Legislation # 06-0664 Enactment Number none
Type Ordinance - Coded Effective Date none
Introduction Date 11/15/2006
Title AN ORDINANCE TO AMEND CHAPTER 15, OF THE CODE OF THE CITY OF HAMPTON ENTITLED "FOOD AND FOOD ESTABLISHMENTS."
 
Legislation History 06-0664
DateNotice Of ActionDescription
11/15/2006 Adopted on First and Final Reading
11/15/2006 Moved to waive the second reading on consent agenda items 6 through 16.
11/5/2006 Received By Clerk's Office
 
View Attachments 06-0664
FileTypeSizeDescription
Chapter 15 - Food and Food Establishments - REDLINE - October 31, 2006.doc Other 124K Chapter 15 Redlined Version
 
Legislation Text 06-0664

 

City of Hampton, Virginia

Ordinance - Coded

22 Lincoln Street

Hampton, VA 23669

www.hampton.gov

 

File Number: 06-0664

 

Enactment Number: -

 

AN ORDINANCE TO AMEND CHAPTER 15, OF THE CODE OF THE CITY OF HAMPTON ENTITLED "FOOD AND FOOD ESTABLISHMENTS."

 

 

 

 

Chapter 15

 

FOOD AND FOOD ESTABLISHMENTS*

__________

* Cross References: Smoking, Ch. 30.5; food and drink facilities at public swimming pools, 36-58.

State Law References: Food and drink generally, Code of Virginia, 3.1-361 et seq.; authority of city to regulate the sale, preparation and handling of food, Code of Virginia, 35.1-9.

__________

 

Article I. In General

Sec. 15-1. Definitions.

Sec. 15-2. Violations of chapter.

Sec. 15-3. Enforcement of chapter generally.

Sec. 15-4. Exceptions from chapter.

Secs. 15-5--15-20. Reserved.

 

Article II. Food Establishments Generally

 

Division 1. Generally

Sec. 15-21. Approval of plans required prior to construction or alteration.

Sec. 15-22. Certificate of occupancy required prior to operation in existing building.

Sec. 15-23. Inspections generally.

Sec. 15-24. Inspection reports.

Sec. 15-25. Protection of food and drink generally.

Sec. 15-26. Examination and condemnation of food and drink.

Sec. 15-27. General maintenance requirements.

Sec. 15-28. Floors.

Sec. 15-29. Walls and ceilings.

Sec. 15-30. Lighting.

Sec. 15-31. Ventilation.

Sec. 15-32. Water supply; ice.

Sec. 15-33. Disposal of liquid and sanitary wastes.

Sec. 15-34. Toilet facilities.

Sec. 15-35. Hand-washing facilities.

Sec. 15-36. Protection from flies, roaches, etc.

Sec. 15-37. Construction and maintenance of utensils, equipment, etc., generally.

Sec. 15-38. Dishwashing equipment.

Sec. 15-39. Cleaning and bactericidal treatment of multi-use utensils generally.

Sec. 15-40. Use of poisonous material in cleaning or polishing utensils.

Sec. 15-41. Utensils not to be dried with towel.

Sec. 15-42. Disposition of single-service utensils.

Sec. 15-43. Cleaning of multi-use dairy product containers.

Sec. 15-44. Storage and handling of utensils.

Sec. 15-45. Refrigerating equipment.

Sec. 15-46. Animals prohibited; exception.

Sec. 15-47. Use of rooms for domestic purposes.

Sec. 15-48. Processing of food generally.

Sec. 15-49. Cooking of stuffing for turkeys or geese.

Sec. 15-50. Samplings and demonstrations.

Sec. 15-51. Limitation on food that may be sold.

Sec. 15-52. Containers for soiled linens, aprons, etc.

Sec. 15-53. Lockers for employees.

Sec. 15-54. Cleanliness of employees.

Sec. 15-55. Health of employees--Notice of disease.

Sec. 15-56. Same--Procedure when infection suspected.

Secs. 15-57--15-65. Reserved.

 

Division 2. Operator's Permit

Sec. 15-66. Required.

Sec. 15-67. Prerequisite to issuance of license.

Sec. 15-68. Application.

Sec. 15-69. Issuance.

Sec. 15-70. Term.

Sec. 15-71. Posting.

Sec. 15-72. Not transferable.

Sec. 15-73. Revocation.

Sec. 15-74. Closing and padlocking establishment operated without permit.

Secs. 15-75--15-85. Reserved.

 

Division 3. Food Handler's Permit

Sec. 15-86. Required.

Sec. 15-87. To whom issued; temporary permits.

Sec. 15-88. Term.

Sec. 15-89. Posting.

Secs. 15-90--15-95. Reserved.

 

Division 4. Food Service Manager Certificate

Sec. 15-96. Purpose.

Sec. 15-97. Rules and regulations for administration and enforcement.

Sec. 15-98. Food service manager; responsibilities; certification.

Sec. 15-99. Proof of certification.

Sec. 15-100. Exemptions.

Sec. 15-101. Repealed.

Secs. 15-102--15-105. Reserved.

 

Article III. Itinerant Restaurants

Sec. 15-106. Compliance with article.

Sec. 15-107. Cleanliness of premises.

Sec. 15-108. Protection of food, utensils, etc., from contamination.

Sec. 15-109. Food to be clean, wholesome and unadulterated.

Sec. 15-110. Water supply.

Sec. 15-111. Refrigeration facilities; ice.

Sec. 15-112. Toilet and hand-washing facilities for employees.

Sec. 15-113. Cleaning and handling of multi-use utensils.

Sec. 15-114. Garbage and refuse containers.

Sec. 15-115. Disposal of liquid waste.

Sec. 15-116. Health of employees.

Sec. 15-117. Cleanliness of food handlers.

Sec. 15-118. Food handlers not to smoke on duty.

Secs. 15-119--15-135. Reserved.

 

Article IV. Mobile Food Service Facilities Generally

Sec. 15-136. Compliance with article generally.

Sec. 15-137. Closing of facility for noncompliance with article.

