It shall be the duty of the owner or person charged with the management of any restaurant or drive-in restaurant to construct a chain link or similar type fence of approved type of materials a minimum of 24 inches in height to enclose all open areas around said restaurant or parking lot, said fence to extend to within three feet of driveways in order to prevent debris such as napkins, straws, paper cups and plates and other waste material from blowing off the premises onto public property.

(Code 1958, § 3-242; Ord. No. 228, § 1, 8-12-63)

It shall be unlawful for the operator of any motor vehicle to drive through or upon any driveway or parking lot, used in conjunction with any restaurant or drive-in restaurant, for purposes other than those for which said driveway or parking lot were constructed, said area being only for customer and employee use.

(Code 1958, § 3-245; Ord. No. 228, § 1, 8-12-63)

It shall be unlawful for any licensee, manager or person in charge of any restaurant or drive-in restaurant to cause, create, allow or maintain any nuisance on its parking area whereby the peace, good order or sanitation of the neighborhood is disturbed, or persons owning or occupying property in the neighborhood are disturbed or annoyed.

(Code 1958, § 3-240; Ord. No. 228, § 1, 8-12-63)

Charter reference— Specific authority to abate nuisances, Ch. 2, § 2.2(m).

Cross reference— Public nuisances generally, Ch. 17, Art. II.

Where the parking area of any restaurant or drive-in restaurant is illuminated by electric lights, such illumination as may be provided shall be so arranged as to shine away from any adjoining residential property.

(Code 1958, § 3-243; Ord. No. 228, § 1, 8-12-63)

It shall be unlawful for any patron of a restaurant or drive-in restaurant or any person on the premises of a restaurant or drive-in restaurant whether in or out of an automobile, to drink any wine, beer or intoxicating liquors; provided however, this provision shall not apply to any person when served inside the building of a restaurant or drive-in restaurant duly licensed to serve such beverages.

(Code 1958, § 3-246; Ord. No. 228, § 1, 8-12-63)

An article to establish sanitary standards, and to control the sale, storage, processing, distribution, display and serving of food in the City of Madison Heights. It is the intent and purpose of this article to safeguard the health of the public who may patronize any such food establishment in the City of Madison Heights, and further, to protect the public from any health nuisance or hazardous health conditions arising from the operation of such establishments.

(Ord. No. 550, § 2, 9-8-75)

For the purpose of this article, certain terms, words or phrases used herein shall be interpreted as follows:

(1)

Persons: The word "person" includes a firm, partnership, company or corporation as well as an individual; the present tense includes the future tense, the singular number includes the plural and the plural number includes the singular; the word "shall" is mandatory, the word "may" is permissive. Terms not herein defined shall have the meaning customarily assigned to them.

(2)

Adulterated: The condition of a food if it bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health; if it bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation, or in excess of such tolerance if one has been established; if it consists in whole or in part of any filthy, putrid, or decomposed substance, or if it is otherwise unfit for human consumption if it has been processed, prepared, packed, or held under unsanitary conditions, whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; if it is in whole or in part the product of a diseased animal or an animal which had died otherwise than by slaughter; or if its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.

(3)

Approved: Acceptable to the health officer based upon his determination as to conformance with appropriate standards and good public health practice.

(4)

Canopy hood: An overhead hood which completely covers the equipment it is designed to serve.

(5)

Capture velocity: The velocity of air required to entrain vapors, mists, particulate matter, grease, smoke, steam or heat at the point where they are generated or produced.

(6)

Closed: Fitted together snugly leaving no openings large enough to permit the entrance of vermin.

(7)

Commercial cooking and/or dishwashing equipment: Equipment used in a food establishment for cooking and/or washing utensils and which may produce steam, mist, particulate matter, vapors or smoke which are to be removed through a local exhaust ventilating system.

(8)

Commissary: Any food service establishment or base of operations where food, containers or supplies are handled, prepared or packaged and directly from which mobile units are serviced.

(9)

Corrosion resistant material: A material which maintains its original surface characteristics under prolonged influence of the food cleaning compounds, and sanitizing solution which may contact it.

(10)

Easily cleanable: Readily accessible and of such material and finish, and so fabricated that residue may be completely removed by normal cleaning methods.

(11)

Employee: Any person working in a food service establishment who transports food or food containers, who engages in food preparation or food service, or who comes in contact with any food utensils or equipment.

(12)

Equipment: All stoves, ranges, ovens, hoods, meat blocks, tables, counters, refrigerators, sinks, mixers, dishwashing machines, steam tables, and similar items, other than utensils, used in the operation of a food service establishment.

(13)

Food: Any raw, cooked or processed edible substance, beverage or ingredients used or intended for use or for sale in whole or in part for human consumption.

(14)

Food-contact surfaces: Those surfaces of equipment and utensils with which food normally comes in contact, and those surfaces with which food may come in contact and drain back onto surfaces normally in contact with food.

(15)

Food establishment: This term shall extend and be applied to food-processing establishments, food-service establishments and food markets.

(16)

Food market: A retail grocery, meat market, poultry market, fish market, fresh fruit and vegetable market, delicatessen, confectionery, candy kitchen, nut store, retail bakery, or any other establishment, whether fixed or mobile, where food, intended for human consumption off the premises, is produced, manufactured, stored, prepared, handled, transported, sold or offered for sale at retail.

(17)

Food-processing establishment: A commercial establishment in which food or beverage is processed or otherwise prepared and packaged for human consumption.

(18)

Food-service establishment: Any fixed or mobile restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, grill, tea room, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, industrial feeding establishment; private, public or nonprofit organization or institution routinely serving food; catering kitchen, commissary or similar place in which food or drink prepared for sale or for service on the premises or elsewhere; and any other eating or drinking establishment or operation either stationary or mobile where food is served, processed or provided for the public with or without charge.

(19)

Food vendor: Any person who sells or offers for sale any food or beverage intended for human consumption, on the streets or public places within the city, or who travels by foot, mobile unit or other conveyance from place to place, from house to house, or from street to street, carry such foods or beverages and offering and exposing same for sale, or making sales and delivering such food or beverage to purchasers. The word "vendor" shall include the words "peddler", "hawker" and "huckster," or other similar term for this type of business for the purpose of this article.

(20)

Grease filter: A device containing nonflammable media through which exhausted air is passed for the purpose of extracting or separating grease and other contaminants from the air before it enters the exhaust duct system.

(21)

Grease remover: A device other than a "grease filter" intended to remove grease and other contaminants from the air before the contaminants enter the exhaust duct system.

(22)

Health officer: The director of the Oakland County Department of Health and/or his authorized representative or agent, or the director of the department of agriculture and/or his authorized representative or agent.

(23)

Hood: A device intended for collecting vapors, mists, particulate matter, fumes, smoke, steam or heat before entering the exhaust duct.

(24)

Kitchenware: All multiuse utensils other than tableware used in the storage, preparation, conveying or serving of food.

(25)

Low-side wall hood: A wall hood that has a maximum height of three feet above the cooking surface and a maximum of one foot setback from the front of the cooking surface. This hood is synonymous with most of the proprietary hoods known as ventilators.

(26)

Misbranded: The presence of any written, printed, or graphic matter upon or accompanying food or containers of food, which is false or misleading or which violates any applicable federal, state or local labeling requirements.

(27)

Mobile food-service establishment: A food-service establishment operating from a vehicle which returns to an approved commissary for servicing and maintenance at least once every 24 hours. The term "mobile food-service establishment", herein referred to as "mobile unit", does not include common carriers regulated by the federal government or delivery vehicles used only for transporting food prepared in licensed food-service establishments.

(28)

Mobile packaged-food unit: A mobile unit on which food service is restricted to sealed prewrapped or prepackaged foods in original containers and the dispensing of homogeneous soup, coffee, tea or other similar beverages, Mobile packaged-food units shall be exempt from those provisions which require sinks, water storage and distribution systems, plumbing, liquid waste retention, handwashing facilities, service openings and ventilation.

(29)

Mobile food preparation unit: A mobile unit in which food is prepared, packaged, wrapped, handled and served in other than its original sealed container or wrapping.

(30)

Perishable food: Any food of such type or in such condition as may spoil or is subject to spoilage.

(31)

Person: An individual, firm, partnership, company, corporation, trustee, association or any public or private entity.

(32)

Potentially hazardous food: Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish, or other ingredients capable of supporting rapid and progressive growth of infectious, or toxigenic microorganisms.

(33)

Readily accessible: Exposed or capable of being exposed for cleaning and inspection without the use of tools.

(34)

Safe temperatures: Temperatures of 45 degrees Fahrenheit or below, and 140 degrees Fahrenheit or above as applied to potentially hazardous food.

(35)

Sanitize: Effective bactericidal treatment of clean surfaces of equipment and utensils by a process which has been approved by the health authority as being effective in destroying microorganisms, including pathogens.

(36)

Sealed: Free of cracks or other openings which permit the entry or passage of moisture.

(37)

Single-service articles: Cups, containers, lids or closures, plates, knives, forks, stirrers, paddles, straws, placemats, napkins, doilies, wrapping material, and all similar articles which are constructed wholly or in part from paper, paperboard, molded pulp, foil, wood, plastic, synthetic or other readily destructible materials, and which are intended for one use only, then to be discarded.

