Chapter 16 - FOOD AND FOOD ESTABLISHMENTS#

Footnotes: --- (1) ---

State Law reference— Local ordinances regarding restaurants and hotels generally superseded, Code of Virginia, § 35.1-9.

Sec. 16-1. - Definitions.#

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

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

Employee. The term "employee" shall mean any person who, in a restaurant or other food establishment, handles food or drink during preparation or serving, or who, in a restaurant or other food establishment, comes in contact with any eating or cooking utensils, or who is employed at any time in a room, in a restaurant or other food establishment, in which food or drink is stored, prepared or served.

Health officer. The term "health officer" shall mean the health officer of the city or his authorized representative.

Itinerant restaurant. The term "itinerant restaurant" shall mean a restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering, and also a small school lunch program operated below the cafeteria level.

Other food establishment. The term "other food establishment" shall mean a place that manufactures, packs, stores, sells or distributes food or food products and beverages and is not an eating or drinking establishment. The term shall not include: (1) Private homes where food is prepared or served for individual family consumption; (2) location of food vending machines and supply vehicles; (3) bakeries that prepare non-potentially hazardous foods or foods that have a PH level of 4.6 or below or a water activity (aw) value of .85 or less under standard conditions; (4) stores and service stations that serve only canned food products or pre-packaged food products from an approved source that require no refrigeration, hot holding or preparation before service; and (5) vegetable stands serving non-potentially hazardous foods.

Restaurant. The word "restaurant" shall include a restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, hotel dining room, tavern, sandwich shop, soda fountain and all other public eating and drinking establishments by whatever name called, including the dining accommodations of clubs, all state institutions and schools and colleges, both public and private; provided, however, that this term shall not be construed to include facilities of public service corporations under the jurisdiction of the state corporation commission.

Unwholesome food. The term "unwholesome food" shall mean any food or drink not fit for human consumption.

(Code 1963, § 31-1; Ord. No. 98-31, 8-11-98)

Sec. 16-2. - Enforcement of chapter.#

The health officer shall be responsible for the enforcement of this chapter.

(Code 1963, § 31-6)

Sec. 16-3. - Violations of chapter.#

Unless otherwise specifically provided, a violation of any provision of this chapter shall constitute a Class 4 misdemeanor and be punishable as such.

ARTICLE II. - RESTAURANTS AND OTHER FOOD ESTABLISHMENTS GENERALLY#

Footnotes: --- (2) ---

Cross reference— License tax on restaurants, § 20-100; license tax for sale of mixed beverages or liquor by the drink at restaurants, § 20-42; tax on purchase of meals, § 34-118 et seq.

State Law reference— Sanitary conditions of food establishments, Code of Virginia, § 3.2-5106; state licensing of restaurants, Code of Virginia, § 35.1-18 et seq.; state regulations governing restaurants, Code of Virginia, § 35.1-14 et seq.

Sec. 16-21. - Transfer of permits prohibited.#

Permits issued under this chapter shall not be transferrable. Any change in ownership or location of any restaurant or other food establishment shall be accompanied by a new application for a permit, and a new permit issued thereon, in the name of the new owner and for the new location.

(Ord. No. 98-30, 8-11-98)

Editor's note— Ord. No. 98-30, adopted Aug. 11, 1998, provided for the addition to Art. II of provisions prohibiting the transfer of restaurant and other food establishment permits. Such provisions have been designated by the editor as § 16-21.

Sec. 16-22. - Operating permit from health officer.#

It shall be unlawful for any person to operate a restaurant or other food establishment in the city who does not possess an unrevoked permit from the health officer posted in a conspicuous place in such place of business. No license to operate a restaurant shall be issued by the commissioner of the revenue until a health department permit is presented by the operator or proprietor. Persons who meet the requirements of this chapter shall be entitled to receive and retain such a permit to operate a restaurant or other food establishment.

(Code 1963, § 31-3)

State Law reference— State permit required for restaurants, Code of Virginia, § 35-26.

Sec. 16-23. - Reserved.#

Editor's note— Ord. No. 98-33, adopted Aug. 11, 1998, repealed § 16-23, Permits for employees, derived from § 31-4 of the 1963 Code.

Sec. 16-24. - Inspections.#

Inspections of restaurants and other food establishments shall be made as frequently as deemed necessary by the health officer. One copy of the inspection report shall be retained by the establishment and another copy shall be filed with the records of the health department.

