REGULAR MEETING
October 10, 1949
The regular meeting of City Council was held on Monday, October 10, 1949 at 7:30 P.M. with Mayor Storey presiding. Members present were Messrs. Carroll, Culver, Lofland, Petty, Smith and Wilson.
MINUTES
Minutes of the last regular meeting were accepted as read.
KING STREET - ONE WAY
Mr. Hayes Wilson Sr., Mr. Hayes Wilson Jr. and Mrs. George H. Thomas appeared before Council to oppose and proposed ordinance limiting King Street to one way traffic between Loockerman Street and Division Street. Council tabled the ordinance for further consideration.
FAIRVIEW AVENUE
Senator James H. Hughes requested Council to change the name of N. Queen Street between William Street and Walker Road to Fairview Avenue. Council approved changing the name of N. Queen Street to Fairview Avenue.
RAILROAD CROSSING GATES
Action on removal of railroad gates at Forest and Division Street crossings was postponed until the next regular meeting of City Council.
REQUESTS FROM CHAMBER OF COMMERCE
A request from the Chamber of Commerce to improve parking facilities on the lot east of City Hall was denied because an option had been granted on the site for a proposed bus center.
A request from the Chamber of Commerce to control and restrict vendors of chances or donation within the City of Dover was tabled.
LOADING AND UNLOADING TRUCKS ON LOOCKERMAN STREET
Council directed the City Solicitor to prepare an ordinance for its consideration prohibiting loading and unloading of vehicles on Loockerman Street between 11:30 A.M. and 1:00 P.M. and between 4:30 and 6:00 P.M.
CITY MANAGER’S REPORT
Report of the City Manager was accepted as read.
CHIEF OF POLICE’ REPORT
Report of the Chief of Police for September 1949 was accepted as read.
REPORTS OF ALDERMAN AND DEPUTY ALDERMAN
Reports of the Alderman and Deputy Alderman for the month of September, 1949 were accepted as read. A check from the Alderman in the amount of $449.85 and from the Deputy Alderman in the amount of $36.70, were remitted to the City.
SALE OF MILL PROPERTY
High bidder in the public auction of the house and lot comprising the old Mill property on King Street was Robert L. Lewis. Council rejected his bid of $4625.00 and ordered his deposit of $925.00 returned. Council directed that the property be sold for the first bona fide bid of $5,000.00 received.
PUBLIC HOUSING
The City Solicitor reported progress in his investigation of the Public Housing Administration’s offer of 20 Veterans Housing Units to the City of Dover.
AN ORDINANCE REGULATING AND DEFINING RESTAURANT, ITINERANT RESTAURANT, EMPLOYEE, HEALTH OFFICE, ETC., REQUIRING PERMITS FOR THE OPERATING OF SUCH ESTABLISHMENTS, REGULATING THE INSPECTION, AND PLACARDING OF SUCH ESTABLISHMENTS, AND THE ENFORCEMENT OF SUCH REGULATIONS.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 1. PERMITS. No person shall operate a restaurant within the City of Dover who does not possess an unrevoked permit from the City of Dover. No permits to operate shall be issued until a sanitary inspection by a representative of the City of Dover shows that the restaurant complies with these rules and regulations. Application for such inspections shall be made to the City Manager, in writing, by the person submitting the application. All permits shall be posted in a conspicuous place in the restaurant.
Violations of any of these rules and regulations, or failure to receive a sanitary rating of at least 70%, on the score card, which shall form a part of these regulations, shall be sufficient cause for revoking the permit. No permit to operate shall be issued or reissued until the restaurant has been inspected or reinspected, and approved by a representative of the City of Dover.
Section 2. DISPLAY OF APPROVED RESTAURANT SIGNS. The City of Dover may issue “Approved Restaurant” or “Approved Soda Fountain” placards at those places which shall receive a sanitary rating of at least 80%. Such placards shall be displayed at all times in a conspicuous place approved by the inspector and may be removed at any time when the sanitary rating falls below 80%.
Section 3. RE-INSPECTIONS. In the case of restaurants that are closed, or have a rating of less than 70%, an examination or survey shall be made upon a written request of the proprietor or manager of the restaurant at the earliest convenience of the inspector to consider the issuance or reissuance of a permit.
