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HomeMy WebLinkAbout03091 ORD - 07/17/1951WRAndersonval - ",. : ,july 2, 1951 (6 Copies) AN ORDINANCE ' ESTABLISHING A CODE OF SANITARY AND HEALTH REGULATIONS AND REQUI100ITS FOR ALL PLACES, BUSINESSES, AND PERSONS WHEREIN OR BY WHOM FOODSTUFF OR DRINKS FOR HUMAN CONSUMPTION IS PRODUCED, HANDLED, PREPARED, CARED FOR, SOLD OR STORED, AND FOR ALL VEHICLES USED IN COH•IEC- TION WITH ANY SUCH BUSINESS; CONTAINING PERTINENT DEFINITIONS; PROVIDING PROCEDURE FOR LICENSE AND PERMITS; PROVIDING FOR THE SUSPENSION AND /OR REVOCATION OF PERUITS AND METHOD OF REINSTATEMENT; _ REQUIRING POSTING OF PERMITS; PROHIBITING CERTAIN CONFLICTING BUSINESSES TO BE OPERATED IN OR ON SAME PREMISES; PROVIDING FOR INSPECTIONS; PRE- SCRIBING PENALTY FOR VIOLATION; REPEALING ALL ORDINANCES OR PARTS OF ORD134ANCES IN CONFLICT HEREWITH, E%PRESSLY REPEALING ORDINANCE NO. 820, DATED FEBRUARY 8, 1938, RECORDED IN VOL. 10, PAGE 103, ORDINANCE NO. 863, DATED JUNE 24, 1938; RECORDED IN VOLUME 10, PAGE 195, ORDINANCE NO. 1194, DATED DECEMBER 31, 194o, RECORDED IN VOLUME 11, PAGE 442, ORDINANCE NO. 1526, DATED DECEMBER 8, 1942, RECORDED IN VOLUME 13, PACE 210, ORDINANCE No. 2510, DATED OCTOBER 25, 1949, RECORDED IN VOLUME 17, PAGE 579; CONTAINING SAVINGS CLAUSE; PROVIDING METHOD AND MANNER OF PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: ARTICLE I DEFINITIONS AND APPLICATION SECTION 1. To safeguard and promote the public health of the City of Corpus Christi, Texas, the following definitions shall apply in the interpretation and the enforcement of this article. SECTION 2. By food or foodstuff as used in this Ordinance is meant any substance or thing, whether liquid or solid whether organic or inorganic and whether of animal or vegetable origin intended to be used or used as food or drink or flavoring or confectionary or con- diment, for human beings. , SECTION 3• The term °Restaurant" as used herein includes cafes, coffee shop, cafeteria, short order cafe, tavern, sandwich shop or stgnd, lunch - room; luncheonette, boarding house, soda fountain, and all other places Ywhere food or drink is sold or offered for sale to the public, or served t or permitted to be served, as well as kitchens where food or drink is j prepared for sale to the public elsewhere. - .909/ I SECTION 4. Itinerant restaurant shall mean any such place, defined in Section 3, Article 1 of this ordinance, which is operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gatherings. SECTION $. The word "Business" hereinafter used shall be deemed to include any business, occupation, industry, and all opera- tions incident thereto of the several kinds herein mentioned or referred to. SECTION 6. The word Room as hereinafter used shall be deemed to include any room or apartment or place inclosed on one or more sides for the purpose of any such business. SECTION 7. The terns 11 Food Establishment" shall mean every business known as and described as a slaughter house, meat market, butcher shop, restaurant, food factory, fish market, bakery, confectionery, ice cream factory, grocery stare, cannery, fruit market, vegetable market, / and food peddlers by wagon or otherwise; soda fountains, bottling works, saloons, bar room, brewery and all similar and any business manufacturing, preparing, dealing with, handling, selling food stuffs at, either wholesale or retail, or dispensing the same. SECTION 8. The word person shall mean person, firm, corporation or association. SECTION 9. The word Employee shall mean: Owner, manager or any individual who handles food during preparation or serving, who comes in contact with any eating or cooking utensils, or who is employed at any time with or without remuneration, in a room in which food is prepared or served. I SECTION 10. The term °Utensils^ shall mean dishes, glassware, silverware, kitchenware, cutlery, containers or other articles of any size or shape, constructed of any material whatsoever, used in preparing, holding, storing, transporting, serving or eating food. SECTION 11. This code shall apply to every business of any kind known or described as a slaughter house, meat market, butcher shop, fish market, dairy, bakery, confectionery, ice cream factory, place for the —2— handling, preparing or sale of dairy products or cooked and prepared foodstuffs, hotel, restaurant, grocery store, fruit market, vegetable market, and food peddlers by wagon or otherwise; soda fountain, bottling works, saloon, barroom, brewery and all similar business handling or having to do with foodstuff, wholesale or retail. SECTION 12. Andalso to every roam used for the purpose of any such business in keeping, storing, manufacturing, preparing, handling, distributing, selling, serving or offering for sale, any meat, fish or slaughtered poultry, meat products, bread, cakes, pastry, confectionery, milk, butter or other dairy products, fruit and vegetables, groceries, or other foodstuff, whether raw or cooked, or otherwise prepared, or any liquid intended as food or drink for human beings whether of an alcbholic or non - alcoholic nature; and also to each and all of the fixtures, furniture, receptacles, utensils, machinery, implements and other things used within or without any place of business for the purpose of any such business. SECTION 19. And also to all persons owning or conducting or employed in or about any or such