§ 6-43. Restaurants.

(a)

Definitions. The following terms, as used in this section, shall have the meanings stated:

Employee means 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 and drink is prepared or served.

Itinerant restaurant means a restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or similar gathering and street stands.

Restaurant means a restaurant, coffee shop, cafe, short order cafe, luncheonette, food bar, or snack bar in connection with another business, sandwich stand, or soda fountain, wherein food is prepared and offered for sale, and intended for human consumption.

Utensils means any kitchenware, tableware, glassware, cutlery, containers, or other equipment with which food or drink comes in contact during a storage, preparation or serving.

(b)

License required. It is unlawful for any person to operate a restaurant or itinerant restaurant without first having obtained a license therefor from the city.

(c)

Unsanitary conditions prohibited. It is unlawful for any person to operate a restaurant or itinerant restaurant if the same is in a filthy, unclean, unsanitary or substandard condition.

(d)

Power of board of health. If, in the opinion of the board of health, any restaurant or itinerant restaurant is operating in violation of this section, the board of health shall notify the operator thereof to place the same in a clean and sanitary condition within a reasonable time to be stated in the notice, which shall in no case be less than 48 hours and failure to comply with such notice within the time so stated shall be deemed a violation of the provisions of this section.

(e)

Diseased employees prohibited. It is unlawful for any person to work in or about any restaurant or itinerant restaurant, or for any employer to knowingly permit any person to work in any such place whose condition is such that disease may spread to his associates or to the public directly through the medium of food, food products or food service, whether such condition is due to a contagious, infectious or venereal disease, in its active or convalescent stage, or to the presence of disease germs, whether accompanied by or without any symptoms of the disease itself.

(f)

Physical examination required. It is unlawful for any person to be employed or work as a food handler without first having taken a physical examination given by any physician licensed to practice in the State of Minnesota, and having obtained a certificate therefor, as being free of any communicable disease.

(g)

Special physical examination. Whenever a complaint is made, or whenever in the opinion of the board of health the same is necessary, special physical examination of the persons suspected of violating this section shall be held, and such persons may be prohibited from continuing in such employment if they are found to be diseased or otherwise to be violating the provisions of this section.

(h)

Adoption of standards by reference. The Requirements and Standards of the Minnesota Department of Health, issued pursuant to Minnesota Statutes, for food, beverage and lodging establishments are hereby adopted by reference as though repeated verbatim herein. Three copies of said requirements and standards shall be kept on file in the office of the city administrator and open for inspection and use by the public, and shall be marked with the words CITY OF INTERNATIONAL FALLS-OFFICIAL COPY.