(38)

Static pressure: The potential pressure exerted on the fan by the resistance to air movement within the local exhaust ventilation system.

(39)

Tableware: All multi-use eating and drinking utensils, including flatware (knives, forks and spoons).

(40)

Temporary food-service establishments: Any food-service establishment or mobile unit which does not return to its commissary or service base after a day's business and continues to operate at a fixed location for a temporary period of time, not to exceed two weeks, in connection with a fair, carnival, circus, public exhibition, or similar transitory gathering.

(41)

Utensils: Any tableware and kitchenware used in the storage, preparation, conveyance or serving of food.

(42)

Wholesome: In sound condition, clean, free from adulteration, and otherwise suitable for use as human food.

(Ord. No. 550, § 3, 9-8-75; Ord. No. 751, § 1, 5-13-85)

No person shall operate a food-service establishment, temporary food-service establishment, or food market in the City of Madison Heights without first having obtained a license as issued in accordance with the provisions of this article. Such license shall not be issued without the certification of the health officer that the applicant has complied with all the requirements of this article. The license shall be posted in full public view in the premises at all times. The operator of a temporary food-service establishment as a food stand must prominently post his name, address and telephone number on the exterior stand.

(Ord. No. 550, § 4, 9-8-75; Ord. No. 657, § 1, 7-28-80)

Editor's note— Section 1 of Ord. No. 657 has been treated as amendatory of the first sentence of § 13-22, at the editor's discretion.

No person shall operate a mobile unit within the City of Madison Heights without first having secured a license and vehicle tag from the city clerk. The vehicle tag shall be prominently displayed on the exterior of the vehicle. No license or tag shall be issued without prior approval of the health officer. A copy of any special conditions attached to the licensure of a mobile unit must be carried in the vehicle at all times. Such special conditions may include restrictions pertaining to types of food, food preparation routines, utensil cleaning and sanitizing procedures or any other procedures which are deemed conditional by the health officer. The name and address of the business operating the mobile unit shall be plainly indicated on each side of the exterior of the vehicle in letters of contrasting colors at least three inches high with a minimum three-eighths of an inch wide stroke. Since the commissary is considered to be an essential part of the mobile unit's operation, approval of the commissary is required before a mobile unit will be licensed. All facilities and operations of commissaries must be in compliance with requirements for food service establishments. If a mobile unit is operating in a manner which demands additional safeguards to protect the public health, the health officer shall impose reasonable requirements as deemed necessary to fulfill the spirit of this article before license approval.

(Ord. No. 550, § 5, 9-8-75)

No person shall engage in the business known as food vendor without first having obtained a license therefor. No such license shall be issued except upon certification of the chief of police. Every applicant for a food vendor's license shall furnish the city clerk two recent personal identification photographs of passport type and size, one of which shall be retained by the clerk and the other attached to and made a part of the food vendor's license to the applicant.

(Ord. No. 550, § 6, 9-8-75)

No person shall engage in the business of selling or delivering food products on established routes and to regular customers such as but not limited to dairy or milk routes, bakery routes, coffee or tea sales routes or any other type of prescheduled, predetermined customer sales routes involving the delivery of any prepackaged food or products without first having obtained a license therefor. All such prepackaged food products shall have been prepared, packaged and sealed on premises properly licensed as a food establishment.

(Ord. No. 550, § 7, 9-8-75)

All licenses issued for food establishments, vehicle tags for mobile units and food vendors shall take effect January first and expire the following December 31 ^st of each year.

(Ord. No. 550, § 8, 9-8-75; Ord. No. 701, § 1, 2-28-83)

No person while affected with any such disease in a communicable form, or while a carrier of such disease, or while afflicted with boils, infected wounds, sores, or an acute respiratory infection, shall work in any area of a food service establishment in any capacity in which there is a likelihood of such person contaminating food or food contact surfaces with pathogenic organisms, or transmitting disease to other individuals. No person known or suspected of being affected with any such disease or condition shall be employed in such an area or capacity. If the manager or person in charge of the establishment has reason to suspect that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the health officer immediately.

(Ord. No. 550, § 9, 9-8-75)

All persons shall wear clean and appropriate clothing, be clean about their person, and be hygienic in their habits. Effective hair restraints shall be used by persons engaged in the manufacturing, preparing, or serving of food and beverage. No employee shall resume work after using the toilet room without first washing his hands with soap and warm water. No person shall expectorate in a food establishment. No person shall use tobacco in any form in any area in which food is prepared or act in any manner detrimental to the cleanliness and sanitation of the establishment.

(Ord. No. 550, § 10, 9-8-75)

All portions of a food-service establishment or temporary food establishment and their premises shall be kept neat, clean and free of litter and rubbish. It shall be unlawful to permit litter and rubbish resulting from the operation of any such establishments to become scattered onto adjacent areas. Cleaning operations shall be conducted in such a manner as to minimize contamination of food and food contact surface. None of the operations connected with any of these licensed establishments shall be conducted in any room used as living or sleeping quarters. There shall be no direct connection between the living or sleeping quarters and the food service establishment. Soiled linens, coats and aprons shall be kept in suitable containers until removed for laundering. Laundered clothes shall be stored in a clean place until used. No live birds or animals shall be permitted in any area used to conduct a food service establishment operation. Provided, guide dogs accompanying blind persons may be permitted in dining areas. Mobile units shall be used for no other purpose or business.

(Ord. No. 550, § 11, 9-8-75)

All stored garbage and rubbish containing food soil shall be kept in leakproof, nonabsorbent, tightly covered washable containers. Provided, that such containers need not be covered when stored in a special vermin-proof room or enclosure, or in a food waste refrigerator. All other rubbish shall be stored in containers, rooms or areas in an approved manner. The rooms, enclosures, areas and containers used shall be adequate for the storage of all food wastes and rubbish accumulating on the premises. Adequate cleaning facilities shall be provided, and each container, room or area shall be thoroughly cleaned after emptying or removal of garbage and rubbish. Food waste grinders, if used, shall be of suitable construction and adequate size and the installation must comply with the plumbing and electrical codes of the City of Madison Heights. The disposal of all garbage and rubbish shall be sufficiently frequent and in such a manner as to prevent a nuisance and comply with all provisions of the Code of Ordinances.

(Ord. No. 550, § 12, 9-8-75)

The surrounding area, as relating to the operation of a mobile unit or temporary food service establishment, shall be maintained in a sanitary condition by the operator. Each such unit shall have adequate refuse containers for use of customers and food service personnel. All such receptacles shall be emptied at least once a day, or more frequently when necessary, at such a place and in such a manner as to prevent a nuisance.

(Ord. No. 550, § 13, 9-8-75)

It shall be unlawful for any person to remodel or alter any existing building or portion thereof which is being used or is proposed for use as a food establishment or to construct a new building which is to be used in whole or in part as a food establishment without first having submitted duplicate plans and specifications thereof, prepared by a registered architect or engineer, to the health officer. Such plans shall be accompanied by such other data as will completely describe the food establishment or the addition or alteration proposed. If approved, one set of plans bearing such approval in writing shall be returned to the applicant. If not approved, the manner in which such plans do not meet the requirements of this article shall be marked on both sets of plans, and one set of plans shall be returned to the applicant. Compliance with this provision in no way shall relieve the applicant from complying with all other applicable building codes and zoning regulations relating thereto.

(a)

It shall be unlawful for any person to hereafter construct or extensively remodel a mobile unit without first having submitted to the health officer properly prepared plans and specifications for such construction or remodeling, showing layout, arrangement, and construction materials of work areas; mobile unit size, type of fixed equipment and facilities. [Said plans and specifications shall be] approved before any such work is begun.

(Ord. No. 550, § 14, 9-8-75)

All plumbing shall be installed in compliance with the plumbing code and maintained as to carry adequate quantities of water to required locations throughout the establishment; as to prevent contamination of the water supply; as to properly convey sewage and liquid wastes from the establishment to the sewerage or sewage disposal system; and so that it does not constitute a source of contamination of food, equipment or utensils, or create an insanitary condition or nuisance.

(Ord. No. 550, § 15, 9-8-75)

Hot water demand for dish machines, glass-washers, pot- and pan-washers, and silverware washers shall be calculated on a gallons-per-hour basis as established by the National Sanitation Foundation.

(a)

Hot water requirements for commercial kitchens.

(b)

Hot water using fixtures.

(c)

Gallons per hour use.

High—To be used when food operation utilizes multiuse eating utensils.

Low—To be used in carry-out food operations, designed in such a manner that the operation cannot be changed, where single-service eating utensils are utilized.

(1)

Small convenience-type grocery stores, by virtue of a limited food-service operation, may not need to have hot water demands calculated from the above schedules. However, a minimum of 30 gallons storage capacity or equivalent Btu rating must be provided.

(Ord. No. 550, § 16, 9-8-75)

In the formulas used herein the following letters and numbers shall represent the respective meanings as used in the formulas:

Q = The quantity of water to be heated.

DR = The degrees rise desired (°F).

8.33 = Weight of one gallon of water in pounds.

.70 = Thermal efficiency of gas.

3412 = Conversion factor to kilowatts.

(a)

Gas-fired equipment.

