GENERAL REFERENCES
Health and sanitation — See Ch. 9.
[Ord. No. 79-6, § 2, 7-2-1979]
The following definitions shall apply in the interpretation
and enforcement of this chapter:
Approved by the United States Department of Agriculture (USDA),
the Food and Drug Administration (FDA), the state Department of Consumer
Protection, or the local Director of Health.
Any person who prepares food or beverages in bulk at one
geographic location for service in individual portions at another
location, or which involves the preparation and service of food on
public or private premises not under the ownership or control of the
operator. Such term shall include persons who operate vending machines
which dispense food or beverages, but shall not include take-out restaurants.
Any place where food is processed, stored, prepared, or served,
with or without charge, for consumption on or off the premises, including
but not limited to restaurants, take-out restaurants, institutions,
food stores, caterers, mobile vendors, temporary food service establishments,
warehouses and food processing plants. This term does not include
a private home where food is prepared for individual family consumption,
and it does not include the location of food vending machines.
Includes, but is not limited to, grocery stores, supermarkets,
butcher shops, bakeries, greengrocers, convenience stores, drug stores,
and other establishments where raw or processed foods and beverages
are sold to a consumer for preparation or consumption elsewhere, usually
at home.
Includes, but is not limited to, nursing homes and industrial
establishments.
Any person who dispenses food or beverages from a truck,
van, bus, car, push-cart, trailer, stand or similar conveyance without
fixed location.
Includes but is not limited to, restaurants, cafes, delicatessens,
cafeterias, luncheonettes, soda fountains, grilles, taverns, pubs,
bars, and all other places dispensing food or beverages for immediate
consumption, including take-out restaurants.
Those establishments dispensing food or beverages for immediate
consumption outside or elsewhere off the premises.
Any person who dispenses food or beverages for a limited
time period in conjunction with a fair, carnival, circus, auction,
public exhibition, or similar gathering.
[Ord. No. 79-6, § 14, 7-2-1979]
(a)Â
Whenever a food service establishment is constructed or remodeled,
and whenever an existing structure is converted to use as a food service
establishment, properly prepared plans and specifications for such
construction, remodeling, or alteration shall be submitted to the
Director of Health for review and approval 30 days prior to issuing
a food service license or a building permit, and before construction,
remodeling or alteration is begun.
(b)Â
The plans and specifications shall indicate the proposed layout,
arrangement, and construction materials of work areas, and the type
and model of proposed fixed equipment and facilities.
(c)Â
The Director of Health shall approve the plans and specifications
if they meet the requirements of this chapter, the public health code
of the state, and any other applicable statutes, ordinances, rules
and regulations. No food service establishment shall be constructed,
remodeled, or altered except in accordance with plans and specifications
approved by the Director of Health.
[Ord. No. 79-6, § 3, 7-2-1979; Ord. No. 81-10, § 1, 6-15-1981]
(a)Â
It shall be unlawful for any person to operate a food service establishment,
including, but not limited to, a restaurant, take-out restaurant,
food store, catering service, institution, mobile vendor, or temporary
food service establishment, or to place mobile vending machines in
the Town, who does not possess a valid permit from the Director of
Health. Only persons who comply with the requirements of this chapter
and the public health code of the state shall be entitled to receive
or retain such a permit.
(b)Â
The permit must be conspicuously posted in an area where it may be
seen by the public.
(c)Â
Permits are not transferable.
(d)Â
Permits, other than temporary, shall be valid for a period of one
year from the date of issue. Permits for temporary food service establishments
shall be valid only for the period of the event for which they are
issued, this period not to exceed 10 days.
(e)Â
Fees shall be charged for all permits under this chapter for restaurants
with an interior seating capacity of less than 100 persons; restaurants
with an interior seating capacity of 100 persons or greater; take-out
restaurants; mobile vendors; food stores; caterers; institutions;
and temporary food service establishments at rates established by
the Town Council and published in the official price guide.
[Ord. No. 79-6, § 5, 7-2-1979]
(a)Â
Permits may be suspended if, in the opinion of the Director of Health,
conditions exist which pose an immediate and substantial danger to
the public health or safety. The Director of Health shall immediately
issue a written notice to the permit holder or operator citing the
reasons for the suspension, specifying the corrective action to be
taken, and specifying the steps to be taken in order for the permit
to be reinstated. Suspension is immediately effective upon service
of the notice. When a permit is suspended, food service operations
shall immediately cease.
(b)Â
Permits may be revoked by order of the Director of Health for serious
or repeated violations or any of the requirements of this chapter
or the public health code of the state. Prior to revocation, written
notice shall be issued to the permit holder or person in charge specifying
the violation, the corrective action to be taken, and the time period
for correction.
[Ord. No. 79-6, § 6, 7-2-1979]
Whenever an order is issued which indicates that a permit is
to be suspended or revoked, the permit holder or person in charge
may file a written appeal with the Town Manager within 48 hours of
receipt of said order. If an appeal is filed, the Town Manager shall
immediately examine into the merits of such suspension or revocation
and may vacate, modify or affirm such suspension or revocation within
10 days of receiving the appeal notice. During the process of appeal,
the permit shall remain suspended or revoked.