Section 4. EXAMINATION AND CONDEMNATION OF UNWHOLESOME OR ADULTERATED FOOD OR DRINK. Samples of food and drink may be taken and examined by the health officer as often as he deems necessary for the detection of unwholesomeness or adulteration. The health officer may condemn and forbid the sale of, or cause to be removed or destroyed, and food or drink which he deems unwholesome or adulterated.
Section 5. ISSUANCE OF PERMITS AND THE GRADING OF “APPROVED” RESTAURANT PLACARDS. The granting of permits or of approved placards shall be based upon compliance with the following standards of construction and operation.
Item 1. FLOORS. The floors of all rooms in which food 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. WALLS AND CEILINGS. Walls and ceilings of all rooms in which food is stored, prepared, or served shall be kept clean and in good repair. All walls and ceilings of rooms in which food is stored or prepared shall be finished in light color. The walls of all rooms in which food is prepared or utensils are washed shall have a smooth, washable surface.
Item 3. DOORS AND WINDOWS. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
Item 4. LIGHTING. All rooms in which food is stored, prepared, or served, and in which utensils are washed, shall be well lighted.
Item 5. VENTILATION. All rooms in which food is stored, prepared, or served, and in which utensils are washed, shall be well ventilated.
Item 6. TOILET FACILITIES. Every restaurant shall be provided with adequate toilet facilities conveniently located, readily accessible at all business hours, and conforming with the rules and regulations of the City of Dover. In restaurants hereafter constructed, toilet rooms shall not open directly into any kitchen, or pantry, or into any room in which utensils are washed or stored. The area of intervening rooms shall be not less than 18 square feet, and those rooms shall be constructed and maintained in a manner comparable to the toilet rooms. The doors of all toilet rooms shall be self-closing. Toilet rooms and fixtures shall be kept in a clean condition, in good repair, and the rooms well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees. Where a water-carried sewerage system is not available, sanitary privies constructed and maintained in accordance with the requirements of the City of Dover will be acceptable.
Item 7. WATER SUPPLY. The water supply shall be easily accessible to all rooms in which food is prepared or utensils are washed, and shall be adequate, and of a safe, sanitary quality. Hot and cold water under pressure shall be provided for the washing of utensils.
Item 8. DRINKING WATER FACILITIES. Facilities for the dispensing of drinking water shall be of a design approved by the City of Dover. If water-cooling equipment is installed, it shall be of a type in which ice does not come in contact with the water. Common dippers or common drinking glasses or cups shall not be used.
Item 9. STORAGE, HANDLING, AND USE OF ICE. Ice which is to be used in fountain drinks, iced water, tea, and coffee, or in connection with the chilling or serving of salads, vegetables, or cocktails, shall be stored and handled in a sanitary manner.
Item 10. LAVATORY FACILITIES. Adequate and convenient handwashing facilities, including warm water, soap and approved sanitary towels shall be provided. No employee shall resume work after using the toilet room without first washing his hands.
Item 11. CONSTRUCTION OF UTENSILS AND EQUIPMENT. 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 shall be so constructed as to be easily cleaned, and shall be kept in good repair.
Item 12. CUPBOARDS AND OTHER STORAGE SPACES. Cupboards and other storage spaces shall be kept clean, and free from offensive or musty odors. The contents shall be neatly arranged.
Item 13. CLEANING AND BACTERIAL TREATMENT OF EQUIPMENT AND UTENSILS. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters, chefs, and other employees shall be clean. Single service containers shall be used only once.
All dishes, knives, forks, spoons, drinking glasses, cups, and other eating and drinking utensils shall be thoroughly washed and subjected to an approved bacterial process after each usage. All multi-use utensils, such as mixing bowls, cream pumps, stock pots, and other utensils used in the preparation, cooking, or serving of food or drink shall be thoroughly cleaned and subjected to an approved bacterial process immediately after the day’s operations. Drying cloths, if used, shall be kept clean, and shall be used for no other purpose.
The means of dishwashing shall consist of approved dishwashing machines, or a double vat sink of impervious material connected directly to a sewer, or other approved sewage disposal system, in accordance with the rules and regulations of the City of Dover. Impervious drain boards of sufficient size adequate to accommodate the dishes, shall be provided at each end of the sink, or dishwashing machine. An approved means of at each end of the sink, or dishwashing machine. An approved means of heating an ample supply of water under pressure shall be installed, and connections shall be made so that each vat may receive hot and cold water service. Where single service utensils are used exclusively, a one-compartment sink may be accepted.
