[HISTORY: Adopted by the Common Council of
the City of Middletown 3-3-1980; amended 11-3-1986. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 218.
The Director of Health shall have authority
to enter, during the usual hours of business, all places and, in the
case of itinerant vendors, all vehicles and shall be given access
to all vending machines within the City where food products are manufactured,
processed, prepared, kept or stored, for the purpose of dispensing
or sale, and to inspect and test such food products and to condemn,
prohibit the sale of and order the disposal of such food products
as are not sound, wholesome or fit for human food or of such character
that the sale thereof is prohibited by law.
As used in this chapter, the following terms
shall have the meanings indicated:
- FOOD PRODUCTS
- Includes, but is not limited to, meat, fish, game, poultry, fruit, vegetables, dairy products, ice which may be directly consumed or come in contact with food, drink, or milk, or any combination thereof.
- PERSON
- Includes but is not limited to any individual, partnership, corporation, association, or public or private organization.
[Amended 2-2-1998]
A.
No person shall manufacture ice which may be directly
consumed or come in contact with food, drink and/or milk without first
obtaining a license from the Director of Health or his duly authorized
designee.
B.
No person shall store, process and/or prepare and/or
sell, dispense and/or offer for sale any food products for human consumption
without first obtaining a license from the Director of Health or his
duly authorized designee.
C.
The provisions of this section shall apply to all
persons engaged in the business of manufacture, processing, preparation,
storage, sale and/or dispensing of food products, including but not
limited to restaurants, lunchrooms, soda fountains, itinerant food
vendors and caterers and other eating places or facilities for the
accommodation of the general public and dining facilities maintained
by private businesses, educational institutions, fraternal organizations,
religious organizations and social and other organizations, where
the general public may or may not be admitted but where food products
are manufactured, processed, prepared, stored, sold and/or dispensed.
Caterers, whether operating in public or semipublic dining facilities
or as a service to the public generally, are also required to obtain
a license as are itinerant food vendors, whether selling from any
type of vehicle or on foot.
D.
No person shall operate a Class Three or Class Four
food establishment as defined in the Connecticut Public Health Code
without written documentation on file in the Department of Health
offices that the person owning, operating or managing said food service
establishment is a qualified food operator (QFO) as defined in the
Connecticut Public Health Code.
[Amended 9-5-1989; 1-5-1998; 6-1-1998]
A.
The Director of Health or his duly authorized designee
may issue a license required by this chapter upon written application
and payment of the required fee. The license shall be in the name
of the person in charge on the site of the activity being licensed
and is nonassignable. The license shall expire upon the expiration
of the required state license for an activity, the conclusion of the
special event for which the license was issued, or one year after
the date of issuance, whichever occurs first. No portion of the fee
will be refunded in the event of the termination of the license prior
to its expiration date for any reason. If two or more types of licensed
activities are carried on at one location and as part of one operation,
only one fee shall be charged, which fee shall be the highest amount
charged if any one of the activities was licensed separately. A license
may be terminated by expiration, revocation or automatically when
the person to whom it is issued ceases to be in charge.
B.
The required fees are as follows:
(1)
For each establishment serving food, drink, milk,
or ice or any combination thereof, a minimum fee of $150 per year
shall be paid. An additional $10 per year shall be paid for each 25
seats or fraction thereof beyond 25 seats.
(2)
For a food store, beverage shop, supermarket and similar
establishment, the fee shall be a minimum of $150 per year with an
additional $50 per year for every 5,000 square feet or fraction thereof
beyond the first 5,000 square feet of area used to keep and/or for
the sale of food products.
(3)
For an itinerant food vendor or caterer, the fee shall
be $75 per year per vehicle used in business.
(4)
For food service facilities on public means of transportation,
including but not limited to trains and boats, the fee shall be $100
per year.
(5)
For each temporary license for selling and/or dispensing
food, drink, milk, or ice or any combination thereof, the fee shall
be $75. The temporary license shall be valid for a period not more
than 14 consecutive days, which days shall be specified in the license.
(6)
For each theater, sports facility and other facility
having a food concession or snack bar, there shall be a fee of $75
per year for each concession or snack bar.
C.
Churches, charitable and other nonprofit organizations,
schools and municipal services shall be required to obtain a license
but shall be exempt from payment of any fees.
D.
Retail establishments in which the sale of food is
not the primary purpose (including but not limited to laundromats,
liquor stores, video rental stores, pharmacies and gas stations) shall
be required to obtain a license but shall be exempt from payment of
any fees, provided that potentially hazardous foods, as such term
is defined within the Connecticut Public Health Code, are not sold
by the establishment.
The following activities are excluded from the
licensing and fee requirements of this chapter: nonpermanent fruit
and vegetable stands which do not require preparation, refrigeration,
cooking and/or heating of any kind, including but not limited to farmers'
markets and roadside stands.
Any license issued under this chapter may be
revoked by the Director of Health or his duly authorized designee.
Whenever the Director of Health or his duly authorized designee finds
that food products are manufactured, prepared, processed, stored,
kept, dispensed and/or sold in such a manner so as to create a hazard
to the public health, he/she shall issue a written notice to the license
holder citing the conditions, specifying the corrective action to
be taken and specifying the time period within which the action shall
be taken. If the conditions, in the judgment of the Director of Health
or his duly authorized designee, constitute a substantial hazard to
the public health, he/she shall revoke the license or order immediate
correction. If correction is not made in the stated time, a written
order shall be issued revoking the license and prohibiting further
use of the place, vehicle or machine for the manufacture, processing,
preparation, storage, keeping, dispensing and/or sale of food products.
Any license issued under this chapter shall
be displayed in a prominent place. Failure to so display the license
shall be a violation of this chapter.
[Amended 1-5-1998]
A.
Whenever a food service establishment is constructed
or remodeled, and whenever an existing structure is converted to use
as a food service establishment, plans and specifications for the
physical layout of such establishment, including but not limited to
the layout of the kitchen, bathrooms and dining area, along with a
complete menu shall be submitted to the Director of Health, or his
duly authorized designee, for review and approval. The Director of
Health, or his duly authorized designee, shall approve the plans and
specifications if they meet the requirements of the Public Health
Code of the State of Connecticut.
B.
Approval of the Director of Health, or his duly authorized
designee, shall be separate from and independent of any other reviews,
permits, inspections or approvals which may be required by other authorized
officers of the City or state. A review fee in the amount of $100
payable to the City of Middletown shall accompany plans for retail
food stores of 10,000 square feet or more, or food service establishments
which meet the Class IV state requirements.
When a food, beverage, milk, and/or ice dispensing
establishment incurs damage due to water, wind or fire, the Middletown
dispensing license(s) will automatically be suspended pending a site
inspection of the premises. Upon satisfactory completion of the inspection,
the license shall be reinstated.
[Added 6-7-2010 by Ord. No. 59-10]
No person shall cook or serve food in a building owned by the
City of Middletown unless such person is a City of Middletown employee.
Nonprofit organizations are exempt from the provisions of this section.
The Common Council may authorize an exception to the provisions of
this section.
