[HISTORY: Adopted by the Wilton Town Meeting 9-26-1979. Amendments
noted where applicable.]
As used in this ordinance, the following terms
shall have the meanings indicated:
Any place where food or beverage that is intended for individual
service and consumption is routinely provided completely prepared.
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 or beverage. The 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.
No person shall operate a food-service establishment
who does not have a valid license issued to him/her by the Director
of Health. Only a person who complies with the requirements of this
ordinance and the Public Health Code of the State of Connecticut shall
be entitled to receive or retain such a license. Licenses are not
transferable. A valid license shall be posted in every food-service
establishment. Licenses for temporary food-service establishments
shall be issued for a period of time not to exceed 14 consecutive
days.
A.
Any person desiring to operate a food-service establishment
shall make written application for a license on forms provided by
the Director of Health. Such application shall include the name and
address of each applicant, the location and type of the proposed food-service
establishment and the signature of each applicant. If the application
is for a temporary food-service establishment, it shall also include
the dates of the proposed operation.
B.
Prior to approval of an application for license, the
Director of Health, or his authorized agent, shall inspect the proposed
food-service establishment to determine compliance with the provisions
of this ordinance and the Public Health Code of the State of Connecticut.
C.
The Director of Health shall issue a license to the
applicant if the inspection reveals that the proposed food-service
establishment complies with the requirements of this ordinance and
the Public Health Code of the State of Connecticut.
Fees shall be as follows:
A.
Establishments with a capacity of from one to 50 people:
$25.
B.
Establishments with a capacity of above 50 people:
$50.
C.
Itinerant vendors and take-out establishments with
no seating: $25.
D.
Caterers: $25.
E.
Temporary license, not to exceed 14 days: $10.
F.
Public and private schools, nonprofit organizations
and churches must obtain a license; however, there will be no fee.
All licenses shall expire one year after the
date of issuance and may be renewed for another year upon application
and payment of an annual fee.
A.
The Director of Health may suspend any license to operate a food-service establishment if the license holder does not comply with the requirements of this ordinance 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 which, in his or her judgment, constitute an immediate and substantial hazard to public health, he may immediately issue a written notice to the license holder citing such conditions, specifying the corrective action to be taken and specifying the time period within which such action shall be taken and, if deemed necessary, may order immediate correction. 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 § 15B-8 of this ordinance. When a license is suspended, food-service operations shall immediately cease.
B.
Whenever a license is suspended, the license holder
or person in charge may, within 48 hours, file a written appeal with
the Director of Health. If no appeal is filed within 48 hours, the
suspension becomes final. If an appeal is filed, the Director of Health
shall thereupon immediately examine into the merits of such suspension
and may vacate or affirm such suspension.
The Director of Health may, after providing
opportunity for an appeal, revoke a license for serious or repeated
violations of any of the requirements of this ordinance or of the
Public Health Code of the State of Connecticut or for interference
with the Director of Health, or his authorized agent, 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 days following service of such notice
unless an appeal is filed with the Director of Health by the license
holder within 48 hours. 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 thereupon immediately examine
the merits of such revocation and may vacate or affirm such revocation.
A notice provided for in this ordinance is properly
served when it is 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.
A.
Suspension. Whenever a license has been suspended,
the holder of the suspended license may make a written request for
reinstatement of the suspended license. Within 10 days following receipt
of a written request, including a statement signed by the applicant
that, in his opinion, the conditions causing the suspension have been
corrected, the Director of Health or his authorized agent shall make
a reinspection. If the applicant is complying with the requirements
of this ordinance and the Public Health Code, the license shall be
reinstated.
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, or his authorized agent, for review and
approval before construction, remodeling or alteration is begun. The
plans and specifications shall indicate the proposed layout, arrangement
and construction materials or work areas and the type and model of
proposed fixed equipment and facilities. The Director of Health, or
his authorized agent, shall approve the plans and specifications if
they meet the requirements of this ordinance and the Public Health
Code of the State of Connecticut. No food-service establishment shall
be constructed, remodeled or altered except in accordance with plans
and specifications approved by the Director of Health, or his authorized
agent.
Whenever plans and specifications are required by § 15B-10 of this ordinance to be submitted to the Director of Health or his authorized agent, the Director of Health or his authorized agent, 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 ordinance and the Public Health Code of the State of Connecticut.
Food may be examined or sampled by the Director
of Health as often as necessary for enforcement of this ordinance
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, or his authorized agent, 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 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, 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 ordinance or the Public
Health Code of the State of Connecticut.
Food from food-service establishments outside
the jurisdiction of the Director of Health of the Town of Wilton may
be sold within the Town of Wilton if such food-service establishments
conform to the provisions of this ordinance or to substantially equivalent
provisions. To determine the extent of compliance with such provisions,
the Director of Health may accept reports from responsible authorities
in other jurisdictions where such food-service establishments are
located.
Any person who shall violate any of the provisions
of this ordinance and/or the Public Health Code of the State of Connecticut
shall be guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine of not more than $100. In addition thereto,
such persons may be enjoined from continuing such violations. Each
day upon which such a violation occurs shall constitute a separate
violation.
This ordinance shall be in full force and effect
15 days after its adoption and publication as provided by law; and,
at that time, all ordinances and parts of ordinances in conflict with
this ordinance are hereby repealed.
Should any section, paragraph, sentence, clause
or phrase of this ordinance be declared unconstitutional or invalid
for any reason, the remainder of said ordinance shall not be affected
thereby.
