[HISTORY: Adopted by the Board of Health of the Town of Yarmouth 6-21-1982. Amendments noted where applicable.]
The following are some of the criteria that must be met prior to the Board's consideration of a variance from Section 105, CMR 595.000 of the State Sanitary Code, Article X, Minimum Sanitation Standards for Food Service Establishments:
The applicant must submit an application to, and be approved by, the Town Site Plan Review Committee. A site plan will be required according to Section 1432 of the Zoning Bylaw to assure compliance with all applicable codes.
Sufficient rest rooms, both for customers and employees, must be furnished, counting the additional outside seating as required by the State Plumbing Code.
The existing subsurface sewage system must be determined adequate to the Board of Health for the proposed additional seats, according to Section 310 CMR 15.00 of the State Environmental Code, Title 5, Minimum Requirements for Subsurface Disposal of Sanitary Sewage.
Seating capacity shall be determined by the Board of Health after submission of plans and visual inspection.
The dining area must be set back 10 feet from the property line, sidewalk or public accessway (parking lots, etc.). A divider, such as a small fence, shrubs, etc., must mark the designated setback.
The dining area must be part of the restaurant property, whether leased or owned. The dining area must be mentioned on the described premises as in the case of a common victualler's license.
A self-contained drainage system designed to eliminate odors will be required for all outside dining areas. Conveniently located hose bibs must be available for washing down the dining area.
Provision must be made by the applicant to protect against the entrance of rodents, flies, roaches and other vermin into the outside dining area and into the parent establishment.
Trash dumpsters shall be situated no closer than 50 feet from an outdoor dining area. If such a dumpster is in the line of sight from the dining area, it must be hidden from view by a stockade or other such fencing. The area around the dumpster and stockade must be kept clean and free of litter. Dumpsters must be kept closed with adequate covers designed to prevent entrance of rodents and vermin and completely free of odors.
The patio or other dining area surface must be of such construction or material as to be readily cleanable and not be susceptible to inordinate amounts of dust, mud or debris. (Brick, tile, concrete or similar type washable surface would be examples of acceptable material.)
Table tops must be so designed and of such material and workmanship as to be smooth, nonporous, easily cleanable and durable and shall be in such repair as to be readily maintained in a clean and sanitary condition.
A menu shall be submitted to the Board at the time of application for a variance. Any addition or variation of the menu must be submitted to the Health Department for approval.
Food service personnel must continuously police the dining area for paper 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 kept from overflowing.
Strict cleanup practices must be adhered to. Waitresses, waiters and/or buspersons must be employed to 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 Public Health Sanitary Code.
Outside food handlers must have easy access to handwash sinks, clean cloths and to facilities where sanitizing solutions can be easily prepared and disposed of.
Hair nets or other effective hair restraints such as hats covering all exposed hair shall be worn by all outside food or drink handlers. Beards and mustaches must be neatly trimmed.
The above criteria are not inclusive and are only furnished as a guideline. The Board reserves the right to deny variances for any other conditions that may apply to specific locations. Any variance granted by the Board may be revoked for sanitary violations after an opportunity for a hearing is provided the permit holder.