For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any service which involves the sale or distribution of food
and drink prepared in bulk at one geographic location for service
in individual portions at another or which involves preparation and
service of food on public or private premises not under the ownership
or control of the operator of this service.
Everything ingested by human beings as food or drink, including
substances containing no food value but which are nevertheless customarily
ingested by human beings as food or drink.
A place where food is prepared or offered for consumption
by the public, whether or not consumption occurs on the premises where
the food is prepared or offered, and regardless of whether there is
a charge for the food. The term includes restaurants, delicatessens,
caterers, bakeries, grocery stores, non-profit organization kitchens
in churches, civic clubs, community centers, health and nursing facilities,
academic institutions and other settings where food is prepared and
offered to the public. Food establishments shall be classified per
the Connecticut Public Health Code which is based upon the degree
of risk involved in the operation.
A room with a toilet and washbasin equipped with hot and
cold running water, liquid soap with pump dispenser, disposable towels
and/or a mechanical drying device.
A mobile unit which offers food or drink at various locations.
All establishments dispensing food or drink.
A food service establishment at a temporary event such as
a festival or outdoor fair or other similar transitory gathering that
operates at a fixed location for a period not to exceed two weeks.
No food establishment, restaurant, or mobile unit shall be operated
or maintained within the Town except in compliance with the provisions
of this chapter and in compliance with the health and sanitary regulations
herein contained, and/or contained in the Public Health Code established
by the Commissioner of Public Health pursuant to Sections 19a-36 and
19a-36a of the Connecticut General Statutes, hereinafter "the Connecticut
Public Health Code."
Any establishment, or mobile unit dealing in food and drink,
within the provisions of this chapter, which fails to meet the requirements
of the regulations contained in this chapter and/or contained in the
Connecticut Public Health Code may be ordered to cease operation and
shall have its license suspended until such time as it meets necessary
requirements and is permitted to resume business.
A.
No person shall prepare food for sale, sell it, offer to sell it
or hold or transport it for sale without having obtained a license
from the Town Department of Health for the food establishment or establishments
where the business is to be carried on. The same license requirement
shall apply to any person offering food to the public whether or not
money is exchanged.
B.
Transfer of food service license is prohibited. Any person who assumes
ownership of a food service establishment must complete a plan review
application to acquire a license from the Health Department before
offering or selling food to the public.
C.
Any individual or organization selling or offering food to the public
at a temporary event must first obtain a permit from the Director
of Health. An application for a temporary food event permit must be
submitted to the Health Department 10 days prior to the event. The
applicant must comply with established food sanitation guidelines
for temporary food service. The Director of Health may refuse to grant
a temporary food event permit if in her/his judgment the applicant
is unable to comply with required food protection protocols.
A.
Application for hearing. Any person whose license has been suspended
under the provisions of this chapter may request a hearing with the
Director of Health at which time he/she shall have an opportunity
to show cause why the license should be restored. Upon such request,
the Director of Health or his/her authorized agent shall appoint a
time and place for a hearing, as soon as conveniently practical, but
in no event at a time later than 48 hours after request for a hearing
has been received.
B.
Decision. The Director of Health or his/her authorized agent shall
be the sole judge as to whether or not necessary requirements of this
chapter and the Connecticut Public Health Code have been met and a
suspended license shall be restored. If the judgment is that a license
shall not be restored, then the suspension shall remain in force until
the Director or his representative shall determine that the restoration
of such license would not endanger the public health or safety.
C.
Additional hearing. If the judgment is that a license shall not be
restored, the licensee may, after a reasonable time, apply for another
hearing. Such application shall be accompanied by an affidavit stating
what action has been taken to eliminate the unsanitary condition since
the previous hearing or what new occurrences have eliminated the unsanitary
condition. If, in the opinion of the Director of Health or his/her
authorized agent, the allegations set forth in the affidavit might
justify restoration of the license, if true, the Director or his/her
authorized agent shall order another hearing at a time not more than
96 hours from the time such application for another hearing is received.
If it is the judgment that the license shall not be restored, then
the suspension shall remain in force until the Director of Health
or his/her authorized agent shall determine that the restoration of
such license will not endanger the public health or safety.
D.
Number of hearings not limited; costs. There shall be no limitation
as to the number of hearings an applicant may have, but the Director
of Health may deny any request for a hearing or refuse even to act
upon such request after two hearings have been had, unless the applicant
shall pay the reasonable costs of such hearings as have been had and
submit a bond to cover the costs of the hearing for which the application
is made.
A.
Any person who has been aggrieved by administrative action under
the provisions of this chapter may appeal to the Superior Court of
the State of Connecticut for appropriate relief under the following
circumstances:
(1)
If the refusal to issue a license is arbitrary and unreasonable and
in abuse of the discretion of the Director of Health, but not otherwise.
The Health Department Inspector may inspect all food establishments
as often as deemed necessary and at any time in accord with the schedule
stipulated in the Connecticut Public Health Code.
Equipment in all food service establishments and mobile catering
units must be certified by the American National Standard Institute
(ANSI).
A.
Penalty for not having license. Any person who prepares for sale,
sells, offers to sell, holds or transports for sale, or offers to
the public any food in the Town without a license shall be fined not
more than $100. Each sale or offer to sell made by a person whose
license is under suspension shall be considered a separate violation
of this section. Any person who assumes ownership of a food service
establishment and proceeds to offer or sell food to the public without
first obtaining a license from the Health Department shall be subject
to the same penalty. This penalty is in addition to any other penalties
provided for or powers bestowed upon municipal health authorities
and/or the Director of Health pursuant to Chapter 368e of the Connecticut
General Statutes and the Connecticut Public Health Code.
B.
Any licensed food establishment that fails an inspection and requires
a follow-up inspection to ensure compliance shall be subject to a
reinspection fee. A late charge will be assessed if the reinspection
fee is not paid within 30 days.
C.
Any food service establishment that fails a reinspection shall be
subject to additional reinspection fees.
