Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[Adopted 2-21-1975; revised 12-17-2002, effective 1-1-2003 (Section 1.00 of Part II of the 1991 Codification as updated through 6-1-1996)]
The provisions of the State Sanitary Code (105 CMR 590.000 through 105 CMR 590.021 Minimum Sanitation Standards for Food Establishments, State Sanitary Code, Article X, inclusive and dated October 13, 2000) are hereby adopted as the provisions of this Article I of Chapter 322.
All food served buffet style shall be enclosed in such a manner to prevent contamination from patrons.
Grease traps must be provided at restaurants, nursing homes, schools, hospitals, bakeries, or similar establishments as determined by the Board of Health. The capacity of the grease trap shall be calculated by the kitchen flow rate of 15 gallons per seat or chair, per day, but in no case shall be less than 1,000 gallons. This applies to establishments connecting to Town sewer, or establishments with on-site sewage systems.
[Amended 11-15-2005; 2-28-2006; 4-24-2018]
All food-service establishments shall provide adequate, conveniently located toilet facilities for their employees. All food-service establishments shall provide adequate, conveniently located toilet facilities for their patrons at any locations where seating is provided. Each food-service establishment with a seating or standing capacity of over 50 patrons shall provide toilet facilities for employees that are separate from the toilet facilities provided for patrons. Separate facilities must be provided for male and female employees and male and female patrons. All restroom sinks shall be equipped with hands-free plumbing fixtures. Each food-service establishment shall be provided with adequate, conveniently located hand-washing facilities for its employees equipped with hands-free plumbing fixtures, hot and cold or tempered running water, hand cleansing soap or detergent from a dispensing unit, and sanitary towels or other hand-drying devices. Common towels are prohibited. This handwashing facility shall be located in the food preparation area.
A. 
No person, corporation, or firm shall provide outdoor dining or an outdoor cafe at a food establishment until after all of the following requirements are met:
(1) 
The applicant shall file a written request for outside dining or for an outside cafe on a form prescribed by the Town and shall submit plans of the proposed dining area. The seating capacity shall be determined by the Board of Health after a determination is made whether requirements of Subsection A(2) through (14) below will be met and after a visual inspection is conducted by an agent of the Board of Health. A replacement food establishment permit shall be issued by the Board of Health indicating outside dining is permitted and listing the overall seating capacity, only after it is determined by an agent of the Board of Health that all of the requirements Subsection A(2) through (14) of this section are met.
(2) 
A menu shall be submitted to the Board at the time of application.
(3) 
The dining area must be appurtenant and contiguous to the restaurant property. The dining area must be mentioned on the described premises as in the case of a common victualler's license.
(4) 
Sufficient restrooms, both for customers and employees, must be furnished counting the additional outside seating as required by the State Plumbing Code and Town of Barnstable Health regulations.
(5) 
A grease trap shall be of sufficient capacity, based upon 15 gallons per seat, as required by the State Environmental Code, Title V, and Town of Barnstable Health regulations. A grease recovery device may be installed to supplement an existing in-ground grease trap, after receiving the approval of the Board of Health.
(6) 
All entrance and exit doors used by food service personnel and customers must be screened and provided with air curtains meeting National Sanitation Foundation standards. All windows or openings used for the transfer of food will have a self-closing screen on the window or have an air curtain. Food cannot be stored or kept outside. All food must be prepared inside the facility's kitchen and kept inside until served.
[Amended 6-14-2011]
(7) 
A drainage system designed to eliminate odors will be required for all outdoor dining areas. Hose bibs with vacuum breakers must be available for washing down the dining area.
(8) 
Trash dumpsters shall be situated no closer than 50 feet from an outdoor dining area. If such a dumpster is in the line of sight from the dining area, it must be hidden from view. The area around the dumpster and stockade must be kept clean and free of litter. Dumpsters must be closed with adequate covers designed to prevent entrance of rodents and birds and sealed to control odors.
(9) 
The patio or other ground surface must be of constructed of material readily cleanable and not susceptible to dust, mud, or debris. (Brick, tile, and concrete are examples of acceptable materials.)
(10) 
Table tops must be smooth, nonporous, easily cleanable and durable, and readily maintained in a clean and sanitary condition.
(11) 
Food-service personnel must constantly police the dining area for wastepaper, garbage and other trash. Placement clips, cup holders and other such devices must be utilized to prevent blowing paper. Covered trash receptacles must be provided in close proximity to the dining area and must be emptied as needed to prevent overflowing.
(12) 
Strict cleanup practices must be adhered to. Waitstaff and buspersons must clean up after each patron as in indoor dining. Each establishment must abide by all regulations contained in Article X, Minimum Sanitation Standards for Food Service Establishments, of the Commonwealth of Massachusetts, Department of Health Sanitary Code.
(13) 
Outside food handlers must have easy access to handwash sinks and cleaning cloths. Facilities for preparation and disposal of sanitizing solutions must be accessible.
(14) 
Hair nets or other effective hair restraints, such as hats covering exposed hair, shall be worn by all outside food or drink handlers. Beards and mustaches must be neatly trimmed.
B. 
Exemption from doorway air curtain requirement in Subsection A(6) above: The Board of Health may waive the requirement to provide air curtains at the doorways only if no waitstaff services will be provided to the outside dining area (self-service only).
A. 
Push-cart-type food-service vendors will not be permitted in the Town of Barnstable.
B. 
Mobile food units shall operate from a commissary, or other fixed food-service establishment that is constructed and operated in compliance with Article X of the State Sanitary Code and Town of Barnstable Health Regulations.
C. 
Mobile food units serving foods not packaged for individual servings and/or involving the use of utensils shall provide a potable water system under pressure. The system shall be of sufficient capacity to furnish enough hot and cold water for food preparation, utensil cleaning and sanitizing, and handwashing. A double-compartment sink must be provided for washing and sanitizing utensils. A separate handwash sink must also be provided.
D. 
Mobile units garaged outside of the Town of Barnstable must furnish written certification from their local Board of Health verifying that they operate from a licensed food-service establishment.
[Amended 11-15-2005]
Any establishment with vending machines dispensing potentially hazardous food or drink must be licensed by the Board of Health.
[Amended 11-15-2005; 2-28-2006]
A. 
This regulation may be enforced by the provisions of MGL Chapter 40, § 21D.
B. 
The fine for any violation under this regulation shall be $100.
C. 
Each day shall constitute a separate violation.
If any section, paragraph, sentence, clause, or phrase of these rules and regulations should be decided invalid for any reason whatsoever, such decision shall not affect the remaining portions of these regulations, which shall remain in full force and effect; and to this end the provisions of these regulations are hereby declared severable.
This regulation is to take effect on the date of publication of this notice.