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85-H-3 HEALTH DEPT ORDINANCE NO. $?5'.....)j-:3 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS CREATING THE DEPARTMENT OF HEALTH FOR THE CITY OF SCHERTZ AND DEFINING THE POWERS AND DUTIES THEREOF WHEREAS, professional health education assistance will benefit the community; and WHEREAS, health protection activities are increasingly becoming basic requirements of community improvement; and WHEREAS, the services of a consulting Sanitarian provides that needed professional assistance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS: SECTION I - OFFICE OF HEALTH OFFICER A. THAT there is hereby established the office of City Health Officer for the City of Schertz, Texas, who shall be appointed by the Mayor and confirmed by the City Council. The appointee shall be a qualified practicing physician who shall hold that office at the discretion of the City Council, and shall serve for a term of one year from the date of appointment or until a successor has been appointed and qualified, unless sooner removed for cause by the City Council. B. The Health Officer shall enforce all laws and ordinances in the City relating to the protection of public health, including all prov~s~ons regarding the care of communicable diseases, the existence of nuisances endangering the health, the care and handling of food and all other matters pertaining to the public health. C. The Health Officer shall make or cause to be made all inspections required by law or odinances to be made by the Health Department of Health Inspector. SECTION II - APPOINTMENT OF HEALTH INSPECTOR. A. The Health Representative and Inspector shall be appointed by the Mayor and confirmed by the City Council. B. The fees, salary or both, of the Health Department shall be determined by the City Manager and approved by Council action. SECTION III - POWERS AND AUTHORITY OF HEALTH OFFICER The City Health Officer shall give attention to the general health and sanitary condition of the City and report to the City Council once each month, making such recommendations as necessary or conducive to the cleanliness of the city and the general health of the citizens. The Health Officer shall have power, subject to all existing ordinances and laws, to take such measures as may be deemed effectual to prevent the entrance or spread of any contagious or infectious diseases. For that purpose, The Health Officer may stop, detain, examine and quarantine, any person, baggage and effects infected or believed to be infected and take such other measures and precautions as deemed necessary, subject to the order of the City Council. A. The Health Officer is authorized and has the duty to enter all houses or other places, at all times in the discharge of official duties, and in times of a prevalence of any infectious, pestilential or contagious disease. B. The Health Officer shall have the power and has the duty to visit any sick person in the City, no matter by what other physician attended, with a view to ascertaining whether such patient is infected with a contagious disease. C. It shall be the duty of the Health Officer to examine all property, apparel and baggage of any person suspected to be sick of any contagious or infectious disease, or that may be suspected of having been exposed thereto. If a contagious disease is determined to exist The Health Officer shall take charge of the property so examined. D. The Health Officer shall have full power and authority and has the duty to quarantine any house which may contain a person sick with pestilential, infectious or contagious disease. The Health Officer may prevent ingress and egress thereof and for that purpose may place an officer in charge or take any other measure that may tend to obtain the desired result. E. It shall be unlawful for any person to interfere,hinder, or delay the Health Officer,their deputies, inspectors or officers, in the discharge of any duties under this chapter or to refuse to comply with the orders of the Health Officer. F. The Health Officer and other regularly appointed employees shall have power, whenever in their opinion a nuisance detrimental to health exists, to cause the same to be abated or removed. 2 G. The Health Officer or designated representative shall have the right and power to cause the arrest of any person who may violate any ordinance or general law relating to the maintenance of the public health and sanitation of the City. SECTION IV - FOOD ESTABLISHMENTS A. Definitions - As used in this section, the following terms shall have the meanings respectively ascribed to them: (1) Beverage establishment: Any place or establishment occupied, used or maintained for the purpose of selling, offering for sale, exposing for sale, or keeping with the intention of selling or manufacturing for sale, any beverage for human consumption, and shall include every room used for the purpose of any such business in the keeping, storing, manufacturing, preparing, handling, distributing, selling, serving, or offering for sale any beverage or