Q × DR × 8.33 ° .70 = Btu/hr input required

Q gal. × °F. Rise × 8.33 = required Btu

___________

.70

(b)

Electrically-heated equipment.

Q × DR × 8.33 ° 3412 = KW/hr input required

Q gal. × °F. Rise × 8.33 = required kilowatts

___________

3412

(Ord. No. 17, 9-8-75)

(a)

Water supply.

(1)

The water supply shall be adequate and of a safe, sanitary quality from an approved source. The water supply tank shall be filled only at the commissary or from another previously approved source.

(2)

Hot and cold running water under pressure shall be provided in all areas where food is prepared and where equipment, utensils or containers are washed. A water quantity of at least one gallon per minute must be delivered to each faucet. The water heater must be capable of maintaining water at a temperature of at least 140 degrees Fahrenheit at all times.

(3)

The water supply fixture from which water for drinking or culinary purposes is received by a mobile unit or temporary food service establishment shall be of a size or type which will prevent its use for any other purpose and shall be maintained so as to assure protection of the water against contamination. When not in use the water receiving fixture must be covered by a plug or cap fastened to a keeper chain. The tap shall not be located in a toilet room, wash room or other area where danger of contamination may exist.

(4)

The water supply hose and couplings shall be of a size and type compatible with the water supply fixture specified in the above subsection and shall be constructed of impervious, nontoxic material, having smooth interior surfaces and shall be free of cracks and checking. Hose couplings shall be constructed to permit a tight connection between the vehicle coupling and the hose bib. Hose ends must be capped, connected or otherwise fully protected when not being used. The ends of the potable water hose shall be prevented from touching the ground or any contaminating material by permanent placement of a six inch disk near each end or by other effective means.

(5)

A water supply tank of sufficient capacity to furnish an adequate quantity of potable water for food preparation, cleaning of utensils and equipment, and hand-washing purposes shall be provided. The tank shall be designed so that it can be flushed and it shall be provided with a drain that permits complete drainage of the tank. The potable water tank shall have no common partition with a tank holding nonpotable water or other liquids. The water tank overflow or vent shall terminate in a downward direction and be so located and constructed as to prevent entrance of contamination.

(b)

Sewage disposal.

(1)

A suitable liquid waste tank with a capacity of at least 15 percent larger than the fresh water tank shall be provided. The tank shall be emptied only at the commissary or other previously approved location and flushed as often as necessary to maintain sanitary conditions.

(2)

The tank discharge connection shall contain a minimum one and one-half (1½) inch half-union attachment for gravity draining. A tight-closing valve shall be located between the attachment and tank proper.

(3)

There shall be provisions made for the sanitary disposal of liquid wastes at each service base, including a hose having connections of a size and type compatible with the attachment specified above and an approved connection to a sanitary sewer.

(4)

All tanks, lines, couplings, valves or any other plumbing equipment shall be designed, installed, maintained and constructed of materials that will not contaminate the water supply, food, utensils or equipment.

(Ord. No. 550, § 18, 9-8-75)

Every food-processing establishment, food market, and food-service establishment, except duly licensed trucks or wagons, shall be provided with adequate and conveniently located toilet facilities in the building or building complex. Toilet fixtures shall be of a sanitary design and readily cleanable. All dressing rooms and toilet facilities, including rooms and fixtures, shall be kept in a clean condition, in good repair, well lighted, free from flies and other insects, and ventilated to the outside atmosphere. Toilet rooms shall be walled from ceiling to floor and shall be provided with self-closing, tight-fitting doors. Floors and walls shall be constructed of a smooth nonabsorbent material. Every toilet room shall be provided with sanitary toilet paper and easily cleanable receptacles for waste materials. All such receptacles in toilet rooms for women shall be covered. Where toilet facilities are provided for use by the public, such facilities shall be likewise constructed and maintained and further such facilities shall be separated from the kitchen or other food preparation areas. All new and remodeled establishments shall provide separate toilets for each sex.

(a)

Toilet facilities shall not be required for mobile units or temporary food service establishments. Such facilities shall be available for the use of mobile unit and temporary food service establishment's service personnel within a reasonable distance whenever these units are on location to conduct business for a temporary period of time.

(Ord. No. 550, § 19, 9-8-75)

Every food-processing establishment, food market, and food service establishment, except duly licensed trucks or wagons in which prepackaged food is displayed for sale, shall be provided with adequate, conveniently located hand-washing facilities for its employees, including a lavatory or lavatories equipped with hot and cold running water, soap, and approved individual sanitary towels or other approved hand-drying devices. Lavatories shall be located within all toilet rooms. In all establishments lavatories shall also be located within the area where food is being prepared. Lavatories shall be adequate in size and number and shall be so located as to permit convenient and expeditious use by all employees. Lavatory facilities shall be separate from those sinks used for equipment washing and shall be used exclusively for handwashing. The lavatory basin in a mobile unit must have minimum interior dimensions of nine by nine inches in width and five inches depth.

(Ord. No. 550, § 20, 9-8-75)

Adequate facilities shall be provided for the orderly storage of the employees' clothing and personal belongings. Where employees routinely change clothes within the establishment, one or more dressing rooms or designated areas shall be provided for this purpose. Such designated area shall be located outside of the food preparation, storage, and serving areas, and the utensil-washing and storage areas and toilet rooms. Provided, that when approved by the health officer, such an area may be located in a storage room where only completely packaged food is stored. Designated areas shall be equipped with adequate lockers, and lockers or other suitable facilities shall be provided in dressing rooms. Dressing rooms and lockers shall be kept neat and clean.

(Ord. No. 550, § 21, 9-8-75)

The floor surface of all rooms and areas in which food is stored or prepared and in which utensils are washed, and in walk-in refrigerators, dressing or locker rooms, and toilet rooms, shall be of smooth, nonabsorbent, grease-resistant materials, with covered junctures and so constructed as to be easily cleanable. All floors shall be kept clean and in good repair. Floor drains shall be provided in all rooms where floors are subjected to flooding-type cleaning or where normal operations release or discharge water or other liquid waste to the floor. All areas where food is served shall be kept clean and properly drained, and the floor surfaces in such areas shall be finished so as to facilitate maintenance, cleanability and minimize dust.

(Ord. No. 550, § 22, 9-8-75)

The walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms or areas in which food is prepared, stored, or utensils or hands are washed, shall be durable, easily cleanable, smooth, light colored, and shall have washable surfaces.

(Ord. No. 550, § 23, 9-8-75)

All doors, windows and screens shall be kept clean and in good repair. All openings shall be effectively screened or otherwise provided with other effective means to prevent the entrance of vermin, flies and other insects.

(a)

Service openings in a mobile unit or temporary food-service establishment shall be limited in number and size to that determined to be practical for operation. A functional air curtain or a screened or solid-closing device shall be in place whenever a service opening is not in actual use for service or customers. Screening of 16 mesh per inch shall be the minimum acceptable enclosure. The interior of such units shall be kept clean and free of vermin.

(Ord. No. 550, § 24, 9-8-75)

At least 20 footcandles of light reasonably free from glare shall be required on all working surfaces and at least ten footcandles on all other surfaces and equipment, in food preparation, utensil-washing and handwashing areas, and toilet rooms. Sources of artificial light shall be provided and used to the extent necessary to provide the required amounts of light on these surfaces when in use and when being cleaned. At least five footcandles of light at a distance of 30 inches from the floor shall be required in all other areas, including dining areas during cleaning operations.

(a)

Adequate lighting shall be provided throughout the interior of a mobile unit or temporary food service establishment. Light bulbs and tubes shall be covered with a protective safety shield. Light fixtures shall be installed so as not to constitute a hazard to personnel or food materials.

(Ord. No. 550, § 25, 9-8-75)

This standard covers the sanitation and ventilation performance requirements for commercial hoods and other devices designed and intended to provide ventilation for commercial cooking, baking and dishwashing equipment. Such ventilation equipment includes exhaust hoods, special slot and vent units, plenum chambers, grease filters and/or removers, exhaust fans and all other elements of the local exhaust ventilation system as well as the requirements for tempered make-up air. The standard also provides basic formulas to be used as a guide in designing the ventilating units and the systems to which they are connected from the standpoint of ventilation performance.

(Ord. No. 550, § 26, 9-8-75)

Mechanical exhaust ventilation equipment shall be provided over all grills, range tops and other cooking and baking devices as required to effectively remove cooking odors, smoke, steam and vapors and to provide a reasonable condition of comfort to employees. The exhaust equipment must be operated whenever the cooking equipment is in use. All ovens, gas burners, gas refrigeration units and other similar equipment shall be vented to the outside air. Such ventilation equipment shall be equipped with grease filters or other means of grease extraction.

(a)

All rooms in which food is prepared or served or utensils are washed, dressing or locker rooms, toilet rooms, and garbage and rubbish storage areas shall be well ventilated. Ventilation hoods and devices shall be designed to prevent negative atmospheric conditions and to prevent grease or condensate from dripping into food or onto food-preparation surfaces. Grease extraction systems shall be provided with grease filters and shall be so designed as to be readily removable for cleaning or replacement. Ventilation systems shall comply with applicable state and city fire prevention requirements and shall, when vented to the outside air, discharge in such a manner as not to create a nuisance.

