For the purpose of this chapter the following
definitions shall apply:
FOOD SERVICE ESTABLISHMENT
Any fixed or mobile restaurant, private or public institution,
catering kitchen, commissary or similar place, public or private,
where food or drink is prepared for sale or service on the premises
or elsewhere and any operation where food or beverage is served or
provided to the public with or without charge.
The fees for licenses issued under §
304-3 of this chapter shall be those established from time to time in accordance with the Charter of the Town of Clinton. Such fees may be applicable for initial licensing or license renewal, whether the license in question is considered permanent or temporary.
Based upon the record of any hearing held under
the provisions of this chapter, the Director of Health of the Town
of Clinton shall make a finding as to the issues under consideration
at such hearing and shall furnish to the licensee, applicant or applicants
a written report of the hearing decision.
[Amended 8-5-2009]
Pursuant to C.G.S. § 19a-229, any
person aggrieved by an order issued by the Director of Health of the
Town of Clinton may, within three business days after receipt of such
order, appeal to the Commissioner of Public Health of the State of
Connecticut, who shall thereupon immediately notify the authority
from whose order the appeal was taken and examine into the merits
of such case and may vacate, modify or affirm such order.
No individual, partnership or corporation shall
begin to construct or remodel any food service establishment until
the plans for such construction or remodeling are first reviewed and
approved by the Director of Health of the Town of Clinton. This section
shall not be construed to override or supplant the requirements or
provisions of any other applicable laws and/or regulations regarding
the construction or remodeling of any food service establishment but
rather shall be construed to be in addition to any such laws and/or
regulations thereto.
No person while affected with any disease in
a communicable form, or while a carrier of such disease, or while
afflicted with boils, infected wounds, sores or an acute respiratory
infection, shall work in any food service establishment in any capacity
in which there is a likelihood of such person contaminating food,
drink or food contact surfaces with pathogenic organisms, or transmitting
disease to other individuals, and no person known or suspected of
being infected with any such disease or condition shall be employed
in such an area or capacity. If the management of the establishment
has reason to suspect that any employee has contracted any disease
in a communicable form or has become a carrier of such disease, it
shall notify the local Director of Health immediately. When the local
Director of Health has reasonable cause to suspect the possibility
of disease transmission from any food service establishment employee,
the Director shall secure a morbidity history of the suspected employee,
or make such other investigation as may be indicated, and take appropriate
action. The Director of Health may require any or all of the following
measures:
A. The immediate exclusion of the employee from all food
service establishments.
B. The immediate closure of the food service establishment pursuant to §
304-5C of this chapter until, in the opinion of the Director of Health, no further danger of disease outbreak exists.
C. Restriction of the employee's services to some area
of the establishment where there would be no danger of transmitting
disease.
D. Adequate medical and laboratory examinations of the
employee or other employees and of his and their body discharges.
All food and drink in food service establishments
shall be from sources approved or considered satisfactory by the Director
of Health and shall be clean, wholesome, free from spoilage, free
from adulteration and misbranding and safe for human consumption.
Any food or drink considered unsafe for human consumption shall be
either summarily condemned or embargoed, sampled, destroyed, or disposed
of in a manner satisfactory to the Director of Health.
[Amended 8-5-2009]
Food from food service establishments outside
the jurisdiction of the Clinton Health Department may be sold within
the jurisdiction of the Health Department if such food service establishments
conform to the provisions of this chapter or to substantially equivalent
provisions. To determine the extent of compliance, reports from responsible
authorities in other jurisdictions where such food service establishments
are located should be submitted to the Director of Health of the Town
of Clinton.
Any person who shall violate any of the provisions
of this chapter and/or the Public Health Code of the State of Connecticut
shall be fined not more than $100 or imprisoned not more than three
months, or both.
Whenever it shall have been provided in this
chapter that there shall be notice by certified mail or notice in
writing, such notice shall be deemed to have been properly served
when such notice has been delivered personally to the person or persons
subject to the notice or his or their agent by any proper officer
or official authorized to deliver such notice within this state. Such
notice may also be delivered personally by the Director of Health
or a duly authorized agent thereof; provided, however, that the person
or persons subject to such notice, or his or their agent, acknowledge
receipt of said notice in writing. A copy of all notices sent or delivered
under this chapter shall be filed in the records of the enforcement
authority.