7331ORDINANCE NO. 7331
AN ORDINANCE DEFINING RESTAURANT, ITINERANT
" RESTAURANT, EMPLOYEE, UTENSILS, HF,4LiT OFFICER,
ETC. REQUIRING PERMITS FOR THE 0F.6RN ION OF
SUCH ESTABLISHMENTS) PROHIBITING THE SALE OF
ADULTERATED, UD " "uHOLE41 E OR 11ISBRANDED FOOD OR
DRINK, REGULATING THE INSPECTION, GRADING,
GRADING AND PLACARDING OF SUCH ESTABLISHMENTS,
THE ENFORCEMENT OF' THIS ORDINANCE, AND THE FIX-
ING OF PENALTIES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LITTLE ROCK,
ARKANSAS:
SECTION 1. Definitions. The following definitions shall apply
in the interpretation and the enforcement of this ordinance;
ITEM 1. RESTAURANT. The term "restaurant" shall mean restaurant,
coffee shop, cafeteria, short order cafe, luncheonette, tavern, sand-
wich stand, soda fountain, clubs, boarding houses, and all other eating
or drinking establishments, as well as kitchens or other places in
which food or drink is prepared for sale elsewhere.
ITEM, 2. (a)
Itinerant restaurant. 'the term "itinerant restaurane
shall mean one operating; for temporary period in connection with a fair,
carnival, circus, public exhibition or other similar gathering,
IT+EMi 2. (b) Nev restaurant. A restaurant opening for business .
for the first time, and provided that no restaurant has been operating
at this location for three (3) months proceding the application for a
permit.
ITEM; 3. Employee. The term "employee" shallmean 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 in a
room in which food or drink is prepared or served.
ITEM 4. Utensils. "Utensils" shall include any kitchenware,
tableware, glassware, cutlery, utensils, containers, or other equipment
with which food or drink comes in contact during storage, preparation
or serving.
ITEM 5, Health Officer. The term "health officer" shall Wan
the health officer of the City of Little Rock or his authorized re-
presentative .
ITEM 6. Person The word "person" shall mean person, firm, cor-
proration or association.
SECTION 2. Permits. It shall be unlawful for any person tooperate
a restaurant in the City of Little Rock who does not possess an unrevoked
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permit from the health officer.
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Such permit shall be posted in a
conspicuous place. Only persons who comply with the requirements of
this ordinance shall be entitled to receive and retain such a permit.
A person conducting an itinerant restaurant shall also be required to
secure a permit.
Such a permit may be temporarily suspended by the health officer
upon the violation by the holder of any of the terms of this ordinance,
or revoked after an opportunity for a hearing by the health officer
up= serious or repeated violations.
SECTION #3. Placarding or Public Display of Grade Notice.
Every restaurant shall display at alltimes, in a place designated by
the health officer, a notice approved by the health officer, stating
the grade of the establishment.
SECTION 4 Examination and Condemnation of Unwholesome or adulterated
Food or Drink, Samples of food, drink, and other substances may be
taken and examined by the health officer as often as may be necessary
for the detection of unwholesomeness oradulteration. The health officer
may condemn and forbid the sale of, or cause to be removed or destroyed,
any food or drink which is unwholesome or adulterated.
SECTION 5. Inspection of Restaurants. At least once every six
(6) months the health officer shall inspect every restaurant located
within the City of Little Rock. In case the health officer discovers
the violation of any itom of sanitation (required for the grade then
hold), 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 shallbe used in determining compliance with the (grade)
requirements of this ordinance.. Any violation of the sameitem of this
ordinance on such second inspection shall call for immediate degrading
or suspension of permit.
One copy of the insp;ction report shall be left by the health
officer with the restaurant operator. Another copy of the inspection
report shall be filed with the records of the health department. At
the time of each inspection, the inspector shall write a detailed
explanation of each violation upon the back of the inspection report.
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The person operating the restaurant shall upon request of the
health officer permit access to allparts of the establishment and
shall permit copying any or all records of food purchased.
SECTION 6. The Grading of Restaurants. The grading of all
restaurants shall be based upon the following standards:
(a), Any restaurant complying with tems 3, 6, 7, 8, 10a, lob,
loco 110 13, 15ao 15b, 150, 16 of the follovi ng table of items
;< and' - Section 9 of this ordinance and receiving a grade of 85% or
above according. to the percentage weights assigned each item and
Section 9, shall be graded "A "; after Jan. B. 1948, a grade of 90%
shall be required.
ITEM 1. Floors. The floors of all rooms in which food or
drink is stored, prepared, or served, or in which utensils are
washed, shall be of such construction as to be easily cleaned, shall
be smooth, and shall be kept clean and in good repair. Weight -2%.