[Ord. No. 79-6, § 7, 7-2-1979]
(a)Â
Permits which have been suspended under Section 7-4(a) shall
be reinstated immediately after the conditions leading to the suspension
have been abated as confirmed by a reinspection. The holder of the
suspended permit must first make a written request to the Director
of Health for reinstatement of the suspended permit. Once the written
request has been received, the Director of Health shall, within 48
hours, conduct a reinspection. If the applicant is complying with
the requirements of this chapter, the public health code of the state
and any other applicable statutes, ordinances, rules, and regulations,
the permit shall be reinstated.
(b)Â
Permits which have been revoked under Section 7-4(b) shall be
reinstated after receipt of a written signed application as per Section 7-3,
payment of the annual fee, and a reinspection indicates that the establishment
is in compliance with the requirements of this chapter. The reinspection
shall be made within 10 days of receipt of the application.
[Ord. No. 79-6, § 8, 7-2-1979]
Facilities where food is stored, prepared, or served shall be
properly designed, constructed, and maintained. Floors shall be durable
and easily cleanable, and in areas where food is prepared or stored
they shall be smooth, nonabsorbent and properly drained. Walls, ceilings,
and attached equipment shall be easily cleanable and suitably protected
in areas exposed to splash or spray. Such facilities shall be adequately
lighted and ventilated, and shall be supplied with sufficient toilet
and handwashing facilities. Sewage and wastewater disposal must be
approved. Plans for facilities to be constructed or remodeled must
be approved by the Town health department prior to the start of construction
or remodeling as per Section 7-2.
[Ord. No. 79-6, § 9, 7-2-1979]
All equipment and utensils used in the storage, preparation,
service or transportation of food and drink shall be designed for
the purpose they are intended to serve, be free from fouling surfaces,
and be easily cleanable, properly constructed of durable, nontoxic
materials, and maintained in sound condition. Surfaces coming in contact
with food or drink must be cleaned and sanitized after each use. All
surfaces in areas where food is stored, prepared, or served shall
be kept in a clean, sanitary condition.
[Ord. No. 79-6, § 10, 7-2-1979]
Food and drink, including water supplies and ice, must be from
an approved source, wholesome, and not adulterated; and must be stored,
prepared, and served in such a manner as to prevent contamination
thereof and to prevent the growth of pathogenic microorganisms which
may already be present.
[Ord. No. 79-6, § 11, 7-2-1979]
Employees must exhibit a high degree of personal hygiene at
all times. Employees known or suspected of having a communicable disease
or infected cuts or sores shall be barred from those portions of the
establishment where food is stored, prepared, or served.
[Ord. No. 79-6, § 12, 7-2-1979]
Garbage, rubbish, and other wastes shall be so handled, stored,
and disposed of so as not to attract insects, rodents or other vermin
or otherwise constitute a nuisance. The premises shall be kept clear
of litter or junk at all times.
[Ord. No. 79-6, § 13, 7-2-1979]
Only those toxic items which are necessary to clean and maintain
equipment, utensils, or facilities shall be permitted. They shall
be of approved types, and stored and used in such a manner as to prevent
the contamination of any food or drink.
[Ord. No. 79-6, § 4, 7-2-1979]
(a)Â
The Director of Health is hereby authorized to enter all regulated
premises where food or drink is stored, prepared, or served to the
public for the purpose of determining compliance with this chapter.
As far as possible, inspections shall be made during regular business
hours. If access is refused, the Director of Health shall not enter
without first securing a search warrant. However, the Director of
Health may, in addition, take such action as such Director deems necessary
to protect the public health, including, but not limited to, suspension
of the permit.
(b)Â
One copy of the inspection report may be posted by the inspecting
officer upon an inside wall of the establishment, and said inspection
report shall not be defaced or removed by any person except the Director
of Health. Another copy of the inspection report shall be filed with
the records of the Director of Health.
[Ord. No. 79-6, § 16, 7-2-1979]
(a)Â
The Director of Health may take samples of food and drink for the
purpose of examination for its wholesomeness. Such samples shall be
taken as often as is necessary for the enforcement of this chapter
or the public health code of the state.
(b)Â
The Director of Health may, upon written notice to the owner or person
in charge specifying the reasons therefor, place a hold order on any
food or beverage which such Director believes is unfit for human consumption.
The Director of Health shall tag, label, or otherwise identify any
food subject to the hold order. No food subject to a hold order shall
be used, served, or moved from the establishment. The Director of
Health shall permit storage of the food under conditions specified
in the hold order, unless storage is not possible without risk to
the public health, in which case immediate destruction shall be ordered
and accomplished. The hold order shall state that a request for hearing
may be filed with the Town Manager within 48 hours, and that if no
hearing is requested, the food shall be destroyed. The Town Manager
shall hold a hearing, if so requested, and on the basis of evidence
produced at that hearing, the hold order may be vacated or the owner
or person in charge of the food may be directed, by written order,
to denature or destroy such food or to bring it into compliance with
the provisions of this chapter or the public health code of the state.
(c)Â
The Director of Health may condemn and forbid the sale of, or cause
to be removed or destroyed any food and drink which is adulterated
or unwholesome. Any destruction of food shall take place under the
supervision of the Director of Health who shall also be present during
its disposal.
[Ord. No. 79-6, § 17, 7-2-1979]
As part of the requirements of this chapter, all establishments
regulated hereunder must also comply with the applicable provisions
of the public health code of the state and other applicable state
or federal codes or regulations. In the event of a conflict between
the requirements of this chapter and any other applicable code or
regulation, that having the more stringent standards shall apply.
Noncompliance with the provisions of applicable state or federal codes
or regulations shall be deemed a violation of this chapter.
