Decatur Daily Democrat, Volume 56, Number 90, Decatur, Adams County, 16 April 1958 — Page 6

PAGE SIX

BESTAIHINT ORDINANCE OraHnaa<*r Na. IffSM-S An ordinance- defining restaurant, Mod. etfnerant, re«tttrarnnt, employee. utensil, hoalth officer, and otner ttema; requiring permits, licenses, license fees for the operation of restaurants and itinerant restaurants; prohibiting me sale of adulterated, unwholesome, i or misbranded food; regulating ‘‘TKe ’ inspection nt restaurants and Itinerant restaurants; providing for the enforcement of this ordinance; and fixing pen- I altfea. BE IT ORDAINED by the I Common Council of the City of , Decatur Indiana, that: SECTION 1. DEFINITIONS. The! following deflnitions shall apply in ■ the interpretation and enforcement! of this ordinance: . A. Hesiaurnat — The term "restaurant" shall mean restaurant, coffee shop, cafeteria, short-order case, luncheonette, tavern, sandwich stand, soda fountain, or food establishment where food for human consumption is prepared and served in such manner that it Is ready for consumption on the premises The term "restaurant" shall not Include a food establishment whert- the only food handled or served Is in original containers not i filled or packaged on the premises. ‘ nor shall it include what Is com- I manly known as a grocery where; food is not prepared and served for consumption on the premises. B. Food — The term "food" as used herein shall include all articles used for food, drink, confectionery, or condiment. whether simple, . mixed or compound. and all substances or ingredients used in the preparation thereof. C. Itlneront Hestaurant The | term "Itinerant restaurant" shall ; mean one operating for a temporary period, in connection With a fair, carnival, circus, public exhibi- ; tion, or other similar gathering. D. Employee — The term "em- ; plbyee” shall mj>an any person who I handles fpod during preparation or serving, or who comes in contact ’ with any eating or cooking uten- I sils. or who is employed in a room i or other place in which food is pre-i pared or served. E. I tensll — The term "utensil" , shall include any kitchenware. ,ta-! bleware, glassware, cutlery, containers. or other equipment of any I kind or nature with which food i comes in contact during storage, prepratlon, or serving. E. Health OWleer — The term "health officer" shall mean the health authority having jurisdiction In the City of Decatur, or his authorized representative. G. Person — The term "person" shall mean any person, firn), corporation. nr association. SECTION 2 A. Permits — It shall be unlawful for any person to operate a restaurant or itinerant restaurant in the City of Decatur, who does not possess a valid permit from the health officer. Such permit shalTTie posted In a conspicuous place in such restaurant or itinerant restaurant. Only persons who comply with the applicable requirements of this ordinance shall be entitled to receive and retain sueljt a permit. The permit for a restaurant shall be for a term of one year beginning January Ist and expiring December 31st of the same year and. shall be renewed annually The permit for an Itinerant restaurant shall be for the term of one continuous operanon. Any permit issued by the health officer shall contain the name and address of, the person to whom the permit is granted, the address of the premises for which the same is issued, and such other pertinent data as may be required by the health officer. A separate permit shall be required for each restaurant or itinerant restaurant operated or to be operated by any person. A permit shall be issued to any person on application after inspection and approval by the health officer: Provided, that the restaurant or itinerant restaurant complies with all the applicable provisions of this ordinance. No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds. B License and License Fee — It shall lie unlawful for any persot; to operate a restaurant in the City of Decatur, who does not possess :< valid license for the operation of such establishment. The license shall, be for a term of one year beginning January- Ist and expiring December 31st of the same year and shall be renewed annually Such license shall be provided by the city Glerk. if there is presented at l>is office a valid permit from the health officer together with 32.00. or with SI.OO if the application for license is made on or after June Ist. Any person who desires to operate an itinerant restaurant in the City of Decatur, shall, after securing a permit from the health officer, obtain from thWclty Clerk, a license for an itinerant restaurant. Such license shall be provided by the city Clerk, if there is presented at his office a. valid permit from the health officer, together with 31.00 for each day of operation, not to exceed $5.00 for any one continuous jpperation. A separate license shall be required for each restaurant or itinerant restauratxt operated or to be operated by any person. C. License a lid Fee ExeepHen — The provisions of this ordinance shall applv to. and a permit as described In Section 2A shall be obtained for. restgurantst and intinerant restaurants operated by fraternal organizations, service clubs, religious, educational, and charitable institutions. .Provided, however, that no.Ucense shpll. be required and no license fee shall be paid for restaurants or itinerant restaurants operated by religious, educational, or charitable institutions, if the service rendered is confined to members of the organization and tbelr guests. SECTION 3 MINIMUM SANITATION REQUIREMENTS FOR RESTAURANTS. All restaurants shall comply with the following items of sanitation: Item 1. Floors The ...floors of all rooms in which 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. Item 2. Walla and Ceilißga .— AValls and ceilings of all rooms shall be Kept clean and In good repair. All walls and ceilings of rooms in which food is prepared, or utensils are washed, shall be finished In light color, and the walls shall have a smooth, washable surface up to the level reached bv splash or spnay. Item 3. Doors, and Windows — When flies are -prevalent, al) Openings into the outer air shall be effectively screened and doors shall be selteciosing unless other effective means ar provided to prevent the entrance of flies. Item 4 LlghHng — All rooms in which food is.stored or prepared, or In which utensils are washed, shall be welljighted. Item 5. VenHlatiea — All rooms In which food is stored, prepared, or Served, or in which utensils are washed, shall be well ventilated. item s. Toilet Facilities — Every restaurant shall be provided with adequate and conveniently located water-flush toilet facilities for its employees. The toilet fixtures and the installation of same shall conform with the.plumbing ordinance of the (Tty of Decatur, and conform with the rule* and regulations of the Administrative Building Council of Indiana. Toilet rooms shall not open directly into any room in which food or utensils are handled or stored. The doors of all •1 *