Sec. 15-138. Construction and arrangement.

Sec. 15-139. Food to be clean, wholesome and unadulterated.

Sec. 15-140. Temperature control for potentially hazardous food.

Sec. 15-141. Operation in public parks.

Sec. 15-142. Base of operations for pushcarts.

Sec. 15-143. Protective gloves required for pushcart operator.

Sec. 15-144. Approved tongs required for serving hot dogs.

Sec. 15-145. Condiments to be prepackaged.

Sec. 15-146. Maintenance of facilities generally.

Sec. 15-147. Cleaning of equipment.

Sec. 15-148. Containers for garbage and refuse.

Sec. 15-149. Health of employees.

Sec. 15-150. Cleanliness of food handlers.

Sec. 15-151. Operators not to smoke.

Secs. 15-152--15-165. Reserved.

 

Article V. Vehicles Used for Sale of Ice Cream

Sec. 15-166. Definitions.

Sec. 15-167. Compliance with article generally.

Sec. 15-168. Violations of article.

Sec. 15-169. Required signs and clearance lamps.

Sec. 15-170. Operation between 10:00 p.m., and 8:00 a.m., prohibited.

Sec. 15-171. Manner of stopping to dispense or sell products.

Sec. 15-172. Stopping on certain streets prohibited.

Sec. 15-173. Parking on street prohibited when operator not available to dispense products.

 

ARTICLE I.

 

IN GENERAL

 

Sec. 15-1. Definitions.

 

For the purposes of this chapter, the following words and terms shall have the meanings herein ascribed to them, unless the context clearly indicates to the contrary:

 

Eating, drinking and cooking utensils. The term "eating, drinking and cooking utensils" shall mean any kitchenware, tableware, cutlery, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.

 

Employee. The word "employee" shall mean 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 stored, prepared or served.

 

Food. The word "food" shall mean any raw, cooked, or processed, edible substance, ice beverage or ingredient used or intended for use or for sale in whole or in part for human consumption.

 

Food establishment. The term "food establishment" shall mean a restaurant, as herein defined, and shall also include any place where food is prepared or provided and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place, regardless of whether consumption is on or off the premises and regardless of whether or not there is a charge for the food. The term also includes retail food stores and mobile food service facilities. The term does not include private homes where food is prepared or served without compensation for individual family consumption, the location of food vending machines and supply vehicles.

 

Food service manager. The term "food service manager" shall mean an individual having supervisory or management duties and any other person working in a food establishment who may be in charge of its food handling operation and who holds a valid food service manager's certificate issued under section 15-98.

 

Health authority. The term "health authority" shall mean the director of the department of public health or his authorized representative.

 

Mobile food service facility. The term "mobile food service facility" shall include the following:

 

(1) A nonmotorized pushcart which is operated as a self-contained food service facility, in association with an approved base of operations.

 

(2) A motorized vehicle which is operated as a self-contained food service facility containing approved food preparation and handwashing facilities.

 

Potentially hazardous food. The term "potentially hazardous food" shall mean any perishable food which consists, in whole or in part, of milk or milk products, eggs, meat, poultry, fish, shellfish or any other ingredient capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.

 

Prepackaged. The term "prepackaged" shall mean contained in a bottle, can, carton, secure wrapping or other types of containers and includes both hermetically and non-hermetically sealed packaging.

 

Risk assessment. The term "risk assessment" shall mean an evaluation of the potential for a foodborne illness to occur in a food establishment based on a hazard analysis of the food.

 

Restaurant. The word "restaurant" shall mean a restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, hotel dining room, tavern, sandwich shop, soda fountain and any other eating and drinking establishment, including the kitchen of a caterer serving off the premises.

 

Temporary food establishment. The term "temporary food establishment" shall mean a food establishment that operates at a fixed location for a period of not more than fourteen (14) days in conjunction with a single event or celebration.

(Ord. No. 483; Code 1964, 33-1; Ord. No. 906, 9-14-88)

 

Sec. 15-2. Violations of chapter.

 

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 3 misdemeanor. Each day that such a violation exists shall constitute a separate offense.

(Ord. No. 906, 9-14-88)

Cross References: Penalty for Class 3 misdemeanor, 1-11.

 

Sec. 15-3. Enforcement of chapter generally.

 

The director of public health shall be responsible for the enforcement of this chapter. Inspections for the enforcement of this chapter shall be made as frequently as deemed necessary by the director of public health.

(Code 1964, 33-2)

 

Sec. 15-4. Exceptions from chapter.

 

This chapter shall not apply to boardinghouses that do not accommodate transients nor shall it apply to local churches or fraternal, civic and social organizations which hold occasional bazaars of one, two (2) or three (3) days, at which small quantities of food, candy, baked goods and similar delicacies made in homes of members are offered for sale.

(Ord. No. 92; Code 1964, 33-7)

 

Secs. 15-5--15-20. Reserved.

 

ARTICLE II.

 

FOOD ESTABLISHMENTS GENERALLY*

__________

* Cross References: Indecent exposure by waitresses or waiters, 23-13; tax on meals sold by restaurants, 37-226 et seq.

State Law References: Sanitary requirements for food establishments generally, Code of Virginia, 3.1-365 et seq.; regulations of state board of health governing restaurants, 35.1-14.

__________

 

DIVISION 1.

 

GENERALLY

 

Sec. 15-21. Approval of plans required prior to construction or alteration.

 

A building permit for the construction of a new food establishment or for the alteration of an existing food establishment shall not be issued, nor construction thereof begun, without prior written approval of the plans therefor by the director of public health.

 

Sec. 15-22. Certificate of occupancy required prior to operation in existing building.

 

No existing building not previously used for such purposes shall be used for the operation of a food establishment, unless a certificate of occupancy is first issued under the provisions of the building code of other applicable ordinances of the city.

(Ord. No. 428, 8.1-124; Code 1964, 8.1-124)

Cross References: Building code, 9-26 et seq.

 

Sec. 15-23. Inspections generally.