business; and each business, room, place matter and thing herein mentioned or referred to shall be respectively governed, managed, conducted, constructed, arranged, equipped and cared " for in accordance with the following ordinance; and it shall be unlawful to conduct any such business, occupation or industry, except in the due observance of the respective requirements of this ordinance and the following code of general provisions. SECTION 14. The term nHealth officer" shall mean the health officer of the City of Corpus Christi and shall be construed to include any of his assistants, deputies, inspectors, sanitarians, or any other official representative of the members of the health office staff. ARTICLE II PERMITS SECTION 1. It shall be unlawful for any person in any way or manner to engage in, conduct or operate any business named or included in Article I of the Ordinance without first having applied for and received a permit in writing so to do from the Health Officer, as herein provided. -3- No food establishment shall be permitted to open, operate or conduct business until and unless they have first secured from the inspection section of the Department of public Works of the City of Corpus Christi a Certificate of Occupancy to operate such establishment. After said Certificate of Occupancy is issued, the health officer may issue a health permit. SECTION 2. Each applicant for any such permit shall file with said health officer a written application therefore which shall state the name and address of such applicant, also a description by street and number or other appropriate designation of the location of such business, and other information as may be required by said health officer. SECTION 3. If after investigation and the consideration of such application and all proper matters in connection therewith, it shall appear to the said health officer that the statements made in such appli- cation are true, and the premises and vehicle conform to the requirements of this ordinance and other laws applicable thereto, and that the appli- cant has complied with all the laws and ordinances regulating such business, said health officer shall grant the permit applied for. SECTION 4. Said health officer shall have and is hereby given the power and authority to suspend or revoke any such permit at his dis- cretion upon prof to the satisfaction of said health officer of any violation, by the holder of any such permit, of this ordinance or other law applicable theretc. Anyone who operates or conducts said business in the said city when his permit shall have been suspended or revoked, shall be guilty of a violation of the provisions hereof. SECTION 5. No such permit shall be suspended or revoked until the hearing shall have been held by said health officer in the matter of suspension or revocation of such permit at which hearing such permittee may be present or represented by Counsel. Notice of such hearing shall be given by said health officer in writing and served upon the holder of such permit not less than five days prior to the date of such hearing, which notice shall state the ground of complaint against such pelmlttee and shall also state the time when and the place where such hearing will be held. Such notice shall be served on such permittee by delivering the same to such penaittee or his manager or agents or to any person in charge of or employed in such business, or by leaving such notice at the place of business or residence of such permittee with some person of suitable age of discretion. If such notice for any reason shall not be served as hereinabove described in this section provided than a copy of suchanotice shall be mailed, postage prepaid, addressed, to such permittee or his last known residence, not less than five days prior to the date of ouch hearing. SECTION 6. Such permit shall be valid only for the calendar year, ending December 31, unless the same is sooner revoked or suspended as herein provided, or unless the holder of such permit shall change the location of his place of business or sells or otherwise disposes of such business or materially changes the character of such business. Such permit shall expire of the 31st day of December. Upon the expiration of any such permit and within seven days thereafter, a person conducting or operating such business or vehicle shall apply for and secure renewal thereof in the same manner hereinabove provided for. SECTION 7. Each permit and inspection certificate pertinent thereto shall be at all times kept posted and displayed in a conspicuous place in or about such place of business, premises or vehicle. Inspection sheets must be kept on the premises to be produced upon request of said health officer. SECTION 8. No license under any ordinance of the city shall be issued to any person owning or operating any food establishment which is required to have a permit under this ordinance, unless such permit shall have first been granted by said health officer. It shall be the duty of the said health officer immediately upon the granting of such Permit to forward to the person making application and to file with the city a duplicate copy thereof. SECTION 9. Any food establishment the permit of which has been revoked or suspended may at any time make application for the reinstatement of the permit. Within one week after the receipt of a satisfactory appli- cation accompanied