5024 Food Permitsr-1
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ORDI !A VCE 110. 5024
(Published in the Salina Journal December 14, 1942)
AP.; uRDIi;A4CE requiring permits for the operation of restaurants, grocery
stores, meat markets, bakeries, bottling works, and other est_blish-
ments which serve, produce, sell or dispense food or drink, prohibit-
ing the sale of adulterated, unwholesome or misbranded food or drink,
regulating and providing for the inspection of such establishments.-
defining
stablishments,defining certain terms used in this ordinance and providing for the
enforcement thereof, and for Penalties for its violation.
BE 1T UHDAIi ED by the Board of Commissioners of the City of Sal i.n_� , ha.ns as :
Section 1. Definitions: The following definitions shall apply in the
interpretation and the enforcement of this ordinance:
A. Restaurant. The term "restaurant" shall mean restaurant, coffee shop,
cafeteria, short order cafe, luncheonette, tavern, sandwich stand, soda fountain,
and all other r_tblic eating and drinking establishments, as well as kitchens
in which food and drink are prepared for sale elsewhere to the-cublic.
B. Itinerant Restaurant. The term "Itinerant Restaurant" shall mean any
restaurant operating for a temporary period in connection with a fair, carnival,
circus, public exhibition, or other similar gatherings.
C. Grocery Stores and heat Larkets. The terms "Grocery Stores" and %feat
irarkets" mean establishments which sell, handle and deal in bulk or package food,
meats and provisions for human consum-tion.
D. Bakery. The term "Bakery" means any establishment vihere bread, cakes,
pies and other foods are baked or cooked, or are produced, handled, dealt in,
sold or kept for sale for human cons,znption.
E. Bottling V'orks. The term "Bottling forks" means any establishment where
beverages of any kind, except milk or milk products, are produced, prepared,
manufactured and bottled or prepared for bottling.
F. Other Establisunents. The term "Other Establis ,mlents" means any establish-
ment, in addition to those specifically mentioned herein, and except establishments
ot:ierwise regulated by ordinance, where food or drink for human conswnption is
prepared, produced, handled, served or sold.
G. Employee. The term "Employee" shall mean any person who handles food or
drink during storage, sale, preparation or serving, or rho comes in contact with
any eating or cooking utensils, or who is employed at any tune in a room in which
food or drink is Prepared or served.
H. Utensils. "Utensils" shall include any kitchenware, tableware, glassware,
cutlery, utensils, containers, or other equipment with which rood or drink comes
in contact d,_iring storage, preparation, or serving.
I. Health Officer. The term "health officer" used in this ordinance shall
iaean the officer of the City of Salina who shall be appointed and designated as
such, or his authorized representative or assistant.
J. Person. The word "person" shall mean person, firm, corporation, or
association.
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Section 2. Permits Required: It shall be unlawful for any person who does
not possess an unrevoked and unsuspended permit from the health officerand in
v.z'r_ose place of business such permit is not posted in a conspicuous place, to
overate in the City of Salina any restaurant, grocery store, meat market, bakery,
bottling works, or other estRblishment where food or drink is produced, sold, pre-
pared or served. Only persons who comply with the requirements of this ordinance
shall be entitled to receive and retain such a permit. A person conducting an
itinerant restaurant ma,r, in the discretion of the health officer, be exempted
from the re-_
,uirements for the securing of a permit to such extent as may be
authorized by the health officer.
Section 3. Permits Issued. +o permit shall be issued by the health officer
except on the filing of an application to the health officer on a form furnished
by hi..-, for such purpose, and on payment by the ap ;licant of a permit fee of '1.00
and until the establishment for which such permit is desired shall be inspected by
the health officer and found b; him to comply in all respects with the require,nents
of this ordinance. Every permit shall expire on December 31 after date of issue
and must be renewed on January 1st of each year. All permit fees shall be paid
into the City Treasury. Such a permit may be suspended by the health officer for
such length of time and under such conditions as the health officer may prescribe,
or may be revoked after an opport-uity for a hearing by the health officer, upon
the violation by the holder of any of the terms of this ordinance. Any permit
issued in December 1942 shall not expire until December 31, 1943.
