REGULATIONS GOVERNING SODA FOUNTAINS.
Madison General Ordinances § 7.085
in effect7.085 - REGULATIONS GOVERNING SODA FOUNTAINS.
(1) Definitions. The following definitions shall apply in the interpretations and the enforcement of this ordinance:
(a) Soda Fountain. The term "soda fountain" shall mean a place of business, or a designated area within another place of business, where any one or combination of ice cream, ice milk, sherbets, syrup flavors, fruit and soft drinks are served in individual portions to the public. The term soda fountain shall not refer to places of business where soft drinks are served only in the original container or to locations where only individually pre-wrapped or packaged-at-the-factory portions of ice cream, ice milk or other frozen mixtures of milk and flavors are sold.
(b) Employee. The term "employee" shall mean any person who is engaged in the preparation or serving of food or drink, or who comes in contact with any eating or drinking utensils and who is employed in a room in which food or drink is prepared or served.
(c) Utensils. "Utensils" shall mean any kitchenware, tableware, glassware, cutlery, containers, or other equipment with which food or drink comes in contact with during storage, preparation, or serving.
(d) Director of Public Health Madison and Dane County. The term "Director of Public Health Madison and Dane County" shall mean the Director of Public Health Madison and Dane County or their authorized representative. (Am. by ORD-08-00120, 10-24-08; ORD-15-00009, 1-28-15)
(e) Approved. Wherever the word "approved" appears in this regulation, it shall mean approved by Public Health Madison and Dane County unless otherwise specified. (Am. by Ord. 7899, 12-29-82 ORD-15-00009, 1-28-15)
(2) Permits. It shall be unlawful for any person to operate a soda fountain in the City of Madison who does not possess a food and drink permit. (Am. by Ord. 8189, 12-28-83)
(3) Reserved For Future Use. (R. by Ord. 8189, 12-28-83)
(4) Examination and Condemnation of Unwholesome or Adulterated Food and Drink. Samples of food, drink, and other substances may be taken and examined by the Director of Public Health Madison and Dane County as may be necessary for the detection of unwholesomeness or adulteration. The Director of Public Health Madison and Dane County may condemn and forbid the sale of or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated.
(5) Inspection of Soda Fountains. At least once every six (6) months the Director of Public Health Madison and Dane County shall inspect every soda fountain located within the City of Madison. In case the Director of Public Health Madison and Dane County discovers the violation of any item of sanitation, they shall make a second inspection after the lapse of such time as is reasonably necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirement of this ordinance. Any violation of the same item of this ordinance on the third consecutive inspection shall call for immediate suspension of permit.
One copy of the inspection report shall be posted by the Director of Public Health Madison and Dane County upon an inside wall of the soda fountain, and said inspection report shall not be defaced or removed by any person except the Director of Public Health Madison and Dane County. Another copy of the inspection report shall be filed with the records of Public Health Madison and Dane County.
The person operating the soda fountain shall upon request of the Director of Public Health Madison and Dane County permit access to all parts of the establishment relevant to the soda fountain operation.
(6) Sanitation Requirements for Soda Fountains. All soda fountains shall comply with the following sanitation requirements:
(a) Floors. The floors of all rooms in which food or drink is stored, prepared or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.
(b) Walls and Ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is prepared shall be finished in light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface.
(c) 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.
(d) Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted.
(e) Ventilation. All rooms in which food or drink is stored, prepared, or served, or in which utensils are washed shall be well ventilated.
(f) Toilet Facilities. Every soda fountain shall be provided with adequate and conveniently located toilet facilities for its employees and conforming with the General Ordinances of the City of Madison except that:
1. Employees' toilets opening directly into a food storage or preparation area shall have self-closing doors.
2. Handwashing signs shall be kept posted in toilet rooms used by employees.
(g) Water Supply. Adequate safe water under pressure shall be convenient in any room where food is prepared or utensils are washed. Private water supply installation shall be in conformance with the Wisconsin Well Construction and Pump Installation Code. Private water supplies shall be sampled at least once every six (6) months and shall conform to the standards of the Public Health Madison and Dane County. (Am. by Ord. 7899, 12-29-82)
(h) Lavatory Facilities. Adequate handwashing facilities convenient to the food preparation area shall be provided. Hot and cold running water, soap and approved hand drying facilities shall be available.