by�a written statement signed by the applicant to the -5- effect that the violated item or items have been corrected, the health officer shall make a reinspeetion, and thereafter as many reinspections as necessary to assure himself that the applicant is complying with the requirements, and in case his findings indicate compliance, shall reinstate the permit. ARTICLE III OTNER BUSINESS IN SANE ROOM SECTIOII 1. No person owning or managing any such business shall permit, and no other person shall conduct, in any such room any other occupation or business if the same be of a nature, or be conducted in a manner, whereby foodstuffs may be exposed to any unsanitary conditions or pollutions. SECTION 2. None of the operations connected with a restaurant or other food establishment shall be conducted in any room used for sleeping or domestic quarters. No bed or bedding may be kept or stored in any room where any of the operations connected with the operations of a restaurant or food establishment are conducted. No shoe repair service or shoe shine stands may be conducted in any restaurant or food establishment. Any sleeping room or living quarters shall be separated by a solid partition from any part of any food establishment. SECTION 3. No live animal or fowl shall be allowed in any food establishment. ARTICLE IV I21SPECTION OF RESTAURANT AND OTHER FOOD ESTABLISMWTS SECTION 1. Inspection; The city health officer, and any of his assistants, deputies, inspectors and sanitarians of the city acting under the authority of the city health officer of the city council, for the purpose of protecting the public health and enforcing this code shall at any or all times enter in or upon any premises or food establishment in the City of Corpus Christi. No person shall interfere with or refuse -6- to permit any such officer or sanitarian to make any inspection Hereby authorised; and if any person shall refuse permission or bar or obstruct such inspection, then any license or permit or certificate issued by the city for such business shall become subject to revocation and shall be null and void on written order of the city health officer; and every person who owns, manages or conducts any such business and each agent or employee of such persons shall answer truly such questions and render such information and assistance, and to give such written statements or certificates as may be used or required by the city health officer or any such inspector for the purpose of facilitating any inspection or examination under the provisions of this ordinance; and shall permit him to examine upon request any license or permit or certificate relating to such business, and also any bill or delivery ticket evidencing the purchase or delivery of any foodstuff and showing the name of the person from whom same was purchased or received. YSECTICN 2. In case the health officer discovers the violation of any item required for a permit, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be corrected, and the second inspection shall be used in determining compliance with this ordinance. Any violation of the same item on two consecutive inspections shall call for immediate revocation of permit. SECTIO14 3. No person shall willfully hinder or obstruct the - health officer in the exercise of the powers conferred upon him by this ordinance. -Such hinderance or obstruction shall be grounds for revocation of permit. ARTICLE V SANITARY REQUIREMTS SECTION 1. The floors of all rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair. The floor in each room shall be well washed or scrubbed at least three tines each week., and all other parts of such room or thing contained therein as often as may be needed to maintain cleanliness. -7- SECTION 2. 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 kept free of dirt, soap, grease, food particles and all other foreign matter and shall be kept in a state of good repair. The walls of all kitchens and scullery shall be sealed from floor to the ceiling and shall have a smooth, washable, impervious surface up to the level reached by splash or spray from dish- washing vats or machines. Evidence of splash or spray above the impervious surfacing shall be deemed a violation of this item and shall be sufficient cause to require additional impervious surfacing. , SECTION 3. All openings of food establishments to the outer air shall be effectively screened with not less than 14 mesh wire cloth and all doors shall open outward and be self- closing tightly and securely against flies and other insects provided, however, that such screens are not hereby required to be used for establishments selling only packaged food and bottled drinks unless some other business or some operation for which screens are hereby required by carried on in the same establishment. Window and door screens and the frames thereof shall be tight fitting and in a good state of repair and free of holes and all screens shall be kept clean and free from accumulation of dust, grease, smoke or other deposits. , SECTION 4. All rooms in which food is prepared or stored or in which utensils are washed shall be well lighted. SECTION 5. All rooms in which food is stored, prepared or served, except cold storage rooms shall be adequately ventilated so as to prevent disagreeable odors and condensation. Supplementary equipment such as stove hoods and exhaust fans shall be