Section 4. Examination and condemnation of unwholesome or adulterated food or
drink. Samples of food and drink may be taken and examined by the health officer
as often as he deems necessary for the detection of unwholesomeness or adulteration.
The health officer may condemn and forbid the sale of, or cause to be removed or
destroyed, any food or drink which he deems unwholesome or adulterated.
Section 5. Inspection. As often as the health officer may deem necessary and
at least once every two months, he shall inspect every est=mblishment covered by
the terms of this ordinance, located within the City of Salina. In case the
health officer discovers the violation of any item of sanitation required by this
ordinance, or other violation of any of the provisions of this ordinance, he shall
make a second inspection after the lapse of such time as he deems necessary for the
defect to be remedied, and the second inspection shall be used in deter:n'ning
compliance with the reouirements of t%is ordinance, unless in the opinion of the
health officer the violation is flagrant and of such nature as to require L--nnediate
suspension or revocation of the permit, and in such event the health officer shall
have authority to suspend or revoke such permit immediately on such first inspection.
Any violation of the same item of this ordinance on two consecutive ins)ecticns
shall call for immediate suspension of permit, or health of 'icer may, aft<r hearing
as provided for in this ordinance, revoke such permit if in his opinion the violation
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of this ordinance is of such n.ture as to require such revocation of the same.
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If a permit is revoked or suspended, the health officer shall remove the
permit from the establishment to vdiich it was issued, and shall retain the same
until such time as the same may be reinstated.
One copy of the inspection report shall be posted by the health officer
in a conspicuous place upon an inside wall of the establishment and said in-
spection report shall riot be defaced or removed by any person except the health
officer. Anot#er copy of the inspection report shall be filed in the office of
the City Clerk.
Section 6. Sanitation keauirements. All establishments covered by this
ordinance shall comply with all of the following; items of sanitation.
Item 1. floors. 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 con-
struction as to be easily cleaned, shall be smooth, and shall be kept clean and
in food repair.
Item 2. 'galls and ceilings. "galls and ceilings of all rooms shall be
kept clean and in rood repair. All :^:alls and ce__lings of rooms in wt-lich food
or drink is stored or preapred shall be finished in li^,ht color. The walls of
all rooms in which food or drink is .prepared or utensils are --ashed shall have
a smooth, ti=rashable surface up to the level reached by splash or spray.
Item 3. Doors and windows. ghen flies are prevalent, all openings into
the outer air shall be effectively screened and doors shall be: self-closing,
unless oti,_er eff- etive means are provided to prevent the entrance of flies.
Item 4. Lighting. All rooms in which food or drink is stored or prepared
or in which utensils are washed shall be well lighted.
Item S. Ventilation. All roo.s in which food or drink is stored, prepared
or served, or in which utensils are washed, shall be well ventilated.
Item 6. Toilet facilities. Every establishment covered. by this ordinance
shall be ;)rovided with adequate and conveniently located toilet facilities for
its emplo^rees, conforming with the ordinances of the City of Salina. In establish -
:lents hereafter constructed toilet rooms shall not open directly into any rc.om in
which food, drink, or utensils are handled or stored. The doors of all toilet
rooms shall be self-closing. Toilet roons shall be kept in a clean cond.it'o ,
in rood repair, and well li-hted and ventilated. 11and-wasninf, sir -ns shall be
posted in each toilet room used by employees. In case privies or earth closets
are permitted and used, they shall be separate from the building; in which the
establishment is located, and shall be of sanitary type constructed and operated
in conformity with the standards of the State Loard of Health.
If toilet facilities are provided for patrons, they stall be separated from
and in addition to those 2rovided for employees, but shall co1:._)ly with the same
rec,,i_.re,nents. No patrons shall be ermitted to use any toilet facilities provided
for em-oloyees.
Item 7. 'tater Sunly. The hater sup)ly shall be easily accessible to all rooms
in vriiich food is prepared or utensils are washed, and shall be adecuate, and of a
safe sanitary quality.