1 toilet rooms shall be full length. ! tight-tilting and self-closing. Toilet* i rooms shall be kept in a clean con- | ditlon, In good repair, well lighted: land ventilated. Handwashing signs* j shall be posted in each toilet room ! I used by employees. Toilet rooms | I accessible only through the kitchen ' shall not be used by guests of the ; restaurant. • Item 7. W'nter flapgly — Running; hot and cold water, under mediant- | cal pressure, shall bf> easily; acres- . wlble to all roß»ns In which food is prepared or utensils are washed, land the water supply shall he ade- , quate and of a safe, sanitary qual- ' tty. All cooler* for drinking water I shall be of an approved type and | shall be kept free from contamtna- ■ tion. if a private water supply Is maintained. the supply and all appurtenances thereto shall ba construct- ! ed. installed and maintained as required by the Indiana State Itoarij of Health, ami approved hy the health officer, before the water supply is used A sample of water front private wells must be sent to a recognized laboratory once each four months for bacteriological analysis, and a copy of the report of analysis shall be filed with the , records of the health department. Item 8. Lavatory Facilities — Adequate and convenient handl washing facilities shall he prqvided. . Including hot and cold running i w ater, soap, and approved sanitary I towels. The use of a common towel 'is prohibited. No employee shall resume work after using the toilet room without first washing his hands. lavatories and washrooms shall be maintained In a clean sanitary condition. Item 9. t'oßstraetloa at Utensils ■ad Eaulptaeat — All multi-use ' 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 shall be so constructed as to be easily i cleaned and shale be kept in good ' repajr. Utensils containing or platI ed w ith cadmium or lead shall not ! be used; Provided, that solder con- • taining lead may be used for jolnt- | ing. ) Item 10. Cleaning and Bactericidal Treatment as t teaslla and ; Egulpmeat — All equipment. In-" 'eluding display' cases or windows, counters, shelves, tables.' refrlgeraI tors, stoves, hoods, and sinks shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used bywaiters, chefs, and other employees shall be clean. _Sfngle-service containers shall be used only once. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected tn an approved bacterbajdal process after each usage. All multi-use utensils I used in the preparation or serving of food shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose. No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils. Approved facilities shall be provided for the washing and bacterl- . cldal treatment of all multi-use food preparation and eating and drinki<g utensils. Item It. Marage and Handling at Utensils and Kaalpmeat — After • bactericidal treatment utensils i shall be stored in a clean, dry place ■ protected from fifes, dust, and other contamination, and shall be ban- . died in such a manner as to pre- • vent contamination as far as prac- ■ ticable. Single - Service utensils shall be purchased only in sanitary containers, shaljk be stored therein in a clean, dry place until used. » and shall be handled in a sanitary manner. All spoons, spatulas, dippers and similar multi-use utensils used for i dispensing frozen desserts shall, w hen not in use, be kept in running water or water maintained at a temperature of 170“ F. Item 12. Disposal of Wastes — All wastes shall be properly disposed of. and all garbage and trash shall be kept in suitable receptacles in such manner as not to -become a nuisance. "i item 13. Kefarlgyraiian — Refrigerating facilities shall ■be of adequate capacity to provide ample storage spate for all perishable foods on haftd'at all tlnjes. All readily perishable foods, except foods that are purchased in a frozen state or are frozen after purchase by the restaurant, shall be kept sot or below 50’F.. except when being • prepared or served. Ail readily perishable foods purchased in a frozen - state or frozen after purchase by the restaurant, shall be kept at or below a -temperature of 10*F., e$- - cept when being prepared or • served An accurate thermometer . shall be located in each retrigera- ? tor. Waste water from refrigera- ) tion equipment shall be properly r disposed of. All ice used shall be t from a source approved by the e health officer and shall be stored 0 and handled in such a manner as » to prevent Its contamination. s Item 14. M bolesameaesn as Food — All food shall be clean, whole- - some, free from spoilage, and so - prepared as to be safe ,»for human e consumption All Milk, milk drinks, cream, lee cream and other frozen - dessert* served shall be pasteurized e and obtained from an approved - source. Grade A milk and milk pro- - ducts shall be served when avall- - able. Milk and fluid milk products - shall he served In the individual , original containers in which they - were received from the distributor - or from a bulk container equipped i with an approved dispensing de- ' vice; Provided, that this require- • ment shall not apply to cream ■ w hich may be served from the orlgb Inal hottie or from a dispenser ap- ’ proved for such service. All oysters. 1 clams, and mussels shall be from approved sources and. If shucked, shall be kept until used in the containers in which they were placed 1 at the shucking plant. 1 Item 15. Storage. Display, and Servian of Food — All food shall 1 be so stored, displayed, and served as to be protected from dust, files, 1 vermin, depredation and pollution ■ by rodents, unnecessary” handling, 1 droplet Infection, overhead leakage, i sewage backflow, poisonous compounds. and other contamination, and shall not be stored In direct • contact with any floor. No animals ■ or fowls shall be kept or allowed ' in any room in. which food is pre- ■ pared or stored. All means neces- " sary for the elimination of Oles, ? roaches, and rodents shall be used. • Item 16. Cleanliness as Enaplaym 1 — Al) employees shall wear clean outer garments and a suitaljie. head covering to protect food from bon- • tamination by- human hair, and ’* shall keep their hands clean at all 1 times while engaged In handling • food, utensils, or equipment. Em--1 ployees shall n<>t expectorate or use tobacco in any form In rooms Irf which food is pte pa red Item 17. Every employee as de- ! > fined In Section ID of this ordinance before being accepted by any em- ” ployer for employment tn a.ny res- > taurant of Itinerant restaurant as e deflned herein shall be required to ■ obtain a health certificate fforti a f licensed physician In the State of *> Indiana, showing said' employee to 1 be free from gonorrhea, syphilis, s tuberculosis. typboW, measles or 1 any other infectuous or contagious - disease and whiph certificate shall e be renewed t>y said employee an-. - nually thereafter. b item I*. Mtgryllaaeaaa — The r premises of all reatfurduts shall be b kept clean and free of litter or rubr bish. None of the operations conb nectetj with a restaurant shall ba 1 conducted In any room used as liv-