provided if in the judgment of the health office ventilation of doors and windows is inadequate to prevent disagreeable odors and condensation and accumulation of grease. SECTION 6. All plumbing shall meet the requirements of the Qty plumbing Code. All toilets shall have individual fly tight solid housing and shall have self - closing solid doors with no direct opening into the establishment. The toilet or rest room shall be well- lighted and shall Q1M be ventilated to the outside air. The toilet or rest room shall be • kept clean and free of waste material, rubbish and litter and the fixtures shall be kept clean and free of filth, scales and discoloration. Toilet or lavatory rooms shall not be used for the storage of food, food packages, wrpppings or any other device used to enclose food. Linens, napkins, clean uniforms or aprons shall not be stored in toilet. Appropriate, durable and legible signs instructing employees to wash their hands before returning to work shall be posted conspicuously in every toilet, urinal, lavatory or dressing room used by any food establishment. Soap and a reasonable supply of individual towels or other approved toweling shall be provided for operators and employees of all food businesses, SEGTIO14 7. Each place of business hereinafter constructed or operaged for the purpose of operating as a food establishment shall be provided with a sufficient number of clean well- lighted dressing rooms for the use of employees. No person shall dress or undress or leave or ' store any clothing or personal items in any room other than such dressing room. Hand washing facilities, consisting of a suitable lavatory con- veniently located and available to both sexes, soap, water and a reasonable supply of individual towels, shall be provided for operators and employees of all food businesses. SECTION 8. All rooms in which food is prepared or utensils washed shall be provided with an ample and convenient supply of running water provided or supplied through an adequate number of outlets. The water supply shall be adequate and of a safe sanitary quality approved by the health officer. SECTION 9. The surface of all equipment and utensils with which food comes in contact shall be of smooth, seamless and not readily corrodable material and such surface shall be kept in good repair, free of breaks, corrosion, open seams, cracks and chipped places. SECTION 10. All equipment and utensils with which food comes in contact shall be kept clean and sterilized in accordance with the State Sterilization Law, H.H. No. 49$. -9- decayed meat, fish or other substance shall be kept in any such . refrigerator or ice box or cold storage compartment. Meats and fish shall not be kept in the same compartment with butter or milk or any other bottled drinks. Each such ice box or refrigerator must be maintained at a temperature of h$o F. or less and each such ice box or refrigerator or storage room must have proper circulation and same to be provided by fans or other suitable means approved by the health officer. All ice box or refrigerator drains shall drain into a properly constructed water supplied basin or hopper properly trapped in accordance with City plumbing Ordinance. SECTION 14. (a) No person who owns, manages or is in charge of any such business hereinbefore mentioned or referred to shall have or permit to be kept or used at any time in or about any room or place or vehicle used in connection with such business or exposed or offered for sale, sell, prepare, deliver or serve to any person in any part of the City of Corpus Christi any meat, poultry, eggs or other meat, food product or any fish or oysters or any foodstuff of any animal nature or any fruit, vegetable or other thing or substance ordinarily used for human food which is delivered diseased, fermented or decaying or otherwise unwholesome or unclean or which contains any drug, perservative or adulterant or no person who owns, manages or is in charge of any such business or place shall expose for sale, offer for sale, prepare, deliver or serve to any other person any foodstuff or permit same to be done without first examining same to see whether same is fresh and wholesome for food, provided that the foregoing shall not be deemed to require the examination of goods enclosed in any original package and sold or delivered unopened, except when exterior of package indicates spoilage. (b) It shall be unlawful for any person to keep, sell, expose for sale or to have in his possession with intent to sell any food or drink that is not thoroughly protected from exposure to Tlies, dust, dirt, filth, vermin, sputum or other excretion from mouth or nose coming into contact with or ' being infected or infected upon any such product . All food and drink shall be stored in a manner as to prevent handling of any foodstuff by any person -11- other than the persons selling or offering same for sale all foofl other than securely wrapped, packaged, canned or bottled. Food and drink except fresh fruit, vegetables or melons meat be stored in tightly fitting glass oases or in a manner as may be approved by the health officer. Evidence of the presence of rodents, roaches, ants or other vermin and insects shall be considered violating this provision. (c) Serving of cracked ice and sliced butter shall not be by direct contact with fingers or hands. A a000p shall be used to transfer ice used