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Item 8. Lavatory facilities. Adequate and convenient hand -washing facilities
for employees shall be provided, inciuding warm water, soap, and approved sanit-.ry
towels. The use of a common towel is prohibited. _�o eriployee shall resume work
after using the toilet room without first washinC his hands.
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Item 9. Construction of utensils and eauip_nent. All multi -use utensils and
all show and display cases or windovts, counters, shelves, tables, refrigerating
equi-7,nent, sinks and other equipment or utensils used in connection kith the
operation of a restaurant or in the handling or display of meats or bulk foods
of any kind shall be so constructed as to be easily cleaned and shall be kept
clean and in good re -)air.
Item 10. Cleaning and bactericidal �treat:rent -of utensils and�equi�,._ent. All
equipment, includirit r'.isplay cases or windov.•s, counters, shelves, to les, refrigera-
tors, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt in-
sects, and other contaminatin` material. All cothes used by waiters, chefs, and
other e.nployees shall be clean. Single -service containers shall be used only once.
All multi -sue eating and drinking utensils shall be thoroughly cleaned and
effectively subjected to an approved bactercidal process after each usaE-e. All
multi -use utensils used in the preparation or servir_,; of food and drink shall be
thoroughly cleaned and eff=ctively subjected to an approved bactericidal _process
Lniiediately following each day's operation. Drying• cloths, if used, shall be
clean and shall be used for no other purpose.
Item 11. Storage and -handling of utensils and equipment. After bactericidal
treatment no utensil shall be stored except in a clean dry place protected from
flies, dust, or other contamination, and no utensil shall be handled except in
such a manner as to prevent contamination as far as practicable. Single -service
utensils shall be )urchased only in sanitary containers, shall be stored therein
in a clean dry place until used, and shell be handled in a sanitary manner.
Item 12. Dis.)osal 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.
Item 13. Refrigeration. All readily perishable food or drink shall be kept
at or below 500''. except when being prepared or served. waste v:ater from re-
frigeration equi-pnent shall be properly disposed of
j Item 14. Viholesomeness of food and drink. All food and drink shall be
wholesome and free from spoilage. All milk, fluid milk ;products, ice cream,
and other frozen desserts served shall be from sources approved by the health
officer. !,;ilk and fluid milk products shall be served in the original con-
tainers in which they were received from the distributor or from a bulk con-
tainer equipped with an approved dispensing device: Provided, that this re-
gzirement shall not apply to cream, which ,nay be served from the original
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bottle or from a dispenser approved for such service. All oysters, clams and
mussels shall be from approved sources.
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Item 15. Storage and display of food and drink. All food and drink shall
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so stored and displayed as to be protected from dust, flies, vermin, unnec-
essary handling, droplet infection, overhead leakage, and other contamination.
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Teo ani,aals or fowls shall be kept or allowed in any room in O:hich food or drink
is prepared or stored. All means necessary for the elur,:ination of flies shall be
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used.
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Item 16. Cleanliness of eraploVees. All employees shall wear clean garments
and shall keep clean at all times vrhile engaged in handling food, drink, utensils,
or eauip.uent.
Item 17. Iviiscellaneous. The premises of all establishments covered by this
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ordinance shall be kept clean and free of litter or rubbish. None of the opera-
tions connected with any such establishment shall be conducted :in any room used
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as living or sleeping quarters. Adequate lockers or dressing rooms shall be pro-
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vided for employees' clothing and shall be kept clean. coiled linens, coats,
and aorons shall be kept in containers provided for this purpcses.
Itinerant Restaurants. Itinerant restaurants shall be constructed and operated
in a manner approved by the health officer.
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Section 7. Establishments which pray overate. From and after the date on
which this ordinance takes effect no establishment covered by this ordinance
shall be operated i%,itzin the City of Salina, or its police jurisdiction, unless
it conforms with the requirements of this ordinance, Provided, That when any
such establishment fails to maintain the standards herein required, the health
officer is authorized to revoke the permit or in lieu triereof, :gin ;6iis discretion,
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to suspend sane for such ;period as he may determine and fix in the order requiring
compliance with the requirements of this ordinance, and fixing the time for such
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compliance, as he .ray deem necessary.