 

The operator of a food establishment shall, upon request of the director of public health, permit access to all parts of the establishment in question at all reasonable times for the purpose of making inspections for the enforcement of this chapter.

(Code 1964, 33-3)

 

Sec. 15-24. Inspection reports.

 

One copy of an inspection report made upon an inspection for the enforcement of this chapter shall be posted by the director of public health upon an inside wall of the food establishment in such a manner as to be conveniently readable by the employees of the establishment, but not by the general public. Such inspection report shall not be defaced or removed by any person, except the director of public health.

(Code 1964, 33-4)

 

Sec. 15-25. Protection of food and drink generally.

 

(a) All food and drink shall be so stored and displayed at food establishments as to be protected from dust, flies, vermin, handling by the public, droplet infection, overhead leakage and other contamination. The use of community sugar bowls is prohibited. All readily perishable food and drink shall be kept at or below forty-five (45) degrees Fahrenheit, except when being prepared or served. All pork products shall be cooked to a minimum temperature of one hundred fifty (150) degrees Fahrenheit. Food stored in steam tables or warming ovens pending service shall be kept at or above one hundred forty-five (145) degrees Fahrenheit. All refrigeration used for the storage of drinks, food or food products, except fish, poultry and vegetables, shall be of a dry storage type where contact is not made with ice or water. Frozen foods shall not be permitted to become defrosted while stored or displayed. If frozen foods should become defrosted through failure of storage unit refrigeration, such defrosted foods shall not be refrozen. All custard pies, custard filled and cream filled pastries and meringue topped pies sold or served by a food establishment shall be cooled to a temperature of forty-five (45) degrees Fahrenheit or less until sold or served. No article intended for human consumption shall be stored, exposed or displayed on the surface of any sidewalk or street or placed in any doorway of or in front of any place of business or in any other place accessible to dogs or other animals.

 

(b) No article shall be stored directly on the floor of any food establishment, but shall be stored on platforms or racks providing clearance of at least one foot above the surface of the floor or upon platforms at least four (4) inches above the surface of the floor, the supporting members of which make a continuous dustproof joint with the floor around the entire perimeter of the platform.

(Code 1964, 33-41)

 

Sec. 15-26. Examination and condemnation of food and drink.

 

Samples of food and drink may be taken from food establishments and examined by the director of public health as often as he deems necessary for the detection of unwholesomeness. The director of public health may condemn, remove and destroy any food or drink which he deems unwholesome. Portions of food once served to customers and left unconsumed shall be deemed unwholesome and shall be destroyed. Food or drink, after having been once condemned by the director of public health or his authorized representative shall not thereafter be removed or disposed of by the operator or employee, except at the direction of, and in accordance with the directions of, the director of public health.

(Code 1964, 33-5)

 

Sec. 15-27. General maintenance requirements.

 

The surroundings of all food establishments shall at all times be kept clean and free of litter or rubbish.

(Code 1964, 33-21)

 

Sec. 15-28. Floors.

 

The floors of all rooms in which food is sold, prepared, dispensed or served at a food establishment, and of all rooms where utensils are washed, shall be of impervious material and of such construction as to be easily cleaned and shall be kept clean and in good repair. Floors in rooms used for storage shall be of smooth, easily cleanable material and shall be kept clean and in good repair. Floors shall be properly graded and free from low spots which will not properly drain. Carpets may be used only in rooms used exclusively for dining. The use of duck boards is prohibited, except that such approved installations thereof as are in use on June 1, 1964, may be continued in use so long as they are maintained in a clean and sanitary condition.

(Code 1964, 33-22)

 

Sec. 15-29. Walls and ceilings.

 

Walls and ceilings of all food establishments shall be kept clean and in a state of good repair. Walls and ceilings of food preparation areas shall be finished in a light color and shall have a smooth, washable surface.

(Code 1964, 33-23)

 

 

 

Sec. 15-30. Lighting.

 

Natural or artificial light of twenty (20) foot candles shall be provided for all work surfaces in food preparation and utensil washing areas in all food establishments; provided, however, that natural or artificial light of four (4) foot candles shall be provided in storage areas.

(Code 1964, 33-24)

 

Sec. 15-31. Ventilation.

 

All food establishments shall be well ventilated. Effective ventilating fans, operating with canopies, with up-draft ventilation, fitted with adequate metal grease filters and vented to outside air, shall be provided over all heavy-duty cooking equipment, including, but not limited to, ranges, broilers, ovens (other than properly vented ovens in bakeries), steam kettles, roasters, fat fryers and griddles.

(Code 1964, 33-25)

 

Sec. 15-32. Water supply; ice.

 

(a) Any water supply used at a food establishment shall be properly located, constructed and operated and shall be easily accessible, adequate and of a safe, sanitary quality. Water coolers in which the water comes in direct contact with ice shall not be used at a food establishment.

 

(b) Ice used in or with food and drink in food establishments shall be obtained only from an approved outside source or manufactured on the premises, with use of approved equipment, and shall be stored only in approved equipment. Utensils used for the handling of ice shall not be stored or kept in the ice storage compartment or container, but shall be stored outside such storage compartment or container in a clean, separate container.

(Code 1964, 33-27)

Cross References: Water supply, Ch. 39.

 

Sec. 15-33. Disposal of liquid and sanitary wastes.

 

All liquid and sanitary wastes from food establishments shall be disposed of as provided in chapter 30 of this Code.

(Code 1964, 33-38)

 

Sec. 15-34. Toilet facilities.

 

(a) All food establishments shall provide adequate and conveniently located toilet facilities for their employees. In addition, restaurants offering sit-down service shall provide such facilities for their patrons.

 

(b) Toilet facilities shall be conveniently located within the confines of the building occupied by a food establishment. Toilet rooms shall not open directly into any room in which food is stored, prepared or served or where utensils are stored or washed. Toilet rooms for patrons shall be so arranged as to permit access to same without passing through that portion of the building where food is prepared or in which utensils are washed or stored.

 

(c) The doors of all toilet rooms and vestibules thereof in a food establishment shall be self closing.