in cooling drinks from its place of storage to con- tainer used for serving drinks. A fork or other approved implement shall be used for the transfer of butter or oleomargarine from its _ place of storage to any dish or other receptacle used for the purpose ` of serving. Ice for cooling drinks shall be stored in such a manner as not to come in contact with any substance of any kind or nature, liquid or solid other than container used for storage and shall be protected from any drip or drainage of any liquid of any nature. Nothing shall be stored in same container in which ice for cooling drinks is stored. (d) Bottled milk and other beverages bottled in the same manner as milk or which are Contained in non -leak proof containers shall not be submerged in water for the purpose of cooling. Milk bottled in paper cartcns may be stored only in a dry box. (e) No foodstuffs or utensils or anything else shall be stored in the same cabinet with bulk ice Cream unless such foodstuffs, utensils or anything else be entirely separated-frdm ioe. cream and ice Container by a solid partition. (f) Dustless methods of floor oleaning shall be used by use ' of proper sweeping compound end all except emergency floor cleaning shall be done during those periods when the least amount of food is exposed such as after closing or between meals. (g) The aide walk or street display of any article of food is hereby prohibited. SECTION 15. (a) All food handlers shall be clean and shall wear clean clothing while on duty in or around a food establishment. -12- Each time food - handlers leave a toilet, urinal or dressing room or immediately before going on duty after any absence, he or she must thoroughly wash hands in warm, soapy water, rinse in clean water and dry hands on a clean, individual towel. Hands and finger nails of all food - handlers shall be scrupulously clean and shall look ale=. (b) Every employee or other person while engaged in cooking, preparing, handling or serving, of foodstuffs shall at all times wear a hair net, cap or device to confine the hair. (c) No employee or other person shall use tobacco in any form while engaged in the cooking, preparing, handling or serving of foodstuffs. ., (d) No employee or other person shall sit or lie upon say table, refrigerator, show case, counter, shelf, or any equipment intended or designed to hold or carry or store or prepare or serve food or drink. If th6 health officer deems it desirable for the protection of health and for the prevention of the spread of disease, said health officer may require any or all persons employed in food establishments to submit to a physicalend laboratory examination, such examination to be made by the city physician. Any person refusing to submit to such examination shall not be permitted to work in any food establishment. SECTION,16. (a) The entire yard and premises occupied by any such place of business shall at all times be kept clean and in ,. sanitary condition and free from filth, exposed refuse or garbage and free from trash and old plunder. (b) Soiled linens, Coate and aprons shall be kept in containers provided for this purpose. T (a) No person owning or managing any such business shall permit the use of saw dust, shavings or other dust creating or filth collecting covering on the floor of any such room. (d) All vehicles, wagons and carts used for delivering or transporting any foodstuffs from one part of the city to another shall be kept in a clean and sanitary condition and all foodstuffs shall always be carried in good closed containers or wrappings or in case of meat in large -13- pieces or wholesale quantities same must be enclosed or completely and securely wrapped in clean solid white material. The interior of the bed or boa of each such vehicle used for the purpose of delivering or transporting meat or vegetables shall have a substantial and smooth - lining or surface of sheet metal, constructed so that same shall have no cracks, recesses or projections, and same shall be constantly kept free from all foul and decaying substances. ' SECTION 17. (a) Itinerant restaurants may be approved only if they have complied with all items of Article V excepting Section 1, 2, 4, 5, 7. Parts 6 and g nowt have the approval of the Health Officer. Itinerant restaurants are hereby required to use single service paper containers when selling to or serving foodstuff to the public. (b) Upon failure of any person maintaining or operating an itinerant restaurant, after warning, to comply with any of these requirements, it shall be the duty of the health officer to aummarily forbid the further sale or serving of food therein. Any person con- tinuing to sell or serve food after being so forbidden, shall be dubject to the penalties provided for the violation of this ordinance. ARTICLE VI FRUITS AND VEGETABLES SECTION 1. All food establishments shall keep all frost fruits, or vegetables, or edible roots or tubes at least 18 inches above floor and within a closed container or screened room. All refuse, trash, discarded organic matter in any such place, or left on the sidewalk or sidewalks abutting thereon, shall be taken up immediately by the person who owns or conducts such business and shall be deposited and kept in a closed garbage can or receptacles which will be emptied and cleaned at least once each day. Such container shall be substantially constructed of metal and