Section 8. Reinstatement of permit. Any establishment the permit of which
has been suspended or revoked, ;may at any time Make application for the reinstate-
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ment of the ,)ermit.
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Yiithin one week after the receipt of a satisfactory application, accompanied
by a statement signed by the applicant to the effect that the violated item or
items of the specifications have been conformed with, the health officer shall
make a reinspection, and titereafter as many additional reinspections as he .may
deem necessary to assure hi.;,self that the applicant is again complying with the
requirements, and, in case the findings indicate compliance, scall have authority
to reinstate the permit.
Section 9. Poisonous substances. No article, polish, or other substance con—
taining any cyanide preparation or other poisonous material shall be used for the
cleansing or polishing of utensils.
Section 10. Notification of disease. Notice shall be sent to the health
officer imaediately by the eti^mer or manager of any establishnent covered by this
ordinance or by the employee concerned if he or any employee contracts any in—
fectious, conta-ious, or coraunicable disease, or has a fever, a skin eruption,
a cough lasting -pore than 3 weeks, or any other suspicious sympton. It shall be
the duty of any such employee to notify such owner or :nana`er inunediately wnen
any of said conditions obtain, and if nei.tner the manager nor the employee concerned
notifies tht health officer immediately v✓nen any of said conditions obtain tney
shall be held jointly and severally to have violated this section. A placard
containing the foregoing provisions of this section shall be posted in all toilet
rooms. Every owner or operator of any such establishiaent shall keep in such
establishment, open to the inspection of the health officer, a permanent list of
all employees, shoing the hame, address and ace cf each er:iployee, and date of
employ sent, and shall rote thereon when such employment is terminated, and such
list shall not be altered, defaced or destroyed without the consent of the health
of 'icer.
Section 11.� Procedure when,infectiol exists or is suspected. ''henever any
employee or the owner or :n maF er or other person in any :Manner connected with
the operation of any establish+mnt covered by this ordinance contr,,cts or has,
or is s_-:spected of having any infectious, contagious or cammunicable disease,
or wnenevefl suspicion arises as to the possibility of the transmission by any
such person if any such disease or infection or any contamination therefrom, or
wnenever the health officer deems it to be necessary, the health officer shall
either at his own instance, or unon information furnished by, or at the request
of, the medical officer of any railitary organization which is quartered in Saline
County, Kansas, or the Saline County Medical Associat on, require any or all of
the following measures: (1) the inuaediate exclusion of such employee or otter
person from the establisPunent, covered by this ordinance, with which he or she
is connected; (2) the immediate closing of such establishment until no
further danT,er of the corun i icat �.on or transmission of such disease, infection
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or contamintion exists, in the opinion of the he--lth of'ficer; (3) adequate
medical examination of any such employee or other person or ]-,is or tier
associates, with such laboratory exarair_ .tions as :nay be indicated, and the
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furnis'_iing to the health officer, by and at the expense of the person so ex-
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%mined, a physician's certificate showing such examination and laboratory
tests and the results thereof. The health officer may at any time direct and
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shall at the request of any military medical officer of any r;:ilitary organization
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herein referred to or at the request of the Saline County ivec.ical Society direct
any such person to submit himself or herself to such examination and tests by
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any physician designated the health officer or by the medical officer of any
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military organization herein referred to, or by the Saline County :Medical
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Association, and the person so examined shall pay the expense of such examina-
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tion and furnish a certificate thereof to the health officer. Any such military
medical officer or the Saline County ::edical Association shall have the right
to make any inspection or examination provided for by the orc.inance. 'No employee
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or other Terson connected with any establishment covered by this ordinance who
refuse to comply with any requirement of this ordinance or with any requirement
of the health of-'icer as provided forherein, or who shall refuse to submit to
any physical examination or to furnish a certificate thereof as reciuired by this
ordinance shall thereafter be employed by or in any manner connected with any such
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establishment, and the presence of any such employee or other person in any such
establishment after such refusal shall require the i1r,Trnediate revocation of any
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permit issued to such esti-.blishment.