(Ord. No. 550, § 27, 9-8-75)

Whenever specific materials are mentioned, it is understood that the use of other materials proven to be equally satisfactory to the health officer will be acceptable.

(a)

All hoods and components thereof shall be fabricated or otherwise constructed of materials which will comply with the applicable requirements of the National Sanitation Foundation basic criteria C-2. Cadmium-platted materials shall not be used.

(b)

Surfaces of hoods which require routine cleaning shall be constructed of materials which are easily cleanable, unpainted, nonabsorbent and resistant to the use environment including action of steam, grease, heat and normal cleaning compounds and methods.

(Ord. No. 550, § 28, 9-8-75)

Commercial cooking and/or dishwashing equipment exhaust units shall be so fabricated and reinforced to withstand the forces and actions to which they would normally be exposed without buckling or significant distortion.

(a)

Hoods. Surfaces of hoods, which are subject to routine or periodic cleaning, shall be designed and constructed to be easily cleanable.

(b)

Joints and seams. All joints shall be structurally and mechanically sound and secure without the use of solder. Joints and seams on exposed surfaces requiring routine cleaning shall be easily cleanable. Joints and seams on surfaces of the pleneum, hood or other portions of the system containing the exhaust air shall be sealed.

(c)

Solder. Solder shall be used only for the filling of structurally sound joints and seams.

(d)

Reinforcing and framing. The design shall be such as to minimize exposed bracing, channels, crevices or other areas in which grease, dirt and similar material may accumulate.

(Ord. No. 550, § 29, 9-8-75)

Grease filters of noncombustible material shall be installed in a frame or holders of such design as to minimize air bypass, such as accomplished by a continuous surface-to-surface contact between filter frames or filter frames and mounting frames. Grease filter units shall be readily removable without the use of any tools. Filters shall be sized so they may be passed through a dishwashing machine or cleaned in a pot sink. Grease filters shall be installed at an angle of 45 degrees to 60 degrees to horizontal and be sized for a maximum exhaust of two cfm for each square inch of filter area.

(a)

Filters installed in cap-type hoods over pizza ovens must be located in that portion of the hood structure which extends over the doors. A minimum 18 inch overhang shall be provided over the front of the oven. The angle of filter installation and drip intercepting device requirements may be waived for cap-type hoods installed over pizza ovens.

(Ord. No. 550, § 30, 9-8-75)

For grease remover units which are designed for in-place cleaning, the system used shall result in proper and thorough cleaning of the unit when the manufacturer's instructions are followed. If the cleaning in-place is with steam, hot water, or similar means, the drains therefor shall be installed in accordance with the plumbing code and sewer maintenance recommendations, and the cleaning system shall be capable of effectively performing its intended function.

(Ord. No. 550, § 31, 9-8-75)

Grease filters or grease removers shall be of such material, durability and design as to permit thorough and repeated cleaning by the methods specified in the manufacturer's instructions. A drip intercepting device shall be provided around the internal perimeter of a canopy hood at its lower edge. The purpose of the device or gutter is to collect grease and condensate that impinges on the interior of the hood and to prevent its dripping onto food or food preparation surfaces. The drip intercepting device shall be easily cleanable and that portion directly beneath the filters or grease removers shall be pitched to drain to a metal container.

(Ord. No. 550, § 32, 9-8-75)

The distance between the grease filter or other grease removal device and the cooking surface shall be as large as possible. Where grease filters or other grease removal devices are used in conjunction with charcoal or charcoal-type broilers, including gas or electrically heated charcoal broilers, a minimum vertical distance of four feet shall be maintained between the lower edge of the grease filter or removal device and the cooking surface.

(Ord. No. 550, § 33, 9-8-75)

Grease filters or other grease removal devices shall be protected from combustion gas outlets and from direct flame impingement occurring during normal operation of cooking appliances producing high flue gas temperatures such as deep fat fryers, upright or high broiler (Salamander Broilers) when the distance between the filter or removal device and the appliance outlet (heat source) is less than 18 inches. This protection may be accomplished by the installation of a steel or stainless steel baffle plate between the heat source and the filter or removal device. The baffle plate shall be so sized and located that flames or combustion gases must travel a distance not less than 18 inches from the heat source to the grease filter or removal device. The baffle shall be located not less than six inches from filters or removal devices.

(Ord. No. 550, § 34, 9-8-75)

All hoods and appurtenances shall be capable of effectively accomplishing their intended purpose when connected to properly designed exhaust systems, installed and operated in accordance with the manufacturer's or fabricator's instructions. Hoods shall be so designed as to not interfere with normal combustion and/or exhaust of the products of combustion from the commercial cooking equipment or other process and/or heating equipment.

(Ord. No. 550, § 35, 9-8-75)

In the formulas used herein the following letters shall represent the respective meanings as used in the formulae:

Q = The total quantity of air required to be exhausted by the ventilating system in cubic feet per minute.

P = The perimeter in feet of the open sides of the hood.

D = The distance in feet between the cooking surface and the face of the hood.

V = The capture velocity rated in feet per minute.

W = Width in feet of the door opening.

H = The height in feet of the door opening.

L = The length in linear feet of the hood.

(Ord. No. 550, § 36, 9-8-75)

The total quantity of air (Q) to be exhausted from a canopy hood shall be determined by the formula Q = VPD. Capture velocity (V) shall be determined from the following chart:

(Ord. No. 550, § 37, 9-8-75)

The face of the opening of canopy hoods shall not be more than seven feet from the floor and the hood shall overhang or extend beyond the edge of the cooking surface, a horizontal distance of not less than six inches on all open sides.

(Ord. No. 550, § 38, 9-8-75)

The total quantity of air (Q) to be exhausted from the low side wall hood shall be determined by the following formulas:

Q = 200 cfm per lineal foot of cooking surface for all equipment except broilers.

Q = 350 cfm per lineal foot of broiling equipment.

Above rates are minimum; manufacturers may specify higher rate.

(Ord. No. 550, § 39, 9-8-75)

The total quantity of air (Q) to be exhausted from a charcoal broiler or barbecue shall be determined by the following formulas:

Charcoal broiler ..... (Q) = 150PD

Barbecue pits ..... Q = 100 WH
(maximum open door area in square feet)

(Ord. No. 550, § 40, 9-8-75)

Total quantity of air (Q) to be exhausted shall be determined by the formula Q = 75 × (L) × (number of doors), or 1000 cfm, whichever is less. (For canopy hoods over pizza oven, V-50 fpm.)

(a)

When ventilating electric pizza ovens, the hood shall be installed only over the front of the oven.

(Ord. NO. 550, § 41, 9-8-75)

For other types of hoods (not canopy or low-side wall), (Q) shall be the quantity which is determined by test to be required to achieve capture velocities on or near the cooking surface and to confine, entrain or remove source contaminants in an effective manner at least equivalent to the results obtained by utilizing a canopy hood designed in accordance with the requirements set forth in the section under "canopy hoods."

(Ord. No. 550, § 42, 9-8-75)

The total quantity of air (Q) to be exhausted from dish washing equipment hoods shall be determined by the following formulas:

(a)

Pantleg hoods: Q = 150 cfm/square foot of door area (150 WH), each end.

(b)

Exhausted vestibules: Q = 150 cfm/square foot of entrance and exit area.

(c)

Canopy hoods: Q = 100P. A minimum of 12 inches overhang at each open end of the machine shall be provided. In addition, a minimum of two feet and maximum of three feet clearance shall be maintained between the bottom of the canopy hood and the top of the dishwasher.

(Ord. No. 550, § 43, 9-8-75)

The following types of equipment will not require special ventilation unless deemed necessary by the health officer:

(a)

Microwave and infrared ovens.

(b)

Low heat-yield grills ("Coney Island" types).

(c)

Warm water chemical sanitization glass washers.

(d)

Dishwashers.

(e)

Manual utensil washing sinks.

(Ord. No. 550, § 44, 9-8-75)

A tempered make-up air system with a potential for a 75 degrees Fahrenheit temperature rise, is required when greater than 1,500 cfm is exhausted and/or when a negative air pressure may result in a reduction of exhaust and/or back-drafting of gas-fired equipment.

(a)

Make-air must all be outside air and equal to 100 percent of the quantity of the air exhausted, with a minimum of 80 percent supplied to the kitchen proper.

(b)

The make-up air is to be introduced into the kitchen area in a manner which will not interfere with the capture characteristics of the exhaust system nor create discomfort to the employees. This air shall be uniformly distributed throughout the kitchen area from louvered inlets.

(c)

Mobile food preparation units shall be so designed, constructed and equipped as to assure a continuous inlet of air sufficient in volume to prevent the development of negative pressure within the unit. Intake or make-up air shall be filtered to minimize dust, dirt and other airborne contaminants.

(Ord. No. 550, § 45, 9-8-75)

Location of OutletVelocity (ft/min.)

Less than 12 feet above the floor ..... 350

More than 12 feet above the floor ..... 500

Higher velocities may be permitted if the terminal velocity at six foot elevation is not more than 50 fpm and there is no interference with the effectiveness of the exhaust system or undue turbulence in the working area. Engineering data, including outlet (jet) velocities and throw, distance from the outlet to point of terminal velocity (50 fpm), for the diffusers proposed shall be submitted as a part of the plans and specifications.

