1462
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BY-LAV{NO. 1462
To Provide for Licensing and Regulating Victualling
Houses, Ordinaries and Houses Where Victuals Are
Sold to be Eaten Therein and Places for the Recep-
tion, Refreshment or Entertainment of the Public.
The Council of the County of Elgin enacts as follows:
1. No person, firm or corporation shall keep, operate
or maintain a victualling, house, ordinary or house where
fruit, fish, oysters, clams or victuals are sold to be 'eaten
therein or a place where food'änd drink are served to t,he pub-
lic or for the lodging, reception, refreshment or entertainment
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of the public in the County of Elgin unless a license therefor
shall have been first obtained from the Clerk of the County of
Elgin.
2. Licenses may be issued under this By-Law to permit of
the keeping, operating or maintaining of such houses, ordinaries,
aJad places, subject to the requirements in connection with th~
issue of same as hereinafter set out, as follows:
(a) A Restaurant License.
(b) A Refreshment or Dairy Bar License.
(c) An Ice Cream Stand License.
3. Every person, firm or corporation to whom a license is
issued under this By-Law shall pay to the Clerk of the County
of Elgin; on obtaining,
(a) A Restaurant License, a fee of Two Dollars
(b) A Refreshment or Dairy Bar License, a fee of
Two Dollars
(c) An Ice Cream Stand License, a fee of One Dollar.
and every such license shall expire on the last day of December
following the issue thereof. It is understood that this By-Law
does not preclude the right of local municipalities to impose
license fees in lieu of business tax.
4. Application for such licenses shall be made in writing
to the Clerk of the County of Elgin on forms to be provided by
him and approved'by the Medical Off~cer of Health of the Elgin-
st. Thomas Health Unit.
5. The Clerk of the County of Elgin shall not issue any
such licenses until he shall have received a certificate from
the said Medical Officer of Health that the house,
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ordinary or place for which the license is to be granted have
been inspec'ted by him or his representatives and is satisfac-
tory to him and in conformity with the provisions of this
By-Law for the type of licßnse desired.
6. No establishment licensed hereunder shall serve
milk except in the original container and in half-pint, pint
or quart liaperial measure.
7. No keeper or operator of any such house, ordinary
or place where fruit, fish, oysters, clams, victuals, foods
and drink are sold to be eaten therein shall suffer or permit
any vagrant, drunken or disorderly person or persons of loose
or ilITmoral character to be or remain therein nor shall such
keeper or operator permit any disorderly conduct to take
place therein.
8. It shall be the duty of the keep~r or operator of
every such house, ordinary or place mentioned in this By-Law
to see that the provisions of this By-Law are carried out, and
any such keeper or operator permitting any violation of any
of the provisions hereof shall be subject to the penalties
hereinafter imposed.
9. All licenses granted or issued under the provisions
of this By-Law shall be subject to revocation at any time by
the Council in its discretion, or on the recommendation of the
Medical Officer of Health.
RESTAURANTS
10. All the provisions of this By-Law numbered 1 to 9
inclusive, 11 to 38 inclusive and Sec'tion 45 shall apply to
persons, houses, ordinaries or places licensed as a restaurant.
11. Every house, ordinary, place, apartment, or room in
which food and drink are served or which are set apart for the
serving of food and drink, must be properly lighted and ventila-
ted and all plumbing constructed must be satisfactory to the
Medical Officer of Health or inspectors acting under his
authority.
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12. All rooms, apartments or plaoes in every house,
ordinary orplaoe set apart for the storage of food or food-
stuffs shall be properly lighted and ventilated and must at all
times be kept in a striotly sanitary oondition.
13. All rooms, Qr plaoes .
apartments/~n every house, ord~nary or
,
plaoe used for the purpose of oooking or the preparation of
foodstuffs or ioe oreams, shall be used exolusively for that
purpose, a.nd no suoh rooms or a.partments shall be situate,
100ated or in the basement of said house, ordinary or place
,
without the written oonsent of the Medioal Offioer of Health.
14. All rooms in every house, ordinary, apartment or
plaoe used for the oooking and preparing or serving of food-
stuffs or ioe oream shall have floors and walls so oonstruoted
as to exolude rats, mice, vermin, eto., and kept in a state of
good repair. Floors must be either of impervious material or
of hardwood with tight joints or oovered with linoleum.