 

(d) Adequate supplies of toilet paper shall be provided in each toilet room of a food establishment and each such room shall be kept in a clean condition and in good repair and shall be well lighted and ventilated to the outside air.

 

(e) Food establishments lawfully operating on June 1, 1964, shall be exempt from those provisions of this section which would require major construction or alteration.

(Code 1964, 33-26)

 

Sec. 15-35. Hand-washing facilities.

 

Adequate hand-washing facilities, conveniently located in food preparation areas, shall be provided in food establishments. Such facilities shall include a stationary wash basin provided with hot and cold running water, adequate soap and sufficient individual towels.

(Code 1964, 33-28)

 

Sec. 15-36. Protection from flies, roaches, etc.

 

(a) All openings to the outer air from food establishments shall be effectively screened and screen doors shall be self-closing and shall open outward, unless other effective means are provided to prevent the entrance of flies. It shall be permissible to place and operate an adequate electric fan over the entrance. All other means necessary for the elimination of flies shall be used.

 

(b) Methods used for the control of flies, roaches and other vermin, and for the control of rodents must be effective at all food establishments. All insecticides and poisons and all stationary-based dispensers, emitters, ejectors, vaporizers or other equipment or devices used for repelling insects, rodents or other vermin shall be only those approved by the United States Public Health Service. The use of uncolored open poisons or poison baits, either or both, is prohibited.

(Code 1964, 33-29, 33-52)

 

Sec. 15-37. Construction and maintenance of utensils, equipment, etc., generally.

 

All eating and cooking utensils and all show and display cases or counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a food establishment shall be so constructed as to be easily cleaned and shall be kept clean and in a sanitary condition and in good repair. All multi-use utensils and storage containers shall conform to the above requirements and shall be constructed of an approved impervious material. All table tops must be of nonabsorbent material, when deemed necessary by the director of public health. Kitchen table tops and all other surfaces used in the active preparation of food shall be of laminated hard wood in a state of good repair or covered with an approved metal or other impervious material. Table tops and shelves shall be kept free of unnecessary articles, and must be kept clean, with the articles thereon neatly arranged. Table covers, napkins and the like shall be clean. All napkins shall be discarded or laundered after each usage.

(Code 1964, 33-30, 33-36)

 

Sec. 15-38. Dishwashing equipment.

 

(a) Adequate facilities shall be provided and maintained at food establishments for the cleaning and bactericidal treatment of utensils and equipment. Washing powder approved by the director of public health shall be used. Restaurants shall be equipped with adequate wash sinks with drain boards, one of which shall be a sink of not less than three (3) compartments, with hot and cold running available to each compartment, and a sufficient number of dish baskets shall be provided. Other food establishments shall be provided with adequate sinks, one of which shall be a sink of not less than two (2) compartments, with hot and cold running water available to each compartment.

 

(b) Nothing contained in this section shall be construed as prohibiting the use of any other equipment which has been demonstrated as of at least equal efficiency and is approved by the director of public health.

(Code 1964, 33-31)

 

Sec. 15-39. Cleaning and bactericidal treatment of multi-use utensils generally.

 

(a) All multi-use eating and drinking utensils, immediately after each use at a food establishment, shall be scraped of loose remnants of food, washed in an approved detergent solution, rinsed in clean water and subjected to bactericidal treatment by submersion, for at least two (2) minutes, in hot water maintained at a temperature of one hundred eighty (180) degrees Fahrenheit or higher, or for at least one minute in a chlorine solution containing not less than fifty (50) parts per million of residual chlorine. A solution containing one hundred (100) parts per million or more of residual chlorine is recommended. If bactericidal treatment is by submersion in hot water, an accurate thermometer shall be permanently installed in the treatment compartment. If bactericidal treatment is by submersion in a chlorine solution, the operator shall provide, and be competent in the use of, testing equipment to assure that the solution is equal to or exceeds the above requirements at all times.

 

(b) The above requirements of this section shall apply to manual dishwashing methods. Where dishwashing machines are used, such machine, the operation of the machine, temperature of wash and rinse waters and retention period of dishes in the machine must meet the approval of the director of public health. Dishwashing machines, if used, must be maintained in a state of good repair. Thermometers indicating the temperature of wash and rinse waters shall be operative and accurate.

 

(c) This section shall not be construed to prohibit any other process which has been demonstrated as of at least equal efficiency and is approved by the director of public health.

(Code 1964, 33-32)

 

Sec. 15-40. Use of poisonous material in cleaning or polishing utensils.

 

No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used in any food establishment for the cleaning or polishing of eating or cooking utensils.

(Code 1964, 33-33)

 

Sec. 15-41. Utensils not to be dried with towel.

 

The drying of eating and drinking utensils with a towel is prohibited at a food establishment.

(Code 1964, 33-32)

 

Sec. 15-42. Disposition of single-service utensils.

 

In a food establishment, no disposable utensil intended for single service shall be used more than once, but shall be disposed of immediately after use.

(Code 1964, 33-34)

 

Sec. 15-43. Cleaning of multi-use dairy product containers.

 

In a food establishment, all multi-use dairy products containers shall be rinsed as soon as emptied and shall be washed, rinsed and sanitized before reuse.

(Code 1964, 33-35)

 

Sec. 15-44. Storage and handling of utensils.

 

No utensil used in a food establishment shall be stored, except in a clean, dry place, protected from flies, dust, grease and other contamination, and no utensil shall be handled except in such manner as to minimize the possibility of contamination. Single-service utensils shall be purchased only in sanitary containers and shall be stored therein in a clean, dry place or stored in an approved dispenser until used. Single-service forks, spoons, stirring sticks and similar utensils and soda straws shall be individually wrapped by the manufacturer.

(Code 1964, 33-37)

 

 

 

Sec. 15-45. Refrigerating equipment.

