[HISTORY: Adopted by the Town Council of the Town of Johnston 12-10-1979 by Ord. No. 440 as Secs. 22-1 to 22-18 of the 1979 Code. Amendments noted where applicable.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Establishments set up to prepare meals that will be transported and served at parties or banquets held on or off the premises.
- CLASS A RESTAURANT
- A restaurant at a fixed location, in a building, where food or drink is served primarily for consumption on the premises.
- CLASS B RESTAURANT
- An itinerant or travelling restaurant.
- DELICATESSEN RESTAURANT
- A place or establishment whose primary business is the selling of and precooking of meats to be consumed off the premises or the making of sandwiches for consumption off the premises.
- Any person who handles food or drink during its preparation or serving, or who comes in contact with any eating or cooking utensils, or who is employed in a room in which food or drink is prepared or served.
- HEALTH OFFICER
- The Health Officer of the Town and any of his duly appointed deputy or deputies.
- ITINERANT RESTAURANT
- A restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition, or other similar gathering.
- LUNCH CART RESTAURANT
- An eating establishment which is moved to a specific place daily or a restaurant on wheels with no cellar underneath.
- Restaurant, coffee shop, cafeteria, lunch cart, delicatessen, caterer, ice cream parlor, cafe, bar, luncheonette, tavern, sandwich stand, soda fountain, and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale on the premises or served elsewhere.
- TRAVELLING RESTAURANT
- A restaurant which moves from place to place to operate, dispensing sandwiches, frankfurts, box lunches, coffee, ice cream, and similar items.
- Any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving.
It shall be unlawful for any person to operate any victualling house or restaurant in the Town without having first obtained a license for the conduct and operation of the same.
The Town Council, with the approval of the proper health authority, is authorized to issue licenses for all restaurants.
[Amended 5-29-1992 by Ord. No. 838]
The annual fee for a restaurant license shall be as provided in Chapter 125, Business Operations, Article IV.
License year shall begin on the 15th day of May of every year. License fees shall be prorated on a semiannual basis when issued at any time during the last half of the license year.
A license issued under § 269-3 shall be posted in a conspicuous place on the premises.
The Health Officer may at any time suspend any license for cause, for such time as he may deem necessary or reasonable under the circumstances, not exceeding 10 days. However, no license shall be revoked until after a hearing before the Town Council.
Any licensee whose license has been suspended shall be notified in writing of the reason for such action. Upon making written request therefor, he shall have the right to a prompt hearing by the Board of Health upon the charges preferred against him and may be represented at any such hearing by counsel.
Notice of the proposed revocation of any license shall be given in writing to the licensee, setting forth the grounds therefor, the time and place of the hearing thereon, and informing the licensee of his right to be represented by counsel. Such hearing shall be held promptly and notice thereon be personally served or sent by registered mail to the licensee at his last and usual place of abode, or to the location where the restaurant is located. Hearings shall not be had until at least 72 hours from the mailing or delivery of the notice.
Licensees shall receive a copy of this chapter and all rules and regulations supplementary thereto at the time of receiving their licenses for the first time, and thereafter they shall receive copies on request.
Upon promulgation of a new rule or regulation by the Board of Health, and its approval by the Town Council, in accordance with the provisions of § 269-17, a copy thereof shall be mailed to each licensee at the address set forth in his application for a license, and the Board of Health shall publish the same by advertising the same for one time per week for at least two successive weeks in some public newspaper having a general circulation within the Town.
A suspended permit may be reinstated by the Health Officer, when satisfied that proper corrections have been made. A revoked permit cannot be reinstated, but a new permit may be issued in its stead.
The type of license required for any establishment shall be determined by the Health Officer, who shall also determine whether any establishment shall be required to take out more than one type of restaurant license.
Samples of food, drink, and other substances may be taken and examined by the Health Officer as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated.
At least once every three months the Health Officer shall inspect or cause to be inspected every restaurant located within the Town. One copy of the Health Officer's report shall be left with the person in charge of the restaurant, which copy shall be made available to any and all patrons and shall not be disposed of or removed except by permission of the Health Officer. Another copy of the Health Officer's report shall be kept on file with the records of the Board of Health.
In the event the Health Officer or any of his deputies shall determine that a violation of the provisions of this chapter exists in any restaurant, he may allow the holder of a license to remedy the violation within such time as he shall order, and, if such violation is not remedied at the end of such time, such license may immediately be suspended. All licensees shall notify the Health Officer of any proposed changes in location, route, or physical setup of the premises.
The person operating the restaurant shall, upon request of the Health Officer, permit access to all parts of the establishment.
All restaurants shall be subject to such sanitary provisions as may be fixed by the Town Council.
All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption.
All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources.
Milk shall be served in the individual original containers in which they were received from the distributor; provided that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service.
All oysters, clams, and mussels shall be from approved sources and if shucked shall be kept until used in the containers in which they were placed at the shucking plant.
All food and drink shall be so stored, displayed, and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination.
No animals except cats, and no fowl, shall be kept or allowed in any room in which food or drink is prepared or stored or served.
All Class A restaurants shall be rodentproof and all flies, roaches and rodents shall be eliminated by methods approved by the Health Officer.
The premises of all restaurants shall be kept clean and free of litter or rubbish.
None of the operations connected with a restaurant shall be conducted in any room used as living quarters.
Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean.
Soiled linens, coats, and aprons shall be kept in containers provided for this purpose.
The Board of Health is authorized to make such new and additional rules and regulations as it may deem necessary to more effectively enforce the provisions and intent of this chapter and such rules and regulations shall, when adopted by the Town Council, have the same force and effect as the provisions of this chapter until changed by the Town Council by ordinance duly enacted.
It shall be unlawful for any person holding a restaurant license to allow the consumption of any alcoholic beverages in his establishment by any individual.
It shall be unlawful for any person to charge a fee for a glass or other instrument and/or mixers to serve with alcoholic beverages brought into any establishment.
After hearing, the license of any restaurant may be suspended or revoked for any violation of this section or any violation of any of the provisions of the Town Charter or any state or federal law.