15. No dogs, oats, or other ,animals shall be allowed in
any house, ordinary, apartment or plaoe where food or ioe
ore,am is kept or prepared.
16. The rooms in every house, ordinary, apartment or
plaoe must be kept in a striotly' sanitary oondi tion at all
tímes. The walls and oeilings of any apartments or rooms used
for oooking and preparing foodstuffs or ioe oream shall be
painted light oolor with enamel finish or whitewashed. If
painted, they shall have two ooats of paint, whioh must be
renewed at least every two years. If whitewashed, the white-
washing must be renewed every six months.
17. The portion of the walls of said rooms, for six feet
from the floor must be so oonstruoted and finished as to be
oapable of being thoroughly oleansed with soap and water as
frequently as may be required to keep them olean at all times.
18, All furniture, tables, oounters, ranges, stoves, eto, ,
and all applianoes in suoh rooms shall be so arranged as to
permit of ready and easy oleaning, and all utensils, imp~ements
furniture and other applianoes shall be kept and maintained in
a olean and sanit~ry oondition.
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19. No sleeping-rooms, lavatories or washrooms shall be
within the room or apartments used for the preparation or
cooking of foods or ice cream or for the storing of foods, nor
shall they communicate directly with such rooms, but either
with the open air or through a properly ventilated and lighted
passageway.
20. No wearing apparel, boots, shoes, or other wearing
effects not being worn shall be kept in any kitchen, or any
place where food or ice cream is prepared, and a suitable place,
separate from said rooms, shall be provid.ed for such clothes.
21. All such houses, ordinaries, apartments, restaurants,
or places shall maintain for the use of cooks', helpers and
others engaged in the preparation or cooking or serving of
foods, sanitary toilet and washing facilities satisfactory to
the Medical Officer of Health.
22.?Al'ly,Þ.er.sonsQ engaged visiting any sanitary convenience
must always carefully wash the h~nds with soap and water before
returning to his or her duties.
23. No person shall work or be employed in or about any
such house, ordinary, apartment, restaurant, kitéhen or place
during the time in which there is any communicable disease in
his home, nor thereafter until the quarantine has been removed
by the Health Unit. No person shall bè employed in or about
any such house, ordinary", apartment, restaurant, kitchen or
place who is suffering from any communicable disease.
24. If any sleeping places are located on the same floor as
the Restaurant, they shall be well ventilated and lighted and must
not communicate directly with the aforesaid rooms.
25. All working men and employees, while engaged in the
.
handling or preparing of food or ice cream shall be provided
with slippers or shoes, and a suit of washable material, which
shall be used for that purpose only. Those garments must at
all times be kept clean.
26. All said houses, ordinaries, apartments, restaurants,
or places shall provide, in places where foodstuffs or ice cream
are kept, prepared, cooked, or served to customers, full pro-
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tection from dust, dirt flies and vermin by glass cases where
necessary, or wire screens and other modern methods, and shall
cause the abatement and destruction of flies and vermin whenever
found.
27. All such houses, ordinaries, apartments, restaurants or
places shall be equipped with covered metallic cans for retaining
and keeping their garbage and waste in a sanitary condition
which shall be kept in such a place and manner as will preclude
nuisance and contamination of the kitchen and such rooms from
odors, and all such refuse must be removed from the premises at
least once in every twenty-four hours.
28. ,All such houses, ordinaries, apartments, restaurants
or places shall be provided with a store-room or suitable place
for the keeping of food and foodstuffs; and all refrigerators
shall!'be' kept thoroughly cleaned in all parts, and drained in a
,
sanitary manner, but no refrigerator shall drain by direct com-
munication with any sewer.
29. No dry sweeping shall be permitted in any house, or-
dinary, apartment, restaurant or place where food or ice cream
is prepared or served for human consumption.
30. Restaurant kitchens and other rooms connected therewith
and Refreshment and Dairy Bars shall be provided with ample
facilities for washing and sterilizing all utensils, and with
a proper supply of hot and cold water. Sinks may be of porce-
lain, cast iron', enamelled, wood lined with 14-ounce copper.
There must be two, or more where necessary. The section used
for sterilizing must be at least twelve inches deep and 'of
sufficient size to do the work properly. Sinks must be put in
place in'a secure manner. All work done in connection with
waste pipes and water pipes must be to the satisfaction of the
Medical Officer of Health.