 

Refrigerators, iceboxes and the like used at food establishments shall be of adequate size to store all perishable food, be constructed of materials that will permit thorough cleaning, be properly drained and ventilated, be equipped with a thermometer placed in the warmest part of the food storage section and visible upon opening the door or from the outside of the unit, either or both, and kept at a temperature of forty-five (45) degrees Fahrenheit or lower at all times, except during a period of defrosting. Free circulation of air in the unit shall not be impeded. The floors, walls, ceilings, racks, hooks, pipes, conveyors and all other fittings and accessories of refrigerating equipment shall be kept clean. Drains from iceboxes shall not be connected directly to a sewer but shall drain into an open fixture connected to a sewer, or some other catchbasin approved by the director of public health.

(Code 1964, 33-39)

 

Sec. 15-46. Animals prohibited; exception.

 

No animal shall be kept or allowed in any room of a food establishment in which food or drink is prepared, stored or served. This prohibition shall not apply to a trained guide dog, service dog or hearing dog in the custody of a person with disabilities.

(Code 1964, 33-43)

Cross References: Animals, Ch. 5.

 

Sec. 15-47. Use of rooms for domestic purposes.

 

No operation connected with a food establishment shall be conducted in any room used for domestic purposes. Similarly, no operations of a domestic nature shall be conducted in any room in which the operations of a food establishment are conducted.

(Code 1964, 33-44)

 

Sec. 15-48. Processing of food generally.

 

All food processed on the premises of a food establishment shall be so processed only in a specifically designated area used for no other purpose.

(Code 1964, 33-45)

 

Sec. 15-49. Cooking of stuffing for turkeys or geese.

 

In food establishments, when stuffing or dressing for turkeys or geese is cooked, it shall be cooked separately from the turkeys or geese.

(Code 1964, 33-42)

 

Sec. 15-50. Samplings and demonstrations.

 

Any sampling or so-called "demonstration" conducted in a food establishment shall be conducted in accordance with the requirements set forth in this chapter for the operation of an itinerant restaurant. Approval in writing of the facilities for such sampling or demonstration by the director of public health shall be had before such an operation may lawfully be conducted.

(Code 1964, 33-46)

 

Sec. 15-51. Limitation on food that may be sold.

 

No food shall be sold at a food establishment except such as is processed on the premises or furnished by an approved source.

(Code 1964, 33-45)

 

Sec. 15-52. Containers for soiled linens, aprons, etc.

 

Soiled linens, coats, aprons and the like at food establishments shall be kept in clean, covered containers specially provided for that purpose.

(Code 1964, 33-47)

 

Sec. 15-53. Lockers for employees.

 

All food establishments shall be provided with adequate lockers for employees' clothing and all personal property of the employees not worn or carried while on duty shall be stored therein.

(Code 1964, 33-48)

 

Sec. 15-54. Cleanliness of employees.

 

All employees in food establishments engaged in the preparation and serving of food and in the care of utensils shall wear clean, washable outer garments used for no other purposes and shall keep their hands clean and shall otherwise observe a high standard of personal cleanliness at all times. The hands of all employees shall be thoroughly washed with soap and warm water after visiting the toilet and after smoking. Employees engaged in the preparation and serving of food and in the care of utensils shall wear an effective head covering and shall keep their fingernails short and clean at all times and such employees, when on duty, shall not use tobacco in any form, but shall keep their hands away from the mouth, nose, and other exposed parts of the body and shall wash their hands immediately should they become contaminated with oral or nasal secretions. The employer shall constantly and carefully supervise his employees to assure the observance of high standards of personal hygiene at all times.

(Code 1964, 33-49)

 

Sec. 15-55. Health of employees--Notice of disease.

 

Notice shall be sent to the director of public health immediately, by the owner or manager of any food establishment or by the employee concerned, if the manager or any employee or any member of their respective households contracts any infectious, contagious or communicable disease, or such employee has a fever, skin eruption or a cough lasting more than three (3) weeks, or any other suspicious symptom. It shall be the duty of any such employee to notify the owner or manager of the food establishment immediately when any of such conditions exist and if neither the manager nor the employee concerned notifies the director of public health immediately when any of such conditions exist, they shall be held jointly and severally to have violated this section.

(Code 1964, 33-50)

 

Sec. 15-56. Same--Procedure when infection suspected.

 

When suspicion arises as to the possibility of the transmission of infection from any food establishment employee, the director of public health may require any or all of the following measures:

 

(1) The immediate exclusion of the employee from all food establishments.

 

(2) The immediate closing of the food establishment concerned until no further danger of disease outbreak exists, in the opinion of the director of public health.

 

(3) Adequate medical examination of the employee and his associates, with such laboratory examinations as may be indicated.

(Code 1964, 33-51)

 

Secs. 15-57--15-65. Reserved.

 

DIVISION 2.

 

OPERATOR'S PERMIT

 

Sec. 15-66. Required.

 

It shall be unlawful for any person who does not possess a current unrevoked operator's permit issued to him by the director of public health to operate a food establishment in the city.

(Code 1964, 33-8)

 

Sec. 15-67. Prerequisite to issuance of license.

 

No license to operate a food establishment shall be issued by any officer or agent of the city until an operator's permit issued under this division is presented by the applicant.

(Code 1964, 33-13)

 

Sec. 15-68. Application.

 

Application for a permit required by this division shall be filed with the director of public health on forms provided for that purpose.

 

Sec. 15-69. Issuance.

 

Persons who meet the requirements of this article and other applicable provisions of this chapter shall be entitled to receive an operator's permit, as required by this division, and the director of public health shall issue such permit to such persons.

(Code 1964, 33-10)

 

Sec. 15-70. Term.

 

An operator's permit issued under this division shall be valid only until the end of the calendar year in which it is issued, unless sooner revoked by the director of public health.

(Code 1964, 33-9)

 

Sec. 15-71. Posting.

 

An operator's permit issued under this division shall be conspicuously posted, under glass in view of the public, in the food establishment for which it is issued.

(Code 1964, 33-11)

 

Sec. 15-72. Not transferable.

 

No operator's permit issued under this division shall not be transferred to any other person or from one location to another.

(Code 1964, 33-12)

 

Sec. 15-73. Revocation.