(a)

For all installations that require less than 1,500 cfm exhaust and have gas-fired units present in an adjacent area, an acceptable means to prevent back-drafting must be provided for each unit. If an induced draft fan is provided, it shall be rated at a minimum of one-fourth inch static pressure and have a capacity of eight cfm per 10,000 Btu. This fan must either operate constantly or be interlocked with the exhaust system.

(b)

The air supplied to kitchen and food preparation rooms shall be free from contamination by dust, vapors or gases. Air intakes shall be located not less than 12 feet above grade, and not closer than ten feet from any exhaust outlet or vent. A bird or vermin screen and filter must be provided to prevent ingress of foreign matter.

(c)

Air exhausting devices shall be interlocked with the required make-up air devices so they cannot operate unless the make-up air device is also operating.

(Ord. No. 550, § 46, 9-8-75)

The exhaust discharge must be "vertical upblast". If the canopy discharge is through a short straight piece of duct, a minimum of one-half inch water gauge fan static pressure is needed. For any other type of installation, the static pressure must be calculated.

(a)

The only acceptable fan blades are:

(1)

Backward curve.

(2)

Straight or radical.

(3)

Air foil—Backward curve.

(b)

Each fan housing shall be equipped with a drain hole. If weather protection is desired, it must be of the vertical discharge stack-head design.

(c)

The ventilation system shall be designed so as not to create objectionable noise levels.

(d)

Terminal outlets for discharging the exhausted air to the atmosphere should be so directed and arranged to avoid significant interference with the performance of the device by outside winds, to avoid creating a nuisance and to prevent the discharged air from re-entering the air intake system.

(Ord. No. 550, § 47, 9-8-75)

Exhaust ducts shall be sized to provide a velocity in the ducts of from 1,500 to 2,500 feet per minute.

(a)

If an additional plenum chamber is provided in conjunction with the hood installation, it shall be sized to provide a velocity not greater than one-half the velocity in the duct.

(b)

The design of the duct work shall be for a free flow of air and shall create the least resistance possible for a given installation.

(c)

Multiple take-off ducts are required for all hoods ten feet or more in length. When required, multiple take-off ducts shall be equally spaced, but at no larger interval than eight feet, as measured from the centerline of each duct. On all hoods having multiple take-offs ducts, each duct would have a maximum radius of influence of four feet or less.

(Ord. No. 550, § 48, 9-8-75)

*For hoods of uneven lengths (9', 11', 13', etc.) use number of ducts for next shorter hoods.

(a)

There shall be no turning vanes in exhaust ducts. Cleanouts shall be provided every ten feet in a horizontal exhaust duct.

(Ord. No. 550, § 49, 9-8-75)

All equipment and utensils shall be so designed and of such material and workmanship as to be smooth, easily cleanable, and durable, and shall be in good repair without cracks or crevices. The food-contact surfaces of such equipment and utensils shall, in addition, be easily accessible for cleaning, nontoxic, corrosion-resistant and nonabsorbent. Single-service articles shall be made of nontoxic material.

(Ord. No. 550, § 50, 9-8-75)

Food-service equipment, such as a can opener or other utensil, shall not be mounted on the exterior of a mobile unit unless stopped for business. Such equipment must be designed to be easily detached from their mounting brackets without the use of tools. All such equipment shall be kept clean at all times and protected against contamination while in transit.

(a)

Mobile units having compressor units that are not an integral part of equipment, auxiliary engines, generators, etc., shall be installed in an area that is completely separated from food preparation and food storage and which is accessible from outside the unit for proper cleaning and maintenance.

(b)

All equipment shall be so installed and maintained as to facilitate the cleaning thereof, and all adjacent areas.

(Ord. NO. 550, § 51, 9-8-75)

Equipment in use at the time of adoption of this article, which does not meet fully the provisions of this article, may be continued in use if it is in good repair, capable of being maintained in sanitary condition, and the food-contact surfaces are nontoxic. All equipment installed on or after the effective date of this article for use in the cleansing and bactericidal treatment of food-service utensils and in the preparation, storing, handling or serving of food or drink for consumers shall meet the National Sanitation Foundation's Standards and/or the construction standards of the Banking Industry's Sanitation Standards Committee.

(Ord. No. 550, § 52, 9-8-75)

All eating and drinking utensils shall be thoroughly cleaned and sanitized after each usage. All kitchenware and food-contact surfaces of equipment, exclusive of cooking surfaces of equipment, used in the preparation or serving of good or beverages, and all food-storage utensils, shall be thoroughly cleaned after each use. Cooking surfaces of equipment shall be cleaned at least once a day. All utensils and food-contact surfaces of equipment used in the preparation, service, display or storage of potentially hazardous food shall be thoroughly cleaned and sanitized prior to such use. Nonfood-contact surfaces of the equipment shall be cleaned at such intervals as to keep them in a clean and sanitary condition.

(Ord. No. 550, § 53, 9-8-75)

Utensils and equipment used in a mobile unit must be washed, rinsed and sanitized, as required, in the mobile unit or in the commissary, in equipment for cleaning, rinsing and sanitizing [which] shall be of a size adequate to permit the complete immersion of the equipment and utensils with minimum interior dimensions of 12 inches wide, 12 inches long and ten inches deep. Metal drainboards shall be provided and each drainboard shall be at least as large as the horizontal area of the adjacent sink compartment. Utensils ready for use must be completely protected against contamination.

(Ord. NO. 550, § 54, 9-8-75)

All single-service articles shall be stored, handled and dispensed in a sanitary manner, and shall be used only once.

(a)

Food-service establishments which do not have adequate and affective facilities for cleaning and sanitizing utensils shall use single-service articles.

(b)

Single-service articles shall be used in the serving of all foods and beverages from a mobile unit. Single-service articles for such use shall be stored in their original enclosed packages in a clean, dry area. Such articles shall be handled in a sanitary manner and kept in an enclosed dispenser for customer use. Single-service articles shall be wrapped or dispensed in an approved manner.

(Ord. No. 550, § 55, 9-8-75)

Prior to washing, all equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove gross food particles and soil. Effective concentrations of a suitable detergent shall be used in both manual and mechanical dishwashing. When manual dishwashing is employed, equipment and utensils shall be thoroughly washed in a detergent solution, which is kept reasonably clean, and then shall be rinsed free of such solution. All eating and drinking utensils and, where required, the food-contact surfaces of all other equipment and utensils shall be sanitized by one of the following methods:

(a)

Immersion for at least one-half minute in clean hot water maintained at a temperature of at least 170 degrees Fahrenheit.

(b)

Immersion for a period of at least one minute in a sanitizing solution containing:

(1)

At least 100 ppm of available chlorine but not less than 50 ppm at a temperature not less than 75 degrees Fahrenheit; or

(2)

At least 25 ppm of available iodine in a solution having pH not higher than five and a temperature of not less than 75 degrees Fahrenheit; or

(3)

Any other chemical-sanitizing agent which has been demonstrated to the satisfaction of the health officer to be effective and nontoxic under use conditions, and for which a suitable field test is available in the establishment. Such sanitizing agents, in use solutions, shall provide the equivalent bactericidal effect of a solution containing at least 100 ppm of available chlorine at a temperature not less than 75 degrees Fahrenheit.

(c)

Equipment too large to treat by methods as described above may be treated:

(1)

With live steam from a hose, in the case of equipment in a steam cabinet in which steam can be confined under pressure; or

(2)

By rinsing with or submersion in boiling water; or

(3)

By spraying or swabbing with a chemical sanitizing solution of at least twice the minimum strength required for the particular sanitizing solution when used for immersion sanitization.

(Ord. No. 550, § 56, 9-8-75)

A three-compartment sink with flanking method drainboards shall be provided and used wherever washing and sanitization of equipment or utensils are conducted manually. Provided, establishments where the only utensils to be washed are limited to spatulas, tongs and similar devices, and when the only equipment to be cleaned is stationary and does not require disassembly for proper cleaning, a one-compartment sink any be approved by the health officer for this purpose. At least a two-compartment sink shall be provided and used for washing kitchenware and equipment which does not require sanitization. Single-compartment utility sinks, such as cooks' and bakers' sinks, may be used for the rinsing of utensils.

(a)

Sinks used for manual washing and sanitizing operations shall be of adequate length, width and depth to permit the complete immersion of the equipment and utensils, and each compartment of such sinks shall be supplied with hot and cold running water. Dish baskets shall be of such design as to permit complete immersion of the utensils and equipment components being sanitized therein.

(b)

All food establishments shall provide a janitorial sink for the cleaning of mops, brushes, etc., for the general housekeeping of the premises and not to be used for cleaning or sanitizing utensils or equipment.

(Ord. No. 550, § 57, 9-8-75)

When hot water is used as the sanitizing agent in manual operations, thermometers, accurate to plus or minus two degrees Fahrenheit, shall be provided convenient to the sink to permit frequent checks of the water temperature.

(Ord. No. 550, § 58, 9-8-75)

Dish tables and drainboards, of adequate size for proper handling of soiled utensils prior to washing and for cleaned utensils following rinsing or sanitization, shall be provided, and shall be so constructed and located as not to interfere with the proper use of the dishwashing facilities. Provided, that drainboards shall not be required for cooks' and bakers' rinse sinks.

