O 085AN ORDINANCE PROVIDINO FOR THE CONTROL OF FOOD AND DRINK ESTABLISH-
MENTS IN THE CITY OF ARROYO G~ANDE AND PROVIDING PENALTIES FOR
THE VIOIATION OF SUCH O~DINANCE.
B~ IT ORDAINED by ~hs Council of the City of Arroyo Grands as
follows:
S$CTION 1. It shall be unlawful for any person, firm, or
corporation to sell, Offer for sale, distribute, or havein posses-'
s'ioH for sale or distribution any food or drink intended for human ~
consumption inany Food or Drink Establishment in the ity of Arroyo
Grande, California, unless possessin~ a permit to be obtained in the
manner provided by this ordinance.
SECTION 2. For the purpose of this ordinance a Food and Drink
Establishment is any buildihg, room, or ?ortmon thereof, where~food
or drink intended for human cons~p%ion ms cooked, mixed, prepared,
served, sold, offered for sale, or given away at a fixed place or
location.
~CTIO~ ~. Every applicant for such a permit sha~l file.w~th
the health department of the City of.Arroyo Grgnde~ bex~re, open~ng
for business,' a written application rot a permit to conauc% suc~
business. T~e health department shall investigate and' issue SUCh
permit when the place of business conforms to the laws'of the State
'of California and the provisions of this ordinance. Such permits
shall be in force for the calendar year in which issued unless
revoked for cause and shall be issued without charge. Renewal of
permits ~all be applied for and acted upon in the same manner.
SmCTIO~ %. he health officer of the ~ity of Arroyo Grande ,
with the approval oft he City Council, may establish such rules'or
regulations as may be necessary for the proper and orderly adminis-
tration of this ordinance.
SECTION. ~. Permits~all be refused or suspended by the City
Health Department upon the finding ~hat any provision of any lawof the
State of 'California or any of the provisions of this ordi~mnce have
been violated.
~. No business l~cense shall be issued for any ~ood
or Dr~stablishment by the ~ity of A~ro[O~Orande .until su~9 p~[[
Son, firm, corporation can she~ possessxon ox a permit I~om the y
Health Department for which the.business license is re%uired.
SECTION 7. (a) The floors of everyFood or Drink Establish-
ment shall be of smooth cement, smooth-surfaced wood or other.imper-
meable surface, so laid and constructed as to be even and free from
cracks and holes. The side walls and ceilings shall be well-constructed
of smooth-finished, cleanable material without cracks~or crevises
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therein or shall be well plastered, and finished with a smooth,
light-colored'surface.
(b) If, for sanitary reasons, ~e aealth Officer shall deem
it necessary the walls and ceilings shall be painted with a light-
colored paint at least once each year.
(c) All floors, walls, ceilings and entrances shall be so
designed, constructed, and maintained as to exclude rats, mice,
vermin, flies and other insects.
(a) Every building~ room or portion thereof used as or for a
Food or Drink Establishment shall be well ventilated by ~eans of
windows, or sky lights with louvers, o~ mechanical ventilation
effectively used and operated. Every. ood and Drink Establishment a!-.~
shall be adquately lighted bynatural or :art~fiaial light sothat
all parts of such establishment may be readily seen.No person
shall sleep in any room used for the preparation, storage, or ~erving
of food,
(e) Every hood over a kitchen range shall be of metal equipped
with a grease lip and ventilated withanapproved ventilator or ven-
tilating flue, so arranged, constructed and maintained as to car~y.
off all odors to ~he outside air and kitchens.shall be so ventilated, as
to insure good ventilation therefor, and freedom from any obnoxious,
objectional or offensive odors.
(f) No ~ooden sinks, or wooden sinks lined with metal, shall be
used in' any ood and Drink Establishment, Ail sinks shall be at
least two-compartments, made of metal orporcelain and with attached
metal drain boards. Ail sinks used for dish and glass washing, in
any Food and Drink Establishment shall be supplied with hot and cold
running water. Ail meat markets, bars, and all other food producing
or distribution establishments shall be supplied with hot and cold
running water~
(g) Refuse trays in all restaurants and eating establishments
shall be madeof metal or other impervious'materials, (And drain
pipes from such trays shall be of metal and 'shall be kept in a 'clean
and sanitary condition.
(h) No parrots, dogs, cats or other animals shall be kept or
permitted in any establishment where the foods herein mentioned are
kept, sold or dispensed.
S~CT!ONS.. (a) Every Food and Drink Establishment shall be
provided with adequate watercloset' facilities,.for each sex in .sep-
arate compartments, well-lighted and ventilated ~o the outside air.