any liquid intended for human consumption, and all places and premises connected with any such room. (2) Employee: Any person who handles food or drink during the preparation or serving of such food or drink, or who comes in contact with any eating or cooking utensils or who is employed at any time in that portion of a place where food or drink is prepared or served, or handled in other than sealed containers. (3) Food establishment: Any place or establishment occupied, used or maintained for the purpose of selling, offering for sale, exposing for sale, or keeping with the intention of selling or manufacturing for sale, any food products, such as meat markets, butcher shops, fish markets, bakeries, confectioneries, ice cream factories, places for handling, preparation or sale of dairy products or canned or prepared foodstuffs, grocery stores, fruit markets, vegetable markets, vegetable and fruit vendors peddling by wagon or other wise, bottling works, vinegar or pickle factories, breweries and all similar businesses handling or having to do with foodstuffs, and shall include every room used for the purpose of any such business in the keeping, storing, manufacturing, preparing, handling, distr ibuting, selling, serving, or offer ing for sale any food products as herein defined, whether raw, cooked or otherwise prepared, or any liquid intended as a food or drink for human beings, and all places and premises connected with any such room. (4) Food or beverage handler: Any person, including any cook, cook's helper, waiter, waitress, diswasher, bartender, barmaid, busboy or other person, whether or not the owner employs or pays any compensation to such person to perform such activity, who engages in the delivery, storing, preparation, dispensing, or serving of food or beverages, as defined herein, for human consumption; or, who engages in the handling, use, cleaning or 3 preparation for use of any pots, pans, grills, skillets, plates, trays, eating utensils, or similar wares in, on or with which such food or beverage is prepared, dispensed or served. (5) Health Officer: authorized representative. the City Health Officer or his (6) Itinerant food establishment: Any eating or drinking establishment or vehicle carrying any such establishment either operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering, or such eating or drinking establishment, either large or small, operating from place to place as horse-drawn, motor-operated, or hand-pushed conveyance, and shall also include samples, gifts or sold items either in hand or some container, and not in adequately sealed bottles or other packages, if for immediate consumption. (7) Permit: A license to operate issued the the City for a stated fee. cutlery, or drink (8) Utensils: Any kitchenware, tableware, glassware, containers, utensil, or other equipment with which food comes in contact during storage, preparation or serving. B. Enforcement interpretation. (a) This section shall be enforced by the Health Officer in accordance with the interpretations contained herein which follow in all pertinent respects the provisions and interpretations contained in the 1965 edition of the United States Public Health Code Regulating Eating and Drinking Establishments. (b) All fees payable under this article, for whatever purpose require, shall be paid to the City Secretary for the benefit of the general fund of the City. SECTION V - FOOD AND BEVERAGE ESTABLISHMENTS WHICH MAY OPERATE. No food establishment shall operate with~the City or its police jurisdiction, unless it conforms with the provisions and requirements of this article; provided further, when any food establishment or itinerant food establishment fails to meet the requirements and provisions of this article, the Health Officer is authorized to suspend or revoke the permit of this establishment. SECTION VI - PERMITS-REQUIRED, ETC. A. Required, posting, transfer: 4 It shall be unlawful for any person to operate a food and beverage establishment or itinerant food and beverage establishment in the City without a valid food establishment permit from the Health Officer. Such permit shall be posted in a conspicuous place. Such permit shall not be transferable from either one establishment to another establishment at a different location or from one person to another person who may subsequently own a certain establishment. A person conducting an itinerant restaurant shall also be required to secure a food establishment permit before he shall be allowed to operate. B. Suspension, revocation: All such permits may be suspended or revoked by the Health Officer upon the violation by the holder of any of the terms of this article, following which, unless corrections are immediately made, action may be instituted in the name of the City in any court of competent jurisdiction to obtain a restraining order or permanent injunction preventing such person from operating unless immediate compliance with the provisions of this article is obtained. Revocation of a permit is accomplished by the removal of the permit from the