31- Milk and butter shall be kept'in an ice-box or re~r-
igerator separate from meat vegetables and other articles of
food.
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32. All kitohen and dining-room floors shall be oarefully
mopped and cleaned or oiled at least onoe every twenty-four '
hours.
33. All knives, forks, spoons, dishes and other tableware
shall be thoroùghly washed and oleaned to the satisfaotion of
the Medioal Offioer of Health.
34. No table linens, napkins, eto. , shall be permitted to
be used for a seoondperson.
3ß. All rooms and apartments in suoh houses, ordinaries,
restaurants or plaoes where food or foodstuffs or ioe ore~ are
stored, prepared, cooked or served shall be adequately soreened
and proteoted from dust and ~lies from April 1st to November 15th
in eaoh year.
36, No oloths or tOwels shall be used for the drying of
dishes and/or outlery afte,r a reasonable degree of soiling and
wetting.
37. No.oloths or tOwels shall be used for washing, wiping
or drying table or oounter tops after a reasonable degree of
soiling. In oases of repeated failures tooomply with this pro-
vision, the Medioal Offioer of Health, or the Sanitary Inspeotor
may require the use of table oloths or paper serviettes to oover
suoh tables or oounters.,
38. Wash basins and, toilets for use of the public must be
thoroughly washed and a suitable sterilizing solution applied to
all souroes of human oontaot at least onoe daily. The floors and
walls must at all times be kept olean. Single servioe towels or
paper towels may be used. In places where odors ooour, a suitable
deodorant must be used.
REFRESHMENT OR DAIRY BARS
39. Seotions numbered 1 to 9 inclusive and Sections
numbered 11, 14, 15, 16,17,18,19, 20, 21, 22, 2), 24, 25, 26,
27, 28, 29, 30, 32, 3), 35, 36, 37, 38, 40, and 44 shall apply
to persons, houses, ordinaries or plaoes lioensed as a Refresm[ent
Dairy Bar.
40. No fruit, fish, oysters, clams, viotuals, foods or
drink other than milk and milk products, soft drinks and bottled
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drinks, sandwiches, confectionery, ice-cream anàice-cr,eam
'd,i$h'es, sllall be", served in, or:: from any h'ouse, , ordiÍ1ar'y or place
licensed as a Refreshment or Dairy Booth. '
ICE CREAM ST"tNDS AND BOOTHS
4l. Sections numbered 1 to 9 inclusive and Sections num-
bered 11, 13, 14, 15, 16, 17, 18, 19, 20, 22, 23, 21f, 25, 26, 27,
28, 29, 32, 35, 36, 38, and Sections 41 to 44 inclusive of this
By-Law shall apply to persons, houses, ordinaries places ör'vehiêles
licensed as an Ice Cream Stand.
.
42. No fruit, fish, oysters, clams, victuals, foods or
drink other than ice cream and bottled' soft drinks shall be served
in or from any house, ordinary place or vehicle licensed as an
Ice Cream Stand and then only from an ice cream or soft drink
cabinet.
43. No ice cream or drinks may be served in a house,
ordinary or place licensed as an Ice Cream Stand except from a
container disposed of after being used once or from its original
bottle container, and no such container may be used more than one
time.
44. Any persons convicted of a breach of any of the
provisions of this By-Law shall forfeit and pay, at the discretion
of the convicting Magistrate, a penalty not exceeding the sma of
Fifty Dollars for each offence, exclusive of costs, and in default
of payment of the said penalty and costs forthwith, the said
penalty and costs, or the costs only, may be levied by distress and
sale of the goods and chattels of the offender, and in case of
there being no distress found out of which such penalty can be
1 evi'ed , the convicting Magistrate may comrait the offender to the
common gaol of the County of Elgin, with or without hard labour,
for any period not exceeding six calendar months unless the said
penalty and costs (if any) including the cost of the said distress
and of the committal and conveyance of the offender to the said
gaol are sooner paid.
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READ a first time thO ,
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RK~D a seoond time this ¿~~3ì'1c1 d' r .n T'"
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READ a third time .
and f1nally passed this
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(Sgd.) ¡'J.~~j (Sgd. ~g
county Cle;k········ .. 'n/
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Warden .,.
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