(i) Construction of Utensils and Equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks, and other soda fountain equipment or utensils used in connection with the operation of a soda fountain shall be so constructed as to be easily cleaned and shall be kept in good repair. Work surfaces shall be constructed of corrosive resistant material.
(j) Cleaning and Bactericidal Treatment of Utensils and Equipment.
1. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating material. All cloths used by waiters and other employees shall be clean. Single-service containers shall be used only once.
2. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively sanitized after each use.
3. Manual Cleansing. The following procedures and equipment shall be acceptable where manual dishwashing is practiced.
a. Dish Tables. Adequate area shall be provided on either end of sinks for storage and drainage of eating and drinking utensils.
b. Scraping. When practical, washing shall be preceded by manual or water scraping or preflushing.
c. Washing. Multi-use utensils shall be thoroughly washed in warm water and soap or detergent. Wash water shall be kept clean by frequent changing.
d. Sanitizing. Utensils shall be sanitized by one of the following methods: Submerging in water maintained at one hundred eighty (180) degrees Fahrenheit for thirty (30) seconds; or submerging for two (2) minutes in a solution containing two hundred (200) parts per million available chlorine or other equivalent solution approved by the Director of Public Health Madison and Dane County. Where chemicals (chlorine or other) are used as sanitizing agents, a clear water rinse shall be provided between the wash and sanitizing tanks.
4. Mechanical Cleaning. The following procedures and equipment shall be acceptable where mechanical dishwashing is employed.
a. Dish Tables. Adequate area shall be provided for storing, scraping, racking and drying of utensils. In all new or remodeled installations drying area shall be adequate to provide a forty-five (45) second drying period after utensils leave dish machine.
b. Scraping. (Water scraping; preflushing; prerinsing) Gross soil on utensils shall be removed by scraping before utensils enter dish machine.
c. Racking. Utensils shall be placed in racks in a manner so that each utensil will be fully exposed to unrestricted preflushing, washing and rinsing.
d. Washing. Utensils shall be subjected to wash water temperature between one hundred forty (140) degrees - one hundred sixty (160) degrees Fahrenheit and adequate detergent for at least twenty (20) seconds.
e. Sanitizing. Utensils shall be subjected to a sanitizing rinse of at least one hundred eighty (180) degrees Fahrenheit for at least ten (10) seconds in spray type machines and thirty (30) seconds or more in immersion type machines.
f. Water Pressure. In spray type machines wash and rinse waters shall have fifteen (15) to twenty-five (25) pounds per square inch flow pressure.
g. Thermometers. Easily readable thermometers shall be provided to show the temperature of the wash water and of the rinse water entering the rinse spray arms of spray type machines or in the rinse tank of immersion type machines.
h. Maintenance. All dishwashing equipment shall be maintained in the proper state of repair so as to provide clean and sanitary utensils.
i. Operation. Dishwashing operations shall be such as to insure proper operation of dish machine equipment and comply with this ordinance. Clear and explicit instructions on the dishwashing operation shall be kept posted where readily visible to the dish machine operator.
5. Drying Cloths. Where used, an adequate supply of clean drying cloths must be readily available to the dishwashing area. Soiled cloths shall be kept in an area or container not readily accessible to the dishwashing area.
(k) Storage and Handling of Utensils and Equipment. After bactericidal treatment utensils shall be stored in a clean, dry place protected from flies, dust and other contamination, and 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, shall be stored therein in a clean, dry place until used, and shall be either wrapped or kept in sanitary dispensers, protected from handling during filling, storage and dispensing and from other sources of contamination.
Where ice cream and frozen desserts are dipped or ladled, running water dipper wells shall be provided.