establishment by the Health Officer and issuing an inspection report to the establishment which states the reasons for the revocation. If the Health Officer fails to remove the permit for any cause whatsoever, the revocation is still affected by the issuance of the statement on the inspection sheet, copy of which is left at the establishment to the effect that the permit has been revoked. Following issuance of any restraining order or injunction, reapplication for permit may be made at any time, which permit shall be granted upon full compliance of such person with the provisions of this ordinance. In all such cases inVOlving the possible suspension or revocation of a permit, reasonable effort shall be made by the Health Officer to secure compliance with the provisions of this section prior to the suspension or revocation of operation permit of the offending person. C. Renewal: Such permits for operation of food and beverage establishments must be renewed annually and will become due and payable the first of October of each year. Such permits may be obtained during the month of September just prior to the date of expiration or they may be secured during a thirty (30) day period of grace, i.e., during the month of October just following the date of expiration. All permits must be obtained during the sixty (60) day period. D. Pre Opening Inspection: Prior to opening for each new establishment will be inspected to insure all ordinances are complied with, and a current permit issued. business, codes and has been 5 E. Fees: License fee for permits to operate shall be graduated as follows: Minimum fee for establishments in which one to five (5) persons are employed; operated by six (6) to ten (IO) persons, operated by eleven (II) to twenty-five (25);twenty-six (26) to fifty (50) persons; and fifty-one or more persons, as prescribed in Appendix A . If at any time during the period of validity of any such permit additional persons are employed by the establishment operating under such permit, it shall be the duty of the person in charge of such establishment to immediately nofify the Health Department of such increase and if such increase brings that establishment into a higher permit fee bracket, he shall pay to the City Secretary the additional sum required. This charge shall be prorated according to the month in which the charge occur red as set forth in the charges for permit fees for new establishments in the next statement. All new establishments shall pay permit fees as shown in this section with the provision that the amount in each case shall be prorated according to the month wherein such establishment began operations, i.e., those establishments commencing operations during the calendar months of October, November, December, January, February and March shall pay the full charge; and those establishments commencing operations during the calendar months of April, May, June, July, August and September shall pay one- half of the stated charge. A "new" eating or drinking establishment shall be one which is newly erected or constructed at a given location or it may be such an establishment newly organized or started at an old location which will also include establishments remodeled from other construction. Any change in ownership will be considered a new establishment. F. Reinstatement. Any food and beverage establishment, the permit of which has been suspended, may at any time make application for the reinstatement of the permit. Within one week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provisions of this article have been conformed with, the Health Officer shall make a reinspection, and thereafter as many additional reinspections as may be deemed necessary to assure that the applicant is again complying with the requirements; and, in case the findings indicate compliance, shall reinstate the permit. SECTION VII - EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR QUESTIONABLE FOOD OR DRINK. 6 A. Samples of food, drink and other substances shall be taken and examined by the Health Officer as often as necessary for the detection of unwholesomeness and deleterious qualities. The Health Officer may condemn and forbid the sale of or cause to be removed or destroyed, any food or drink which is unwholesome or deleterious according to the procedure outlined in this section. B. Any food which appears to the Health Officer to be of a questionable character from the standpoint of wholesomeness or possible deleterious quality may be held for further examination by the Health Officer by attaching thereto a "City of Schertz Retained" tag. Foodstuffs so retained may not be removed or disturbed without permission of the Health Officer. The Health Officer shall promptly proceed by examination, laboratory or otherwise, to determine the wholesomeness of such food. As soon as such wholesomeness has been determined, such food must be immediately released. If, however, such food is found to be unwholesome, or deleterious, the Health Officer must promptly condemn such food as herein stated, and shall