Where chlorine treatment is used a three-compartment vat shall be required, the first compartment to be used for washing, the second for plain rinsing, and the third for chlorine immersion; provided that for existing installations the second or rinsing compartment may be omitted if a satisfactory rinsing or spraying device is substituted. This will prevent the excessive consumption of chlorine by organic matter and washing compound carried over from the washing compartment. The first basket of utensils will remain in the chlorine bath for at least two minutes while the second basket is in the plain rinse and the third basket is being washed. Upon removal from the chlorine bath the utensils may be rinsed in clean running water, if desired, and allowed to dry either in the basket or inverted on a drain shelf or tray.
Item 14. STORAGE AND HANDLING OF UTENSILS AND EQUIPMENT. After bactericidal treatment, no utensils shall be stored except in a clean, dry place protected from flies, dust, or other contamination, and no utensil shall be handled except 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.
Item 15. 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.
Item 16. REFRIGERATION. All readily perishable food or drink shall be kept at or below 50°F., except when being prepared or served. Waste water from refrigeration equipment shall discharge into an open sink or drain, properly trapped and sewer connected, provided that where sewer connections are not available, clean, adequate, water-tight drip cans may be used.
Item 17. MILK AND MILK PRODUCTS. Milk must be sold in the original containers, must come from a dairy, milk plant or pasteurizing plant licensed by the State Board of Health. Milk or milk products shall be stored in a sanitary manner and shall be kept in a refrigerator, except when being served. Bottles shall not be completely submerged in water.
Item 18. WHOLESOMENESS OF FOOD. All food shall be wholesome and free from spoilage. Food that is spoiled, or unfit for human consumption, shall not be kept on the premises.
Item 19. SOURCES OF SHELLFISH. Any restaurant serving oysters, clams, or crabmeat shall secure the same from establishments approved by the City of Dover, or the United States Public Health Service.
Item 20. RE-SERVING OF FOOD. Portions of food once served to customers shall not be served again.
Item 2. STORAGE, HANDLING, AND DISPLAY OF FOOD. All food shall be so stored, handled, and displayed as to be protected from dust, flies, vermin, handling, droplet infection, overhead leakage, and other contamination. No animals or fowls shall be kept or allowed in any room in which food is prepared or stored. All means necessary for the elimination of flies, rats, and roaches shall be used.
Item 22. NOTIFICATION OF DISEASE. Notice shall be sent to the health officer immediately by the restaurant manager or by the employee concerned f he or any employee contracts any infectious disease, contagious, or communicable disease, or has a fever, a skin eruption, a cough lasting more than three weeks, or any other suspicious symptom. It shall be the duty of any such employee to notify the restaurant manager immediately when any of said conditions obtain, and if neither the manager nor the employee concerned notifies the health officer immediately when any of said conditions obtain, they shall be held jointly and severally to have violated this section. A placard containing this section shall be posted in all toilet rooms.
When suspicion arises as to the possibility of transmission of infection from any restaurant employee the health officer is authorized to require any or all the following measures: (1) the immediate exclusion of the employee from al 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 his associates, with such laboratory examinations as may by indicated.
Item 23. CLEANLINESS OF EMPLOYEES. All employees shall wear clean outer garments, and shall keep their hands clean at all times while handing food, drink, utensils, or equipment.
Item 24. MISCELLANEOUS. Waste material, obsolete and unnecessary articles, tin cans, rubbish, and other litter shall not be permitted to accumulate on the premises of the restaurant. Cisterns or other receptacles containing standing water shall be kept tightly covered or screened. There shall be no fly and mosquito breeding places, nor rat harborages, hog pens, or undrained areas on the premises. The surrounding of all restaurants shall be maintained in a neat, orderly, and sanitary condition.
None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
No article, polish, or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of eating or cooking utensils.
Item 25. All restaurants and/or itinerant restaurants operating and doing business prior to the adoption of this Ordinance shall apply for a permit on or before the first day of November, A.D. 1949.
Section 6. DEFINITIONS. The following definitions shall apply in the interpretation and enforcement of these rules and regulations:
A. RESTAURANT. The term “restaurant” shall mean restaurant, coffee shop, cafeteria, short order café, luncheonette, tavern, sandwich stand, soda fountain, drink stand, and all other public eating establishments where food is prepared, handled, and served to the public at wholesale or retail for pay, as well as kitchens and other places in which food is handled or prepared for sale elsewhere to the public.