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Section 12. Enforcementinterpretation. This ordinance shall be enforced by
the health officer in accordance with the interpretations thereof contained in
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the 1940 edition or any subsequently published edition of the U. S. P,_lblic Health
Service Code Regulating Eating and Drinking Establishments, a. certified cony of
aich shall be on file at the office of the health officer.
Section 13. Penalties. Any person who violates any provision of this ordin-
ance shall, in addition to the otter remedies of suspension or revocation of
?ermits as herein provided for, be fined not less than 410.00 or more than 4100.00,
or be imprisoned in the City Jail for not to exceed 30 days, or nay be punished
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by both such fine and imprisonment, at the discretion of the court --laving juris-
diction. Each and every violation of any provision of this ordinance, and each
day upon rhich any violation shall continue, shall constitute a separate offense.
Section 14. Effective Date. This ordinance shall be in full force and
effect after its -'),),blication in the official city ne-wspaper.
Section 16. Unconstitutionality clause. Should any sect ion paragraph,
sentence, clause, or phrase of this ordinance be declared unconstitutional or
invalid for any reason the remainder of said ordinance shall not be affected
thereby.
Introduced, E7ovember 23, 1942
Passed, N-ovember 30, 1942
Ed-ldorgenstern
Mayo r
Attest: Chas. E. Banker
City Clerk
STA!'E OF !^ A',,,SAS
) SS
CU�--.TY i.? 6.ALI'-;E
I, Chas. E. Banker, City Clerk of the City of Salina, hansas, do hereby
certify that the above and fore`-oin,-.- is a true and correct co -)y of Ordinance
No. 5024 passed and a.-oroved by the Board of Coia,issioners of the City of
Salida 'glove-mber 30, 1942; and a record of the vote on its finalsdopt-ion is
found on page Journal No. 15.
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Chas. E. Banker, City clerk
(Published in the Salina Journal o�°�J i 1942)
OtiuIrli_ Cr ItiO. 5024
AJ C,RD LI.aXCIE requiring permits for the operation of restaurants, grocery
stores, meat markets, bakeries, bottling works, and other establish-
ments which serve, produce, sell or dispense food or drink, prohibit-
ing the sale of adulterated, unwholesome or misbranded food or drink,
regulating and providing for the inspection of such establishments,
defining certain terms used in this ordinance and providing for the
enforcement thereof, and for penalties for its violation.
BE 1T uRDALI_M by the Board of Co:unissioners of the City of Salina, Kansas:
Section 1, Definitions: The following definitions shall apply in
the interpretation and the enforcement of this ordinance:
A. Restaurant. The term "restaurant" shall mean restaurant, coffee
shop, cafeteria, short order cafe, luncheonette, tavern, sandiNich stand,
soda fountain, and all other public eating and drinking esta.blishnents,
as well as kitchens in which food and drink are prepared for sale else-
where to the public.
B. Itinerant Restaurant. The term "Itinerant Restaurant" shall mean
any restaurant operating for a temporary period in connection with a fair,
carnival, circus, public exhibition, or other similar gatherings.
C. Grocery Stores and 1eat Markets. The terms "Grocery Stores" and
"cleat Markets" mean establish:�ents which sell, handle and deal in bulk or
package food, meats and provisions for human consumption.
D. Bakery. The term "Bakery" means any establishment where bread,
cakes, pies and other foods are baked or cooked, or are produced, handled,
dealt in, sold or kept for sale for human consumption.
E. Bottling works. The term "Bottling forks" means any establishment
where beverages of any kind, except milk or milk products, are produced,
prepared, manufactured and bottled or prepared for bottling.
F. Other Establishments. The term "Other Establishments" means any
establishment, in addition to those specifically mentioned herein, and
except establishments otherwise regulated by ordinance, where food or
drink for human consumption is prepared, produced, handled, served or sold.
G. Employee. The term "Etnplcyee" shall :Wean any person who handles
food or drink during storage, sale, preparation or serving, or who comes
in contact with any eating or cooking utensils, or who is employed at any
time in a room in which food or drink is prepared or served.
H. Utensils. "Utensils" shall include any kitchenivare, tableware,
glassware, cutlery, utensils, containers, or other equti�
ipment with nich
food or drink comes in contact during storage, preparation, or serving.