ITEM 2. Walls and Ceilings. Walls and.ceilings of all rooms
shall be kept clean and in good repair. All walls and ceiling of
rooms in which food and 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, wash-
able surface up the level reached by splash or spray. Weight -2 %.
ITEM 39 Doors and INindows. When flies are prevalent, all
openings into the outer air shallbe effectively screened and doors
shall be self - closing, unlessother effective means are provided to
prevent the entrance of flies. Weight - 5 %.
ITEM 4. Lighting. All rooms In vh ich food or drink is
stored or prepared or in which utensils are washed shall be well
lighted. Weight - 2 %.
ITEM 5, Ventilation. All rooms in which food or drink is
stored, prepared, or served, or in which utensils are washed, shall
be well ventilated. Weight - 2 %.
ITEM 6, T &ilet Facilities. Every restaurant shall be pro -
vided with adequate and conveniently located toilet facilities for`
its employees. Such toilets shall be connected with the Little Rock
Sanitary Sewer System or be equipped with an approved Septic tank.
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In restaurants hereafter epnstructed toilet rooms shallnot open
directly into any room in vLich 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. Handwashing signs,
shallbe posted in each toilet room used by employees. Weight - 5 %.
ITEM 7. Water Supply. Running water under pressure shall
be easily accessible to all rooms in which food if prepared or
utensils are washed.. and the Water supply shall be from the Little
Rock Municipal dater Works. Weight - 5%.
ITEM 8. Lavatory Facilities adequate and convenient
hand - washing facilities shallbe provided, including hot and sold
running water, soap, and approved sanitary towels. The use of a
common towel is prohibited. No employee shall resume work after
using the toilet room without first washing his hands. Weight - 5 %.
ITEM 9. Construction of Utensils and Equipment. All multi-
use utensils and all show and display cases or windows, counters,
shelves, tables, refrigerating equipment or sinks or other equip -
went, utensils used in connection with the operation of a restau-
rant shallbe so constructdd as to be easily cleaned and shall be
kept in good repair. Utensils containing or plated with cadmium
or lead shall not be used. Providdd, that solder containing lead
may be used for jointing. 11eight - 5 %.
ITEM 10. (a) Cleaning and Bact @ricidal Treatmgnt of Uten-
sils and Equipment. All equipment, including display cases
or windows, counters, shelves, tables, refrigerators, stoves,
hoods, and sinks shallbe kept clean and free from dust, dirt in-
sects, and other contaminating material. All cloths used by
waiters, chefs, and other employees shall be clean. Weight - 3 %.
ITEM 10 (b) Single service containers shall be used only
once. &11 multi -use utensils used in the preparation or serving
of food and drink shall be thoroughly cleaned and effectively
subjected to an approved bactericidal process immediately follow-
ing the day's operation. No article, polish or any other sub-
stance containing cynide properties or other poisonous materials
shall be used. Weight - 7 %,
ITEM 10 (c) All multi -use eating and drinking utensils
shall be thoroughly cleaned and effectively subjected to an
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approved bactericidal process after each use. Drying cloths
if used, shallbe clean and shall be used for no other purpose.
Weight -8 %.
ITEM 11. Storage and Handling of Utensils and Equipment.
After bactoricidal treatment utensils shall be stored in a clean,
dry place protected from flies, dust, and other contamination,
and shall be handled in such manner as to proven t contamination
as far as practicable. Single- service utensils shall be pur-
chased only in sanitary containers, shall be stared therein in a
clean place until used, and shall be handled in a sanitary manner.
Weight - 4%.
ITEM 12. Disposal of Wastes. All wastes shallbe properly
disposed of, and all garbage and trash shall be kept in suitable
receptacles, in such manner as not �ba become a nuisance. Weight - 5 %.
ITEM 139 Refrigeration. All readily perishable food and
drink shall be kept at or below 50 degrees F. except when being
prepared or served. baste water from refrigeration equipment
shall be property disposed of. Note: Cream - filled and cream or
custard pies shall be subject to provisions of Item 14 as in-
terpreted in Public Health Bulletin #280 of 1943. Weight - 6%.
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ITEM 14. Wholesomeness of Food and Drink. All food and
drink shallbe clean, wholesome, free from spoilage, and so prepared
as to be safe for human consumption, all milk, fluid milk products,
ice cream, and other frozen desserts served shall be from approved
sources. Milk and fluid milk products shall be served in the in-
dividual original containers in which they were received from the
distributor or from a btLlk 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. Weight - 12 %.
ITEM 16 (a) Storage, Display and Serving of Food and Drink.
kll f odd and drink shall be so stored, displayed, and served as to
be protected from contamination by overhead leakage or submerging
or from flooding or sewage bXackflow. Weight - 4 %0
ITEM 15 (b) Food displays shall be protected from flies,
vermin, depredation and pollution of rodents, unneccessary handling
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droplet infection. No animals or fowls shall be kept or allowed
in any room in which food or drink is prepared or stored.. No
uncolored poisonous insecCicides or raticides shall be used.