B. ITINERANT RESTAURANT. The term “itinerant restaurant” shall mean one operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.
C. EMPLOYEE. The term “employee” shall mean 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 at any time in a room in which food or drink is prepared or served.
D. EATING AND COOKING UTENSILS. “Eating and cooking utensils” shall include any kitchenware, table ware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving.
E. INSPECTOR. The term “inspector” shall mean any authorized representative of the City of Dover.
G. PERSON. The word “person” shall mean person, firm, corporation, or association.
Section 7. Any person, firm or corporation who shall violate any of the provisions of this Ordinance or who does not possess a permit to operate a restaurant as outlined in these regulations, shall, upon conviction, forfeit and pay a fine of not less than Twenty-five Dollars ($25.00) per day for each successive daily violation of this Ordinance, together with the cost of prosecution, or may be imprisoned for not more than thirty (30) days for failure to pay such fine and costs.
Passed October 10, 1949.
Clerk
Approved:
Mayor
ORDINANCE
By unanimous vote, Council approved the following ordinance:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
Section 7, Chapter 9 of the Ordinances of The City of Dover is amended by adding thereto:
It shall be unlawful to park any motor vehicle on the East side of New Street between North Street and Bank Lane, this area being limited to the parking and hitching of horsedrawn vehicles. The penalty for the violation of this Ordinance shall be as prescribed for other violations of this Section.
Passed October 10, 1949.
Clerk
Approved:
Mayor
ORDINANCE
By unanimous vote, Council approved the following ordinance:
AN ORDINANCE TO AMEND AN ORDINANCE TO REGULAR THE USE OF TAXICABS AND OTHER PASSENGER MOTOR VEHICLES USED FOR HIRE OVER, UPON AND ACROSS THE STREETS, LANES AND ALLEYS OF THE CITY OF DOVER.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DOVER IN COUNCIL MET:
That Section 2 of an Ordinance to regulate the use of taxicabs and other passenger motor vehicles used for hire over, upon and across the streets, lanes and alleys of the City of Dover be amended by adding thereto a new Paragraph to be known as Paragraph 2 of Section 2 of said Ordinance.
Paragraph 2, Section 2. The City Manager shall assign a number to each vehicle used to carry passengers for hire over, upon and across the streets, lanes and alleys of The City of Dover, and said number shall be painted on said vehicle on each side of said vehicle and on the rear of each vehicle in numerals at least 8 inches in height.
Passed October 10, 1949.
Clerk
Approved:
Mayor
TRAFFIC AT GOVERNORS AVENUE AND LOOCKERMAN STREET
Council directed the City Solicitor to prepare an ordinance to permit four lane traffic on Governors Avenue for a distance of approximately 80 feet north and south of its intersection with Loockerman Street.
PARKING SPACE - DELAWARE NEWS AGENCY
Council denied the petition of the Delaware News Agency for a reserved parking space on South New Street.
ELECTRIC BILLING - AMERICAN LEGION BUILDING
Council directed that the American Legion be billed at the regular rate for electric current consumed in its building.
WAR MEMORIAL - BILL FOR LABOR
Council authorized payment to the Delaware Veterans of World War II of one-half the cost, or approximately $69.00, of labor of cement finishers on the War Memorial dedicated September 25, 1949.
BILLING MACHINE
Council considered the purchase of a billing machine for use in the City Office. The following committee was appointed to witness a demonstration and to authorize purchase if favorable to the acquisition: City Manager Brown, City Clerk Neylan, Councilmen Carroll, Smith and Wilson.
FINANCIAL REPORT
The financial report of City Manager Brown for the fiscal year ending June 30, 1949 was accepted by Council. Council authorized printing and publishing of the report.
STOP SIGN - FOREST AND LOOCKERMAN STREETS
Council directed the City Solicitor to prepare an ordinance requiring traffic to stop on Forest Street before entering Loockerman Street.
PENNSYLVANIA RAILROAD EASEMENT
Council approved completion of the Grant of Easement from the Delaware Railroad Company (PRR) over a strip of land west of the railroad and south of Forest Street for highway purposes. Council directed the City Solicitor to file the original of the Grant for record.
REPAIR OF SIDEWALK
Council directed that Mr. Faulkner be notified to repair his sidewalk on Fulton Street.
Council adjourned at 10:45 P.M.
City Clerk