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HomeMy WebLinkAboutOrdinance No. 282ORDINANCE NO . 2 8 2 AN ORDINANCE OF TIE CITY COUNCIL OF THE CITY OF AZUSA, REGULATING THE SANITARY CONDITION WITHIN OR SUR- ROUNDING "FOOD ESTABLISHMENTS" AND REQUIRING ALL PERSONS b7ATNTAINING FOOD ESTABLISHMENTS TO OBTAIN A PF11AITT THERE- FORE AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH A^?D PROVIDING PENALTY MR VIOLATION THEREOF. The City Council of the City of Azusa do ordain as follows: Section 1: (Definitions.) 1. The term "food stuffs", as used in this ordinance, is hereby definedto mean flour, flour products, meat and animal products, produce, groceries, cereals, grain and the products of cereals and grain, poultry and its products, game, birds, fish, vegetables, fruits, milk, or dairy products, ice cream, liquid refresh- ments of any character, or any combination of any one or more of the foregoing. 2. The term "food handler" shall mean and include any person who engages or serves in an.y work, occupation, or employment which requires or occasions the handling of any food or drink for human consumption or the handling of any dishes or other articles used in the preparation or service of such food or drink. 3. The term "food establishment" shall mean and include any buildi_?lr-, room, basement or cellar; structure, stand establishment, or other place where any food, food stu�fs, or food products, liquids or material intended for food or drink for human consump- tion are handled, prepared, or served, sold or offered for sale. Section 2: (Permit Required for(Conducting) ( Food Establishments: ) 1. Any person who is engaged in or intends to engage in the business of conducting a food establishment shall file with the Health Officer of the City of. Azusa the correct name and address of all persons interested in such establishment, either as owner, propri- eter or manager, together with a request for a permit therefore. However, the permit is not to be issued until the applicant has complied with all the -requirements of the State Laws, County Ordinances of the County of .Los Angeles, California, and City Ordinances of the City of Azusa, as appertains to the Housing, Plumbing and Sanita- tion of these places of business. It shall be unlawful -1- 14 for any person to open, maintain, engage in the business of or conduct any food establishment without applying for and obtaining such permit from.the Health Officer of said City. Section 3: (Permit Revocable.) 1. Failure of any person to comply with any State Law or Ordinances of said Los Angeles County or of the City of Azusa, relative to food establishments, or rule or regulation of the Healt'. Department is deemed sufficient cause for revocation by the Health Officer, of any permit to operate a food establishment, and it shall be the duty of the Health Officer to revoke any such permit for any violation hereof. Section 4: 1. It shall. be the duty of the Health Officer of the City of Azusa or his subordinate to inspect at frequent intervals each food establishment where food is sold or prepared for sale in the City of Azusa and to carefully examine and inspect any food stuffs or provisions therein kept or sold. Section 5: (Inspection of Food Establishments.) 1. It shall be unlawful for the owner of any food. establishment to refuse admissinn into such establishment to the health Off;.cer or his Deputies, in the lawful performance of their duties. Section 6: (Cleansing and Disinfection of Eating and Drinking Utensils.) 1. The use or the exposure for use of any glass, cup, spoon, fork, or other utensil used for the public sale or dispensing of liquids, beverages, drinks, food or other refreshments after having been once so used is hereby declared to be dangerous to the public health and unlawful unless the said articles or utensils shall, have been previously thoroughly cleansed and steri- lized. Section 7: (Communicable Diseases.) 1. It shall be unlawful for any person affected with any infectious disease in a communi- cable form or knowing himself affected with such disease, or without a Health Certificate as provided for in this ordinance, to engage in or serve in the business of a food handler in this City. Section 8: Each person who may be engaged in or intends to engage in an occupation in which, under Section 7 hereof, a health certificate is required, shall of each year file with the Health Officer of said City and application for a certificate of health. Such. application may be accompanied by a statement over the signature of a physician duly authorized to practice medicine in the State of Califon'- showing the result of the complete physical examination of such person. If any tests shall have been made in any bacteriological laboratory a statement showing the result thereof, signed by the bacteriologist who con- -2- t ducted such test shall also be presented. Any such person in filing his application for a certificate of health may request that the physical. examination be made by the Health Officer of the City, whereupon it shall be the duty of the Health Officer to make the necessary physical examination without charge. It the Health Officer shall determine from an examination of statements accompanying such application or from his -o-wn examination or from such other evidence as he may require that the applicant for a health certificate is free from infectious and communicable diseases, he shall issue a certificate of. health. No such certificate shall have any validity, force or effect after the 30th day of June next succeeding its date, and any person who may be engaged in any work, occu- pation or service covered by Section shall exhibit such certificate whenever requested to do so by any City inspector or by the employer of such person. It shall be unlawful for any person to obtain such examination from said Health Officer without being engaged or intending to engage in such work, occupation or service, and it shall be unlawful for any person to make any false statement or representation for the purpose of obtaining such examination, or for the purpose of obtaining any such certificate. It shall be un- lawful for any person who may have obtained such certificate to give or loan the same or allow anyone else to use the same, and it shall be unlawful for any person to use or ex- hibit as his or hers any certificate which may have been issued to some other person, or to state or represent that he or she hps obtained or has such certificate, when such is not the fact. Any person who may be engaged in the work covered by this section, shall, whenever required by the Health Officer of this City or any of his authorized assistants, submit to a further examination for the purpose of determining whether or not such person has contracted any infectious or communi- cable disease since the previous examination or whether or not such person has such disease, and it shall be unlawful for any person to continue in such work, employment or ser- vice unless a further examination be taken and such person found to be free from such disease, and if such person be found to be affected with such disease it shall be unlawful for such person to keep or have any certificate previously issued, and such person shall surrender and turn over such certificate to the health Officer of this City or his auth- orized assistants for concellation, and it shall be unlawful for any such person to refuse or neglect to do so. Section 9: (Unlawful to Employ.) l.. It shall be unl,rrwful for any owner of any food establishment to employ or retain in his employ for the performance of such service any food handler who is affected with a communicable disease. Section 10: (Penalties.) 1. Any person violating any of the provisions of this ordinance, or who shall. oppose or impede any officer of this City or his deputies in the execution of his duties hereunder, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished -3- i r S by a fine in the sum of not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the City Jail for a period not exceeding six (6) months, or by both such fine and im- prisonment. Section ll: (Legality.) 1. If any section, sub -section, sentence, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this or- dinance. The City Council hereby declares that it would have p^ssed this ordinance and each section, sub -section, sentence, clause or phrase thereof irrespective of the fact that any one or more of the sections, sub -sections, sentences, clauses or 1hrases be declared unconstitutional or invalid. Section 12: That the City Clerk shall certify to the passage of this ordinance and shall cause the same to be published in one regular issue of the Azusa Herald, a weekly newspaper of general circulation, established, printed and published in the Citi- of Azusa. I hereby certify that the foregoing ordinance was duly passed by the City Council of the City of Azusa at a regular adjourned meeting held May 13, 1929, by the following vote of the City Council: AYES: Councilmen: Johnson, Mace, Muehe, Meier. NAPES: None. ABSENT: Councilman Demmitt. City Clerk of the rity of Azusa. APPROVED THIS DAY OF , 1929. Mayor of the City of Azusa. -4-