ing nr sleeping quarters, or In any i * room w hlch opens directly into liv- ] | Ing or sleeping quarters. Adequate I ; inckers or dressing rooms shall be < * provided for employees' clothing I I and shall be kept clean. Soiled lln- , i ' ens. coats, and hprons shall be kept • lln containers provided for this pur- : I pose. 1 SECTION 4. SANITATION RE- I QUI REM ENTS FOR ITINERANT ; RESTAURANTS. Itftierant restaur- ; ; ants shall ba constructed and oper- i I ated in an approved manner. An ; Itinerant restaurant shall comply with the following requirements: i It shall be located in clean sur- 1 roundings and kept In a clean and i sanitary condition. It shall be so ■ constructed and arranged that fdod, utensils, and equipment will not be ' exposed to insects or to dust or i other contamination. Only food i which is clean, wholesome, and free, ; from adulteration shall he sold orlj served. An adequate supply of i water of, safe, sanitary quality shall i be easily available and used for 1 drinking and for denning utensils < and equipment. Unless the provl- I sjons of section 3, Item 10. of this i ordinance are properly complied i with, single-service eating and i drinking utensils, bhall be used, i Adequate provision shall be made i for refrigeratloti of perishable * foods. Ice used in or with food shall be from a source approved by the ' health officer and shall be so hand- * led as to avoid contamination. ■ i Garbage and refuse shall be kept in tightly covered, watertight containers until removed and ithall be ; disposed of in a place and manner : approved by the health officer. Dish water and other liquid wastfes shall be so disposed of as not to create a nuisance. No person suffering from any disease transmissible by contact or through food or .who Is a carrier of the germs of such a disease shall he employed in any capacity. Adequate and satisfactory toilet and handwashing facilities shall be readily accessible to employees. No person engaged in the handßng or serving of food shall return to his work, after using the toilet, without first thoroughly washing his hands. SECTION 5. EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR ADULTERATED FOOD. Samples of food and other substances may be taken and exam» Ined by the health officer as often as may be necessary for the detection of unwholesomeness or adulteration. The health officer may condemn and fotbid the sale of, or couse to be removed or destroyed, any food which. I* unwholesome or j adulterated. SECTION «. A. Dlaease Cantrol — . No person who-is affected with any disease in a communicable form or is a carrier of such disease shall work In any restaurant or itinerant restaurant, and. no restaurant or Itinerant restaurant 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 or itinerant res- , taurant manager suspects that any employee has contracted any di- . sense in a communicable form or i has become a carrier of gjtch di- ; sease. he shall notify the health of- , fleer immediately. i H. Procedara When Infection Sb- . ■pet-fed — When suspicion arises as to the possibility of transmission ; of infection frdrn any restaurant or itinerant restaurant employee, the health officer is authorized to require any or all of the following measures: 1. The Immediate exclusion of I the employee from all restaur2. Tlia immediate closing of the restaurant concerned until no further danger of disease outbreak exists in the opinion ot the health officer: 3 Adequate medical examinations of the employee and of his associate* with such laboratory examinations as may be indicated. . SI-X’TION 7. INSPECTION OF RESTAURANTS. A. Fregneacy es Inapex-tlea — At least once each six months the heajth officer shall inspect each restaurant for which a permit nnd/or license is -required under the provisions of this ordindnß* Proved are When Violation" Voted — If dqrjjxg the Inspection of any restaurant the health officer discovers the violation of any of the sanitation requirements in Section J Bf this ordinance, tie shall issue'a-written order listing such Violations to the proprietor or. In hlk absence, to the person in charge and fifing a time within which the said propt-ietot of said restaurant shall abate and remedy such violations. A copy of the written order shall be filed With the records ot the health department. C. AattarHy' ta Inspect add fa Copy Recarda — The person operating the restaurant shall, upon the request ot the health officer, permit access to all parts of such restaurant and shall permit copying any or all. records of food purchased. D. Final Inspectlan. Proses-atloq «r Hearing far Violators, — If. upon a second and final inspection the , health officer finds that sueh restaurant. person, or employee Is violuting anv of ttio provisions of this ordinance which were in violation on the previous inspection, and concerning which xv written order was issued, the health' officer shall furnish evidence of the violation to the prosecutor having jurisdiction in the city in which the violation occurs, and be shall prosecute all persons violating said provisions of this ordinance. Or the health officer may promptly issue a w ritten order to the permittee and/or licensee of such restaurant to appear at a certain time, no later than ten days from the date of final Inspection, and at a place in said city fixed in said order to show cause why the permit issued under the provisions of Section 2A should not be revoked. E. Revac-allaa of Permit and Veldlag es License — The health officer upon such hearing, if the' permittee and licensee should fail (O show cause, shall revoke said | permit and promptly give written notice to the permittee. Upon the revocation of any permit by the health officer, the license of the permittee shall automatically be considered revoked, null and void. The health officer shall maintain a permanent record of his proceedings filed In the office of the health department. F. Native *f Rfvaked Permits Given Praprr City Official —.TJ* health officer shall give written notice tn the city/clerk of