file petition in a court of competent jurisdiction for injunction to restrain the owner from selling such condemned food and to obtain order for destruction of such unwholesome or deleterious food or drink. SECTION VIII. INSPECTION OF FOOD AND BEVERAGE ESTABLISHMENTS. A. As often as necessary for the proper enforcement of the provisions of this article, the Health Officer or Inspector shall inspect every food and beverage establishment, and itinerant food and beverage establishment, as defined by this article, that is located within the City. In case of violation of any items of sanitation brought to the attention of the Health Officer, the Health Officer shall so advise the person in charge of this food and beverage establishment or itinerant food and beverage establishment. The Health Officer shall make a second inspection after a lapse of such time as is deemed suff icient for the violation to be corrected, and the second inspection shall be used in determining compliance with the requirements of this article. Any violation of the same provision of this article on such second inspection shall call for immediate suspension of permit. B. One copy of the inspection report shall be posted by the Health Off icer upon an inside wall of the premises and said inspection report shall not be defaced or removed by any person except the Health Officer. Another copy of the inspection report shall be filed with the records of the Health Department. C. The person operating the food and beverage establishment shall upon request of the Health Officer permit access and inspection of all parts of the establishment, including any containers or closets found therein, and shall permit the copying of any or all records of food purchased. 7 SECTION IX - SANITATION REQUIREMENTS FOR FOOD AND BEVERAGE ESTABLISHMENTS - GENERALLY. All food and beverage establishments shall comply with all of the following items of sanitation: 1. Floors: The floors of all rooms in which food or drink is stored, displayed, prepared or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair. Floors may be of concrete, terrazzo, tile, etc., or wood covered with linoleum, or tight wood. Wooden floors containing cracks, holes or broken or poorly fitting planks, or which otherwise fail to be tight, do not comply with this item. If floor drains are used, they shall be covered, provided with proper traps and so constructed as to minimize clogging, and the floor shall be sloped to drain. All floors are to be kept clean and free from litter during the hours of preparing, cooking and serving. Dust-arresting methods of floor cleaning shall be used, or dust-arresting compounds and push-brooms employed; and all except emergency floor cleaning shall be done during those periods when the least amount of food and drink is exposed, such as after closing or between meals. 2. Walls and ceilings: Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall be a smooth, washable surface up to the level reached by splash or spray. 3. Doors and windows: When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies. Window and door screens must be tight-fitting and free of holes. This includes the screens for skylights and transoms. 4. Lighting: All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. Artificial light sources shall be provided which furnish ten (10) footcandles or more on all working surfaces in rooms in which food or drink is prepared or in which utensils are washed, as measured by a suitable light meter, and shall be in use except when equivalent natural light is present. This intensity of lighting does not apply to the dining room. Storage rooms shall be considered to be sufficiently well lighted if approximately 8 four (4) footcandles are provided at a distance of thirty (30) inches from the floor. 5. Ventilation: All rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be well ventilated. 6. Toilet facilities: Every food and beverage establishment shall have adequate separate male and female toilet facilities conveniently located for its employees. In food and beverage establishments hereafter constructed, toilet rooms shall not open directly into any room in which food, drink, or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair, and well-lighted and ventilated. Hand-washing signs shall be posted in each toilet room used used by employees. All plumbing must comply with the City plumbing code. In food establishments hereafter constructed, there shall be an intervening room or vestibule between any toilet room and any room in which food or drink is prepared, served, or stored or in which utensils are handled or stored. The intervening room or vestibule shall be equipped with tight-fitting, self-closing doors, and shall be of such dimensions as to prevent both doors from being opened simultaneously by the same person. The toilet room shall be kept free from flies. A booth open at the top and bottom shall not qualify as a toilet room. 7. Water Supply: Hot and cold running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate, and of a safe, sanitary quality. 