(a)

Sinks, dish tables, and drainboards shall be constructed of stainless steel or equivalent, suitable reinforced [material], of such gauge and design as to resist denting, warping or buckling, and sloped so as to be self-draining. A quick drain must be provided and properly installed on soiled dish table or soiled dish drainboard.

(Ord. No. 550, § 59, 9-8-75)

Dishwashing machines shall be of such materials and so designed and constructed as to be easily cleanable, and shall be capable, when operated properly, of rendering all surfaces of equipment and utensils clean to sight and touch, and sanitized.

(a)

When spray-type dishwashing machines are used, the following additional requirements shall be met:

(1)

Wash water shall be kept clean, and rinse-water tanks shall be so protected by distance, baffles, or other effective means as to minimize the entry of wash water into the rinse water.

(2)

The flow pressure shall not be less than 15 nor more than 25 pounds per square inch on the water line at the machine, and not less than ten pounds per square inch at the rinse nozzles. A suitable gauge cock shall be provided immediately upstream from the final rinse sprays to permit checking the flow pressure of the final rinse water.

(3)

The wash-water temperature shall be at least 140 degrees Fahrenheit and in single-tank conveyor machines shall be at least 160 degrees Fahrenheit. When hot water is relied upon for sanitization, the final or fresh rinse water shall be at a temperature of at least 180 degrees Fahrenheit at the entrance of the manifold. When a pump rinse is provided, the water shall be at a temperature of at least 170 degrees Fahrenheit, when chemicals are relied upon for sanitization, they shall be of a class or type approved by the health officer, and shall be applied in such concentration and for such a period of time as to provide effective bactericidal treatment of the equipment and utensils.

(4)

Conveyors in dishwashing machines shall be accurately timed to assure proper exposure times in wash and rinse cycles.

(5)

An easily readable thermometer shall be provided in each tank of the dishwashing machine which will indicate to an accuracy of plus or minus two degrees Fahrenheit, the temperature of the water solution therein. In addition, a thermometer of equal accuracy shall be provided which will indicate the temperature of the final rinse water as it enters the manifold.

(6)

Jets, nozzles, and all other parts of each machine shall be maintained free of chemical deposits, debris and other soil. Automatic detergent dispensers, if used, shall be kept in proper operating condition.

(b)

Any other type of machine, device or facilities and procedures may be approved by the health officer for cleaning or sanitizing equipment and utensils, if it can be readily established that such machine, device or facilities and procedures will routinely render equipment and utensils clean to sight and touch, and provide effective bactericidal treatment as demonstrated by an average plate count per utensil surface examined, of not more than 100 colonies using the American Public Health Association standards and methods therefor.

(Ord. No. 550, § 60, 9-8-75)

After cleaning and until use, all food-contact surfaces of equipment and utensils shall be stored and handled so as to be protected from contamination. All single-service articles shall be stored, handled and dispensed in a sanitary manner. Other utensils such as spoons, spatulas and nonmechanical dippers shall be properly cleaned after use. Mechanical scoops used for dispensing frozen desserts when not in use shall be kept in dipper wells with clean running water.

(Ord. No. 550, § 61, 9-8-75)

All food shall be from sources approved or considered satisfactory by the health officer, and shall be clean, wholesome, free from spoilage, free from adulteration and misbranding, and safe for human consumption. No hermetically sealed, nonacid or low-acid food which has been processed in a placed other than a commercial food-processing establishment shall be used. No home-canned foods shall be stored, used or offered for sale on the premises.

(Ord. No. 550, § 62, 9-8-75)

No person shall sell, offer or expose for sale any food or food products which are spoiled, decayed, diseased, rancid, unwholesome, or for any cause unfit for human consumption. Upon the discovery of any food or food products exposed or held for sale within the city which are spoiled, decayed, diseased, rancid, unwholesome, or for any cause unfit for human consumption, the health officer shall give the person in charge of same, notice to at once remove such food or food products from display, storage or sale, or to destroy such food or food products as directed by the health officer. No person shall fail to obey any such order forthwith. Food or food products found in any such premises shall be prima facie evidence of being offered for sale.

(a)

It shall be unlawful to display or expose for sale in open receptacle or broken packages, vegetables, fruits or farm produce unless the same shall be kept not less than 18 inches above the floor. All food and beverages stored or offered for sale shall be kept off the floor and shall be kept within an enclosed building which complies with the provisions of the building code and which has been approved by the health officer.

(Ord. No. 550, § 63, 9-8-75)

All food while being stored, prepared, displayed, served, offered for sale, or transported shall be protected against contamination from dust, flies, rodents or other vermin and any other sources. All perishable food shall be stored, displayed or transported at such temperature as will protect against spoilage.

(Ord. No. 550, § 64, 9-8-75)

All potentially hazardous food shall be maintained at safe temperatures (45 degrees Fahrenheit or below, or 140 degrees Fahrenheit or above), except during necessary periods of preparation and service. Raw fruits and vegetables shall be washed before use. Stuffings, poultry, stuffed meats and poultry, pork and pork products shall be thoroughly cooked before being served. Individual portions of food, once served to a customer, shall not be re-served to another customer. Provided, that wrapped food other than potentially hazardous food, which has not been unwrapped and which is wholesome, may be re-served.

(Ord. No. 550, § 65, 9-8-75)

All vehicles distributing fresh meats from May first to October first of each year shall be equipped with refrigeration. Such refrigeration shall be capable of maintaining a temperature of 45 degrees Fahrenheit or below.

(a)

Meat and meat food products shall not be stored in a vehicle overnight unless proper refrigeration is provided.

(b)

Meat and meat food products shall not be stored in any building or other location other than a licensed food establishment.

(Ord. No. 550, § 66, 9-8-75)

In a mobile unit, all food shall be packaged, covered or enclosed in a suitable cabinet or refrigerator except during preparation or serving. Bulk soups and beverages on mobile packaged food units must be dispensed from urns or other dispensers that provide complete protection during service.

(a)

No food, food containers, wrappers, packaging materials or utensils shall be kept in the driver's compartment of any mobile unit. The driver's compartment shall be separated by a complete partition from the area of food preparation. All doors in this partition shall be tight-fitting and self-closing.

(b)

All food which is obtained prepackaged to be served by a temporary food service establishment, must be served in the unopened, original, individual container. All containers of prepackaged foods must be stored above the floor on clean surfaces. Condiments, such as sugar, mustard and catsup, shall be individually packaged or dispensed from an approved dispenser. Wet storage of packaged foods and beverages is prohibited, except the wet storage of pressurized containers of beverages may be permitted when the top of the container is not submerged, the water contains at least 50 ppm of available chlorine, the ice is from an approved source, and iced water is changed frequently to keep both water and the container clean.

(c)

That handling of foods in temporary food service establishments serving unpackaged food shall be minimized by the use of appropriate utensils, such as scoops, tongs, spoons and forks. All meats for use in hamburger sandwiches shall be obtained in patty-sized form. All pork and poultry must be heated throughout to a minimum internal temperature of 165 degrees Fahrenheit as indicated on a thermometer placed in the center of the thickest portion of the meat or poultry. The preparation of potentially hazardous food such as cream-filled pastries, custards, and similar products; meat, poultry and fish in the form of salads or sandwiches and potato salad shall be prohibited in all temporary food service establishments; also, potentially hazardous ingredients shall not be used in barbecue sauce.

(Ord. No. 550, § 67, 9-8-75)

All packaged foods and beverages shall bear the manufacturer's name and address.

(a)

Each package of food which is to be served from a mobile food-service establishment or temporary food-service establishment shall bear a label clearly indicating the name of the person or organization who prepared and packaged the food, and the location where the preparation and packaging was done.

(Ord. No. 550, § 68, 9-8-75)

Any safe means of maintaining a temperature of 140 degrees Fahrenheit or above may be used including but not limited to hot water, steam, electric or a flame.

(a)

If a liquid is used to maintain a 140 degrees Fahrenheit temperature, then the steam table or other facility in which it is held must be designed to prevent overflow into the food.

(b)

If a drain must be provided for the removal of the liquid, then it must be properly installed with an air gap to prevent a backflow from the sewage.

(c)

A food thermometer accurate to plus or minus two degrees Fahrenheit must be conveniently available to check the temperature of the food.

(Ord. No. 550, § 69, 9-8-75)

Cold foods shall be displayed in or on a refrigerated facility which can reduce and maintain the temperature at 45 degrees Fahrenheit, or below. If prechilled to a temperature of 45 degrees Fahrenheit, or below, when placed on display for service, the food temperature shall at no time during the display exceed 55 degrees Fahrenheit. If ice is used as a means of temperature control for prechilled foods, the following shall apply:

(a)

All foods shall be prechilled before display.

(b)

Ice shall be crushed, shaved or cubed to an approximate size of three-quarters inch or less and shall be from an approved source and clean.

(c)

Food containers shall be constructed of a material providing suitable thermal conduction and must meet the National Sanitation Foundation standards or equivalent for construction.

(d)

Food shall be limited to shallow food containers with a maximum depth of six inches and at no time, shall the food level be above the ice level.