all rev<*r Action 11 V inspection of itinerant restaurants. A. FrCßaencv es iaspectloa — At least once tn each forty-eighwhour period 1 the health officer shall inspect each itinerant restaurant for which a permit and/or license is required under the provisions of this ordlnGTI C F -1 B Preeedare fa Foileßr When Bay ' Sanitation Vlalatlo* Noted —• If during the Inspection of ahy itinerant restaurant the health officer discovers the violation of any of the sanitation requirements in Section 4 of this ordinance, he shall order the immediate correction of . the violation. * r. Antberlty 1o Inspect and fa Capy Itecerdn — The person operating the Itinerant restaurant shall, upon the request of the health of- : Hc.er, permit accesß to al) parte of the itinerant restaurant and shall ; permit copying any or al) records of food purchased. D. Hevecatlea as Permit and PenaJtles fur Cadtinued eperatlaa — Upon failure ot any person tnqintglnlng of operating an itinerant restaurant to comply with any order of the health officer, Il shall bf the duty of th« health officer sum-

f I THE DECATUR DAILY DEMOCRAT, DECATUR, INDIANA

marily to revnk* the permit of such , person and establishment and to; forbid the further sale or serving of food therein. Upon the .revocation of any permit by the health officer, the license of the permittee shall automatically be considered revoked, null and void. Any person continuing to sell or serve food In such itinerant restaurant, the perntit of which has been revoked, shall be subject to the penalties provided In Section 11 of this ordlrt-atu-e. E. Native of Revoked Permits Given Proper Ulty Official — The health officer shall gtve written notice to the city clerk of all revoked permits. SKUTION 9. ENFORCEMENT INTERPRETATION. This ordinance shall be enforced by the health officer In accordance with the interpretations thereof contained In the Jndiana State Hoard of Health Regulation HFD No. IT, or amendment* thereto, which regulation governs the sanitation of public eating and drinking establishment*. Such Interpretations are included in Regulation HFD No, 17 in each Item of sanitation as "Satisfactory Compliance”. A certifl«\d copy of Uegul.-* tion HFD No. 17 shall be on tile tn the office of the city clerk of Decatur, Indiana. SECTION 10. GRADING OF RESTAURANTS. The classification "Sanitation Approved Restaurant" Is established for those restaurants which effectively discharge their responsibility to protect the public health In preparing, handling, and serving food as follows: A. A sanitation approved restaurant shall consistently meet the sanitary requirements of Section 3 of this ordinance. H. Upon the effective date of this ordinance every restaurant which complies with all of the requirements for a sanitation approved restaurant on two consecutive Inspections by the health officer, which inspections are separated by at least 30 dags, shall be provided with a sanitation approved placard which may be displayed in said restaurant. C. The sanitation approved placard shall remain the property of the health officer and shall be removed by the health officer from any restaurant the permit ot which has been revokx-d. Provided further, that the health officer shall remove the sanitation placard from any restaurant when said restaurant falls to meet the requirements for a sanitation approved restaurant on two consecutive inspections separated by at least 30 days. I D. For the purpose of determining eligibility for the sanitation approved rating, the health officer shall not consider as violations minor violations which are corrected during the course of the inspection. .f” • SECTION 11. \PENAI.TIES. Any person who violates the provisionsof Section 2A <>r\2J& of this ordinance shall be guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not more than three hundred dollars <s3no) for the first offepse, and for the second and each subsequent offense by a fine of not more than three hundred dollars ($300) to which may be added imprisonment for any determlpate period not exceeding six <o> months. Each day of opera- , tion of a "restaurant in violation of Section 2A or 2B of this ordinance shall constitute a distinct and separate offense. SECTION 12. REPEAL AND DATE OF EFFECT. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. and this ordinance shall be in full force and effect from and after its adoption and its publication as provided by law. SECTION 13. UNCONSTITUTION-Al-ITY CLAUSI4 Should any section. paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional, or invalid for any reason, the remainder ot said ordinance shall not be affected thereby. Adopted and approved by the. Common Council of the. City of Decatur, Indiana, on the Ist day of April. 1953. Hobert D. 4'ule. Robert D. Cole. Presiding Officer Miriam Hall, Miriam Hall. Clerk Treasurer Presented to the Mayor for his approval on this 2nd day of April, 1959. Miriam Hall, Miriam Hall. Clerk Treasurer Approved by me this 2nd day of April. 1958. Robert D. Cole, (Seal) _ Robeft_l>. <k>le. Mayor Miriam Hall. Miriam Hall, Clerk Treasurer (Hold) April 16. 23 Plan Traffic Court ' Seminar At Purdue Local Officials May Attend Purdue Meet ! A traffic court seminar for judges, prosecuting attorneys, and justices of the peace will be presented by the Indiana office of traffic safety April 22 and 23 at Purdue University in Lafayette. Local officials have expressed interest in the seminar and are planning to attend if local committments allow. Homer Byrd, judge of the Wells county circuit court, will be a featured speaker on pleas of guilty and not guilty in the mock trial session of the seminar. Also included in the program are: rules governing procedures in traffic cases, uniform traffic tickets, radar demonstrations, violator’s schools, penalization, right of way cases, and the financial responsibility, driver improvement, point system, and court. The two-day seminar will begin at 9 a.m. in the tower room of the Memorial Union building at Purdue university. The Tuesday session ends at 6:30 p.m. and the final session ends Wednesday at 5 p.m. Co-operating agencies in the sponsorship of the seminar are the American bar association, the traffic institute of Northwestern University, the Indiana bureau of motor vehicles, the Indiana legislative bureau, the Indiana state police, and the Indiana University law school. Not Interested CHICAGO - (UP) - Asurvey of 32,000 teenagers in the Chicago area reveals they gre not particularly interested in science and politics,, according to Illinois Insti- , tute of Technology. Topping the list of interest of the Chicsgo area teenagers is “clothing gnd personal Appearance.” Ranking far down the list were science and politics.