8. Lavatory facilities: Adequate and convenient hand- washing facilities shall be provided, including hot and cold running water under pressure, soap, and approved (NSF or equivalent) sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands. utensil-washing vats shall not be accepted as washing facilities for personnel. Hot water must be on hand at all times from faucets. provision shall be made through the use of mixing faucts or other devices to prevent scalding of hands of those using a lavatory. 9. Construction of utensils and equipment: All multi-use utensils and all show and display cases or windows, counters, shelves, dishes, tables refrigerating equipment, sinks and other equipment or utensils used in connection with the handling of food shall be so constructed as to be easily cleaned and shall be kept in good repair. utensils containing or plated with cadmium or lead shall not be used; provided that solder containing lead may be used for jointing. 9 All surfaces with which food or drink comes in contact are to be in good repair, free or breaks, corrosion, open seams, cracks, and chipped places. This requirement precludes the use of any type of equipment so designed as to permit food or drink routinely to come in contact with v-type threaded surfaces. In all cases where a rotating shaft is inserted through a surface with which food or drink comes in contact, the inspector shall assure himself that the joint between the moving and stationary surfaces is close fitting. All display cases, windows, counters, shelves, tables, refrigeration equipment, stoves, hoods, mixers, meat grinders and other equipment are to be so constructed as to be easily cleaned, and are to be in good repair. Shelves used for storage shall be six (6) inches up from the floor when enclosed or eighteen (18) inches up from the floor when uncovered. 10. Cleaning and bactericidal of utensils and equipment: All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating mater ial. All cloths used by waiters, chefs, and other employees shall be clean. Single-service containers shall be used only once. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article, polish, or other substance containing any cyanide preparation or other preparation or other poisonous material shall be used for the cleaning or polishing of utensils. The cleaning shall be accomplished by the use of warm water containing an adequate amount of an effective soap or detergent to remove grease and solids. The soapy wash water shall be changed at sufficiently frequent intervals to keep it reasonably clean; and after cleaning, all such utensils shall be effectively subjected to one or more of the following bactericidal processes (or such other process as may later be approved by state law). The provisions listed herewith shall not be construed as eliminating from use dishwashing machines approved by the City Health Officer. 10 a. Immersion for at least three (3) minutes in clean, hot water at a temperature of at least 170 degrees F. or at least two (2) minutes at a temperature of 180 degrees F. or for one-half minute in boiling water. An approved thermometer shall be available convenient to the vat at all times. The pouring of scalding water over washed utensils shall not be accepted as satisfactory compliance. For this method of bacter icedal treatment, three (3) adj acent deep vats shall be provided and fitted with a porcelain, metal or other impervious drainboard. Metals like zinc which mark the chinaware should be avoided for surfacing of drainboards or table top on which dishes are stored. Where hot water is used for bactericidal treatment, there shall be provided water-heating apparata (preferably controlled by a thermostat) capable of maintaining a water temperature of at least 170 degrees F., in the vat at all times when utensils are being washed and given bactericidal treatment. The heating device may be integral with the immersion vat. Care shall be taken in the bactericidal treatment of containers by immersion in hot water or chlorine rinse to prevent the trapping of air in the container, thus preventing contact with the entire surfaceof the container. This may be accomplished by placing all glasses, cups, plates, and saucers in a venting position so that air will not be trapped. b. Immersion for at least two (2) minutes in a lukewarm chlorine bath containing at least fifty (50) ppm of available chlorine. The bath should be made up at a strength of one hundred (IOO) ppm or more of chlorine and shall not be used after its strength has been reduced to fifty (50) ppm. Bacter icidal treatment with chlorine is ineffective if the utensils have not been thoroughly cleaned. Where chlorine is relied upon for bactericidal treatment, the bactericidal treatment requirement of this item shall therefore be considered as violated if the utensils so treated are not clean. Chlorine solutions once used shall not be reused for bactericidal treatment on any succeeding day. Where chlorine treatment is used, a three-compartment sink and/or vat