(e)

A drain must be provided in the ice storage unit for the removal of melted ice water. The drain shall remain open at all times.

(f)

Drains from the ice storage units must be installed with an air gap to prevent backflow of sewage into the unit.

(Ord. No. 550, § 70, 9-8-75)

All potentially hazardous or readily perishable food must be held to a volume acceptable to the health officer. Food which has lost its freshness shall be removed from display and discarded. Foods shall be displayed and arranged in such a manner that reaching over the food by the patrons will be minimized.

(a)

Those operations which permit second servings must provide clean dishes for the second and successive helpings and provide prominent notice of the same.

(b)

All dispensing utensils shall be of a sufficient length to extend over the rim of the containers so as to prevent them from falling into the food.

(c)

When unwrapped food is placed on display, it shall be protected against contamination by customers and other sources by effective, easily cleanable, counter-protection devices, cabinets, display cases, or other types of protective equipment. Self-service openings and counter guards shall be so designed and arranged as to protect the food.

(Ord. No. 550, § 71, 9-8-75)

Potable ice, or ice which is to be consumed in beverages, is a food product and shall be protected against contamination with the same regard for sanitation as water or other food products. Ice used for any purpose shall be made from water which comes from an approved source, and shall be used only if it has been manufactured, stored, transported and handled in a sanitary manner.

(Ord. No. 550, § 72, 9-8-75)

New installations of cold plates in ice storage bins of ice machines or other bins containing potable ice will be permitted. All new cold-plate installation must be of one of the following types:

(a)

The cold plate shall be an integral part of the floor of the bin and all exposed tubing and connections shall be outside of the product contact area. The floor of the bin shall be smooth and easily cleanable with all internal angles or corners coved.

(b)

The cold plate may be installed in a bin so designed that the ice is inaccessible for use in beverages and is used solely for the purpose of cooling the cold plate.

(Ord. No. 550, § 73, 9-8-75)

Existing installations prior to May 1, 1975, will continue to be permitted, provided:

(a)

An ice bin constructed of stainless steel or other approved material, of slightly smaller dimensions than the existing bin, is inserted within the existing bin in which the cold plate is installed;

(b)

The inner potable ice bin is to be in use continuously;

(c)

The inner potable ice bin is removed daily and washed, rinsed and sanitized.

(Ord. No. 550, § 74, 9-8-75)

The inner potable ice bin may be drained into the existing outer bin. The drain from the outer bin must be protected against backflow of sewage.

(Ord. No. 550, § 75, 9-8-75)

Water taps or beverage dispensers shall not be installed directly above potable ice bins. All existing water taps or beverage dispensers located above potable ice bins prior to May 1, 1975, are to be relocated or provided with an effective drip tray with a drain to waste.

(a)

Bins of potable ice must be adequately protected. The type of protective device shall be designed so that it cannot be altered to limit the amount of protection. Hinged covers which stand open are not permitted.

(Ord. No. 550, § 76, 9-8-75)

Carbonators shall not be installed within the ice storage bins of ice machines or other bins containing potable ice and all existing installations of this type shall be removed by May 1, 1976.

(Ord. No. 550, § 77, 9-8-75)

No food vendor shall use or carry about any scale or measure, or have in his possession any scale or measure, not sealed by the chief of police or such other officer as may be designated by the city council to act as city sealer.

(Ord. No. 550, § 78, 9-8-75)

No food vendor shall sell or offer for sale, any food or beverage purporting to be in quantities of standard weight or measure, whether in original or other packages or not, unless the same shall actually be of the weight of measure purported.

(Ord. No. 550, § 79, 9-8-75)

No food vendor shall obstruct any street, alley, sidewalk or driveway except as may be necessary and reasonable to consummate a sale; nor [shall said vendor] remain, barter, sell, offer or expose for sale, any food or beverage in front of, or at the side of, any property against the wish or desire of the property owner or the tenant or occupant of such property, nor within 1,000 feet of the entrance to any school building between the hours of 8:00 a.m. and 5:00 p.m., on the days when school is in session, nor on those portions of streets on which a public park abuts. No food vendor shall stop his vehicle for the purpose of consummating a sale within 50 feet of any street intersection in the city. No food vendor shall sell any food or beverage upon or within any public park unless a concession has been granted therefor by the city council pursuant to an agreement entered into between the city council and the vendor.

(Ord. No. 550, § 80, 9-8-75)

Effective measures shall be taken to protect against the entrance into any food establishment of flies, insects, rodents or other vermin. Only approved insecticides shall be used and then in a manner which will not contaminate food or food service equipment.

(Ord. No. 550, § 81, 9-8-75)

Samples of food, beverages and other substances may be taken and examined by the health officer as often as may be necessary for the detection of unwholesomeness, contamination or adulteration. It shall be the duty of the health officer to seize, condemn, or exclude from sale, delivery or distribution in the City of Madison Heights any spoiled, contaminated or adulterated food or any food, which in the opinion of the health officer, is unfit for human consumption. It shall further be the duty of the health officer to cause to be destroyed, to denature or remove from sale, all food condemned as being unfit for human consumption and issue a statement to the person in charge of such food establishment stating the reasons therefor.

(Ord. No. 550, § 82, 9-8-75)

The power to enforce the provisions of this article shall be, and the same is, hereby vested in the health officer of the Oakland County Health Department and it shall be the duty of such person to visit and inspect at least once every six months each food service establishment and at frequent intervals every other place where food and beverages intended for consumption by human beings are manufactured, kept, stored, prepared or offered for sale or other disposition.

(Ord. No. 550, § 83, 9-8-75)

The health officer shall prepare a written report on the inspection of each food establishment, a copy of said report shall be given to the owner or person in charge of such establishment. The report will enumerate in a clear, understandable manner, the nature and extent of the violations or noncompliance conditions. Existing establishments may be given a reasonable length of time in which to comply with all violations which do not require immediate action, but in no case to extend beyond 30 days. In the event of a change in ownership or in case of new establishments constructed after the effective date of this article, compliance will be required with all sections of this article pertinent and relating to the nature of such proposed food-handling services. Failure to comply with the corrections and/or improvements as listed on the inspection report within a reasonable period of time or as specified with result in an ordinance violation notice being issued to the offender for the violation of these regulatory sections.

(Ord. No. 550, § 84, 9-8-75)

The health officer and/or any police officer shall have authority to seize any wagon, truck, trailer, mobile unit, or other vehicle or conveyance used in the sale, distribution, transportation or delivery of food at retail or wholesale in the city for the violation of any section of this article until such violation is corrected. The city or its authorized representatives shall not be liable for any spoilage of food products in such vehicles or any damage or loss sustained as a result of the seizure and impounding.

(Ord. No. 550, § 85, 9-8-75)

The health officer shall have authority at reasonable times to enter any building, room, basement or vehicle, which appears occupied or used for purposes which give reasonable cause to believe is being used for the production, preparation, storage, sale or distribution of food or beverages, or for the purpose of inspecting the premises and the utensils and equipment used therein. If, upon inspection, any food producing or distributing establishment, employee, employer, clerk, driver, food vendor, or other person is found to be violating any provisions of this article, or if the production, preparation, manufacturing, packing, storing, sale, distribution or transportation of any food products is being conducted in a manner detrimental to the health of the employees and operatives or injurious to the quality of such food therein being produced, manufactured, packed, stored, sold or distributed, the health officer making such examination or inspection shall thereupon issue an order to a person or persons in authority or in charge of such place or premises directing that the conditions be remedied within such reasonable time as is deemed proper. If such person fails to make such improvements as directed by such order within the time limit as given, it shall be the duty of the health officer to institute proceedings against the person or persons for the violations of this article. Provided, that should the insanitary or hazardous condition warrant such action, the establishment shall be immediately closed by the health officer making the inspection. The person or persons in charge of the establishment shall be notified in writing at the time of the inspection, stating the reasons for closing the premises. A continuance to operate after receiving such a notice shall constitute a violation of this article. Each day of continued operation shall be deemed a separate offense.

(Ord. No. 550, § 86, 9-8-75)

Any person licensed under any provision of this article whose business or establishment has been closed or suspended from doing business for cause by the health officer on more than two occasions during the licensing year may be subject to the revocation of such license on recommendation of the health officer.

(Ord. No. 550, § 87, 9-8-75)

Pursuant to Act 269 of the Public Acts of 1968, the health officer may make such detailed interpretations and applicants of the sections of this article as are reasonable and consistent which will facilitate effectively the intent of this article and its several sections. The Food Service Sanitation Manual, 1962 Edition, of the United States Department of Health, Education and Welfare, Public Health Service, shall be used as a guide for interpretation. These interpretations will be kept on file with the Oakland County Health Department and a copy shall be on file in the city clerk's office.

(Ord. No. 550, § 88, 9-8-75)

Any person violating any of the provisions of this article shall, upon conviction therefor, be fined not less than $25.00, nor more than $500.00 for each such conviction, together with costs, as determined by the court, and/or shall be imprisoned for a period not to exceed 90 days for each offense, or by both such fine and imprisonment, at the discretion of the court.