of a pattern such as may be approved by the health officer or sanitarian and officers of the City of Corpus Christi. The person who owns or conducts such business shall also keep the street or streets-and premises adjacent to such place free from all scraps, refuse, and litter acoumulating on account of such business, or dropped or left by any person from articles kept or procured at such place. '11F- SECTION 2. All wagons, vehicles, and carts used for, peddling food in any form and all the contents thereof, shall always be kept in a wholesome and sanitary condition, and no person owning, using, or driving such wagon or vehicle, or any person peddling food in i any form who is afoot, shall permit same to contain any unwholesome, fermenting or decaying fruit, vegetables, or other food or food products, and the contents of each such wagon, vehicle or other container shall be securely covered and protected frcm flies, insects, and dirty by clean and sound wire screens of not less than fourteen (14) meshes to the inch or by some other means approved by the health officer. All such food and vegetable peddlers by wagon or otherwise shall not sell any merchandise of any description on the streets of Corpus Christi without first having obtained a permit as required by the various ordinances of the City of Corpus Christi pertaining to the particular type of commodity sought to be peddled. SECTION 3. All wholesalers of fruits and vegetables or produce dealers must adequately protect their wares as provided in Section 3, Article V of this Ordinance. ARTICLE VII BAIMIES SECTION 1. (a) For the purpose of this ordinance a "bakery" is hereby defined to be any room, building or place, used or operated for the purpose of making, preparing or baking bread, cakes, pies, pastry, doughnuts, rolls, biscuits, crackers, noodles, macaroni, tamales or spaghatti, or other product of flour or meal, hereinafter called "bakery products" to be sold for food, except that the term "bakery" shall not be construed to include any establishment engaged exclusively in the prepara- tion of box lunches, or any restaurant or other public eating place wherein any such bakery product is prepared to be used, and is used exolua-ively with meals served in or from such box lunch establishment, restaurant or other public eating place. -15- (b) A "bakery distributor" is any person, firm or corporation who personally or by or through his or its agents travels from place to place and who sells or offers for sale any bakery products in his possession which was produced in any bakery owned or operated by soma other person. (c) The term "traffic in" shall be construed as meaning to bring, receive, sell, exchange, deliver or have in possession, for the purpose or sale, exchange or delivery, any such bakery product. SECTION P. It shall be unlawful for any person to sell, offer for sale, or distribute any bakery product made, prepared, baked, or manufactured by any person not holding a valid health permit as re- quired by the provisions of the Section 1, Article II of this ordinance. SECTION 3. Each workroom floor of each bakery and the floors of each room wherein any bakery product is prepared, handled or stored, shall be of smooth cement or of hardwood with an impermeable surface no laid and constructed as to be even, free from cracks, holes or intertices. The walls and ceiling shall be well constructed of smooth finish, cleanable material, without cracks or crevices therein, or shall be well plastered and finished with a smooth, light colored surface. SECTION 4. Each building and each room used for a bakery shall be adequately ventilated. SECTION 5. Each bakery and each storeroom shall be adequately lighted by natural or artificial light so that all parts thereof may be readily seen. SECTION 6. No person shall sleep in any bakery or bakery storeroom, nor shall any room connecting direct with any bakery or bakery storeroom be used for dwelling or sleeping quarters. SECTION 7. The following general sanitary requirements shall apply. (a) Each bakery shall be provided with one or more suitable sinks with an adequate supply of running hot and cold water for the purpose of washing and keeping clean the utensils and apparatuses used therein. -16- (b) Each bakery shall be provided with adequato toileti facilities in separate compartments, well - lighted and ventilated to to the outside air. No such toilet compartment shall have direct communication with any bakery storeroom, or sales room unless it shall be separated therefrom by means of a properly lighted and ventilated vestibule with ceiling height partitions, and each vestibule shall not be less than four (k) feet wide in its least dimension. Each door of each toilet and each vestibule shall be self closing. (c) Each bakery shall be provided with a sufficient number of suitable well - lighted dressing rooms. No person shall dress, or undress, or leave or store any clothing in any bakery or bakery storage room other than in such dressing room. (d) Each bakery shall be provided with an adequate number of suitable wash basins or lavatories, with an adequate supply of running water hot and cold, soap and clean towels, to enable employees or other persons working therein to keep their hands and persons clean. (e) Or in a bakery or bakery storeroom shall before beginning work, also immediately after using such toilet thoroughly