City of West Haven, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of West Haven 4-22-1985 by Ord. No. 227. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 73.
Licensing — See Ch. 139.
Nightclubs — See Ch. 150.

§ 115-1 Adoption of certain code provisions by reference.

[Added 11-22-2010]
The regulations of the Public Health Code of the State of Connecticut relative to food service establishments, sanitation of places dispensing foods or beverages (Section 19-13B42); catering food services (Section 19-13-B49); itinerant food vending (Section 19-13-B48); and sanitation of foodstuffs (Section 19-13-B40), by reference, are hereby adopted and made part of this chapter.

§ 115-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
CATERING FOOD SERVICE ESTABLISHMENT
A business involved in the sale or distribution of food and drink prepared in bulk in one geographic location for service in individual portions at another or which involves preparation and service of food on public or private premises not under the ownership or control of the operator of such service.
[Added 11-22-2010]
CONSTRUCTED or CONSTRUCTION
Includes the construction, expansion, remodeling or renovation of any premises, in whole or in part, for use as a retail food or food service establishment.
DIRECTOR or DIRECTOR OF HEALTH
The Director of Health appointed pursuant to Article XII of the Charter of the City of West Haven and Section 19a-200 of the Connecticut General Statutes, or his designated representative.
FOOD SERVICE ESTABLISHMENT
Any place where food is prepared and intended for individual portion service and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term does not include a kitchen in a private home where food is prepared or served and not offered for sale, or a bed-and-breakfast operation that prepares and offers food to the guests if such operation is owner occupied and has the total building occupant load of not more than 16 persons, including the owner and occupants, and has no provisions for cooking or warming food in the guest rooms, and breakfast is the only meal offered, and placards are posted at the registration area which read: "This establishment is exempt from Section 19-13-B42 of the regulations of the Public Health Code.
[Added 11-22-2010]
ITINERANT FOOD VENDING ESTABLISHMENT
A food vending business serving food or drink from any establishment or conveyance without fixed location and without connection to water supply and sewage disposal systems.
[Added 11-22-2010[1]]
PERSON
Includes any individual, firm, corporation, association, partnership or company.
PREMISES
A building or any space within a building or area adjacent to a building or portion of a building used as a food service establishment.
[Amended 11-22-2010[2]]
TEMPORARY FOOD SERVICE ESTABLISHMENT
Any food service establishment which is intended to continue in operation for a period not to exceed 14 calendar days, or does so continue.
[Amended 11-22-2010]
[1]
Editor's Note; This ordinance also repealed the former definition of "itinerant food vending vehicles," added 2-22-1993 by Ord. No. 326, which immediately followed.
[2]
Editor's Note: This ordinance also repealed the former definition of "retail food establishment or food service establishment," which immediately followed, as amended.

§ 115-3 Plans for construction; approval.

A. 
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, along with a plan review fee of $50, shall be submitted to the Director of Health for review and approval 20 calendar days prior to issuing a food service license or a building permit and before construction, remodeling or alteration is begun.
[Amended 11-22-2010; 3-27-2013]
B. 
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. 
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 of Connecticut and any other applicable statutes, ordinances or 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.
[Amended 11-22-2010]
D. 
Plans for the construction of a new food service establishment shall be submitted along with a properly executed application and application fees as provided in § 115-8 of this chapter.
[Amended 11-22-2010]

§ 115-4 Preoperational inspection.

[Amended 11-22-2010]
Whenever plans and specifications are required by § 115-3 of this chapter to be submitted to the Director of Health, the Director of Health shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications and with the requirements of this chapter and the Public Health Code of the State of Connecticut.

§ 115-5 Right of entry for Director of Health.

[Amended 2-22-1993 by Ord. No. 326; 11-22-2010]
The Director of Health shall be permitted to enter, at any reasonable time, any food service establishment within the City of West Haven for the purpose of making inspections to determine compliance with this chapter. He shall also, at any reasonable time, be allowed to enter and/or inspect any itinerant food vending vehicle operating within the City of West Haven to determine compliance with this chapter.

§ 115-6 Penalties for offenses.

[Amended 2-22-1993 by Ord. No. 326; 11-22-2010]
Any person who shall operate a food service establishment without having applied for and received a license, or who operates an itinerant food vending establishment without having applied for and received a license for each conveyance or vehicle and each operator of said conveyance or vehicle, or whose license has been suspended or revoked, or who fails to display any required license as provided herein, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of $100 for each offense. Each day upon which such a violation occurs shall constitute a separate violation. In addition thereto, such persons may be enjoined from continuing such violation.

§ 115-7 License required; posting.