(Ord. No. 550, § 89, 9-8-75)

The following words and phrases when used in this article shall have the meanings respectively ascribed to them:

Adulterated food means food which:

(1)

Bears or contains any poisonous or deleterious substance which may be injurious to health;

(2)

Bears or contains any added poisonous or deleterious substance for which no sale tolerance has been established by regulation, or in excess of such tolerance if one has been established;

(3)

Consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for human consumption;

(4)

Has been prepared, packed or stored under unsanitary conditions where it has become contaminated with filth, or rendered injurious to health; or

(5)

Where the container is compiled in whole or in part of a poisonous or deleterious substance which may render the contents injurious to health.

Approved shall mean approved by the health officer.

Bulk foods shall mean any food, drink or ingredient which comes in direct contact with any surface of the vending machine, appurtenances or containers.

Commissary shall mean any place where food, beverages, ingredients, containers or supplies are handled, prepared, packaged or stored, and directly from which vending machines are serviced.

Employee shall mean any operator or any person employed by him who handles any food, beverage or ingredient to be dispensed through vending machines, or who comes into contact with food or surfaces of containers, equipment, utensils or packaging materials, used in connection with vending machine operations, or who otherwise services or maintains one or more such machines.

Food shall mean any raw, cooked or processed edible substance, beverage or ingredient used or intended for use in whole or in part, for human consumption, including all forms of confectionery and candy products.

Food and beverage vending machine shall mean any self-service device offered for public use which, upon insertion of a coin, coins or tokens, or by other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation.

Food handler means a person engaged in the direct handling or processing of food or drink or the utensils in which they are prepared or stored in the establishment licensed under this article, and the nature of whose work shall be declared by the health officer as involving definite danger of infectious contamination.

Hot liquid food or beverage shall mean liquid food or beverage, the temperature of which at the time of service to the consumer is at least 150 degrees Fahrenheit.

Machine location shall mean the room enclosure, space or area where one or more vending machines are installed and operated.

Misbranding shall mean the use of any written, printed or graphic matter upon or accompanying products or containers dispensed from vending machines, including signs or placards displayed in relation to such products so dispensed, which is false or misleading, or which violates any applicable local, state or federal labeling requirements.

Operator shall be construed to mean any person who owns the legal title to, or who is the lessee of or who is purchasing a food and beverage vending machine upon a title retaining or conditional sales contract, or who places the same in an establishment, and who by contract, agreement or otherwise, takes responsibility for furnishing, installing, servicing, operating or maintaining one or more vending machines, but shall not include the owner or proprietor of any establishment in which the same shall be placed for operation.

Owner or proprietor shall be construed to mean the person conducting the establishment in which a food and beverage vending machine is placed for operation.

Packaged foods shall mean any food or drink in the original container or packaged in an approved sanitary manner.

Person shall mean and include natural persons, firms, copartnerships, corporations and all associations of natural persons, incorporated whether acting by themselves or by a servant, agent or employee.

Product contact surface shall mean any surface of the vending machine, appurtenances or containers which comes into direct contact with any food, beverage or ingredient.

Readily perishable foods shall mean any food or beverage or ingredients consisting in whole or in part of milk, milk products, eggs, meat, fish, poultry or other food capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication. However, products in hermetically sealed containers processed by heat to prevent spoilage, and dehydrated, dry or powdered products so low in moisture content as to preclude development of microorganisms are excluded from the terms of this definition.

Single-service article shall mean any utensil, container, implement or wrapper intended for use only once in the preparation, storage, display, service or consumption of food or beverage.

Warehouse shall mean any place where food, ingredients, containers and supplies are kept or stored in the original carton, case or wrapping and directly from which vending machines dispensing packaged foods may be serviced.

(Code 1958, § 3-251; Ord. No. 253, § 1, 2-22-65)

All licensees under this article and commissaries shall comply with all the rules and regulations governing food establishments where not inconsistent with the requirements of this article.

No person shall engage in the business of the operation of food and beverage vending machines without first having obtained an operator's license from the city council and complying with the provisions of this chapter.

(Code 1958, § 3-252; Ord. No. 253, § 1, 2-22-65)

No food and beverage vending machines shall be placed for operation for gain or profit, in any machine location, commercial or other places in the city, without having first obtained an owner's or proprietor's license from the city council and complying with the provisions of this chapter.

(Code 1958, § 3-253; Ord. No. 253, § 1, 2-22-65)

(a)

The operator shall maintain a list of all vending machines operated by him and their location, and of all commissaries or other establishments from which the machines are serviced, which said list shall be filed by him at the time of filing his application for a license.

(b)

If replacements or additional machines are placed in the city, the city clerk shall be immediately furnished with said list. This information shall be available to the health department upon request. Provided further, the operator shall notify the city clerk of any change in operations, involving new types of vending machines, or conversions of existing machines to dispense products other than those for which the license was issued.

(Code 1958, § 3-258; Ord. No. 253, § 1, 2-22-65)

Each vending machine, or bank of machines operated by a licensee under this article, shall display in a conspicuous place thereon, a suitable identification mark of a minimum size of two inches by three and one-half inches or a maximum size of three inches by four inches bearing the name (including assumed name or corporate name, if registered), and address of the operator thereof. In addition to the above identification there shall be displayed for each machine evidence that a current license has been obtained.

(Code 1958, § 3-258; Ord. No. 253, § 1, 2-22-65)

Operators dispensing prepackaged food items exclusively shall not be required to maintain a commissary or warehouse provided that such food items are secured from a source approved by the health officer and are transported directly from such source to machine locations.

(Code 1958, § 3-262; Ord. No. 253, § 1, 2-22-65)

Foods, beverages and ingredients intended for sale through vending machines shall be obtained from sources complying with the regulations of the city, and with other applicable state and federal laws and regulations, however in no instance shall they be manufactured or prepared in a private home or an unlicensed establishment. Such products shall be clean and wholesome, free from spoilage, and shall be processed, prepared, handled and stored in such a manner as to be protected against contamination and adulteration.

(Code 1958, §§ 3-257, 3-261; Ord. No. 253, § 1, 2-22-65)

Readily perishable foods and beverages shall be maintained at a temperature not higher than 45 degrees Fahrenheit, or not lower than 150 degrees Fahrenheit, including the period while in transit to machine locations.

(Code 1958, § 3-261; Ord. No. 253, § 1, 2-22-65)

All product contact surfaces of containers and equipment shall be protected from contamination.

(Code 1958, § 3-261; Ord. No. 253, § 1, 2-22-65)

The machine location shall be such as to minimize the potential for contamination of the product, shall be easily cleanable, and shall be kept clean.

(Code 1958, § 3-261; Ord. No. 253, § 1, 2-22-65)

(a)

The exterior construction of the vending machine shall be as to facilitate cleaning and to minimize the entrance of insects and rodents, and the exterior of the machine shall be kept clean. Service connections shall be such as to protect against unintentional or accidental interruption of service to the machine.

(b)

All interior surfaces and component parts of the vending machine shall be so designed and constructed as to permit easy cleaning, and shall be kept clean.

(Code 1958, § 3-261; Ord. No. 230, § 1, 2-22-65)

Any vending machine which does not meet the minimum standards set forth in this division shall not be used for vending food or beverages, and shall be conspicuously tagged to show that it is unfit for use and removal of said tag by anyone shall be a violation of this division.

(Code 1958, § 3-261; Ord. No. 253, § 1, 2-22-65)

Foods, beverages and ingredients from commissaries outside the jurisdiction of the health department may be sold within the city if such commissaries conform to the provisions of this article, or to the substantially equivalent provisions. To determine the extent of compliance with such provisions, the health department may accept reports from the responsible authority in the jurisdiction where the commissaries or warehouses are located.

(Code 1958, § 3-261; Ord. No. 253, § 1, 2-22-65)

Commissary walls, ceilings and partitions must be of material that will make a tight, smooth surface, easily cleaned, and glazed or painted with light color oil paints.

(Code 1958, § 3-262; Ord. No. 253, § 1, 2-22-65)

Commissaries must provide a mechanical dishwasher or a two compartment metal sink with metal or approved drainboards for the purpose of sanitizing utensils and equipment.

(Code 1958, § 3-262; Ord. No. 253, § 1, 2-22-65)

An adequate supply of running hot water at a temperature of 170 degrees Fahrenheit shall be piped to all sinks. Where a storage tank is used the minimum capacity shall be 30 gallons.

(Code 1958, § 3-262; Ord. No. 253, § 1, 2-22-65)

Mechanical ventilation shall be provided for all commissaries where food is manufactured, prepared or processed, having sufficient capacity to maintain a reasonable working temperature and remove objectionable odors, vapors and humidity. The rate of air change shall depend on the nature of the operation, but in no case shall be less than ten air changes per hour.

(Code 1958, § 3-262; Ord. No. 253, § 1, 2-22-65)

All gas ovens, ranges and water heaters must be equipped with fume pipes extended out of the building of any commissary.

(Code 1958, § 3-262; Ord. No. 253, § 1, 2-22-65)

All work tables and benches in commissaries must be of a tight, smooth material, free from cracks and easily cleaned.

(Code 1958, § 3-262; Ord. No. 253, § 1, 2-22-65)

Adequate lockers must be provided for all employees of commissaries.

(Code 1958, § 3-262; Ord. No. 253, § 1, 2-22-65)