As used in this article, the following terms
shall have the meanings indicated:
Any raw, cooked or processed edible substance, beverage or
ingredient used or intended for use in whole or in part for human
consumption.
Any person who transports, distributes or sells to the public
foods, prepared foods or readily perishable food of a kind deemed
by the Board to be capable of causing human food-borne illness from
any truck, trailer, cart, bicycle or other vehicle or from any vending
machine, container or other type of equipment.
Any food or beverage or ingredients consisting in whole or
in part of milk, milk products, eggs, meat, fish, poultry or other
food capable of supporting rapid and progressive growth of microorganisms
which can cause food infections or food intoxication. Products in
hermetically sealed containers processed by heat to prevent spoilage
and dehydrated, dry or powdered products so low in moisture content
as to preclude development of microorganisms are excluded from the
terms of this definition.
Any self-service device offered for public use which, upon
insertion of a coin, coins or token or by other means, dispenses unit
servings of food or beverage, either in bulk or in package, without
the necessity of replenishing the device between each vending operation.
A.
Applications for licenses shall be on forms provided
by this Board, which shall set forth the name, residence and business
address of the applicant and the names of the persons operating the
establishment or establishments from which the prepared or perishable
food will be obtained.
B.
Every food vendor shall, upon demand, furnish to the
Board such additional information as this Board may require to enable
it to determine whether the provisions of this chapter are being complied
with. Failure to furnish such information promptly or failure to secure
written permission to inspect or reinspect sources of food supplies
shall result in the refusal to issue or the revocation of the food
vendor's license.
A.
No person shall sell or distribute to the public prepared or perishable food from any food vending vehicle or from any other type of vending equipment without obtaining a license from this Board. A license will not be issued to any person until the Health Officer has inspected and approved the establishment from which food is to be obtained. Written permission for the Board to inspect or reinspect such establishment shall be secured by the applicant. Any such establishment shall be equipped and operated in compliance with the provisions of Article V of this chapter and any rules, regulations or requirements of the Board now in effect or hereafter adopted. The license shall at all times be kept posted prominently in the food-vending vehicle or on the equipment. Unless previously revoked or suspended, all licenses shall expire on December 31 following their issuance. Applications for renewal of licenses shall be made prior to January 1 of each year for a further period of 12 months.
B.
The annual fee for such a license shall be as determined
by Borough Council by resolution.[1]
[Added 9-10-1974 by Ord. No. 404, approved 9-10-1974; amended 5-12-1998 by Ord. No.
98-558, approved 5-12-1998]
[1]
Editor's Note: The current fees resolution
of the Borough is on file in the office of the Borough Secretary.
Article VII of this chapter shall not apply to:
A.
The transportation and wholesale delivery of food
or produce to retail food stores for the purpose of resale.
B.
The transportation and delivery of food to public eating and drinking places duly licensed under Article V of this chapter.
C.
Any manufacturer or producer in the sale of bread
and bakery products, meat and meat products and milk and milk products.
The Health Officer shall be permitted at any
time to enter upon any private or public property in this Borough
where vending equipment is operated to inspect the servicing, maintenance
and operation of such equipment, for the purpose of determining compliance
with the provisions of this chapter. The operators of vending machines
shall make provisions for the Health Officer to have access to the
interior of all vending machines operated by them.
[Amended 5-12-1998 by Ord. No. 98-558,
approved 5-12-1998]
Each applicant at the time of his initial application
for a license shall pay a fee in an amount to be determined by Borough
Council by resolution for inspection services. An applicant operating
more than one food vending vehicle or other type of equipment in the
Borough shall pay for such initial inspection services according to
a schedule determined by Borough Council.
A.
No person affected with any contagious or infectious disease or having open, running sores of any kind shall dispense food from or perform work on a food-vending vehicle or sell or distribute food from any vending equipment. The provisions of § 302-16 of this chapter shall apply to all persons engaged in food vending. Food vendors shall be personally clean at all times and wear clean clothing while distributing food.
B.
Construction and lighting of equipment:
(1)
Floors, walls, ceilings, shelves, compartments and
container holders in food-vending machines shall be of such construction
as to be readily cleaned and shall be kept clean and in good repair.
Food-vending vehicles shall be equipped to provide light of not less
than 10 footcandles at the face of any shelf, display or storage space
at such time as food shall be dispensed therefrom.
(2)
All utensils and equipment shall be of an approved
design and kept clean and stored and sanitized in a manner acceptable
to this Board. Paper cups shall be dispensed from an approved type
of dispenser and only wrapped straws and single-service spoons shall
be used.
C.
Refrigerating equipment:
D.
Preparation and handling of food:
(1)
There shall be no preparation of food on the vending vehicle. All foods shall be prepared and wrapped in a licensed establishment complying with all the provisions of Article V of this chapter.
(2)
Food to be distributed by any food vendor shall be protected from insects and the elements. All food in the possession of a food vendor shall be packaged or wrapped and sealed in unbroken, individual containers and remain therein until received by the consumer. Beverages shall be distributed in the original container or from an automatic vending machine of approved type designed to dispense the beverage in a single-service container from bulk. Water carried in a food-vending vehicle shall be clean and cold and shall conform to the provisions of Article VIII of this chapter.
E.
Garbage, trash and plumbing:
(1)
Garbage and trash shall at all times be kept in metal
containers with tight-fitting lids and disposed of at frequent intervals
so as not to create a nuisance.
(2)
All plumbing connected with food-vending equipment
shall be installed in accordance with the Borough of Bridgeport plumbing
ordinances.
This Board, after affording the holder of a
license an opportunity for a hearing, will suspend or revoke his license
if it finds that he has violated any of the provisions of this chapter.
If the situation demands, this Board may order the immediate suspension
of a license and subsequently afford the holder a hearing.