[HISTORY: Derived from Ch. 9 of the prior
Code. Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
The State Board of Health and/or the Town Board of Health
and the authorized representatives of each.
Includes any kitchenware, tableware, glassware, cutlery,
utensils, containers, or other equipment with which food or drink
comes in contact during storage, preparation, or serving.
Any person who handles food or drink during preparation or
serving, who comes in contact with any eating or cooking utensils,
or who is employed at any time in a room or in a mobile food vehicle
where food or drink is prepared or served.
[Amended 4-3-2023 by Ord. No. 2023-003]
Any authorized representative of the Board of Health appointed
by the Town Clerk under authority of the Council, and assigned to
the Board of Health.
A restaurant operating for a temporary period in connection
with a fair, carnival, circus, public exhibition or other similar
gathering.
A food establishment that is located upon or within a vehicle,
including but not limited to trucks, passenger vehicles, or a cart
or other equipment which is pulled by a vehicle, where food or beverage,
excluding alcoholic beverages, is cooked, prepared, or served for
individual portion service. This definition includes but is not limited
to: mobile food kitchens, pushcart vendors, mobile food trucks, canteen
trucks, ice cream trucks and coffee trucks. This definition does not
apply to "meals on wheels" program vehicles or food delivery services.
[Added 4-3-2023 by Ord. No. 2023-003]
The State Board of Health inspection sheet in the absence
of any other certificate of inspection or operating approval.
Restaurant, coffee shop, cafeteria, short-order cafe, luncheonette,
tavern, soda fountain, 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.
[Amended 4-3-2023 by Ord. No. 2023-003]
[Amended 4-3-2023 by Ord. No. 2023-003]
A.
No person
shall operate a restaurant or mobile food vehicle within the Town
who does not possess a valid, unrevoked permit from the Board of Health.
B.
No person
shall operate a restaurant or mobile food vehicle within the Town
who does not possess a valid, unrevoked business license from the
Town of Milton.
C.
Mobile
food vehicle operators shall obtain an event permit to vend food and
or beverage items for each day of occupying a space either on Town
streets or private property.
A.
No permit to operate a restaurant shall be issued
until a sanitary inspection by a representative of the Board of Health
shows that the restaurant complied with the rules and regulations
of this chapter.
B.
Application for such inspection shall be made, in
writing, by the person submitting the application.
[Amended 4-3-2023 by Ord. No. 2023-003]
All permits shall be posted in a conspicuous
place in the restaurant or mobile food vehicle.
The Board of Health shall issue approved restaurant
or approved soda fountain signs at those places which shall receive
a sanitary rating of at least 80%. Such signs 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%.
A.
Violations of any of the rules and regulations of
this chapter, or failure to receive a sanitary rating of at least
80% on the score card, which shall form a part of these regulations,
shall be sufficient cause for revoking the permit.
B.
No permit to operate shall be issued or reissued until
the restaurant has been inspected or reinspected, and approved by
a representative of the Board of Health.
C.
In the case of restaurants that are closed, or have
a rating of less than 80%, 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.
Samples of food and drink may be taken and examined
by the Board of Health as often as it deems necessary for the detection
of unwholesomeness or adulteration. The Board of Health may condemn
and forbid the sale of, or cause to be removed or destroyed, any food
or drink which it deems unwholesome or adulterated.
No person shall sell or distribute for human
consumption, or have in possession for sale or distribution for human
consumption, any raw or unpasteurized milk whatsoever.
A.
Any person who shall violate the provisions of this
chapter shall be fined not less than $20 nor more than $200.
B.
For the purpose of this chapter, each day that a violation
continues shall be deemed to be a separate offense.
C.
The application of any penalty set forth herein shall
not be held to prevent the enforced removal of any prohibited condition.
The granting of permits or of approved signs
shall be based upon compliance with the standards of construction
and operation set forth in this chapter
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.
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.
When flies and/or other flying insects 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 such flies and insects.
All rooms in which food is stored, prepared,
or served and in which utensils are washed shall be well lighted.
All rooms in which food is stored, prepared,
or served and in which utensils are washed shall be well ventilated.
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
Board of Health. In restaurants hereafter constructed, toilet rooms
shall not open directly into any kitchen, 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 toilet
facilities must be connected with the sanitary sewage system of the
Town. The doors of all toilet rooms shall be self-closing. Toilet
rooms and fixtures shall be kept in a clean condition, in good repair,
the rooms well lighted and ventilated. Hand-washing signs shall be
posted in each toilet room used by employees.