Floors of water-closet compartments shall be.of smooth-finish cement~
tile or other impervious material. No water closet.compartment shall
have direct communication with any kitchen, room, or any place where
food or drink is prepared, stored, or served"unless it shall be
separat'ed theref=~m.by means of a proper~lighted vestibule with
ceiling.height p[rt~tions and a full-leng~h, solid-panel, self-cio.sing
door. Ail water closet fixtures, compartments, and vestibules, shall
be kept in good order and repair and free from any accumulation of
rubbish, waste~matter or other ma~rial,~and shall not be used as a
storeroom for foodstuffs.
(b) Every establishment shall be provided wi~h suitable wash-
basins or lavatories with an aaequa~e supply of running hot and cold
water, soap aud"clean, individual towels, andehall be conveniently
located in the dressing rooms or adjacent to the water-closets.
(c) Every establishment' shall be provided.with suitable, well-
lighted dressing rooms, for t~e employees or other persons working
therein, for the changing and/or handing of wearing apparel. Dressing
rooms shall be separated from the kitchen, dining or storeroom by,
ceiling-height partitions.
SECTION ~. (a) Protection of Foods Against Contamination.
It shall be unlawful for any person, fi~m or corporation to sell,
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expose er offer for sale any article of food prepared For human
consumption, which artiole of food is cooked', smoked or,othar~ee
prepared,and intended for human consumptionwithout fO~-~cher cooking;,
washing or other preparation,~unless such article or articles of
food are covered or enclosed by glass or with some other approved
substance or material i'n such a manner as to prevent the handling of any
such article or articles of foodby any person or persons other than
the person or persons selling or offering or exposing for sale, and to
prevent any such article or articles of food from coming in contact
with. any flies, insects, vermin, or other deleterious, unwholesome
or unhealthysubstance o'r commodities.
(b) No owner, operator, or employee of any Food or Srink
Establishment shall use or permit the use of any sugar container
designed for use of patrons of any such establishment which is.not so
enclosed as to make it impossible to insert a spoon or other item of
tableware therein: provided, however, t hat nothing herein contained
shall apply to the use of dube or lump sugar where the same is wrapped
in paper or cellophane or other protective covering,
(c) Resale of Partly Consumed Foods Forbidden. It shall be un-
lawful for any person, firm, Mr corporation owning, conducting, C
operating or maintaining any Food or' Drink Establishment in the. ity~
of Arroyo arande to sell or offer for sale or to serve, or to cause
or permit to be served for food, to or for any person, any article of
food which has been previously serveH to any person, or~hich has been
returned from the table, except the following: UnbroMen rolls,
muffins, buns, crackers, undamag§d fruits, olivel, pickles~ sugar '
syrup, condiments and like articles necessary for general service on
restaurant or lunch stand table or counter.
(d) Ail custard andfcream filled pastries shall be kept re-
frigerated at all times a~ a temperature not higher ~han ~0 degress
F,, except when actual sale is being made. The apparatus used in
filling pastries shall be made of metal or rubber and cleaned before
each use by me~ns of boiling water or live steam or other suitable
methods.
(e) It shall be unlawful for any person to smoke or chew tobacco
or to use tobacco in any manner while engaged in preparation, coo$ing,
or ha~d~ing of food.
(f) Ail fruits and vegetables, must be kept at least 15 inches
above the floor level at all times, or else be protected by wood,
metal or glass cases. Vegetables, fruit or other products when
delivered to establishments, shall not be left upon the side walk any
'longer'than is'absolutely necessary.
~ECTION 1~. (a) Ail floors, walls, ceilings, stairs, shelves,
furniture, equipment, utensils, foods, areaways, yards, alleys,
waterclos~ts, dressing rooms, plumbing and fixtures in or in ~nnection
with any Food or Drink Establishment shall at all rises be kept in good
order and repair, and be maintained in a clean, sanitary condition
and free from all kinds of vermin, rubbish, debris, or filth.
(b) No article or utensil ~hall be used in the preparation of
any food that has been previously used for any unclean purpose nor
shall ~ny chipped, cracked or broken cups, saucers, plates, or glasses
be used in the serving of patrons ~of any food or drink'establishment.
(c) No napkin, table cloth., or other dining~room linens, shall
be used for the purpose of cleaning or drying dishes, table or cook-
ing utensils or counters, or for any purpose or use except By the
patrons.
' (d) Ice bo~e~s or refrigerators shall be scrubbed with hot wa~er
ands omo cleansing agent at ~east once each week 'and shall be kept in
good order and repair, clean and sanitary at all times, and shall be
properly d~ained.
{e) Metal receptacles with tight-fitting metal covers for
garbage and rubbish shall be provided. The contents shall be removed
regularly and they shall be kept in good order and repair, and thorougly
cleaned after emptying.
(f) No food shall be prepared in an unclean mannerwnor shall an
article or material be used in making or p?eparin~ any food or,drink
that is-spoiled, decayed, contaminated or_unwholesome~ or that does
not comply with the laws of the State of Ualifornis and the provisions
of this ordinance against adulteration.