(Code 1963, § 31-6)

Sec. 16-25. - Examination and condemnation of food or drink.#

Samples of food and drink from restaurants and other food establishments may be taken and examined by the health officer as often as he deems necessary for the detection of unwholesomeness. The health officer may condemn, remove and destroy any food or drink from restaurants and other food establishments which he deems unwholesome.

(Code 1963, §§ 31-5, 31-6)

Sec. 16-25.1. - Certain activities exempt from inspection and permit requirements.#

The following entities, businesses and establishments shall be exempt from the inspection and permitting requirements of this chapter:

(1) Churches, fraternal and social organizations, and volunteer fire departments and rescue squads which hold dinners and bazaars of not more than one (1) time per week and not in excess of two (2) days' duration at which food prepared in homes of members or in the kitchen of the church or organization is offered for sale to the public.

(2) Churches which serve meals for their members as a regular part of their religious observance.

(3) Boardinghouses that do not accommodate transients.

(4) Cafeterias operated by industrial plants for employees only.

(Ord. No. 98-32, 8-11-98)

Editor's note— Ord. No. 98-32, adopted Aug. 11, 1998, added provisions to Art. II which pertained to exemptions from inspection and permit requirements. Such provisions were designated herein as § 16-25.1 by the editor.

Sec. 16-26. - General maintenance requirements.#

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

(Code 1963, § 31-26)

Cross reference— Garbage and refuse, Ch. 18.

Sec. 16-27. - Floors.#

The floors of all restaurants and other food establishments shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair.

(Code 1963, § 31-7)

Sec. 16-28. - Walls and ceilings.#

The walls and ceilings of all restaurants and other food establishments shall be kept clean and in good repair, finished in a light color and have a smooth, washable surface up to the level reached by splash or spray.

(Code 1963, § 31-8)

Sec. 16-29. - Lighting.#

If lighting or window space is less than ten (10) percent of the floor area of a restaurant or other food establishment, its equivalent in artificial light shall be provided.

(Code 1963, § 31-9)

Sec. 16-30. - Ventilation.#

All restaurants and other food establishments shall be well-ventilated. Exhaust fans and metal hoods over ranges, equipped with ventilators, must be provided, when necessary to prevent odors and condensation and to promote cleanliness.

(Code 1963, § 31-10)

State Law reference— Restaurants to be adequately ventilated, Code of Virginia, § 35-37. See also, § 3.1-366.

Sec. 16-31. - Water supply.#

Any water supply used at a restaurant or other food establishment shall be properly located, constructed and operated and shall be easily accessible, adequate and of a safe, sanitary quality.

(Code 1963, § 31-12)

Sec. 16-32. - Toilet and hand-washing facilities.#

(a) Adequate, approved toilet facilities shall be provided for patrons and employees at restaurants. Toilets shall be entirely separate and apart from any room used for the manufacture, storage or handling of food products. Flush toilets used in any restaurant or other food establishment shall be provided with tight, self-closing doors, and all new construction must be vestibuled, and the toilet room shall be ventilated by means of a window or flue leading to the outside. All flush toilets shall be connected to an approved sewerage system or approved septic tank system. Walls, floors, seats and commodes shall be clean, and a supply of toilet paper must be provided.

(b) Hand-washing signs shall be posted in each toilet room used by employees and patrons.

(c) There shall be provided in restaurants and other food establishments adequate hand-washing facilities, including running hot and cold water or a suitable vessel, and an adequate supply of clean water, soap and a clean individual towel for employees and patrons.

(d) Establishments serving only beverages, ice cream and short orders shall not be required to provide hand-washing and toilet facilities for their patrons, but this exception shall not apply to places serving beer for on-premises consumption.

(Code 1963, §§ 31-11, 31-14)

Cross reference— Sewers and sewage disposal, Ch. 31.

Sec. 16-33. - Drains and waste pipes.#

Drains and waste pipes from floors, wash sinks, soda fountains, iceboxes and similar equipment at a restaurant or other food establishment must be of sufficient size, well-trapped and in a good state of repair.

(Code 1963, § 31-20)

Sec. 16-34. - Construction and maintenance of utensils and equipment generally.#

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 restaurant or other food establishment shall be so constructed as to be easily cleaned and shall be kept clean and in good repair.