shall be required, the first compartment to be used for washing, the second for plain rinsing, and the third for chlorine immersion; provided that for existing installations, the second or rinsing compartment may be omitted if a satisfactory rinsing or spraying device is substituted. The Health Officer shall satisfy himself by frequent testing that the chlorine bath in actual use is of the required strength. II. Storage and handling of utensils and equipment: After bactericidal treatment, utensils shall be stored in a clean, dry 11 place protected from flies, dust and other contamination, and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used, and shall be handled in a sanitary manner. The following points shall be considered in the enforcement of this item: a. All containers and utensils are stored at a sufficient height above the floor in a clean, dry place protected from flies, splash, dust, overhead leakagte and condensation, and other contamination. Wherever practicable, containers and utensils shall be covered or inverted. b. Drain racks, trays and shelves are made of corrosion- resistent material, and are kept clean. c. Containers and utensils are not handled by the surfaces which come in contact with food or drink. Fingers should not touch the inside surfaces of glasses, cups, dishes, etc., nor the bowls of spoons, the tines of forks, or the blade of knives. Any equipment touched by the Inspector shall be again subjected to bactericidal treatment before being used. d. Paper cups, plates, straws, spoons, forks, and other single-service containers and utensils are purchased in sanitary cartons and stored therein in a clean, dry place until used, and after removal from the cartons, these articles are handled in a sanitary manner. Laundered cloths and napkins shall be stored in a clean place until used. e. Spoons, spatulas, dippers, scoops, etc., used for dispensing frozen desserts are, when not in use, kept either in water maintained at 170 degrees F., or in a running water dipper well. f. Single-service utensils shall be used only once. 12. Disposal of wastes: All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance. The following points shall be considered in the enforcement of this item: a. rinsing of dishwashing in a public All liquid wastes resulting from the cleaning and utensils and floors, from flush toilets, vats and machines, and from lavatories, shall be disposed of sanitary sewer. b. All plumbing complies with the City plumbing ordinances and is so designed and installed as to prevent contamination of the water supply through cross connections and back-siphonage from fixtures, including diswashing machines and sinks. 12 c. All garbage is kept in tight, nonabsorbent, and easily washable receptacles which are covered with tight-fitting lids pending removal. d. All garbage, trash, and other waste material are removed from the premises as frequently as may be necessary to prevent nuisance and unsightliness, and are disposed of an a manner approved by the Health Officer. e. All garbage receptacles are kept clean and in good repair, or washed when emptied, and treated with a disinfectant if necessary to prevent nuisance. 13. Refrigeration: All readily perishable food and drink shall be kept at or below 45 degrees F., except when being prepared or served. Wastewater from refrigeration equipment shall be properly disposed of without danger of back-siphonage. All ice is to be from a source approved by the Health Officer and is stored and handled in such manner as to preemt contamination. Water used to wash ice is to comply with the safety standards of item 7. 14. Wholesomeness of food and drink. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided that this requirement shall not apply to cream which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams, and mussels shall be from State Health Department approved sources, and, if shucked, shall be kept until used in the containers in which they were placed at the shucking plant. All food and drink are to spoilage, and so prepared as The term "food and drink" dressings, and sauces. be clean, wholesome, free from to be safe for human consumption. shall also include condiments, All custard-filled and cream-filled pastries served shall be rebaked after filling at a suitable oven temperature and a long enough period of time to thoroughly sterilize the contents, and cooked to ISO degrees F., or less within one (1) hour after rebaking; or if the filling has been heated before the pastry shells are filled so that the contents are thoroughly sterilized, they shall be cooled to 45 degrees F., or less within one (I) hour after heating. No custard-filled or cream-filled or mer ingue preparations or pastr ies shall be held for sale more than twenty-four (24) hours. 13 In the case of milk dr inks mixed at soda fountains, etc., this provision shall be interpreted as requiring that the milk used shall include the entire contents of the original container or shall be from an approved bulk dispenser. Mixing of milk drinks shall be done in a sanitary manner. Bulk container dispensing tubes shall be cut diagonally one- fourth inch below the dispensing valve. 