(g) No food or food articles intended for human consumption
shall be kept or prepared in any room or place where any drugs or
chemicals are mixe~, prepar6d, compounded, or .used, or kept in un-
sealed,.open.or broken containers or r~ceptacles.
, (h} Sterlization of dishes, ~tensmls, glasses, etc. In. every
place where food or drink is prepared,.sold or offered for s=le~ all
eating or drinkinE utensils such as knives, forks, spoons, cups,
caucers, plates, bowls, and glasses shall, after being used, be
cleaned and sterilized by:
1 ~irst removing all particles of food or foreign substance,
2 ~ Ahen'shall be thoroughly washed in clean, hot water to Which
has been added a sufficient amount of soap or other cleansing agent.
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Then rinsed in hot water near the boiling ~point. ~ASHING
AND STERILIZING OF DRINKING GLASSES
1 ,.Empty the unconsumed liquids or "dregs" into a separaEe
slophopper or sink.
2 - Thoroughly wash glass in warm water to which has been added
a 'sufficient amount of cleansing detergent to dissolve and remove all
grease, lipstick and foreign matter.
3 - Immerse the glass in a clean solution of water to which has
been addedan amount of chlorine to equal at least 200 parts per
million at all times.
~ - Do not rinse glasses with clear water after once sterilizing
in chlorine solution. It is not permissible to place glasses,~dishes,
u~ensils, or similar articles on towels.
· (i) Refrigerator pipes and suspended pipes s hall be properly
protected so as ~o prevent condensation from dropping into or on any
foodstuffs or any receptacle or apparatus used in the preparation
of food,
SECTIONI.~. Diseased employees, No employer shall
p~rmit,or, suffer any person to work, nor shall~any person ~n:
any buildlng,'room, basement, cellar, place or'vehicle, o
used for the Production, preparation~ manufacture, packing, st¢
sale, distribution or transportation of food,.who is arflicte
affected'with any veneral disease, smallpox, diptheria, scarlet
'yellow fever, tuberculosis, 'consumption,-bu$°~ic plague, Asiatic
Cholera, leprosy; trachoma, typhoid f~ver, epidemic dysentery.,
measles, mumps~ German measles, whooping-cou~h, chickenpox, or ~ny
other infectisus'or contagious disease.
SECTION 12. The Health Officer, with the~approval of the*'~ity
Coun'cil, is hereby authorized to order the immediate closing
food or drink establishmen~twhen in his opinion'such action is n~els-
sary for the protection of the public health.
SECTIO~:~· Exemptions from She requirements of this ordin~
~nde may be ma~e":when in the.opinion ofthe-HeAlth Officer and.$h~
oity Go~nciI~the application of.any par2icular~section of this':.1
ordinance would be impractical and unne*essarY~
SECTION '!~' Any and all ordinancesor parts of ordinances in
conflict herewith are hereby repealed.
.~; An7 person, fir~ or corpora~tion operat'ing
wit:ho~t shall be.:d~med, guilty of a~mi~d.em~anor and
upon cOnviCtiOn thereof shall be pUnished by a fine of not more
than $500...00 or by imprisonmant in the county Jail for a period of
not more than six (6) months or by both Such fine and imprisonment.
SECTION !6. If any seC~ion,'sub-section, sentence, clause or
phrase Of this ordin~nce is for any reason'held to be invalid,.
such deciaiOn~on, decisions shall nob affe~t~he validity of ~he re-
maining portions of ~his ordinance; The. ity~C0uncil hereby declares
that~it'would have passed ~his ordinance, and'each section, sub-section,
sentence, clause and phrase thereof, irrespective of the fact tha~
'any one or more sections, sub-sectiOns, sentences, clauses or phrases
be declared invalid.
SECTION ~, .This O~dinance, after its passage and approval
shall be'pUbl~ishedonce in ~h~ He~ald-Recorder, a weekly newSPaper'
pr.in~;and.,p~blished .½n ~he ~it~ of 'Arroyo Grande, County of
~u~s UDxspo~ ~tate o£ ~alifornia, and'shall take effect and be. in
full force ~nd'effect thirty ~30) days from and after its passage,
On motion of Councilman , seconded by Council-
NOES: Councilman
ABSENT'~ Councilmen ~
the'foregoing Ordinance is adopted.
ATTEST:
City. Cle~k,~. Ci~yof. Arrgyo
Grand~n'~y'of San Luis
· Obia~State ~f California.
STATEOF CALI'~ORNIA, )
COUNTY OFSAN/LUIS OBISPO,
as,
CITY OF ARROYO(GRAND~. )
ity Gl~rk of t he City of Arroyo
Grande, do hereby certify ~ha~4the foregoing Ordinance. No. o~~
is a full, true and correct copy of an Ordinance passed and adopted
by the' City Council of the City of Arroyo Orande on the o~ ~ day of
, 19~ and was thereafter signed by the Mayor and
~ttested by! the City Clerk.
(SEAL)
'of
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