 

The director of public health may revoke an operator's permit issued under this division, if the food establishment for which it was issued is operated in violation of any provision of this chapter. When so revoked, the permit shall remain revoked until the violation has been corrected, whereupon the permit shall be reinstated by the director of public health.

(Code 1964, 33-14)

 

Sec. 15-74. Closing and padlocking establishment operated without permit.

 

Upon written notice from the director of public health that a food establishment is being operated without the permit required by this division or after such permit has been revoked, the chief of police shall close and padlock such food establishment and it shall not be reopened to the public until such permit has been issued or reinstated.

(Code 1964, 33-15)

 

Secs. 15-75--15-85. Reserved.

DIVISION 3.

 

FOOD HANDLER'S PERMIT

 

Sec. 15-86. Required.

 

(a) It shall be unlawful for any employee who does not possess an unexpired or unrevoked food handler's permit issued under this division to work in any food establishment.

 

(b) The operator of a mobile food service facility shall be required to obtain a food handler's permit under this division, before operating any mobile food service facility within the city.

 

(c) It shall be unlawful for any person operating a food establishment to employ any person to work therein, unless such person has a valid food handler's permit issued under this division.

(Ord. No. 484; Code 1964, 33-16, 33-20, 33-80)

 

Sec. 15-87. To whom issued; temporary permits.

 

Food handlers' permits required by this division shall be issued by the director of public health only to employees who shall furnish such information and laboratory specimens and submit to such physical examination and tests as the director of public health may require and who have received such instructions in personal hygiene and food establishment sanitation as may be offered or required by the director of public health; provided, however, that the director of public health may, when in his judgment it seems proper, issue a temporary permit to an applicant for a food handler's permit, pending the issuance of such food handler's permit. Such temporary permit shall be effective only for so many days as the director of public health shall indicate thereon in writing.

(Code 1964, 33-17)

 

Sec. 15-88. Term.

 

Each food handler's permit issued under this division shall remain in force for not more than one year or until revoked by the director of public health for cause; provided, however, that this provision shall not be construed to apply to temporary permits, referred to in section 15-87.

(Code 1964, 33-18)

 

Sec. 15-89. Posting.

 

A food handler's permit issued under the provisions of this division shall be kept posted in the place of employment of the holder thereof, together with a complete list of all employees of the food establishment in question.

(Code 1964, 33-19)

 

Secs. 15-90--15-95. Reserved

Secs. 15-90--15-95. Reserved.

 

DIVISION 4.

 

FOOD SERVICE MANAGER CERTIFICATE

 

Sec. 15-96. Purpose.

 

The purpose of this division is to require a minimum of one (1) full-time staff supervisor at each food establishment who has been certified in food sanitation. This person shall have the knowledge necessary to provide safe storage, preparation, display and service of foods in a manner to prevent foodborne illness and to protect the public health and shall also have the knowledge to provide training for the employees under their supervision in safe food handling procedures.

(Ord. No. 905, 9-14-88)

 

Sec. 15-97. Rules and regulations for administration and enforcement.

 

The director of public health or his designee is responsible for the enforcement of this division. The director of public health is hereby authorized to make and adopt necessary rules and regulations as he may deem necessary for the administration and enforcement of this division, which rules and regulations shall not be in conflict with or an enlargement of any of the provisions of this division.

(Ord. No. 905, 9-14-88)

 

Sec. 15-98. Food service manager; responsibilities; certification.

 

(a) No person shall operate a food establishment unless there is at least one full-time certified food service manager on staff.

 

(b) The food service manager shall be responsible for training employees and for establishing sanitary food handling procedures. Written documentation of a training program and training records of individual employees shall be available upon request by the health department.

 

(c) The application for a food service manager's certificate shall be submitted to the Hampton Health Department. Before a food service manager's certificate is issued, the applicant must pay a fee of ten dollars ($10.00) and:

 

(1) Show proof of having successfully completed a course in food preparation, which shall be approved by the health authority; or

 

(2) Possess a valid certificate of registration from the food protection certification program of the Educational Testing Service Center for Occupational and Professional Assessments.

 

(d) Such certificate shall be issued in the name of the individual only and shall be valid for a period of three (3) years from the date of issuance. A food service manager's certificate is not transferable from one person to another.

 

(e) A food service manager's certificate shall be renewed for a three-year period upon payment of a fee of ten dollars ($10.00) to the Hampton Health Department and:

 

(1) Completing a refresher course in food protection, which shall be approved by the health authority; or

 

(2) Take and pass the food protection certification test of the Educational Testing Services Center for Occupational and Professional Assessment.

 

(f) The health authority may require certified supervisory personnel to successfully complete additional training as specified by the health authority when:

 

(1) The employing food establishment has repeated or persistent violations of critical health code requirements and effective corrective action has not been taken over a reasonable period of time as determined by the health authority; or

 

(2) The employing food establishment is suspected with reasonable cause by the health authority as the source of foodborne illness.

 

All costs associated with required training or testing shall be the responsibility of the food establishment or the individual food service manager.

(Ord. No. 905, 9-14-88)

 

Sec. 15-99. Proof of certification.

 

Each certified food service manager shall display his certificate in a prominent location in the food establishment or carry it upon his person when on duty as directed by the health authority.

(Ord. No. 905, 9-14-88)

 

Sec. 15-100. Exemptions.

 

Food establishments that serve, sell or distribute only prepackaged foods and beverages are exempt from the provisions of this division. Temporary food establishments and mobile food service facilities may be exempted by the health authority. The health authority may also grant additional exemptions to this division on the basis of a risk assessment.

(Ord. No. 905, 9-14-88)

 

Sec. 15-101. Repealed.

 

Secs. 15-102--15-105. Reserved.

 

ARTICLE III.

 

ITINERANT RESTAURANTS

 

Sec. 15-106. Compliance with article.

 

(a) The director of public health shall approve an itinerant restaurant only if it complies with the minimum sanitation requirements set out in this article.