15. storage. display. and serving of food and drink: All food and drink shall be so stored, displayed, and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches, and rodents shall be used. Evidence of the presence of rodents, roaches, ants, or other vermin shall be considered as a violation of this item. Food or drink shall not be stored or prepared beneath overhead sewer or drain pipes unless such pipes are provided with suitable means to carry off possible leakage or condensation. Food or drink shall not be stored on floors which are subject to flooding from sewage back-flow, such as those below street level. The pouring lips of bottles containing milk or other beverages in non-leakproof containers shall not be submerged in water for cooling. All unwrapped or unenclosed food and drink on display shall be protected by glass or otherwise from public handling or other contamination, except that approved hand-openings for self- service may be permitted on counter fronts. 16. Cleanliness of employees: All employees shall wear clean outer garments approved by the Health Department, and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment. Employees shall not expectorate, smoke, or use tobacco in any form in rooms in which food is prepared. All individuals engaged in food handling or preparation are required to wear hairnets, hats, headbands, or other suitable restraints. Under no circumstances is hair allowed to extend or hang forward of the shoulders. 17. Miscellaneous: The premises of all food establishments shall be kept clean and free of litter or rubbish. None of the operations connected with a food establishment shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. SECTION JJf" - ITINERANT FOOD ESTABLISHMENTS . )L 14 Itinerant food establishments shall be constructed and operated in an approved manner. The health officer should approve an itinerant food establishment only if it complies with the following sanitation requirements: A. It shall be located in clean surroundings and kept in a clean and sanitary condition. It shall be so constructed and arranged that food, drink, utensils, and equipment shall be adequately protected from insects or dust or other contanimation. Only food and drink which is clean, wholesome, and free from deleter ious substances shall be sold or served. An adequate supply of water of safe, sanitary quality shall be easily available and used for drinking and for cleaning utensils and equipment. If multi-use utensils are used in the serving of food or drink, they shall be thoroughly washed with hot water and a satisfactory detergent, and so handled and kept as to be protected from contaimination. Adequate provision shall be made for refrigeration of perishable food and drink. Ice used in or with food or drink shall be from a source approved by the Health Officer and so handled as to avoid contamination. B. Garbage and refuse shall be kept in tightly covered, watertight containers until removed and shall be disposed of in a place and manner approved by the Health Officer. Dishwater and other liquid wastes shall be so disposed of as not to create a nuisance. C. No person suffering from any disease transmissible by contact or through food or drink or who is a carrier of the germs of such a disease shall be employed in any capacity. Adequate and satisfactory toilet and hand-washing facilities shall be readily accessible to employees. No person engaged in the handling or serving of food or drink shall return to his work, after using the toilet, without first thoroughly washing his hands with soap and hot water. Upon failure of any person maintaining or operating an itinerant food establishment, after warning, to comply with any of these requirements, it shall be the duty of the Health Officer summarily to forbid the further sale or serving of food or drink therein. Any person continuing to sell or serve food or drink in such a food establishment after being so forbidden, shall be subject to the penalties provided for violation of this code. '~'f,.\ SECTIO~ X - DISEASE CONTROL - EXAMINATION AND CERTIFICATION OF FOOD HANDLERS. A. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any food and beverage establishment, and no food and beverage establishment shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the manager 15 suspects 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. A placard containing this section shall be posted in all toilet rooms (or other rooms as required by State law). B. It shall be unlawful for any person afflicted with or having any contagious, communicable, or infectious diseases in a transmissible stage of such disease or diseases to acept employment or work in, around or about any food and beverage establishment or itinerant food and beverage establishment. Every person accepting such work or employment or engaged in such work or employment shall be examined by a licensed physician and procure an examination certificate