[Amended 2-22-1993 by Ord. No. 326; 11-22-2010]
A. 
It shall be unlawful for any person to operate a food service establishment in the City of West Haven who does not possess a valid license issued to him by the Director of Health. Such license must be posted in a conspicuous place within the licensed establishment within easy reading distance of patrons and no license issued under this chapter may be transferred from one person or place to another person or place.
B. 
It shall be unlawful for any person to operate an itinerant food vending establishment within the City of West Haven which vehicle does not possess a valid license issued for it by the Director of Health. Such license must be posted in a conspicuous place upon the establishment, conveyance or vehicle and shall not be transferred from vehicle to vehicle.
C. 
It shall be unlawful for any person to operate an itinerant food vending establishment within the City of West Haven who does not possess a photographic identification operator's license issued by the West Haven Police Department. Such photographic identification operator's license shall be worn and displayed by the operator at all times the establishment is in operation and shall not be transferred from operator to operator.

§ 115-8 Filing of application; application fee; inspection of conveyances and vehicles.

[Amended 11-22-2010]
A. 
Before any license required by this chapter may be issued, an application for such a license must be filed with the Director on forms provided by the Director.
[Amended 2-22-1993 by Ord. No. 326]
B. 
Said applications must be accompanied by a fee of $50, which shall not be refundable.
[Amended 2-22-1993 by Ord. No. 326]
C. 
Applicants for licenses to operate an itinerant food vending business establishment must produce the establishment, conveyance or vehicle(s) to be used in the business for inspection by the Director.

§ 115-9 License fees.

[Amended 2-22-1993 by Ord. No. 326; 11-22-2010]
A. 
Annual license fees shall be charged according to the following schedule:
(1) 
For food service establishments as classified under the Public Health Code, Section 19-13-B42:
(a) 
Class 1: $100.
(b) 
Class 2: $200.
(c) 
Class 3: $300.
(d) 
Class 4: $400.
(2) 
For a catering food service establishment: $100.
(3) 
For an itinerant food vending establishment: $375.
[Amended 3-27-2013]
(4) 
For eleemosynary institutions regardless of classification: no fee.
B. 
Licenses issued pursuant to Subsection A of this section shall expire on April 30 of each year and may be renewed upon payment of the annual fee, except for licenses for itinerant food vending establishments where inspection pursuant to § 115-8C of the vehicle is required, along with said fee. One-half of the listed annual fee shall be charged for licenses issued after November 1, which shall also expire on April 30.

§ 115-10 Inspection prior to licensing; notification.

A. 
Upon receipt of an application for a license from a new owner of an existing food service establishment or an owner of a new food service establishment, or an application to operate an itinerant food vending establishment, the Director of Health shall survey and inspect the premises, establishment, conveyance, vehicles and equipment and, if the same are found to be in accordance with the rules and regulations of the Public Health Code of the State of Connecticut and other applicable statutes, ordinances or rules and regulations of the West Haven Board of Health, he shall issue the applicant a valid license.
[Amended 2-22-1993 by Ord. No. 326; 11-22-2010]
B. 
The Director of Health shall notify the applicant of approval or denial of the license within not more than 14 calendar days of receipt of a properly executed application and fee. Notification shall be made by hand delivery or by first class mail to the address of the applicant shown on the application.

§ 115-11 Periodic inspections; suspension or revocation of license.

[Amended 2-22-1993 by Ord. No. 326; 11-22-2010; 3-27-2013]
The Director shall periodically inspect the premises, equipment and operation of all persons holding a valid license issued under this chapter. If he finds that any license is operating in violation of the Public Health Code of the State of Connecticut or other applicable statutes, ordinances or rules and regulations, he shall issue an order to the licensee forthwith to take such measures as are necessary for full compliance with said code. All licenses issued under the terms of this chapter may be suspended or revoked by the Director for a violation by the licenses of any of the terms of said code or other applicable statutes, ordinances or rules and regulations. Establishments, conveyances or vehicles which fail to pass inspection must have the manager of the establishment or conveyance's or vehicle's owner pay a reinspection fee of $100 and attend a 1/2 hour of education and consultation session at the West Haven Health Department prior to reinspection or his/her license may be revoked by the Director of Health.

§ 115-12 Temporary retail food service establishments.

[Amended 2-22-1993 by Ord. No. 326; 11-22-2010]
No person shall conduct a temporary food service operation without having first applied for, and received from the Director, a license to conduct a temporary food service operation. The application shall be submitted on forms provided by the Director and shall be accompanied by a nonrefundable application fee of $25. A license fee of $50 shall be charged for each license issued by the Director hereunder. Licenses for temporary retail food or food service establishments shall be issued for a period of time not to exceed 14 consecutive days. Temporary licenses may be renewed not more than once upon payment of a fee.

§ 115-13 Suspension of license.

