[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)]
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; 12-18-2018; 12-18-2019]
Each food-service establishment shall provide
adequate, conveniently located toilet facilities for their employees.
Each food-service establishment shall provide adequate, conveniently
located toilet facilities for their patrons at any locations where
seating is provided. The total occupant load, including both patrons
and employees, shall be considered when determining the required fixture
count in accordance with 248 CMR the Massachusetts State Plumbing
and Gas Code. 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.
[Amended 6-14-2011; 2-28-2023]
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 (10) 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 (10) of this section are met.
(2)
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.
(3)
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.
(4)
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 inground grease trap, after
receiving the approval of the Board of Health.
(5)
All entrance and exit doors used by food service personnel and customers
must be screened or provided with air curtains meeting National Sanitation
Foundation standards. All windows or openings used for the transfer
of food and/or monetary transactions shall be provided with a self-closing
window or screen or, in the alternative, shall be provided with an
air curtain. Food cannot be stored outdoors. All food must be prepared
inside the facility's kitchen and kept inside until served.
(6)
Table tops must be smooth, nonporous, easily cleanable and durable,
and readily maintained in a clean and sanitary condition.
(7)
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.
(8)
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.
(9)
Outside food handlers must have easy access to handwash sinks and
cleaning cloths. Facilities for preparation and disposal of sanitizing
solutions must be accessible.
(10)
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.
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]
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.