, RETAIL I'ooo MARKET ORDINANCE ORDINANCE VO. INMUI An ordinance deflnltfK food mN ket. food, employee, iiitetnwil. fierson. health officer, and other tenia: requlrinK permits, licenses. llncense fees for the operation of such establlahmenta; prohibiting the sale of adulerated. unwholesome, or misbranded food; regulating; the inwpecttion of such establishments; providing for the. enforcement of tfiis ordinance; and fixing penalties. BE LT ORDAINED by the Comnion Council of the I'lty of Decatur; Indiana, that: SECTION 1. DEF IN 17ION’S. The following definitions shall apply in the interpretation and enforcement of this ordinance: A. Food Market - - The term “food market’’ shall mean retail grocery, meat market, poultry market. fish market, fresh fruit and vegetable market, delicatessen, confectionery, candy kitchen, nut store, retail bakery stole, or any other establishment, whether fixed or movable, where food. Intended for human consumption off the premises, Is manufactured, produced, stored, prepared, handled, transported, sold ur offered for sale at retail: Provided. That the provisions of this ordinance shall not include ineat or poultry slaughterhouses. H. Food - - The term "food” shall Include all articles used for food, drink, confectionery, or whether simple, mixed or compound, and all substances or ingredients used in the preparation thereof. <'. Employee - - The term •'enuplovee" shall mean any person who handies food during its preparation or sale, or who comes in contact with any utensil or equipment in which food Is prepared or stored, or who is employed inea room or place in which food is prepared or sold. D. trenail -- The term "utensil" shall include all containers, or any equipment of any kind or nature with which food comes in contact after delivery to a food market, during storage, prepara-tlon, display or sale. E. Health Officer - - The term "health officer” shall mean the health authority having jurisdiction in the Uity of Decatur, or his authprized representative. F. Person - - The term "person" means any Individual partnership co-pantnershlp. firm company, corporation, a-ssoe lat ion, joint-stock company, trust, estate, or municipality, or his or its legal representative or agent. SECTION’ 2. HERMITS. A. Permits - -It shall be unlawful for anv person to operate a food market in the city of l»e< atur, who does 'not possess a valid permit from the health officer. Such" permit shall be posted in a conspicuous place in auch food market. Only persons who comply with the applicable requirements of this ord’nenree shall be entitled to receive and retain such a permit. The permit tor a food market shall be for a t«rm of one year heginrUng January Ist •and expiring liecehiber Slst of the same year and shall be renewed annually. Any permit issued by the health officer shall contain ■ rhe name and address of the person to whom the permit Is granted, the address of the premises for which the same is issued, and such other" pertinent data as may be required bv the health officer. A separate permit shall be required for each food market operated or to be operated by any person. A permit shall be issued to any person on application’ after inspection and approval ,tby the health officer: Provided, that the food market complies with all the applicable provisions of this ordinance. No permit or renewal thereof shall be denied or revoked on arbitrary or capricious grounds. *• B. License and License Fee - - It shall be unlawful for any person to operate a food market in the City of Decatur, who does not possess a valid license for the operation of such establishment. The license shall be for a term of one year beginning January Ist and expiring December 31st of the same year and shall be renewed annually. ' Such license shall ba provided by the ci tv Clerk, if there is presented at his’ office a valid permit from the health officer together with »2.00, or witq »1.00. if the application for license Is made on or after June Ist. A separate license shall be required for each food market operated oc to be operated by any person. C. Permit, License. and Llcfane Fee Exemption -- Mobile food markets owned by a person operating a food market which is licensed under the provisions of this ordinance. and possessing a valid permit from the health officer to operate such a food market, shall be exempt from the provisions of Sections <2A and 2B of this ordinance. However, such mobile food market shall be considered to be an integral part=t>f the food market from which .it operates and shall comply with the sanitary provisions of tills ordinance. Establlshftients which sell or offer for sale only prepackaged confections such as candy, chewing gum, I nut meats, potato chips, pretzels, ! popcorn, and soft drink beverages, ior food dispensed from a coin oper'ated vending machine, shall be ex'empt from the provisions of Section I2A and 2B of this ordinance I SJ-XTiON 3. MINIMUM SAJNIDTAItION RIXJULREMENTS FOR FOOD I MARK ETS. All food markets shall i comply with the following Items of i sanitation: I Item 1. Fleers — The floors of all rooms In which food is stored, prepared, processed, or offered for sale, or in wljlch utensils are washed. shall be of such eon st ruction as to be easily cleaned, shall be smooth. and shall be kept clean and in good repair. item 2. Walls and Celllegs — Walls and ceilings of all rooms shall be kept clean and In good repair. All walls adjacent to food preparation or processing equipment, such as meat blocks, work'tables.rixlxers. and utensil washing facilities, shall have a smooth wiashathle surface up jo the level reached by splash or spray and shall be finished tn a light color. Walls and ceilings of poultry and fish processing rooms shall be smooth and washable. Item 3. Doors and Wlwdowo — When files are prevalent, all openings into the outer air ehall be effectively screened and doors shall be self-closing, unless other effectjve nieans are provided to prevent the entrance of flies: Item 4. LlghtisK — AM rooms in which food is stored or prepared or In which utensils are washed shall be kept adequately lighted. Item 5. Veetllatlow —• All rooms In which food is stored, prepared or SKI Id. or in which utensils are washed, shall be adequately ventilated. „ Item 6. Toilet Faculties — Every food market shall be provided with adequate and conveniently located water-flush toilet facilities for its employees. The 'toilet fixtures and the installation of same shall conform with the plumbing Ordinance of the Citv of 'Decatur, and conform with the rules and regulations of the Administrative Building Council of Indiana. Toilet rooms shall not open directly Into any room in which food or utensils are handled or exposed. The doors ot all toilet rooms shall be full length, tight-fitting. a»d /self-closing. Toilet rooms shall be kept in a clean condition. in good repair, well lighted, and ventilated. Handwashing signs shall be posted in each toilet room used by employees. Item 7. Lavatory Facilities — Adequate and convenient hand washing facilities shall be provided, including hot and cold running water, . snap and approved sanitary towels. • The use of a common towel is pro- , hlbited. No anuployee shall resume work after the toilet room without washing his hands. Lavatories and washrooms shall be maintained in . a clean. sanitary condition. : , Item ». Water Sapply — Jtuii.nl tig , hot and cold water, under pressure, ; trftal! be easily accessible to all i rooms Ln Which Mod is prepared or handled, or utensils are washed, and i shall be adequate and of an approv- < ed sanitary quality. If a private Water supply is main- 1