(l) Plumbing and Disposal of Wastes. All wastes shall be properly disposed of, and all garbage and rubbish shall be kept in suitable receptacles in such manner as not be become a nuisance. All plumbing shall be so designed, installed and maintained as to prevent contamination of the water supply, food, drink, or equipment.
(m) Refrigeration. All readily perishable food and drink shall be kept at or below forty (40) degrees Fahrenheit except when being prepared or served. Waste water from refrigeration equipment shall be properly disposed of. Dry refrigeration shall be used in all permanent installations.
(n) Wholesomeness of Food and Drink. All food and drink shall be clean, wholesome, free from spoilage, and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in the individual, original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided, that this requirement shall not apply to cream, which may be served from a dispenser approved for such service. The dipping of milk for milk drinks is prohibited.
(o) Storage, Display and Serving of Food and Drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage, and other contamination. No animals or fowl shall be kept or allowed in the area in which food or drink is prepared or stored. Necessary measures in compliance with current practices approved by the Director of Public Health Madison and Dane County for the elimination of insects and rodents shall be taken.
(p) Cleanliness of Employees. All employees who work in the soda fountain area only shall wear clean aprons or other suitable covering over street clothes. They shall wear hairnets or caps, and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in any area in which food is prepared.
(q) Miscellaneous. The premises of all soda fountains shall be kept clean and free of litter or rubbish. None of the operations connected with a soda fountain shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats, and aprons shall be kept in containers for this purpose.
(7) Reinstatement of Permit. Any soda fountain the permit of which has been suspended may at any time make application for the reinstatement of the permit. Within three (3) days after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provisions of this ordinance have been conformed with, the Director of Public Health Madison and Dane County shall make reinspection, and thereafter as many additional reinspections as they may deem necessary to assure himself that the applicant is again complying with the requirements, and in case the findings indicate compliance, shall reinstate the permit. (Am. by ORD-14-00012, 1-14-14)
(8) Disease Control. No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any soda fountain and no soda fountain shall employ any such person. All medically suspected cases of communicable disease shall be studied by Public Health Madison and Dane County to determine presence or absence of communicable disease. Until it can be determined by examination and/or tests that communicable disease is not present, the employee shall not work in a soda fountain.
A tuberculin skin test, or miniature chest x-ray (70mm or better) is required annually. A fourteen inch by seventeen inch (14" x 17") chest x-ray shall be required of any personnel having a positive skin test or questionable miniature x-ray.
A report of the required annual tuberculin test or x-ray shall be kept on file by the Director of Public Health Madison and Dane County. A report stating compliance shall be furnished foodhandler and operator by Public Health Madison and Dane County.
No person shall prepare or serve food or handle soda fountain utensils with any open lesion which may subject any food or utensil to contamination therefrom.
(9) Penalties. Any person who violates any provision of this ordinance shall be fined not less than twenty dollars ($20) nor more than two hundred dollars ($200). Each and every violation of the provisions of this ordinance shall constitute a separate offense. (Am. by Ord. 8309, 4-16-84)
(10) Unconstitutionality Clause. Should any section, subsection, sentence, paragraph, clause or phrase of this ordinance be declared unconstitutional or invalid for any reason, the remainder of said ordinance shall not be affected thereby.
(11) Appeal. Anyone in interest being dissatisfied with an order of the Director of Public Health Madison and Dane County may appeal to the Director of Public Health Madison and Dane County and may commence an action in the Circuit Court for Dane County against the Director of Public Health Madison and Dane County as defendant to vacate or modify the order on the ground that it is unlawful or unreasonable.
(Am. by Ord. 7899, 12-29-82; ORD-15-00009, 1-28-15) (Am. by Ord. 7899, 12-29-82) (Am. by ORD-15-00009, 1-28-15)
Source: City of Madison, Wisconsin, Madison General Ordinances (Municode Library, library.municode.com)URL: https://library.municode.com/wi/madison/codes/code_of_ordinances?nodeId=COORMAWIVOICH1--10_CH7PUHE_7.085REGOSOFOFetched: 11/1/2026