I. Health Officer. The term "health officer" used in this ordinance
shall mean the officer of the City of Salina who shall be appointed and
designated as such, or his aut.orized representative or assistant.
J. Person. The word "person" shall mean person, firm, corporation,
or association.
Section 2. Permits Required: It shall be unlawful for any person
who does not possess an unrevoked and unsuspended permit from the health
officer and in whose place of business such permit is not posted in a
conspicuous place, to operate in the City of Salina any restaurant,
grocery store, :neat market, bakery, bottling works, or other establishment
where food or drink is produced, sold, prepared or served. Only persons
who co.iply wit# the r equirements of this ordinance shall be entitled to
receive and retain such a permit. A person conducting an itinerant restaurant
may, in the discretion of the health officer, be exempted from the require-
ments for the securing of a permit to such extent as may be authorized by
the health officer.
Section 3. Permits Issued. No permit shall be issued by the health
officer except on the filing of an application to the health officer on a
form furnished by him for such purpose, and on payment by the applicant of
a permit fee of $1.00 and until the establish:aent for which such permit is
desired shall be inspected by the health officer and found by him to comply
in all respects with the requirements of this ordi,ance. Every permit shall
expire on December 31 after date of issue and must be renewed on January 1st
of each year. All permit fees shall be paid into the City Treasury. Such a
permit may be suspended by the health officer for such length of t.hae and
under such conditions as the health officer may prescribe, or may be revoked
after an opportunity for a hearing by the health officer, upon the violation
by the holder of any of the terms of this ordinance. Any permit issued in
December 1042 shall not expire until December 31, 1943.
Section 4. Examination and condemnation of unwholesome or adulterated
food or drink. Samples of food and drink may be taken and examined by the
health officer as often as he deems necessary for the detection of unwhole-
someness or adulteration. The health officer may condemn and forbid the
sale of, or cause to be removed or destroyed, any food or drink which he
deems unwholesome or adulterated.
Section 5. Inspection. As often as the health officer may deem
necessary and at least once every two months, he shall inspect every
establishment covered by the terms of this ordinance, located within
the City of Salina. In case the health officer discovers the violation
of any item of sanitation required by this ordinance, or other violation
of any of the provisions of this ordinance, he shall make a second in-
spection after the lapse of such tirle as he deems necessary for the defect
to be remedied, and the second inspection shall be used in determining
compliance with the requirements of this ordinance, unless in the opinion
of the health officer the violation is flagrant and of such nature as to
require immediate suspension or revocation of the permit, and in such event
the health officer shall have aut:iority to suspend or revoke such permit
immediately on such first inspection. Any violation of the same item of
this ordinance on two consecutive inspections shall call for iMT.ediate
suspension of permit, or health officer may, after hearing as provided
for in this ordinance, revoke such permit if in his opinion the violation
of this ordinance is of such nature as to require such revocation of the
same.
If a permit is revoked or suspended, the health officer shall remove
the permit from the establishment to which it vias issued and shall retain
the same until such time as the same may be reinstated.
One copy of the inspection report shall be posted by the health officer
in a conspicuous place upon an inside wall of the establishment 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
in the office of the City Clerk.
Section 6. Sanitation requirements. XXX All establishments
covered by this ordinance shall comply with all of the following ite:as of
sanitation.
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Item 1. Floors. The floors of all rooms in which food or drink is
s tored, 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.
Item 2. Fyalls and ceilings. Qualls 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 have a smooth, washable surface up to the level reached by splash or
spray.
Item 3. Doors and windows. %hen 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.
Item 4. Lighting. I All rooms in which food or drink is stored or
prepared or in which utensils are washed shall be well lighted.
Item 5. Ventilation. All rooms in which food or drink is :stored,
prepared or served, or in which utensils are washed, shall be well
ventilated.
Item 6. Toilet facilities. Every establishment covered by this
ordinance shall be provided with adequate and conveniently located toilet
facilities for its employees, conforming with the ordinances of the City
of Salina. In 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 by employees. In case privies or earth closets are permitted and
used, they shall be separate from the building in which the establishment
is located, and shall be of sanitary type constructed and operated in con -
fortuity witU the standards of the State Board of Health.