(Code 1963, § 31-16)

Sec. 16-35. - Washing and bactericidal treatment of eating and drinking utensils.#

(a) Adequate facilities, including hot and cold running water, shall be provided at all restaurants for cleansing and for the efficient washing and rinsing of all eating and drinking utensils. All eating and drinking utensils shall be immersed in water heated to, and maintained at, one hundred seventy (170) degrees Fahrenheit for at least two (2) minutes, or some other method approved by the health officer shall be used for effective bactericidal treatment. Washing, rinsing and sterilization of dishes and other eating and drinking utensils shall be construed to be three (3) separate and distinct operations, requiring, for the manual process, a minimum of a stationary three-compartment standard sink with adequate approved drainboards and adequate standard dish baskets.

(b) One of the following methods shall be used in the sterilization of eating and drinking utensils at restaurants: Utensils must be submerged in hot water at one hundred seventy (170) degrees Fahrenheit or more, for at least two (2) minutes, or submerged in a chlorine solution containing not less than fifty (50) parts per million of residual chlorine for at least two (2) minutes. (A solution containing one hundred (100) parts per million or more is recommended.) Where dishwashing machines are used, the operation of the machine, the temperatures of wash and rinse waters and the retention period of dishes in the machine shall meet the approval of the health officer.

(d) Nothing contained in this section shall be construed as barring any other process which has been demonstrated as of at least equal efficiency and has been approved by the health officer.

(Code 1963, §§ 31-17, 31-18)

Sec. 16-36. - Use of poisonous materials in cleaning or polishing utensils.#

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

(Code 1963, § 31-27)

Sec. 16-37. - Storage and handling of utensils.#

After bactericidal treatment, no utensil shall be stored in a restaurant except in a clean, dry place protected from flies, dust or other contamination, and no utensil shall be handled except in such manner as to prevent contamination as far as practicable. Single-service utensils, for use at a restaurant, shall be purchased only in sanitary containers and shall be stored therein in a clean, dry place until used.

(Code 1963, § 31-19)

Sec. 16-38. - Protection of food from contamination generally.#

In restaurants and other food establishments, 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.

(Code 1963, § 31-23)

Sec. 16-39. - Protection from flies.#

(a) All means necessary for the elimination of flies in restaurants and other food establishments shall be used.

(b) All openings to the outer air in restaurants and other food establishments shall be effectively screened. Outside doors shall be self-closing and shall open outward, unless other effective means are provided to prevent the entrance of flies.

(Code 1963, §§ 31-15, 31-25)

Sec. 16-40. - Refrigeration equipment.#

Refrigerators, iceboxes and similar equipment at restaurants and other food establishments shall be of adequate size to store all perishable food, constructed of materials that will permit thorough cleaning, shall be properly drained and ventilated, shall be equipped with a thermometer and kept at a temperature of forty-five (45) degrees Fahrenheit, or lower, at all times except during periods of defrosting. The floors, walls, ceilings, racks, hooks and pipes of such equipment shall be kept clean. Drains from iceboxes shall not be connected directly to a sewer, but shall drain into an open fixture.

(Code 1963, § 31-21; Ord. No. 98-34, 8-11-98)

Sec. 16-41. - Tables, shelves, napkins, etc.#

All tables used in restaurants shall be properly constructed of materials that can be thoroughly and easily cleaned. All the table tops shall be of nonabsorbent material, when deemed necessary by the health officer. Table tops must be free of unnecessary articles. Table covers, napkins and the like shall be clean and all shelves shall be clean, free of unnecessary articles and neatly arranged. All napkins shall be discarded or laundered after each usage.

(Code 1963, § 31-28)

Sec. 16-42. - Restaurant operations prohibited in rooms used for domestic purposes.#

None of the operations connected with a restaurant shall be conducted in any room used for domestic purposes.

(Code 1963, § 31-26)

Cross reference— Housing code, Ch. 19.

Sec. 16-43. - Animals and fowl on premises.#

(a) No live animals or fowl shall be kept or allowed in any room in a restaurant or other food establishment in which food or drink is prepared or stored.

(b) Notwithstanding the provisions of subsection (a) of this section, it shall be lawful for a blind person accompanied by a guide dog, or a deaf or hearing-impaired person accompanied by a dog on a blaze orange leash, to take such dog with him into any restaurant or other food establishment.

