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Location: cityofbardstown.org > Ordinances Food Sales
Section ll2.0l Definitions ll2.99 Penalty § ll2.0l DEFINITIONS. For the purpose of this chapter the following words and phrases shall have the following meanings ascribed them respectively. (A) "EMPLOYEES." Any person who handles food or drink during 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. (B) "FOOD ESTABLISHMENT." A place where food or beverages intended for human consumption are manufactured, prepared, kept, handled, stored or offered for sale and shall include grocery stores, meat markets, restaurants, cafeterias, coffee shops, short order cafes, luncheonettes, taverns, sandwich stands, soda fountains, bakeries, confectioneries, fish markets, beverage manufacturing plants, fruits and vegetable markets, and all other public eating and drinking establishments. (C) "HEALTH OFFICER." The health officer of Nelson County Health Department or his authorized representative. (D) "UTENSILS." Any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation or serving. (Ord. passed 9-l4-48) § ll2.02 PERMITS. (A) It shall be unlawful for any person to operate a food establishment in the city who does not possess an unrevoked permit from the health officer and in whose place of business such permit is not posted in a conspicuous place. Only persons who comply with the requirements of this chapter shall be entitled to receive and retain such a permit. (B) Such a permit may be suspended by the health officer, or revoked after an opportunity for a hearing by the health officer, upon the violation by the holder of any of the terms of this chapter. § ll2.03 PLACARDING OR PUBLIC DISPLAY OF GRADE NOTICE. Every food establishment shall display at all times in a place designated by the health officer, a notice approved by the health officer, stating the grade of the establishment. § ll2.04 EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR ADULTERATED 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. § ll2.05 INSPECTION OF FOOD ESTABLISHMENTS. (A) At least once every 6 months the health officer shall inspect every food establishment located within the city. In case the health officer discovers the violation of any item of sanitation required for the grade then held, 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 determining compliance with the grade requirements of this chapter. Any violation of the same item of this chapter on 2 consecutive inspec- tions shall call for immediate degrading or suspension of permit. (B) One copy of the inspection report shall be posted by the health officer upon an inside wall of the food establishment, and the inspection report shall not be defaced or removed by any person except the health officer. Another copy of the inspection report shall be filed with the records of the health department. § ll2.06 GRADING OF FOOD ESTABLISHMENTS. The grading of all food establishments shall be based upon the following standards: (A) Sanitation requirements for grade A food establishments. All grade A food establishments shall comply with all of the following items of sanitation. (l) Floors. The floors of all rooms in which food or drink is stored, prepared or served or 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 (2) Walls and ceilings. Walls and ceilings of all rooms in which food or drink is stored, prepared or served, 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. (3) Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies. (4) Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted. (5) Ventilation. All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed, shall be well ventilated. (6) Toilet facilities. Every food establishment shall be provided with adequate toilet facilities conveniently located and conforming with the regulations of the state board of health. Toilet rooms shall not open into any room directly 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 toilets are permitted or used, they shall be separate from the building, and shall be of a sanitary type, constructed and operated in conformity with the requirements of the state department of health and state plumbing code. (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 an approved sanitary quality. (8) Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided, including hot running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall return from the toilet room without washing his hands. (9) Construction of utensils and equipment. All eating and cooking 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 food handling establishment shall be so constructed as to be easily cleaned and shall be kept in good repair. (l0) Cleaning and bactericidal treatment of equipment and utensils. (a) 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 cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once. (b) All except single-service eating and drinking utensils shall be thoroughly cleaned and subjected to an approved bactericidal process after each usage. All multi-use utensils used in preparation, cooking, or serving of food and drink shall be thoroughly cleaned and subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils. (ll) Storage and handling of utensils and equipment. After bactericidal treatment no utensils shall be stored except in a clean, dry place, protected from flies, dust, or other contamina- tion, and no utensils shall be handled except in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers and shall be stored therein in a clean, dry place until used. (l2) 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. (l3) Refrigeration. (a) All perishable food or drink shall be kept at or below 50° F. except when being prepared or served. (b) Waste water from refrigeration equipment shall discharge into an open sink or drain, properly trapped and sewer connected, provided that where sewer connections are not available, clean adequate watertight pans may be used. (l4) Wholesomeness of food and drink. All food and drink shall be wholesome and free from spoilage. All milk, milk products, ice cream, and other frozen desserts served shall be of a grade approved by the health officer. Milk, milk products and other beverages 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. (l5) 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, handling, droplet infection, overhead leakage, and other contamination. No animals or fowls shall be kept or allowed in any room in which food and drink is prepared or stored. All means necessary for the elimination of flies, roaches and rodents shall be used. (l6) Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils, or equipment. (l7) Miscellaneous. The surroundings of all food establish-ments shall be kept clean and free of rubbish. None of the operations connected with a food establishment shall be conducted in any room used for domestic purposes. Adequate lockers or dressing rooms shall be provided for employees' clothing. Soiled linens, coats, and aprons shall be kept in containers for this purpose. No spitting in food handling establishments except into proper receptacles. (B) Grade B food handling establishments. Grade B food handling establishments are those which have been found on 2 successive inspections to have violated the same one of any of the following items of sanitation required for grade A establishments: (l), (2), (4), (5), or (l7). Item (7) in a grade B establishment requires cold running water only. (C) Grade C food handling establishments. Grade C establish-ments are those which fail to comply with grade A or grade B requirements. § ll2.07 GRADES OF FOOD ESTABLISHMENTS WHICH MAY OPERATE. No food establishment shall be operated within the city or its police jurisdiction, unless it conforms with the grade A, or grade B requirements of this chapter; provided, that when any food establishments fail to qualify for either of these grades, the health officer is authorized to revoke the permit or in lieu thereof to degrade the food establishment and permit its operation during a temporary period not exceeding 30 days. § ll2.08 REINSTATEMENT OF PERMIT; SUPPLEMENTARY REGRADING. (A) Any food establishment, the grade of which has been lowered and all grade displays have been changed accordingly, or the permit of which has been suspended, may at any time make application for regrading of the reinstatement of the permit. (B) Within one week after the receipt of a satisfactory appli-cation, 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 thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade requirements, and, in case the findings indicate compliance, shall award the higher grade or reinstate the permit. § ll2.09 DISEASE CONTROL. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any food establishment, and no food establishment shall employ any such person or any person suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the food establishment manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the health officer immediately. A placard containing this section shall be posted in all toilet rooms. § ll2.l0 PROCEDURE WHEN INFECTION SUSPECTED. When suspicion arises as to the possibility of transmission of infection from any food establishment employee, the health officer is authorized to require any and all of the following measures: (A) The immediate exclusion of the employee from all food establishments. (B) The immediate closing of the food establishment concerned until no further danger of disease outbreak exists, in the opinion of the health officer. (C) Adequate medical examinations of the employee and of his associates, with such laboratory examinations as may be indicated. § ll2.ll ENFORCEMENT INTERPRETATION. (A) This chapter shall be enforced by the health officer in accordance with the interpretations thereof contained in the l943 edition of the United States Public Health Service Code Regulating Eating and Drinking Establishments, and Instructions for Grading of Food Establishments and Hotels, l946, State Department of Health of Kentucky, certified copies of which shall be on file at the city clerk's office. (B) The Board of Health of Nelson County is authorized to make rules and regulations as are necessary for the enforcement of this chapter.
§ ll2.99 PENALTY. Any person who violates any provision of this chapter shall be deemed guilty of a violation and shall be fined not more than $l00 at the discretion of the court having jurisdiction. Each and every violation of the provisions of this chapter shall constitute a separate offense. 1993 S-10
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