Utined. the supply and all nppurtemances thebeto shall be constructed. installed and maintained as required by the Indiana state Board of Health, and approved by the health officer, before the water supply Is used. A sample of water from private wells must be sent to a recognized laboratory once every four months for bacteriological analysis, and a copy of the report of analysis shall be filed with the records of the health department. Item 9. L’enstractlM at I reaslls ■ad Eqatpmeat — All licenses, show and display cases or window*, coun-' ters, shelves, tables, refrigerating equipment, sinks, and other equipment or utensils used in connection with the operation of a foul market shall be so constructed as to be easily (leaned and shall tie kept in good repair. Utensils containing ar plat el with cadmium or lead shall not be used: Provided, that solder containing lead may be used for Jointing. item 10. Cleanlag of Vteasils and Equipment — All equipment, including display cases or windows, counters, shelves, tables, refrigerators, mixers, moat blocks, grinders, slicers, saws, and sinks shall be kept clean and free from dust, dirt, insects, and other contaminating material. AH cloths used by employees shall be clean. Single-service containers shall be used only once. Al! utensils and equipment used for the preparation, prepartion-, processing, and storage of food shall be thoroughly cleaned Immediately following each day s operation. No article, polish, or other substance containing any cyanide preparation or other .poisonous material -shall be used for the cleaning or polishing of utensils. -Approved facilities shall be provided for the washing and sanitization of utensils. Item 11. .Storage aad Handling es I reaslls ssd Equipment — After ut.ens.Hs and equipment have been cleaned as provided In Item 10, they shall be stored in a clean, dry place protected from flies, dust, and other contamination, and utensils shall be handled in such a manner as to prevent contamination as far as practicable. Single - service utensils shall be purchased only in sanitary containers and shall be stored therein In a clean, dry place until used, and shall be handled in a sanitary manner.. dippers, and spatulas used for dispensing lee cream and frozen desserts shall, when not in use. be kept in running water or water maintained at 170’F. Item 12. Disposal «f Waste — All waste shall be properly disposed of. and all garbage and trash shall be kept in suitable receptacles. Ln such a manner as not to become a nuisance. Item 13. Refrigeration —- Refrigerating facilities shall be of adequate capacity to provide ample storage space for all perishable foods on hand at all time?. AH readily perishable foods, excgpt foods that are purchased in a frozen state or are frozen after purchase by the food market, shall be kept at or below 6O‘E., except when being ’prepared. processed or sold. All readily perishable foods purchased in a frozen state or froaen after purchase by the food market shall be stored or displayed at or below a temperature of 10’.. except when being prepared processed or sold. An accurate Uterometer Ahall be located in each refrigerator. Waste water from refrigeration equipment shall be properly disposed of . All ice used shall be from a source approved by. the health officer and shall be stored and handled Ln such a manner as to prevent its contamination. Item 14. Wboleaomenrss of Food — All food shall be clean, wholesome, free from adulteration and gross spoilage, and shall not be misbranded. Food shall ibe so prepared or processed as to be safe for human consumption. All mHk and milk products shall be from sources complying with all laws, rules and regulations of the Indiana State Board of Health. AU oysters. clams and mussels shall be from approved sources, and if shucked, shall be kept until sold in containers In which they plated at the shucking plant Each poultry carcass at time of evisceration shall be washed Inside and out by a steam or spray of water under moderate pressure. Item 15. Starage Display, and Haadltng as Food — All foods shall be stored, displayed and handled In such a manner as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection. overhead leakage, sewage backflow, poisonous compounds and other corrtamlnatlrxp. and shall not be stored In direct contract with any floor. No animals or fowls shall be kept or allowed Irr ahy room in which food is prepared, processed, or stored. All means necessary for the ellmination of flies, roaches, rodents, and other, insects and verml-tr shall be used. Meat blocks or -WorktaWes upon which poultry is eviscerated shall not be used Ln the processing or preparation of any other type food. Item 1«. Cleaaltaeaa es Employees —‘All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in the handling of food, utensils, or equipment. Employees who handle unwrapped foods slusll wear a suitable heaid- covering to protect such foods from contamination by human Jiair. Employees shall not expectorate ar use tobacco in any form in rooms in which food Is prepared or processed. Item 17 Every employee as defined in Section 1C of this ordinance before being accepted by any employer for employment in any Food Market as defined .herein shall be required to obtain a health certificate from a licensed physician in the Slate of Indiana, showing said employee to be free from gonorrhea. syphilis, tuberculosis, typhoid, measles or any other infectuous or contagious disease and which certificate shall be renewed by said employee annually -thereafterItem .18. Mlaeellaaeaaa ~~ The premises of all food markets shall be kept clean and free of litter and rdbbish. None of the connected with a food market shall be conducted in any room used as living or sleeping or in any room which opens directly Into living or sleeping quarters. Adex quate lockers or dressing rooms shall ®e