(Code 1963, § 31-24)

Cross reference— Animals and fowl, Ch. 6.

Sec. 16-44. - Disposal of wastes; storage of garbage and trash.#

All wastes produced or accumulated at a restaurant or other food establishment shall be properly disposed of, and all garbage and trash shall be kept in suitably covered receptacles in such manner as not to become a nuisance.

(Code 1963, § 31-20)

Cross reference— Garbage and refuse, Ch. 18.

Sec. 16-45. - Cleanliness of employees.#

All employees in restaurants and other food establishments shall observe a high standard of personal cleanliness and they shall be constantly supervised in this respect by the employer. The hands of such employees shall be washed thoroughly with soap and water after visiting the toilet. Employees, such as clerks, waiters, cooks and the like, shall keep their hands away from the mouth and nose and wash their hands immediately with soap and water should they become contaminated with oral or nasal secretions. Employees shall keep their fingernails short and clean. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils and equipment.

(Code 1963, § 31-13)

Sec. 16-46. - Employees' lockers or dressing rooms; storage of soiled linens, coats and aprons.#

Adequate lockers or dressing rooms shall be provided in restaurants and other food establishments for employees' clothing. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.

(Code 1963, § 31-26)

Sec. 16-47. - Health of employees—Notice of disease.#

Notice shall be sent to the health officer immediately by the owner or manager of a restaurant or other food establishment, or by the employee concerned, if the manager or any employee, or any member of his household, contracts any infectious, contagious or communicable disease, or has a fever, a skin lesion or eruption, 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 restaurant immediately when any of such conditions exist, and if neither the manager nor the employee concerned notifies the health officer immediately when any of such conditions occur, they shall be held jointly and severally to have violated this section.

(Code 1963, § 31-29)

Sec. 16-48. - Same—Procedure when infectious disease suspected.#

When the health officer has reason to believe the possibility of transmission of infection from an employee in a restaurant or other food establishment to the public exists, the health officer is authorized to require any or all of the following measures:

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

(2) The immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the health officer.

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

(Code 1963, § 31-30)

Sec. 16-61. - Approval by health officer.#

It shall be unlawful for any person to establish, maintain or operate an itinerant restaurant, unless such itinerant restaurant has been approved by the health officer.

The health officer shall approve an itinerant restaurant only if it complies with the minimum sanitation requirements set out in this article.

(Code 1963, § 31-31)

Sec. 16-62. - Failure to comply with article.#

Upon failure of any person maintaining or operating an itinerant restaurant, after warning, to comply with any of the requirements of this article, it shall be the duty of the health officer summarily to forbid the further sale or serving of food or drink therein.

(Code 1963, § 31-32)

Sec. 16-63. - General requirements.#

Each itinerant restaurant shall be located in clean surroundings and kept in a clean and sanitary condition. It shall be so constructed and arranged that food, drink, utensils and equipment will not be exposed to insects or to dust or other contamination. Only food and drink which is clean, wholesome and free from adulteration shall be sold or served.

(Code 1963, § 31-33)

Sec. 16-64. - 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 an itinerant restaurant.

(Code 1963, § 31-34)

Sec. 16-65. - Refrigeration; ice.#

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

(Code 1963, § 31-35)

Sec. 16-66. - Disposal of garbage, dishwater, etc.#

At an itinerant restaurant, garbage and refuse shall be kept in tightly covered, watertight containers until removed, and shall be disposed of in a place and manner approved by the health officer. Dishwater and other liquid wastes shall be disposed of in such a manner so as not to create a nuisance.

(Code 1963, § 31-36)

Sec. 16-67. - Cleaning, handling, etc., 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. They shall be so handled and kept as to be protected from contamination.

(Code 1963, § 31-37)

Sec. 16-68. - Toilet and hand-washing facilities.#

Adequate and satisfactory toilet and hand-washing facilities shall be readily accessible to the employees of an itinerant restaurant. No person engaged in the handling or serving of food or drink at an itinerant restaurant shall return to his work after using the toilet without first thoroughly washing his hands.

(Code 1963, § 31-38)

Cross reference— Sewers and sewage disposal, Ch. 31.

Sec. 16-69. - Employment of diseased persons, etc.#

No person suffering from a 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 1963, § 31-39)