Town of Orange, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Orange as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-20-1993; amended in its entirety 3-14-2012]

§ 227-1 Purpose.

This article is to be in aid of enforcement of Section 19-13B42, Section 19-13-b48 and Section 19-13b49, inclusive, of the Public Health Code of the State of Connecticut and of any amendments thereof hereafter adopted, all of which deal with sanitation of restaurants, food operations and other places preparing and serving foods or beverages.

§ 227-2 Definitions.

As used in this article, the following terms shall have the meanings indicated:
FOOD OPERATIONS
Include but are not limited to itinerant vendors who transport food for the purpose of retail sale within the Town, temporary food service operations and caterers whose fixed base of operation is located within the Town's boundaries.
FOODS OR BEVERAGES
Potentially hazardous foods and drinks which consist in whole or in part of milk, milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
NOT-FOR-PROFIT ORGANIZATION
One whose net earnings do not inure in whole or in part, directly or indirectly, to the benefit of any private owner, shareholder, partner or member.
PUBLIC EVENT
One to which the general public is invited by advertisement or advertisements circulated or directed to the public at large and regardless of whether money is exchanged for food purchases.
RESTAURANT
A public eating place where food and beverages are handled, prepared, dispensed or served on the premises, including, but not limited to, a coffee shop, tea room, cafeteria, short-order cafe, tavern, luncheonette, hotel dining room, institutional kitchen, delicatessen and other similar eating and drinking establishments.
TEMPORARY FOOD SERVICE OPERATIONS
Include but are not limited to carnivals, fairs, festivals and public events where food and beverages are prepared and served at the event for not more than 14 consecutive days.

§ 227-3 License required.

No person, firm or corporation shall maintain or operate any restaurant, food operation or other place preparing and serving foods or beverages within the Town of Orange until licensed so to do under the provisions of this article.

§ 227-4 Application for license; fees.

A. 
Application for a license to maintain or operate a restaurant, food operation or other place preparing and serving foods or beverages shall be made to the Director of Health of the Town of Orange, or Sanitarian on forms furnished by the Town, and in it the applicant shall state his name, address, location of the restaurant, food operation or other place serving foods or beverages he intends to operate, and give such other pertinent information as the Director of Health may require.
B. 
Fees.
(1) 
At the time of filing such application, the applicant shall pay to the Town the following fees:
(a) 
Application fee: $10.
(b) 
Food service establishment license.
Type of Permit
Fee
Restaurants as classified by the Public Health Code
Class I
$75
Class II
$100
Class III
$175
Class IV
$225
Caterers and itinerant vendors
$100
Temporary food service operation:
Not-for-profit
$10
For-profit
$50
(2) 
The license fee for restaurants, caterers and itinerant vendors shall be for one year and shall be returned to the applicant if the license is not granted. All licenses shall be renewed on or before July 1 of each year by payment of the then-applicable license fee.
(3) 
The fee for a temporary food service operation shall be for the length of time of the temporary event. The fee shall be returned to the applicant if the license is not granted. The license fee shall be paid prior to the temporary event.

§ 227-5 Failure to comply.

Any restaurant, food operation or place preparing and serving foods or beverages in the Town of Orange which fails to comply with the provisions of the Public Health Code of the State of Connecticut or this article shall be declared to be a nuisance.

§ 227-6 Inspections; enforcement.

The Director of Health of the Town of Orange or the Sanitarian shall inspect the premises described in the application. If the premises are maintained and equipped in accordance with the applicable rules and regulations described in the Public Health Code and the applicant is otherwise in compliance with this article, the license shall be granted and it shall be signed by said Director of Health or Sanitarian. Such license must be framed and posted in a conspicuous location within easy reading distance of patrons within the licensed premises or principal location of the food operation. The Sanitarian shall inspect each restaurant, food operation or place preparing and serving foods or beverages the number of times prescribed by the Public Health Code. The Sanitarian shall make as many additional inspections and reinspections as are necessary for the enforcement of the Public Health Code of the State of Connecticut and this article. Inspection reports shall be recorded on forms supplied by the State Department of Health Services, and a copy of such forms shall be furnished to the owner or operator at the completion of the inspection. Enforcement of this article shall be in accordance with Section 19-13-B42(t), Section 19-13-B48(1) and Section 19-13-B49(u) of the Public Health Code except where herein noted. When a particular violation or group of violations of said Public Health Code appears on more than two consecutive inspection reports, the licensee may be cited to appear for a hearing before the Director of Health, who shall hear all facts pertaining to the matter and after such hearing shall have the power to revoke said license or to suspend it for such period as shall be deemed appropriate under the circumstances. There shall be no charge for the number of inspections prescribed by the Public Health Code as described in this section. A fee of $75 shall be charged for each additional inspection or reinspection beyond the number of inspections prescribed by the Public Health Code and shall be paid at the time of license renewal.

§ 227-7 Submission of plans.