If toilet facilities are provided for patrons, they shall be separated
from and in addition to those provided for employees, but shall comply with
the same requirements. No patrons shall be y)ermitted to use any toilet
facilities provided for employees.
Item 7, Water Supply. The water supply shall be easily accessible
to all rooms in which food is prepared or utensils are washed, and shall
be adequate, and of a safe sanitary quality.
Item 8. Lavatory facilities. Adequate and convenient hand -washing
facilities for employees shall be provided, including warm water, soap,
and approved 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.
Item 9. Construction of utensils and equipment. All multi -use
utensils and all show and display cases or windows, counters, shelves,
tables, refrigerating equipment, sinks and other equipment or utensils
used in connection with the operation of a restaurant or in the handling
or display of meats or bulk foods of any kind shall be so constructed as
to be easily cleaned and shall be kept clean and in good repair.
Item 10. Cleaning and bactericidal treatment 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 material.
All clothes 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 multi4que utensils used in the preparation cad serving; of food
and drink shall be thoroughly cleaned and effectively subjected to an
each
approved bactericidal process immediately following; XM day's operation.
Drying cloths, if used, shall be clean and shall be used for no other
purpose.
Item 11. Storage and handling of utensils and equipment. After
bactericidal treatment no utensil shall be stored except in a clean dry
place protected from flies, dust, or other contamination, and no utensil
shall be handled except in such a manner as to prev6nt contamination as
far as practicable. Single -service utensils shall be purchased ky only
in sanitary containers, shall be stored therein in a clean dry place until
used, and shall be handled in a sanitary manner.
Item 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.
Item 13. Refrigeration. All readily perishable food or drink shall
be kept at or below 500F. except when being prepared or served. Yaaste
water from refrigeration equipment shall be properly disposed of.
Item 14. Wholesomeness of food and drink. All food and drink shall
be wholesome and free from spoilage. All milk, fluid milk products, ice
cream, and other frozen desserts served shall be from sources approved
by the health officer. Milk and fluid milk products shall be served in
the 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 approved sources.
Item 15. Storage and display of food and drink. All food and drink
shall be so stored and displayed as to be protected from dust, flies,
vermin, 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 shall be used.
Item 16. Cleanliness of employees. All employees shall wear clean
garments and shall keep clean at all times while engaged in handling food,
drink, utensils, or equipment.
Item 17. Miscellaneous. The premises of all establishments covered
by this ordinance shall be kept clean and free of litter or rubbish. None
of the operations connected with any such establishment shall be conducted
in any room used as living or sleeping quarters. Adequate lockers or dress-
ing 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.
Itinerant Restaurants. Itinerant restaurants shall be constructed
and operated in a manner approved by the health officer.
Section 7. Establishments which may operate. From and after the
date on which this ordinance takes effect no establishment/ covered by
this ordinance shall be operated within the City of Salina, or its police
jurisdiction, unless it conforms with the requirements of this ordinance,
Provided, That when any such establishment fails to maintain the standards
herein required, the health officer is authorized to revoke the permit or
in lieu thereof, in his discretion, to suspend same for such period as he
may determine and fix in the order suspending the same to make such order
requiring compliance with the requirements of this ordinance, and fixing
the time for such compliance, as he may deem necessary.
Section 8. Reinstatement of permit. Any establishment the permit of
which has been suspended or revoked, may at any time make application for
the reinstatement of the permit.
Within one week after the receipt of a satisfactory application,
accanpanied by a statement signed by the applicant to the effect that
the violated item or items of the specifications have been conformed
with, the health officer shall make a reinspection, and thereafter as
many additional reinspections as he may deem necessary to assure himself
that the applicant is again complying with the requirements, and, in case
the findings indicate compliance, shall have authority to reinstate the
permit.
Section 9. Poisonous substances. No article, polish, or other
substance containing any cyanide preparation or other poisonous material
shall be used for the cleansing or polishing of utensils.