 

(b) Upon failure, after warning, of any person maintaining or operating any itinerant restaurant to comply with any of the minimum sanitation requirements set out in this article, the chief of police shall close and padlock the itinerant restaurant in question and it shall not be reopened to the public until such compliance is had.

(Code 1964, 33-53, 33-54)

 

Sec. 15-107. Cleanliness of premises.

 

Itinerant restaurants shall be located in clean surroundings and kept in a clean and sanitary condition.

(Code 1964, 33-55)

 

Sec. 15-108. Protection of food, utensils, etc., from contamination.

 

Itinerant restaurants shall be so constructed and arranged that food, drink, utensils and equipment will not be exposed to insects or to dust or other contamination.

(Code 1964, 33-56)

 

Sec. 15-109. Food to be clean, wholesome and unadulterated.

 

Only food and drink which is clean, wholesome and free from adulteration shall be sold or served at itinerant restaurants.

(Code 1964, 33-57)

 

Sec. 15-110. Water supply.

 

An adequate supply of water of approved sanitary quality shall be easily available and used for drinking and for cleaning utensils and equipment at itinerant restaurants.

(Code 1964, 33-58)

Cross References: Water supply, Ch. 39.

 

Sec. 15-111. Refrigeration facilities; ice.

 

Adequate provision shall be made at itinerant restaurants for the refrigeration of perishable food and drink. Ice used in or with food or drink at itinerant restaurants shall be from an approved source and so handled as to avoid contamination.

(Code 1964, 33-60)

Sec. 15-112. Toilet and hand-washing facilities for employees.

 

Adequate and satisfactory toilet and hand-washing facilities shall be readily accessible to employees of itinerant restaurants.

(Code 1964, 33-63)

 

Sec. 15-113. Cleaning and handling of multi-use utensils.

 

If multi-use utensils are used in the serving of food or drink at an itinerant restaurant, such multi-use utensils shall be thoroughly washed with hot water and a satisfactory detergent and effectively subjected to an approved bactericidal process after each use and so handled and kept as to be protected from contamination.

(Code 1964, 33-59)

 

Sec. 15-114. Garbage and refuse containers.

 

Garbage and refuse resulting from the operation of any itinerant restaurant shall be kept in tightly covered, watertight containers until removed.

(Code 1964, 33-61)

 

Sec. 15-115. Disposal of liquid waste.

 

Dishwater and other liquid waste resulting from the operation of an itinerant restaurant shall be so disposed of as not to create a nuisance.

(Code 1964, 33-61)

 

Sec. 15-116. Health of employees.

 

No person suffering from any disease transmissible by contact or through food or drink, or who is a carrier of the germs of such a disease, shall be employed in any capacity at an itinerant restaurant.

(Code 1964, 33-62)

 

Sec. 15-117. Cleanliness of food handlers.

 

No person engaged in the handling or serving of food and drink at an itinerant restaurant shall return to his work, after using the toilet or after smoking, without first thoroughly washing his hands. All persons so engaged shall wear clean, washable outer garments used for no other purpose, wear effective head coverings and keep their hands clean, with fingernails short and clean.

(Code 1964, 33-64)

 

Sec. 15-118. Food handlers not to smoke on duty.

 

All persons engaged in the handling or serving of food and drink at an itinerant restaurant shall refrain from smoking while on duty.

(Code 1964, 33-65)

 

Secs. 15-119--15-135. Reserved.

 

ARTICLE IV.

 

MOBILE FOOD SERVICE FACILITIES GENERALLY*

__________

* Cross References: Regulations governing sales conducted on or adjacent to public right-of-way, 34-7.

__________

 

Sec. 15-136. Compliance with article generally.

 

The director of public health shall approve a mobile food service facility only if it complies with the minimum sanitation requirements set out in this article.

(Ord. No. 484; Code 1964, 33-66)

 

Sec. 15-137. Closing of facility for noncompliance with article.

 

Upon failure, after warming from the director of public health, of any person maintaining or operating any mobile food service facility to comply with any of the minimum requirements set forth in this article, the director of public health shall close the facility and post a notice of such closing upon the facility. The notice shall state that the mobile food service facility has been found in violation of health regulations and that such facility shall remain closed until found to be in full compliance.

(Ord. No. 484; Code 1964, 33-67)

 

Sec. 15-138. Construction and arrangement.

 

Mobile food service facilities shall be so constructed and arranged that food, drink, utensils or equipment will not be exposed to insects or to dust or other contamination.

(Ord. No. 484; Code 1964, 33-75)

 

Sec. 15-139. Food to be clean, wholesome and unadulterated.

 

Only food and drink which is clean, wholesome and free from adulteration shall be sold or served from mobile food service facilities.

(Ord. No. 484; Code 1964, 33-72)

 

Sec. 15-140. Temperature control for potentially hazardous food.

 

All potentially hazardous food to be sold or served from a mobile food service facility shall be maintained at one hundred forty-five (145) degrees Fahrenheit or above or forty-five (45) degrees Fahrenheit or below, while on the mobile food service facility.

(Ord. No. 484; Code 1964, 33-81)

 

Sec. 15-141. Operation in public parks.

 

Approved food service facilities may be operated in all public parks within the city, subject to the approval of the director of parks. Nothing herein shall be construed to limit the authority vested in the director of parks by chapter 26 of this Code.

(Ord. No. 484; Code 1964, 33-82)

Cross References: Operation of mobile food service facilities in specific parks, 26-31.

 

Sec. 15-142. Base of operations for pushcarts.

 

All pushcarts used as mobile food service facilities shall have as their base of operations a restaurant or other food establishment approved by the director of public health. Such base of operations shall have an adequate supply of water of approved sanitary quality for the cleaning of utensils and equipment. Adequate and satisfactory toilet and hand-washing facilities shall be readily accessible to operators of pushcarts at such base of operations.

(Ord. No. 484; Code 1964, 33-68)

 

Sec. 15-143. Protective gloves required for pushcart operator.

 

No food dispensed from a pushcart shall be directly handled by the operator. When serving food, the operator of a pushcart shall wear disposable protective gloves approved by the director of public health.

