Sec. 17-18. - Permit and inspection.

(a)

No person shall offer for sale any food, or operate a cafe, restaurant, public dining room, lunch counter or any other public place where food is sold for human consumption, or operate a soda fountain or soft drink establishment or any place where food is manufactured, made or prepared for human consumption within the city, unless such person shall first procure a permit from the health department; except that a person who sells only non-potentially hazardous food that has been pre-packaged and sealed in a food establishment approved by federal, state or local food establishment standards, or sells only fresh fruits and vegetables, is exempt from the requirement to obtain a health permit.

(b)

Application for a permit required by this section shall be made in writing on a form prescribed by the health officer, wherein the applicant shall agree to conform to ordinances, rules and regulations governing such places, and to permit such examinations and inspections as may be deemed necessary by the health officer.

(c)

Before a permit required by this section is granted, it shall be the duty of the health officer to cause an inspection to be made of the premises in which the business is to be conducted, and to refuse such permit if the condition of the premises shall not conform to the requirements of this article. It shall further be the duty of the health officer to cause to be made, from time to time, an inspection of all premises and equipment where food and beverages are manufactured, made, prepared, sold or exposed for sale, and if such place or business is not conducted in conformity with this article and other city ordinances and the rules and regulations of the health department, the health officer may revoke or suspend the permit until such place is made clean and sanitary to the satisfaction of the health officer.

(Ord. No. 117, §§ 11—13; Code 1961, §§ 18-11—18-13; Ord. No. 4130-90)

Sec. 17-19. - Walls, ceilings and floors.

(a)

The side walls and ceilings of every bakery, confectionery, creamery, cheese factory, restaurant kitchen or any other kitchen or food preparation area in which food is prepared for sale to the public shall be of smooth and cleanable construction, wainscoted and sealed, preferably with metal or other material which is washable and approved by the health department.

(b)

Every building, room, basement or cellar occupied or used for the preparation, manufacture, packing, storing, sale or distribution of food shall have an impermeable floor made of tile, brick or other nonabsorbent material approved by the health department, which can be flushed and washed with clean water. All floor to wall junctures must be coved.

(Ord. No. 117, § 19; Code 1961, § 18-19)

Sec. 17-20. - Lighting, ventilation, plumbing, etc.

(a)

Every building, room, basement or cellar occupied or used as a food establishment shall be properly lighted, drained, plumbed and ventilated. Exhaust fans and metal hoods, with ventilators, must be provided over ranges in all food establishments, when necessary to prevent odors and condensation and to promote cleanliness.

(b)

Facilities required by this section shall be conducted with due regard for the purity and wholesomeness of the food therein produced, sold or stored, and with strict regard to the influence of such conditions upon the health of the operatives, employees, clerks or other persons therein employed.

(Ord. No. 117, § 15; Code 1961, § 18-15)

Sec. 17-21. - Toilet facilities.

Toilets shall be constructed and maintained in accordance with rules and regulations of the health department and the provisions of the state and the City of Newport News codes requirements.

(Ord. No. 117, § 3; Code 1961, § 18-23; Ord. No. 3706-88)

Sec. 17-22. - Hand-washing facilities.

(a)

Convenient hand-washing facilities, ample for the use of employees in and patrons of food establishments, shall be provided, and such facilities shall, at all times, be maintained in a clean and sanitary condition. Hot and cold running water, soap and approved sanitary towels shall be furnished.

(b)

In food establishments constructed, or the ownership of which changes, after April 15, 1959, hand-washing facilities shall be provided in the kitchen or working area. The location of such hand-washing facilities shall be determined by the health officer.

(Ord. No. 117, § 24; Code 1961, § 18-24)

Sec. 17-23. - Protection from flies, dust, etc.

(a)

Every person in charge of any food establishment shall cause such establishment to be screened, enclosed or otherwise protected, so as to effectually protect the food from flies, dust or other contamination.

(b)

All openings to the outer air in food establishments shall be effectively screened and doors shall be self-closing and open outward, unless other effective means are provided to prevent the entrance of flies. It shall be permissible to place and operate an adequate electric fan over the entrance.

(Ord. No. 117, §§ 6, 20; Code 1961, §§ 18-6, 18-20)

Sec. 17-24. - Separation of sleeping quarters.

Sleeping places for persons employed in food establishments shall be separate and apart from any room in which food products are manufactured, stored or sold.

(Ord. No. 117, § 21; Code 1961, § 18-21)

Sec. 17-25. - General maintenance requirements.

(a)

The floors, side walls, ceilings, furniture, receptacles, implements and machinery of every food establishment shall at all times be kept in a clean, sanitary condition.

(b)

All interior woodwork in every bakery, confectionery, creamery, cheese factory, restaurant kitchen or any other kitchen or food preparation area in which food is prepared for sale to the public shall be washed clean with soap and water.

(Ord. No. 117, §§ 1, 19; Code 1961, §§ 18-16, 18-19)

Sec. 17-26. - Cleaning of receptacles, racks, tables, etc.