Section 10. Notification of disease. Notice shall be sent to the
health officer immediately by the owner or manager of any establishment
covered by this ordinance or by the employee concerned if he or any employee
contracts any infectious, contagious, or communicable disease, or has a fever,
a skin eruption, a cough lasting more than 3 weeks, or any other suspicious
sympton. It shall be the duty of any such employee to notify such owner or
manager immediately when any of said conditions obtain, and if neither the
manager nor the employee concerned notifies the health officer immediately
when any of said conditions obtain they shall be held jointly and severally
to have violated this section. A placard containing the foregoing provisions
of this section shall be posted in all toilet rooms. Every owner or operator
Of any such establishment shall keep in such establishment, open to the
inspection of the health officer, a permanent list of all employees, show-
ing the name, address and age of each employee, and date of employment, and
shall note thereon when such employment is terminated, and such list shall
not be altered, defaced or destroyed without the consent of the health officer.
Section 11. Procedure when infection exists or is suspected. whenever
any employee or the ovn er or manager or other person in any manner connected
w4ith the operation of any establishment covered by this ordinance contracts
or has, or is suspected of having any infectious, contagious or communicable
disease, or whenever suspicion arises as to tae Possibility of the transmission
a* by any such aerson if any such disease or infection or any contamination
therefrom, or whenever the health officer deems it to be necessary, the Health
officer shall either at his ovm instance, or upon i.tfor:-nation furnished by, or
at the request of, the medical officer of any iuilitary organization which is
quartered in Saline County, Kansas, or the Saline County:edical Associa.tic;n,
require any or all of the followi,g measures: (1) the immediate excll;sion of
such employee or other person from the establishment, covered by this ordin-
ance, with which he or she is connected; (2) the immediate closing of such
establishment until no further danger of the communication or transmission
of such disease, infection or contamination exists, in the opinion of the health
officer; (3) adequate medical examination of any such employee or other person
or his or her associates, with such laboratory examinations as -may be indicated,
and the furnishing to the health officer, by and at the expense of the person
so examined, a physician's certificate showing such examination and laboratory
tests and theresults thereof. The health officer may at any time direct and
shall at the request of any military medical officer of any military organiza-
tion herein referred to or at the request of the Saline County Medical Society
direct any such person to submit himself or herself to such examination and
tests by any physician designated the health officer or by the medical officer
of any military organization herein referred to, or by the Saline County Medical
Association, and the ?erson so examined shall pay the expense of such examination
and furnish a certificate thereof to the health officer. Any such lailitary medical
Officer or the Saline County lriedical Association shall have the right to :Hake
any inspection or examination provided for by the ordinance. iuo employee or other
person connected with any est blishment covered by this ordinance who refuse to
comply :with any requirement of this ordinance or With any requirement of the
health officer as provided for herein, or who shall refuse to submit to any physical
examination or to furnish a certificate thereof as required by this ordinance shall
thereafter be ealployed by or in any manner connected .pith any such
establishment, and the presence of any such employee or other person
in any such establishment after such refusal shall require the immediate
revocation of any permit issued to such establishment.
Section 12. Enforcement interpretation. This ordinance shall be
enforced by the health officer in accordance with the interpretations
thereof contained in the 1940 edition or any subsequently published
edition of the U. S. Public Health Service Code Regulating Eating and
Drinking Establishmnts, a certified copy of which shall be on file at
the office of the health officer.
Section 13. Penalties Any person who violates any provision of
this ordinance shall, in addition to the other remedies of suspension
or revocation of permits as herein provided for, be fined not less than
410.00 or more than $100.00, or be imprisoned in the City Jail for not
to exceed 30 days, or may be punis#ed by both such fine and imprison-
ment, at the discretion of the court having jurisdiction. Each and every
violation of any provision of this ordinance, and each day upon which
any violation shall continue, shall constitute a separate offense.
Section 14. Effective Date This ordinance shall be in full force
and effect<'�,��c,��._ afiar its publication
in the official city newspaper.
Section 4. Unconstitutionality clause. Should any secticn,
paragraph, sentence, clause, or phrase of this ordinance be declared
unconstitutional or invalid for any reason the remainder of said ordinance
shall riot be affected thereby.
Introduced, November 23, 1942
Passed, November 30, 1942
Mayor
Attest: '
Cit