A. 
The Director of Health may suspend any license to operate a food service establishment or itinerant food vending vehicle if the license holder does not comply with the requirements of this chapter or the Public Health Code of the State of Connecticut. If the Director of Health finds unsanitary or other conditions in the operation of a food service establishment, itinerant food vending [vehicle] establishment or catering food service establishment which, in his judgment, constitute an immediate and substantial hazard to the public health, he may immediately issue a written notice to the license holder or operator citing such conditions, specifying the corrective action to be taken and, if deemed necessary, order immediate corrections. Said written notice shall indicate his intention to suspend the license required by this chapter. If correction is not made in the stated time, the license shall be suspended. Suspension is effective upon service of a notice as stated in § 115-15 of this chapter. When a license is suspended, the operation of the establishment, shall immediately cease.
[Amended 2-22-1993 by Ord. No. 326; 11-22-2010]
B. 
Whenever a license is suspended, the license holder or person in charge may, within 48 hours, during normal business hours of the Health Department, appeal to the Director of Health. If no appeal is filed within 48 hours, the suspension is final. If an appeal is filed, the Director of Health shall, within 10 days of receipt of the appeal, examine the merits of such suspension and shall vacate, modify or affirm such suspension. The Director of Health shall notify the appellant as outlined in § 115-15, Service of notice, of this chapter within five days of having vacated, modified or affirmed this suspension.
C. 
During the process of appeal, the license shall remain suspended.

§ 115-14 Revocation of license.

A. 
The Director of Health may, after providing opportunity for an appeal and hearing, revoke a license for serious or repeated violations of any of the requirements of this chapter or the Public Health Code of the State of Connecticut or for interference with the Director of Health in the performance of his duties. Prior to revocation, the Director of Health shall notify the license holder or person in charge, in writing, of the reasons for which the license is subject to revocation and that the license shall be revoked at the end of 14 calendar days following service of such notice unless an appeal is filed with the Director of Health by the license holder within 48 hours during the normal business hours of the Health Department. If no request for appeal is filed within 48 hours, the revocation of the license becomes final. If an appeal is filed, the Director of Health shall, within 10 days, examine the merits of such revocation and shall vacate, modify or affirm such revocation.
B. 
During the process of appeal, the license shall remain revoked.

§ 115-15 Service of notice.

A notice provided for in this chapter shall be deemed to be properly served when it is personally delivered to the license holder or person in charge or when it is sent by registered or certified mail, return receipt requested, to the last known address of the license holder. A copy of any notice shall be filed in the records of the Director of Health.

§ 115-16 Reinstatement of license.

Whenever a license has been suspended or revoked, the holder of the suspended license may make a written request for reinstatement of the suspended or revoked license. Within 10 days following receipt of written request, including a statement signed by the applicant that, in his opinion, the conditions causing the suspension or revocation have been corrected, the Director of Health shall make a reinspection. If the applicant is complying with the requirements of this chapter, the Public Health Code of the State of Connecticut and any other applicable statutes, ordinances or rules and regulations, the license shall be reinstated.

§ 115-17 Appeal.

Any person aggrieved by an order of the Director issued pursuant to this chapter may appeal such order to the Commissioner of Health for the State of Connecticut pursuant to Section 19a-229 of the Connecticut General Statutes, as amended, or as hereafter amended. No such appeal shall stay the order appealed from, unless the Commissioner of Health, for good cause shown and on notice to the Director, issues an order granting such a stay.

§ 115-18 Examination and condemnation of food; hold orders.

Food may be examined or sampled by the Director of Health as often as necessary for enforcement of this chapter or the Public Health Code of the State of Connecticut. The Director of Health may, upon written notice to the owner or person in charge specifying with particularity the reasons therefor, place a hold order on any food or beverage which he believes is unfit for human consumption. The Director of Health shall tag, label or otherwise identify any food subject to a 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 be filed with the Director of Health within 48 hours and that, if no hearing is requested, the food shall be destroyed. The Director of Health shall hold a hearing, if so requested, and on the basis of evidence produced at that hearing, 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 of Connecticut.

§ 115-19 Hand-washing facilities.

[Amended 11-22-2010]
Food service establishments shall provide separate hand-washing facilities located within the room or rooms where food is prepared. The location and number of hand-washing facilities shall be approved by the Director of Health.

§ 115-20 Police Department license for itinerant food vendors.

[Amended 2-22-1993 by Ord. No. 326; 11-22-2010]
Sections 139-1 and 139-2 of Chapter 139 of the City Code, regulating the issuance of licenses and permits, requiring that the Police Department of the City of West Haven shall issue licenses for refreshment stands and itinerant food vendors, shall not affect the powers of the Director of Health herein. The Police Department of the City of West Haven may, in its reasonable discretion and subject to its approval, issue such licenses, provided that the itinerant food vendor first holds a valid license issued by the Director of Health.