provided for employees’ clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers provided for this purpose. SECTION 4. MkN’TMI.'M SANITARY REQUIREMENTS FOR FOOD MARKETS WHICH STORE, IHSPILAY. OFFER FOR MALE, OR SEJMj ONLY PREPAFKAjGtHD kXX>D LN ORIICINAL CONTAINERS AS RECEIVED FROM THE MANXFACTI’RER, DISTRIBUTOR. OR JOBBER, AND/OR HRIESH FRUITS AND VECBETABI.ES. Such a food market shall comply with the following requirments: tit shall be located In clean surroundings and be kept in a clean, sanitary condition. All equipment and utensils used in the storing, display and preparation of food shall be kept clean. Only food which is clean, wholesome, free from spoilage and adulteration shall be sold. No food shall be stored or displayed tn direct contract with ground, sidewalks, or floors. No food shall be stored or displayed Ln any manner which may result Iri the food being contalnated by dust, handling, animals, overhead leakage, or other means. Food in nonleakproof containers shall not be stored with the pouring Up of the container under water. Garbage and refuse shall be kqpt ■in tightly cowered, watertight .containers until removed and shall be disposed of daijy in a place and manner that does not create a public health hazard. Liquid waste ahall be disposed of Ln • public sswsr, or In the absolves of a. .public sea-er, by * mdtfiSd whJ<fl| exjsnniles with arts pud rsShMsAtoaP es the indJin*. State Board erf Health. Al! plumWng small comply *JUi the Plunnbfivg Ordinance of the Chtj; of Decatur, and cwnsply wW the rules and .regulations r«rewrlbe4 fry the Administrative Building Co-

. aincil of Indiana. Refrlgemtirig facilities shall be of - adequate cupucity to provide ample 1 storage space for a.ll perishable Mods. All readily perishable foods, • except foods thgt are purchased In 1 a froxen state or are frosen after . pui'olume by the food inurket, shall - be kept at or below 50°F., except - when being sold. AH readily per- . Ishable foods purchased in a frosen i state or frozen after purchase by the food market shall be stored or 1 displayed at or 'below w .temperature r ot JOnF., except when being pro* Cessed or sold. An accurate thetr mometer shall be located In each . refrigerator. Waste water from 1 refrigeration equipment shall be prot erly disposed of. 'Employees shall be clean and 1 shall not expectorate within the est- : abllshmenl. 1 SECTION 5. EXAMINATION AND r CONDHMNATUIN Ob' L NWHOLEr HOME OR AI>UXT.HitA.TED FOOD. Samples of food and other substI anves may be taken and examined -by the health oflicer as often as . may be necessary for the detection , of unwholesomeness or adultera- . tion. The health officer may cont demn and fortbld the sale of, or . cause to be removed or destroyed, ■ any food which is unwholesome or t adulterated. SETbON «. DISEASE CONTROL A. Disease Ceatroi •— No person I who is affected with any disease in ; a communicable form or 1h a carrier I of such disease shall work in an.v ’ food market, and no food market shall employ gny such person or • any person suspected of being affected with any disease in a communicable form or of being a carrI ie.r of such disease. If the food market manager suspects that any ernf.loyee has contracted any disease n a communicable form or has become a carsler of Much disease, r he shall notify the health officer ■ immediately. B. Freeeaaee Wbep lafevtiaa Xwapesded — When suspicion ari.-ws as ' to the possibility pf transmission of ‘ infection from any food market em- • ployee, the health officer Is auth- - orixed to regulra %ny ur all the fol- - lowing measures: 11. The immediate exclusion of the employee from all food mar1 kets. I 3. The immediate closing of the food market concerned until no further danger of disease outbreak exists in the opinion of I the health officer. 1 3. Adequate medical examinations of the employe* and of his associates wirh such laboratory I examinations as may be indl1 rated. I SECTION 7. INSPJXTION OF FOOD l MAItKHTS b A. Freqaeaey es laspeetiea — At least once each six months the hea- • Ith officer ahall Inspect each food . market for which a permit and/or . license is required under the pro--1 visions of this ordinance. B. Praeedare Wbea Vlolatlaaa Net- : ed —ls during the Inspection of any • food market the health officer disl covers the violation of any of the sanitation requirement* In Section 3 of this ordinance, he shall issue a written order listing such vlo- . latlons to the proprietor or, in his absence, to the person in charge ■ and fixing a time within which . the said proprietor" of said food , market slgill abate and remedy such violations. A copy of the writ- ■ ten order shall be filed with the > records of the health department. C. Autharfty t* laapevt aad to I Copy Heearda — The person operating the food market shall, upon I the request of the health officer, 1 permit access to all parts ot such food market and shall permit copying any or all records of food purI chased. D. Flaal loapaetlaa-Proaodptiaa I or Heartag far Vlalatora — If upon t a second and final Inspection the ■ health offtetr finds that such food ■ market, person, or employee is vlo--1 lating any of the provisions of 1 this ordgiunce which were in vloI lation on the previous inspection, s and concerning which a written ors der was issued, the haalth officer ■ shall furnish evidence of the vbola- > tion to the prosse"tof bating jur--1 isdlctton, in the city In whf' h the t violation occurs, and he shall prosecute ail persons violating said t provisions of this ordinance. Or • the health officer may promptly r issue a written order to the permittee and/o>r licensee of such food I market to appear at.a certain time. 1 no later 'than ten days from the I date of final inspection, and at a I place In said city fixed in said order ■ to show cause why ths permit issu- ■ ed under the provisions of Section 2A should not be revoked. . E. Hevocatloa of Permit aad Valdl Lag as Lieeaae The health officer : uponsuch hearing. If: the permittee and pcengee should fail ‘to show s cause, shall revoke said permit and I promptly give written notice to the . permittee. Upon the reo'oeation of ■ any pepmlx iby the health officer, the .llccrise of rhe permittee shall r automatically be considered revoked, n-ull and void. The. health officer 1 Shall maintain a permanent record I of bis proceedings filed in the office ■ of the health department. F. Neitoe as Revoked Penalt Btv. > ea Praper City Official — The hea--1 Ith officer shall give written notice • to the city Clerk pt all revoked ■ permits. MIXTION I. ENFORCEMENT TN--1 TERFRETATION. This ordinance ■ shall be enforced by the health off- : icer In accordance with the interpre- ’ latlons thereof contained In the Indi- : ana State Board of Health Regulation HFD No. Id. or amendments 1 thereto, which regulation governs rhe sanitation of retail food mar- ■ Jtets. -Such Interpretations are ln-_ : eluded" in Regulation HFD No. 19 in ■ each item of sanitation as 'lSatiaI factory Cotfrpllance”. A certified I copy of Regulation ILFD No. IS shall • be on file in the office of the City 1 Clerk of Decatur. Indiana. 