showing said person to be free from such diseases in a transmissible stage and said person shall present said examination certificate including report of such laboratory, x-ray or tuberculin/skin test examinations as required by the City Health Officer to the City Department of Health, where a health certificate shall be issued. Applicant holding a valid United States Government Health Certificate issued within six (6) months preceding the date of application for a City Health Certificate and which said United states Government Certificate has been duly registered, in which event, the said Department of Health shall then issue a health certificate to such applicant provided that if such examination aforesaid be made by a duly licensed private physician, it shall be certified to and be reported upon a form provided by the City Department of Health and such examination shall be the equivalent of that given by the City Health Officer. C. It shall hereafter be unlawful for any food and beverage establishment or itinerant food and beverage establishment to have in their employ and working in, around or about that portion of such establishment where food or drink is prepared, served, or handled in other than sealed containers as an employee or employer, any person, unless such person or employee holds a valid City of Schertz Health Certificate. D. In pursuance to these provisions, it shall be the duty of the City Health Officer to examine the records of all persons working in, around, or about food and beverage establishments and itinerant food and beverage establishments whether as employee or employer to ascertain that they have complied with the provisions of this article in regard to health certificates. The holding of such valid health certificate by any person, shall constitute authority to permit a person to accept employment or work in, around, or about all food and beverage establishments and itinerant food and beverage establishments for a per iod of one (I) year following date of medical examination. E. The City Health Officer may require such holder of a valid health certificate to be re-examined as often and at such times as may be necessary and imperative for the preservation and protection of public health and public safety. The City 16 Health Officer shall have the power and authority to cancel the validity in the City of any certificate previously issued should the hOlder thereof, upon re-examination be found to be affected or afflicted with any contagious, communicable, or infectious disease in a transmissible stage of such disease. F. All health certificates of persons working in, around or about food and beverage establishments and itinerant food and beverage establishments whether as employee or employers, shall be posted and available for inspection at all times in the establishment in which such employee or employers are working. SECTION XI) - PROCEDURE WHEN INFECTION SUSPECTED When suspicion arises as to the possibility of transmission of infection from any food establishment employee, the Health Officer is authorized to require any or all of the following measures: A. The immediate exclusion of the employee from all food establishments. B. The immediate closing of the food establishment concerned until no further danger of disease outbreak exists in the opinion of the Health Officer. C. Adequate medical examination of the employee and of his associates, with such laboratory examiniations as may be indicated. ~ APPROVED ON FIRST READING the, of day PASSED, APPROVED AND ADOPTED this the 19 ffS- . of ~eur.eL 19 -tI:.. day of ~ .r , 19 ~S . ATTEST: 17 APPENDIX A PERMIT FEE SCHEDULE One to five employees Six to Ten employees Eleven to Twenty-five employees Twenty-five to Fifty employees Fifty-one or more employees $30.00 $40.00 $50.00 $60.00 $70.00 CITY OF SCHERTZ DEPARTMENT OF PUBLIC HEALTH 1400 LIVE OAK SCHERTZ, TEXAS 78000 FOOD SERVICE ESTABLISHMENT INSPECTION REPORT ---------------------------------------------------------------- Name Address City Zip Code Based on an inspection this day. The items listed below that are identified as unsatisfactory, represent a violation in the operation of this facility which must be corrected by the ne:<t routine inspection or such shorter period of time as may be specified in writing by the health inspector. Failure to comply may result in suspension of your permit. Permit Number: Type of Inspection: Purpose: Permit Posted: Health Cards Valid: FOOD SOURCE: FOOD PROTECTION: SATISFACTORY: SATISFACTORY: FOOD EQUIPMENT/UTENSILS FOOD TEMPERATURE PROTECTION SATISFACTORY: SATISFACTORY: TOILET/HANDWASHING FACILITIES PLUMBING SATISFACTORY: SATISFACTORY: WATER SEWAGE SATISFACTORY: SATISFACTORY: GARBAGE/REFUSE DISPOSAL INSECT/RODENT CONTROL SATISFACTORY: SATISFACTORY: FLOORS/WALLS/CEILINGS LIGHTING/VENTILATION SATISFACTORY: SATISFACTORY: DRESSING ROOMS OTHER OPERATIONS SATISFACTORY: SATISFACTORY: --------------------------;cRITIcAL-ITEMs------------------------ REMARKS: Date of Inspection: / / Received by____________ Inspected By:__________________