Service Code Regulatind Eating and Drink-
ing Establishments, a certified copy of which shall be on file at the City Clerk's
office.
SECTION 13.
Penalt - Ary person who violates any provision of this ordinance shall
be fined not less than Five W.00) Dollars nore more than Two Hundred (.$,200.00)
Dollaxs., and each and every violation of the provisions of this ordinance shall
constitute a separate offense.
SECTION 14
RepL4 - All ordinances and parts of ordinances in conflict with this
ordinance are hereby repealed.
SECTIQIT.�2
clause Unconstitutionality clause - Should any section,, paragraph., sentence.,
., or phrase of this ordinance be declared unconstitutional or invalid for
any reason the remainder of said ordinance shall not be affected thereby.
SECTION 16
Effective date and em2M,�ncy - The fact tha�t the present ordinance of
the City of Wichita Falls does not conform, to the ordinance and code regulating
eating and drinking establishments recommended by the U. S. Public Service2 and
adopted by the Texas State Department of Health,, creates an emergency affecting
public health., and the rule requiring ordinances to be read on three several days
is hereby suspended, and this ordinance shall take effect and be in force from
and after its passage -and approval.
PASSED _,U0 APPROVED, this the day of A. D.2 1942.
Ma,yor
ATTEIST.,
City Clerk