City of Middletown, CT Food and Food Products

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.

§ 166-2 Definitions.

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.

§ 166-3 License required; applicability.

[Amended 2-2-1998]

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.

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.

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.

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.

§ 166-4 Issuance and terms of license; fees.

[Amended 9-5-1989; 1-5-1998; 6-1-1998]

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.

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.

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.

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.

§ 166-5 Activities excluded.

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.

§ 166-6 Revocation of license.

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.

§ 166-7 Display of license.

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.

§ 166-8 Approval of new or remodeled establishments.

[Amended 1-5-1998]

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.

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.

§ 166-9 Inspection of damaged establishments.

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.

§ 166-10 Service in City-owned buildings.

[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.