wash and cleanse the hands and arms. The use of community soap or community towels is hereby prohibited. (f) An appropriate notice shall be pasted in eachtoilet and dressing room directing and requiring each employee or other person to wash his hands and arms before leaving the toilet room and immediately before commencing work. SECTION 8. Each bakery storage room or place in any bakery for storage or keeping flour, meal or other foodstuffs or bakery material, shall be provided with platforms, racks, or shelves not less than six (6) inches above the floor for holding such material, and no flour, meal or other foodstuff or bakery material shall be deposited on or allowed to remain within six (6) inches of the surface of such floor. Each space, between each such platform, rack or shelf and the floor shall at all times be kept clear and free of airy obstruction. -17- SECTION 9. All flour, meal, sugar, or other foodstuffs used in the preparation or manufacture of any bakery product shall be thoroughly enclosed, covered, and protected in self - cloning bins, cane or other suitable containers with properly fitted covers, and at all ' times protected from dust and dirt. All equipment, utensils, foodstuffs , and bakery products shall be thoroughly covered and protected while sweeping and dusting is being done. SECTION 10. The interior of each ice box or refrigerator shall be scrubbed thoroughly with hot water and some cleaning agent at least once weekly and shall be kept in good order and repair, clean and sanitary at all times and shall be properly drained. No ice box or refrigerator drain shall be connected directly to any sewer, but shall drain into a properly constructed water supplied basin or hopper. SECTION 11. All furniture, machinery, trough, or equipment shall be so placed, arranged and constructed as not to prevent their being cleaned or the cleaning of any part of the bakery. SECTION 12.4he use of tobacco in any form in any bakery workroom or bakery storeroom is hereby prohibited. ' F (b) No person shall spit or eject any secretion from the mouth or nose upon any wall, floor, machine, equipment, utensils or supplies in any bakery or bakery storeroom. No employee or other person shall sit or lie upon any table, bench, trough, shelf, or equipment in any bakery or bakery storeroom vdiich is intended or designed to hold or carry dough, foodstuff, food material or bakery product. (c) Every employee or other person while engaged in mixing, preparing or handling any bakery product shall keep the fingernails out short and well cleaned at all times, and at all such times shall wear a hair net, cap or device to confine the hair. Garments shall at all times be kept clean. No person shall enter bakery room, or prepats mix or handle any bakery product, who has not thoroughly washed his hands and arms before entering. (d) Each bakery distributor and each person deliverying or , handling any bakery product while engaged at such work shall wear a clean -18- uniform, suit, or other outer garment of washable material and shall at all times keep himself and his clothing in a clean and sanitary condition. Clean towels or cloths shall at all times be provided and used for wiping the hands olean. SECTION 13. No fruit, vegetable or syrup shall be kept in any tin vessel in any bakery storage room unless such vessel is so fastened or sealed as to prevent the air from entering same and labeled correctly as to contents. SECTION 14. No bakery products shall be left on any porch, step, doorway or in any exposed place unless such product is thoroughly enclosed, covered and protected from dirt, dust, flies and other insects and vermin and other contaminations. SECTION 15. All bakery products offered, displayed or exposed for sale shall be covered or enclosed by glass or otherwise protected in such a manner as to prevent sputum or other excretion from the mouth or nose from coming in contact with or being injected or ejected upon any such bakery product, and to prevent any such bakery product from coming in contact with any deleterious, unwholesome or insanitary substance or thing, also to prevent the handling of ary such bakery product by any person other than the person selling or offering for sale ary such bakery product. SECTION 16. No animal or fosl shall be kept, maintained or allowed in any bakery or any storeroom or within thirty -five (35) feet of any door, window, ventilator or other opening of any such bakery or bakery storeroom. SECTION 17. (a) Each vehicle used for the delivery or dis- tribution of any bakery product shall be well constructed, enclosed and covered in such a manner as to be kept free from dirt and dust on the inside thereof, and every bakery product shall be thoroughly enclosed, covered and protected, while being conveyed and transported along or upon any highway, street, thoroughfare or open space. Each such vehicle shall be kept well painted and in good repair and sanitary condition and shall be cleaned or washed at least once each week and shall not be used for any other purpose. -i9- (b) Upon the outer face of each side of each vehicle used for the delivery, transportation or distribution of any bakery product, there shall be printed or painted in legible letters not less that three (j) inches in height, the new and business address of the person operating said vehicle. (o) Each vehicle, belonging to or used