(Ord. No. 484; Code 1964, 33-69)

 

Sec. 15-144. Approved tongs required for serving hot dogs.

 

Approved tongs shall be required for the placing of hot dogs on hot dog buns served from a mobile food service facility.

(Ord. No. 484; Code 1964, 33-70)

 

Sec. 15-145. Condiments to be prepackaged.

 

Any condiments used by a mobile food service facility, including, but not limited to, mustard, onions, ketchup, relish, mayonnaise, chili, sauerkraut and cheese, shall be prepackaged.

(Ord. No. 484; Code 1964, 33-71)

 

Sec. 15-146. Maintenance of facilities generally.

 

Mobile food service facilities shall be maintained in a clean and sanitary condition.

(Ord. No. 484; Code 1964, 33-73)

 

Sec. 15-147. Cleaning of equipment.

 

Any equipment upon a mobile food service facility used to store or keep food or drink while such facility is in operation shall be thoroughly washed with hot water and a detergent and effectively subjected to an approved bactericidal process after each day of operation.

(Ord. No. 484; Code 1964, 33-74)

 

Sec. 15-148. Containers for garbage and refuse.

 

Garbage and refuse resulting from the operation of any mobile food service facility shall be kept in tightly covered, watertight containers until disposed of.

(Ord. No. 484; Code 1964, 33-76.

 

Sec. 15-149. Health of employees.

 

No person suffering from any disease transmissible by contact or through food or drink, or who is a carrier of the germs of such a disease, shall be employed in any capacity in association with a mobile food service facility.

(Ord. No. 484; Code 1964, 33-77)

 

Sec. 15-150. Cleanliness of food handlers.

 

No person engaged in the handling or serving of food and drink for a mobile food service facility shall return to his work, after using the toilet or after smoking, without first thoroughly washing his hands. All persons so engaged shall wear clean, washable outer garments used for no other purpose and shall keep their hands clean, with fingernails short and clean.

(Ord. No. 484; Code 1964, 33-78)

Sec. 15-151. Operators not to smoke.

 

No person shall smoke while operating a mobile food service facility.

(Ord. No. 484; Code 1964, 33-79)

 

Secs. 15-152--15-165. Reserved.

 

ARTICLE V.

 

VEHICLES USED FOR SALE OF ICE CREAM*

__________

* Cross References: Motor vehicles and traffic, Ch. 21; regulations governing sales conducted on or adjacent to public right-of-way, 34-7.

__________

 

Sec. 15-166. Definitions.

 

For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

Ice cream and other ice products vendor. The term "ice cream and other ice products vendor" shall mean any person who goes upon, or causes any person to go upon, the streets and ways of the city to sell ice cream or other ice cream-type products.

 

Vehicle. The word "vehicle" shall mean any device in, upon or by which any person or property is or may be transported or drawn upon a street or public way.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-262)

 

Sec. 15-167. Compliance with article generally.

 

No vehicle shall be operated for or used for dispensing or selling ice cream or ice products therefrom, except in compliance with the provisions of this article.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-264)

 

Sec. 15-168. Violations of article.

 

(a) Any person operating an ice cream and ice products vendor's vehicle contrary to the provisions of this article shall be guilty of a Class 4 misdemeanor, except that any person who shall cause or permit such a vehicle to be operated without the equipment required by this article shall be guilty of a Class 3 misdemeanor.

 

(b) Each day a vehicle is operated within this city contrary to the provisions of this article, shall be deemed a separate violation hereof.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-263)

Cross References: Penalty for Class 3 and 4 misdemeanors, 1-11.

 

Sec. 15-169. Required signs and clearance lamps.

 

In addition to the requirements of chapter 21 of this Code and title 46.1 of the Code of Virginia, each vehicle, when used by ice cream and other ice products vendors in dispensing or selling such products shall have, on and in operation, the following equipment:

 

(1) A sign indicating "Frequent Stops" on the front and back of the vehicle, which sign shall be readable at a distance of one hundred (100) feet therefrom.

 

(2) A sign indicating "Caution Children" on the front and back of the vehicle, which shall be readable at a distance of one hundred (100) feet therefrom.

 

(3) Three (3) amber clearance lamps, twelve (12) inches apart, and a bar across the top of the front of the vehicle, designed in such a manner as to show amber light to the front only, such lights to be visible at a distance of five hundred (500) feet therefrom.

 

(4) Three (3) red clearance lamps, twelve (12) inches apart, and a bar across the top of the rear of the vehicle, designed in such a manner as to show red light to the rear only, such lights to be visible at a distance of five hundred (500) feet therefrom.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-269)

 

Sec. 15-170. Operation between 10:00 p.m., and 8:00 a.m., prohibited.

 

No vehicle of an ice cream and other ice products vendor shall be operated in the city between 10:00 p.m. and 8:00 a.m.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-265)

 

Sec. 15-171. Manner of stopping to dispense or sell products.

 

When the vehicle of an ice cream and other ice products vendor is stopped to dispense or sell products, the vehicle shall be pulled to the curb of the street or shoulder of the road and, except when the operation of the motor is necessary for producing the product, the driver of the vehicle shall cut off the motor. No such vehicle shall be stopped for such purpose within one hundred (100) feet of any intersection.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-268)

 

Sec. 15-172. Stopping on certain streets prohibited.

 

No vehicle of an ice cream and other ice products vendor shall be stopped to dispense or sell products therefrom on any street having a speed limit above twenty-five (25) miles per hour.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-266)

 

Sec. 15-173. Parking on street prohibited when operator not available to dispense products.

 

No vehicle of an ice cream and other ice products vendor shall be parked on any street when the operator of such vehicle is not available to dispense products therefrom.

(Ord. No. 676, 12-10-80; Code 1964, 25.1-267)

 

 

 

 

 

Signed by ____________________________ Date _________________

Ross A. Kearney, II, Mayor

 

 

 

 

Attested by ____________________________ Date _________________

Katherine K. Glass

Clerk of the Council