Weight - 4%.
ITEM 15 (c) All means necessary for the elimination of
flies, roaches, and rodents shall be used. Weight - 2 %.
ITEM 16. Cleanliness of Employees. All employees shall
wear clean outer garments and shallkeep their hands clean at all
times while engaged in handling food, drink, utensils or equip-
ment. Employees shall not expectorate or use tobacco in any
form in rooms in which food is prepared. Weight - 5%.
ITEM 17. Miscellaneous. The premises of all restaurants
shall be kept clean and free of litter or rubbish. None of the
operations connected with a restaurant shall be conducted in
any room used as living or sleeping quarters. Adequate lockers
or dressing rooms shall be provided for employees' clothing
and shallbe kept clean. Soiled linens, coats, and aprons shall
be kept in containers provided for this purpose. Ueight - 2 %.
(B) GRADE "B" RESTAURANTS. Grade "B" restaurants are those
which comply with Items 3, 6, 7, 8, 10a, 10b, 11, 13,, 15a, 15b,
16 and Section 9 and where percentage grade. according to-the
table of weights is not below 70,0f nor more than 85;x. Aft4r Jan. S.
1948, not below 75% nor more than 90%,.
(C) GRADE "C" RESTAURANTS. Grade "C" restaurants are those
which fail to comply with eigher the grade "A" or the grade "B"
requirements.
(D) In computing percentage grades for the separate itema
of Section 6, Paragraph A. the Health Officer shall divide the
percentage weight of each item by the number of sub -items ap-
pearing on the check sheet, form 8967 - Public Health Service,
and shall assign a proportionate value to each sub-.item.,
ExamgTe; Item (8) Lavatory facilities - adequate, convenient
( )'; hot and cold running water ( ); soap ( ); approved
sanitary towels ( ); Hands washed after toilet ( )
( ) Weight 5%0
Number of sub -items 5
Weight of each sub -items 5%/5 - if .
SECTION 7. Grade of Restaurant Which May Operate.
From
and after the date on which this ordinance takes effect no res-
taurant shall be operated within the City of Little Rock, or
its police jurisdiction, unless it conforms with the grade "A"
or grade "B ", or approved itineratt restaurant requirements
of this ordinance: Provided, That when any restaurant fails to
qualify for any of these grades the health officer is authorized
to suspend the permit or in lieu thereof to degrade the re-
staurant and permit its operation during a temporary period
not exceeding (30) thirty days. Provided: further that a
new restaurant, as affirmed herein, will not be granted a per-
mit until all provisions df this ordinance have been complied
with.
SECTION S. Reinstatement of Permit; Supplementary Re.
grading. Any restaurant 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 or the reinstatement of the permit.
Within one week after the receipt of a satisfactory ap-
plication, accompanied by a statement signed by the provisions
of this ordinance 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.
SECTION 9. 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 restaurant, and no restaurant
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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 restaurant manager suspects
that any employee has contracted any disease in a communicable
f66m or has become a carrior of such disease he shall notify
the health officer immediately. A.placard containing this
seciCn shall be posted in all toilet rooms. Weight - 3 %.
SECTION 10. Procedure When Infection Suspected. When
"` suspiciln arises as to the possibility of transmission of in-
fection from any restaurant employee 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 examinations of the employee
and of his associates, with such laboratory examinations as may
be indicated.
SECTION 11. Enforeement Interpretation. The ordinance shall
be enforced by the hedth officer in accordance with the inter-
pretations thereof contained in the 1943 edition of the U. S.
Public Health Service Code Regulating Eating and Drinking
'Establishments.
SECTION 12p Penalties. Any person who violates any pro-
Vision of this ordinance shall be deemed guilty of a misdemeanor,
and upon conviction thereof shall be fined not less than &10.00
nor more than $100.00. Each and every violation of the pro-
visions of this ordinance shall constitute a separate offense.
SECTION 13. Repealing Clause, Ordinance No. 7041, and all
ordinances and la rte of ordinances in conflict with this ordinance
are hereby repealed.
SECTION 14. Unconstitutionality Clause: Should any section,
paragraph, sentance, clause, or phrase of this ordinance be
declared unconstitutional or inval id fof any reason, the re-
mainder of said ordinance shall not be affected thereby.
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Ubless the provisions of this ordinance are placed in
effect immediately, the health and safety of the citizens of
Little'Rock will be affected adversely whereby an emergency
is declared to exist and all provisions of this ordinance are here-
by in effect from and after the passage hereof.
PASSED: July 7, 1947
ATTESTED:
ity Clerk
APPROVED:
Mayor.
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