by any person for the delivery or distribution of bakery products, if said person does not produce the major part of said bakery products, shall have the words "Bakery Distributor" painted or printed in legible letters not less than threej) inches in height, in addition to the name end business address of said person, as hereinbefore provided. , SECTION 18. Every bakery product made or produced for the purpose of sale or sold or offered for sale, except when sold direct to customer or consumer in an establishment where bakery product is made or produced, shall be entirely and securely wrapped, or enclosed in package, carton, bag or sack, which wrapping, package, carton bag or sack shall have printed or stamped thereon in a conspicuous place the name of the manufacturer thereof of their registered trademark or trade label of such manufacturer. SECTION 19. (a) Use of spoiled, decayed or contaminated materials: No bakery product shall be prepared or manufactured in any unclean or insanitary manner, or shall any article or material be used in the manufaoture of any product which is spoiled, decayed, contaminated or unwholesome, or which does not comply with the laws of the State of Texas relating to adulterations of foods, or any other law or ordinance regulating or relating to the preparation, handling, storage or distri- bution of foods or foodstuffs. (b) Any person preparing, manufacturing, selling or offering for sale any bakery product shall permit samples of reasonable quantity of any material used in the manufacture thereof, to be taken by sanitarian for examination, inspection or analysis. It shall be unlawful for any person to prevent, resist or forcibly oppose the taking of any such sample by said health officer. -20- ARTICLE VIII FMUJM FOR VIOIATION Any and all persona, Srms, partnerships or corporations, who shall violate any of the provisions of this ordinance or fail to comply therewith, or who shall violate or fail to comply with any order or regulation made hereunder, shall severally for each and every viola- tion and non-compliance respectively be fined in a am not to exceed Two Hundred Dollars ($200). The imposition of one fine for any viola - tion of this ordinance shall not excuse the violation or permit it to continue; and all such persons, firms, partnerships or corporations shall be required to correct or remady such violations; and when not otherwise specified, each day that prohibited conditions are maintain - ad shall constitute a separate offense. The application of the above penalty shall not be held to prevent the enforced removal of prohibit- ed conditions. In case a corporation is the violator of any provision of this ordinance, the president, vice- president, secretary, treasurer manager or any agent or employee of such corporation shall be also severally liable for the penalties herein proscribed; provided, further, that should a different punishment be prescribed in any case by stw-e law for any offense included in this ordinance, and should the punish- ment prescribed by state law be the only punishment which can lawfully be adjudged for any such of£ense,ihon the punishment prescribed-by- state law shallvbe'adjudged • by the,00rporatiom, court against_ each_siah offender in lieu.of the penalty herainbefore provided. ARTICLE I% RMMU3 tIG CIAUSE All ordinances or carts of ordinances in conflict herewith shall be and are hereby repealed, and especially repealed hereby are the following described ordinances and amendments thereto: (a) Ordinance No. 820, dated February 8, 1938, recorded in Vol. 10, Page 103. -21- (b) Ordinance No. 863, dated June 24, 1938, recorded in Volume 10, Page 195• (c) Ordinance No. 1194, dated December 31, 1940, recorded in Volume 11, Page Li12. (d) ordinance xo. 1526, dated December 8, 1942, recorded in Volume 13, Page 210. (e) Ordinance No. 2610, dated October 24, 1949, recorded in volume 17, Page 579. ARTICLE X suniG CLAUSE In the event any part or provision shall be found to be in conflict with any law of the state or to be for any reason void or unenforceable such defeat shall extend only in so far to avoid such conflict or other objection, and shall not invalidate any other provision or any other and lawful application of the same provision of this ordinance. ARTICLE XI This ordinance shall take effect from and after of its publication one time in the official publication of the City of Corpus Christi, which publication shall be sufficient if it contain the caption and title hereof, and state in summary the purpose of the ordinance and penalty for violation thereof. ARTICLE XII In accordance with the City Charter of the City of Corpus Christi, Texas, the foregoing ;;d' ce was read the first time and passed to the second reading on the .Y=dgy 1951, by the following votes LESLIE WASSERMAE JACK MkRREST RARNEY COTT SYDNEY HERNDON GEORGE LONMN -22- The foregoing ordinance was e¢d the second time and passed r to the third reading on the /Q day 0 1951, by the following vote. LESLIE 17ASSEPMN JACK DEFORREST BARNEY COTT SYDNEY HEMON GEORGE L07IMN The foregoing ordinance was read /t1} /q third time and passed finally and passed approved on thq/�� y -Jy4, 1951, by the following vote: r LESLIE WASSERYAH JACK DEFORREST BARNEY COTT SYDNEY HERNDON GEORGE LCNM ATTEST: ulty Secretary APPROVED AS 0 FORM2 City-Attorney PENN ✓� 2(9 g/ -23- �LA44,dAA n- THE CITY OF CORPUS CHRISTI