All wheeled containers, trays, boxes, baskets, buckets and other receptacles, chutes, platforms, racks, tables, shelves and all knives, saws and other implements used for chopping, mixing, canning or any other process in a food establishment shall be thoroughly cleaned daily, or oftener when deemed necessary by the health officer for the preservation of health.

(Ord. No. 117, § 17; Code 1961, § 18-17)

Sec. 17-27. - Cleaning and sterilization of utensils.

(a)

It shall be unlawful for any person to use any glass, cup, spoon, knife, fork or other utensil in the public sale or dispensing of liquids, beverages, drinks, food or other refreshments for consumption in or about the place of sale or dispensing, unless the same is first thoroughly cleaned and sterilized by means of steam, boiling water or approved chemicals. This requirement shall not apply to sanitary one-service utensils, made for one service only.

(b)

If steam is used as the method of sterilization, utensils must be exposed, for at least fifteen (15) minutes, to at least one hundred seventy (170) degrees Fahrenheit, or for at least five (5) minutes at two hundred (200) degrees Fahrenheit, in a steam cabinet. If boiling water is used, the utensils shall be submerged in water at one hundred seventy (170) degrees Fahrenheit or more, for at least two (2) minutes. If chemicals are used, the utensils shall be submerged in an approved solution for at least two (2) minutes.

(c)

Adequate facilities shall be maintained for the washing, rinsing and sterilization of all utensils used in the preparation, handling and serving of food and beverages at a food establishment. The following is considered the minimum equipment for washing, rinsing and sterilizing such utensils: Adequate facilities for heating water for cleaning and stationary wash and rinse vats of not less than three (3) compartments. An approved mechanical dishwashing machine may be used in lieu of a three-compartment sink. Where a dishwashing machine is used, adequate sinks shall be provided for pots and pans. The use of drying cloths or towels for eating utensils is prohibited.

(Ord. No. 117, § 14; Code 1961, § 18-14)

Sec. 17-28. - Use of enameled utensils prohibited.

The use, in a food establishment, of enameled pots, pans, knives, forks and other cooking and eating utensils is prohibited.

(Ord. No. 117, § 14; Code 1961, § 18-14)

Sec. 17-29. - Sprinkling prior to sweeping, dusting or cleaning; use of sawdust prohibited.

In food establishments, all sweeping, dusting and cleaning shall be preceded by sprinkling or other methods to allay the dust. The use of sawdust is prohibited in all eating establishments, bakeries, bake shops, dairies, creameries, cheese factories, food manufacturing plants and similar places.

(Ord. No. 117, § 26; Code 1961, § 18-26)

Sec. 17-30. - Use of common sugar bowls.

It shall be unlawful for the owner or operator of any restaurant or other commercial establishment serving food to provide or permit the use of common sugar bowls from which sugar must be dipped with a spoon. In restaurants or other commercial establishments serving food, sugar shall be served either in individual packages or in containers from which the sugar must be poured.

(Ord. No. 257, § 8; Code 1961, § 21-7)

Sec. 17-31. - Food storage containers.

All food storage containers used in a food establishment must be of approved, easily cleanable material, such as metal, glass or approved plastic, properly labeled and capable of withstanding washing and sanitizing by hot water, steam or chemicals.

(Ord. No. 117, § 29; Code 1969, § 18-29)

Sec. 17-32. - Removal of food from stock containers.

Waiters, waitresses, clerks and helpers in food establishments shall, in serving patrons, use forks, spoons or other clean instruments in removing, from stock containers, bread, butter, pies, cake, pickles and other articles of food to individual receptacles.

(Ord. No. 117, § 18; Code 1961, § 18-18)

Sec. 17-33. - Domestic animals prohibited; exception.

No domestic animals shall be permitted to remain in any room for the manufacture, preparation, storage or sale of food or food products, except that seeing-eye dogs which are accompanying blind persons shall be permitted to enter restaurants and other food establishments.

(Ord. No. 117, § 22; Code 1961, § 18-22)

Cross reference— Animals and fowl, Ch. 6.

Sec. 17-34. - Cleanliness of employees; hair restraints; use of tobacco.

(a)

All employees of food establishments shall be clean in person at all times. No employee in any way connected with the handling, cooking or preparing of any food shall engage in work, following a visit to the toilet, without thoroughly cleansing his or her hands.

(b)

All employees of restaurants, lunch rooms, inns, cafeterias, ice cream parlors, bake shops, delicatessens, soda shops, meat markets and other food preparation places, when engaged in the preparation or dispensing of food, shall wear clean clothing. Hair nets, caps or other approved means of hair restraints shall be worn by all employees while preparing or serving food. The use of tobacco is prohibited while preparing or serving food.

(Ord. No. 117, §§ 24, 25; Code 1961, §§ 18-24, 18-25)

Sec. 17-35. - Report of employees with contagious diseases.

The owner of any food establishment shall immediately report to the health officer the name of any employee whom such owner knows or suspects to be suffering from any contagious disease.

(Ord. No. 2245; Code 1961, § 21-37)

Secs. 17-36—17-45. - Reserved.