1 SECTION 9. GRADTNO OF FOOD ■ MARKETS. The classification "san- . Ration approved Food Market” Is r established for those food markets ■ which effectively discharge their 1 responsibility to protect the public -health la preparing, handling,-and - selling food as follows: A Saaltatlan Approved food mari ket shall consistently meet the san- ■ itary requirements of Seetfom 3 of t this oMi nance. < B. Upon the effective, date of 1 this ordinance every food market • which complies with all of the re- • qaiirements for a sanitation appro- ' ved food market on two consecutive Inspections by the health officer, ■ which 'inspections are separated by ■ at least 8# days. KhaU be provided 1 with a Sanitation Approved placard which may be displayed in said food market, C The Sanitation Approved pla- . card shall remain the property of the health officer and Hhall be re- ■ moved by the health officer from > any food market the permit of which • has Ibeen revoked. Provided furt ther, that the health officer shall • remove the sanitation approved placard from any food market when ' said food market' fails >to meet the requirements for d Sanitation App- ■ roved food market on two conse- . cutlve Inspections separated by at t least 30 days. . / D. For the purpose of determing I eligibility tor itihe Sanitation Approved ratting, the health officer shall not consider as violations minor violations which are corrected during the course of the inspection. SECTION 10. PBNAUTBES. Any person who violates the provisions of I 14601100 SA or SB of this ordinance shall be guilty of a misdemeanor ! and shall, upon ConvletLo-n, be pun- . Ished by a. fine of not more than ' three hundred dollars (3300) for the first offense, and for the second t and each subsequent offense by a ' fine of not more than three hundred dollars 6MO0) to -which may be added Imprisonment fixr any ireterminate period not exceeding siix (8) ■ months. Each day of operation of a food market in violation of Section OA or SB of this Ordinance shall constitute p distinct and separate offense. , OTCTRN 0. 1 JMafEAL AND DATE Ibis AMJnAnca «f« ketfby rwdaled. ami tuts ♦Minajate shgir pe in -full force Und erteiM from and after Ite Adopt low and ltd vtrtdfcation m provided by lav. hettion i 2. njnwmvmuLITT CLAUSE. Should any section »

WEDNESDAY, APRIL 16, 1356

1 . i paragraph, sentence, clause, or pnrase of ths ordinance be declared unconstitutional, or Invalid tor reason, the remainder of said ordinance shall not Ibe affected therebj . Adopted and approved by the Common Council of the City of Decatur. Indiana, on the Ist day of April, 1958. Hebert 1». Cale. Robert »». Cole, Presiding Officer Miriam Hall. Mlrlqm Hall, Clerk Treasurer Presented to the Mayor tor his approval on this 2nd day of April, 1958. Miriam Hall. Miriam Hall, Clerk Treasurer Approved by me this And day ut April, 1958. Rabert D. Cole, (Heal) Robert D. Cole, Mayor Miriam Hall. Miriam Hull, Clerk Treasurer. (Hold) April 18. 2S Fined On Charge Os Public Intoxication Joseph T. McQuillen, Jr., 50. Portage, Pa., paid a fine of $5 and costs, totaling $20.75, and was given a 30-day suspended jail sentence in mayor’s court after pleading guilty to a charge of public intoxication. McQuillen was arrested by the city police April 14 in the 1000 block of Monroe street at 8:45 p.m. and was held ih the Adams county jail pending his appearance in the court.' Friday Heavyweight Fight Is Called Off WASHINGTON ffl — Friday's scheduled 10-round heavyweight bout between Alex Miteff of Argentina and Willi Besmanoff of Germany has been called off because Miteff has developed a severe body rush. Lightweights Labour! Godih of Algeria and Larry Baker of Mt. Vernon, N. Y., have been matched as a replacement. Boston Bruins Tie Series With Montreal BOSTON IB—The Boston Bruins headed for Montreal today tied at two games apiece with the Canadiens in their Stanley Cup final after goalie Don Simmons’* latest brilliant effort. Simmons, playing only his second year of National Hockey League competition, missed a shutout only on a perfect play by Montreal Tuesday night as the Bruins turned back the Canadiens, 3-1, at the Garden. Bowling Scores Classic League W L Pts. Riverview Gardens 29 10 39 Leland Smith Ins. 22 17 31 Butler’s Garage -.22 17 30 Acker Cement .. 22 17 28 Burke Elevator 19 20 25 Mies Recreation -.18 21 24 Peterson Elevator 18 21 24 Decatur Lumber Co. 16 23 22 West End Rest. 17 22 21% Decatur Farms 12 27 15% High series: Glen Baumgartner 616 (189, 201. 226). High games; A. Buuck 200, W. Gallmeyer 235, N. Bultemeier 205, L. Zwick 203, D. Reidenbach 213, D. Burke 201, P. Smith 208, L. . Reef 244, J. Meyers 204, A. Baker 211, C. Mies 242, A. Andrews 210, W. Marbach 225, P. Schroeder 200, O. Schultz 214, W. Petrie 202, J. Ahr 226, J. Harkless 208. H Strickler 206. • Rural League W L Pts. Mirror Inn 27 9 36 McConnell 22 14 31 Preble Tavern .... 22 14 30 Limberlast Archery 22 14 28 Chucks Marathon 22 14 28 Blackstone 21 15 28 Schrocks Builders .. 14 22 18 Rural Youth 14 23 17 Schindler Painting 11 25 16 Stucky & Co. 6 30 6 High games: Dick Gage 209, Dan Shackley 203, A. Show 201, Jack Fawbush 200. Women League W L Pts. Three Kings Tavern 27% 11% 36% Blackwells „1 27% 11% 36% Two Brothers2s 14 35 Mansfield 24 15 33 Aspy Standard Ser. 23 16 33 Adams Cty. Trailer 24 15 32 Hoagland Lumber .. 23 15 32 Krick • Tyndall .. 20 19 29 ~ Beavers Oil 10 20 27 7 Up ’ 18 21 25 Harmans Market .. 19% 19% 24% Alp s Brau - 18% 20% 24% Drewrys £H ... 21% 24% Kent Realty 18 21 23 Treons i 7% 2 i % 2 1% Citizens Telephone 17 2Z 19 Brecht Jewelry .. 16 23 17 Adams Theater .. 13 26 n Arnold Lumber .... 10% 28% 12% Lynch Box 10 29 12 High team series: Two;Brothers 2482, Three Tavern 2290, Hoagland Lumber 2240, Mansfield 2160, Blackwells 2112 Adams County Trailer 2103, Beavers Oil 2085, Drewrys 2078, Aspy Standard Service 2041, Lynch Box « Theat€r 2015, Kent Realty 2010. 500 series: — Violet Smith 558 (194-184-180), Pauline Clark 553 Isabel Bowman 502 (168-177-157), Elda Schuller 502 (201-136-165), Alvina Trosin 502 (127-161-214). , High single game: Aldin Hoile 197, Helen McClure 190, Virginia Gallmeyer 180-189, Susan Schnepp 1«). Jerry Smith 180, Florence Moser in, Dorothy Hoile 17?, Bernadtae Appelman 176. Evelyn Strickler in, AHee Lujrben in. Getting ITL Lee Nelson iq, Evalyn Oettta< 171. Lucy Can 170, Opal Myers ITO, WiUadine Schroeder 170.