No person shall operate or maintain in the Town
any establishment for the dispensing of food or drink to the general
public unless such establishment shall have an adequate supply of
sanitary water approved by the Board of Health. Municipal water shall
be used in all cases where available. No water shall be obtained from
any other than the municipal source except upon written permission
by the Board of Health of the Town.
Facilities for the dispensing of drinking water
shall be of a design approved by the Board of Health. If water-cooling
equipment is installed, it shall be of a type in which ice does not
come in contact with water. Common dippers or common drinking glasses
or cups shall not be used.
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.
Adequate and convenient hand-washing 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/her hands.
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.
Cupboards and other storage spaces shall be
kept clean, and free from offensive or musty odors. The contents shall
be neatly arranged.
A.
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
materials. All clothes used by waiters, chefs, and other employees
shall be clean. Single-service containers shall be used only once.
B.
All dishes, knives, forks, spoons, drinking glasses,
cups, and other eating and drinking utensils shall be thoroughly washed
and subjected to an approved antibactericidal process after each usage.
All multiuse utensils, such as mixing bowls, cream pumps, stock posts,
and other utensils used in the preparation, cooking, or serving of
food and drink, shall be thoroughly cleaned and subjected to an approved
bactericidal process immediately after the day's operation. Drying
clothes, if used, shall be kept clean and shall be used for no other
purpose.
C.
The means of dish washing shall consist of approved
dish-washing 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 Board of Health.
All new construction or reconstruction shall provide a three-compartment
vat sink in lieu of the double vat mentioned above. An approved means
of heating an ample supply of running water shall be installed, and
connections shall be made so that each vat may receive hot and cold
water under pressure. Where single-service utensils are used exclusively,
a one-compartment sink may be accepted.
After antibactericidal treatment, no utensils
shall be stored except in a clean, dry place protected from flies,
dust or other contamination. No utensils shall be handled except in
such manner as to prevent contamination, as far as practicable. Single-service
utensils shall be purchased only in sanitary container, and shall
be stored therein in a clean, dry place until used.
All waste 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.
All readily perishable food or drink shall be
kept at or below 50° F., except when being prepared or served.
Wastewater from refrigeration equipment shall discharge into an open
sink or drain, properly trapped and sewer or into watertight drip
pans.
Milk must be sold in the original containers
from a dairy, milk plant, or pasteurizing plant duly licensed. 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.
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.
Any restaurant serving oysters, clams, or crab
meat shall secure such shellfish from establishments approved by the
State Board of Health or the United States Public Health Service.
Portions of food once served to customers shall
not be served again.
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 fowl shall
be kept or allowed in any room in which food is prepared, stored,
or served. All means necessary for the elimination of flies, rats,
and roaches shall be used.
A.
Notices shall be sent to the Board of Health immediately
by the restaurant owner, manager and employee concerned if he or she
or any employee contracts any infectious, contagious, or communicable
disease, or has a fever, a skin eruption, a cough lasting more than
three days, or any other suspicious symptom. It shall be the duty
of such employee to notify the restaurant manager immediately when
any such conditions exists, and if neither the owner, manager nor
the employee concerned notified the Board of Health immediately, they
shall be held jointly and severally to have violated this section.
A sign containing this section shall be posted in all toilet rooms.
B.
All prospective employees of restaurants shall, before
being employed, submit to a blood test and to an X-ray of the chest.
The X-ray and the blood test shall have been conducted two weeks prior
to hiring the employee. The X-ray cards of all employees shall be
available at all times for inspection by the Board of Health, Town
Clerk and/or the authorized inspector.
When suspicion arises as to the possibility
of transmission of infection from any restaurant employee, the Board
of Health is authorized to require any or all the following measures:
All employees shall wear clean outer garments,
and shall keep their hands clean at all times while handling food,
drink, utensils or equipment.
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 harborage, hog pens,
or undrained areas on the premises. The surroundings of all restaurants
shall be maintained in a neat, orderly and sanitary condition.
None of the activities connected with the operation
of 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 substance containing
any cyanide preparation or other poisonous material shall be used
for the cleaning or polishing of eating or cooking utensils.