Whenever a restaurant or catering establishment is to be constructed or remodeled, or whenever an existing structure is to be altered for use as a restaurant or catering establishment, properly prepared plans, drawn to scale, and specifications for such construction, remodeling or alteration shall be submitted to the Director of Health or Sanitarian for review and approval before such construction, remodeling or alteration is begun. No restaurant or catering establishment shall be constructed, remodeled, or altered except in accordance with plans and specifications approved by the Director of Health or Sanitarian; and no license shall be issued without said approval. The fee for a plan review shall be $100.

§ 227-8 Penalties for offenses.

Any person, firm or corporation maintaining or operating any restaurant, food operation, or place serving foods or beverages without being licensed under the provisions of this article shall be fined not more than $250. Each day of operation without a license shall constitute a separate violation. Violation of this article may subject said person, firm or corporation to the provisions of § 19a-206 of the Connecticut General Statutes.
[Adopted 4-20-1993; amended in its entirety 3-14-2012]

§ 227-9 Purpose.

This article is to be in aid of enforcement of Section 19-13-B40 of the Public Health Code of the State of Connecticut and of any amendments thereof hereafter adopted which deal with sanitation of foodstuffs.

§ 227-10 Applicability.

This article shall pertain to those persons, firms or corporations which sell, offer for sale or keep for sale at retail at a fixed location, any groceries, baking products, confectioneries, meats, fish, vegetables or fruits in the Town of Orange.

§ 227-11 Exceptions.

Excluded from this article are those establishments covered by the Town of Orange Ordinance Requiring Licensing of Places Serving Foods or Beverages Covered by State Public Health Code.[1]
[1]
Editor's Note: See Art. I of this chapter.

§ 227-12 License required.

No person, firm or corporation shall maintain or operate any establishment selling foodstuffs within the Town of Orange until licensed so to do under the provisions of this article.

§ 227-13 Application for license; fees.

Application for a license to maintain or operate an establishment selling foodstuffs shall be made to the Director of Health or Sanitarian on the forms furnished by the Town, and in it the applicant shall state his name, address, the address of his place of business, and give such other pertinent information as the Director of Health may require.
A. 
At the time of filing such application, the applicant shall pay to the Town the following fees:
(1) 
Application fee: $10.
(2) 
License fees.
Retail Floor Area
Fee
Up to and including 2,000 square feet
$150
2,001 square feet and over
$250
B. 
The fee shall be the license fee for one year and shall be returned to the applicant if a license is not granted. All licenses shall be renewed on or before July 1 of each year by payment of the then-applicable license fee.

§ 227-14 Failure to comply.

Any establishment to which this article applies which fails to comply with the provisions of Section 19-13-B40 of the Public Health Code of the State of Connecticut shall be declared to be a nuisance.

§ 227-15 Inspections.

The Director of Health of the Town of Orange or the Sanitarian shall inspect the premises described in the application and, if the same are maintained and equipped in accordance with Section 19-13-B40 of the Public Health Code of the State of Connecticut, shall grant the license, which shall be signed by said Director of Health or Sanitarian. Such license must be framed and posted in a conspicuous location within easy reading distance of patrons within the licensed premises. The Sanitarian shall inspect each food-handling establishment the number of times prescribed by the Public Health Code and shall make as many additional inspections and reinspections as are necessary for enforcement of that Code. Copies of inspection reports shall be furnished to the owner or operator at the completion of each inspection. When a particular violation or group of violations of Section 19-13-B40 of the Public Health Code appears on more than two consecutive inspection reports, the licensee of the establishment may be cited to appear for a hearing before the Director of Health of the Town, who shall hear all facts pertaining to the matter and after such hearing shall have the power to revoke said license or to suspend it for such period as shall be deemed appropriate under the circumstances.

§ 227-16 Inspection fees.

There shall be no charge for the number of inspections prescribed by the Public Health Code. A fee of $75 shall be charged for each additional inspection or reinspection beyond the number of inspections prescribed by the Public Health Code and shall be paid at the time of license renewal.

§ 227-17 Submission of plans.

Whenever a food-handling establishment is to be constructed or remodeled, or whenever an existing structure is to be altered for use as a food-handling establishment, properly prepared plans drawn to scale and specifications for such construction, remodeling, or alteration shall be submitted to the Director of Health or Sanitarian for review and approval before such construction, remodeling or alteration is begun. No food-handling establishment shall be constructed, remodeled, or altered except in accordance with plans and specifications approved by the Director of Health or Sanitarian; and no license shall be issued without said approval. The fee for a plan review shall be $100.

§ 227-18 Penalties for offenses.

Any person, firm or corporation operating an establishment selling foodstuffs without a license under the provisions of this article shall be fined not more than $250. Each day of operation without a license shall constitute a separate violation. Violation of this article may also subject said person, firm or corporation to the provisions of Section 19a-206 of the Connecticut General Statutes.