Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 9 of the prior Code. Amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 81.
Fire prevention — See Ch. 121.
Sewers — See Ch. 170.
Water — See Ch. 215.
As used in this chapter, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The State Board of Health and/or the Town Board of Health and the authorized representatives of each.
EATING AND COOKING UTENSILS
Includes any kitchenware, tableware, glassware, cutlery, utensils, containers, or other equipment with which food or drink comes in contact during storage, preparation, or serving.
EMPLOYEE
Any person who handles food or drink during preparation or serving, who comes in contact with any eating or cooking utensils, or who is employed at any time in a room in which food or drink is prepared or served.
INSPECTOR
Any authorized representative of the Board of Health appointed by the Town Clerk under authority of the Council, and assigned to the Board of Health.
ITINERANT RESTAURANT
A restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
PERMIT
The State Board of Health inspection sheet in the absence of any other certificate of inspection or operating approval.
RESTAURANT
Restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, drink stand, and all other public eating establishments where food is prepared, handled and served to the public at wholesale or retail for pay, as well as kitchens and other places in which food is handled or prepared for sale elsewhere to the public.
No person shall operate a restaurant within the Town who does not possess a valid, unrevoked permit from the Board of Health.
A. 
No permit to operate a restaurant shall be issued until a sanitary inspection by a representative of the Board of Health shows that the restaurant complied with the rules and regulations of this chapter.
B. 
Application for such inspection shall be made, in writing, by the person submitting the application.
All permits shall be posted in a conspicuous place in the restaurant.
The Board of Health shall issue approved restaurant or approved soda fountain signs at those places which shall receive a sanitary rating of at least 80%. Such signs shall be displayed at all times in a conspicuous place approved by the inspector and may be removed at any time when the sanitary rating falls below 80%.
A. 
Violations of any of the rules and regulations of this chapter, or failure to receive a sanitary rating of at least 80% on the score card, which shall form a part of these regulations, shall be sufficient cause for revoking the permit.
B. 
No permit to operate shall be issued or reissued until the restaurant has been inspected or reinspected, and approved by a representative of the Board of Health.
C. 
In the case of restaurants that are closed, or have a rating of less than 80%, an examination or survey shall be made upon a written request of the proprietor or manager of the restaurant at the earliest convenience of the inspector to consider the issuance or reissuance of a permit.
Samples of food and drink may be taken and examined by the Board of Health as often as it deems necessary for the detection of unwholesomeness or adulteration. The Board of Health may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which it deems unwholesome or adulterated.
No person shall sell or distribute for human consumption, or have in possession for sale or distribution for human consumption, any raw or unpasteurized milk whatsoever.
A. 
Any person who shall violate the provisions of this chapter shall be fined not less than $20 nor more than $200.
B. 
For the purpose of this chapter, each day that a violation continues shall be deemed to be a separate offense.
C. 
The application of any penalty set forth herein shall not be held to prevent the enforced removal of any prohibited condition.
The granting of permits or of approved signs shall be based upon compliance with the standards of construction and operation set forth in this chapter
The floors of all rooms in which food is stored, prepared, or served, or in which utensils are washed, shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.
Walls and ceilings of all rooms in which food is stored, prepared, or served shall be kept clean and in good repair. All walls and ceilings of rooms in which food is stored or prepared shall be finished in light color. The walls of all rooms in which food is prepared or utensils are washed shall have a smooth, washable surface.
When flies and/or other flying insects are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of such flies and insects.
All rooms in which food is stored, prepared, or served and in which utensils are washed shall be well lighted.
All rooms in which food is stored, prepared, or served and in which utensils are washed shall be well ventilated.
Every restaurant shall be provided with adequate toilet facilities conveniently located, readily accessible at all business hours, and conforming with the rules and regulations of the Board of Health. In restaurants hereafter constructed, toilet rooms shall not open directly into any kitchen, pantry or into any room in which utensils are washed or stored. The area of intervening rooms shall be not less than 18 square feet, and those rooms shall be constructed and maintained in a manner comparable to the toilet rooms. The toilet facilities must be connected with the sanitary sewage system of the Town. The doors of all toilet rooms shall be self-closing. Toilet rooms and fixtures shall be kept in a clean condition, in good repair, the rooms well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees.
No person shall operate or maintain in the Town any establishment for the dispensing of food or drink to the general public unless such establishment shall have an adequate supply of sanitary water approved by the Board of Health. Municipal water shall be used in all cases where available. No water shall be obtained from any other than the municipal source except upon written permission by the Board of Health of the Town.
Facilities for the dispensing of drinking water shall be of a design approved by the Board of Health. If water-cooling equipment is installed, it shall be of a type in which ice does not come in contact with water. Common dippers or common drinking glasses or cups shall not be used.
Ice which is to be used in fountain drinks, iced water, tea, and coffee, or in connection with the chilling or serving of salads, vegetables or cocktails, shall be stored and handled in a sanitary manner.
Adequate and convenient hand-washing facilities, including warm water, soap, and approved sanitary towels, shall be provided. No employee shall resume work after using the toilet room without first washing his/her hands.
All eating and cooking utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned, and shall be kept in good repair.
Cupboards and other storage spaces shall be kept clean, and free from offensive or musty odors. The contents shall be neatly arranged.
A. 
All equipment, including display cases, or windows, counters, shelves, tables, refrigerators, stoves, hoods, and sinks, shall be kept clean and free from dust, dirt, insects, and other contaminating materials. All clothes used by waiters, chefs, and other employees shall be clean. Single-service containers shall be used only once.
B. 
All dishes, knives, forks, spoons, drinking glasses, cups, and other eating and drinking utensils shall be thoroughly washed and subjected to an approved antibactericidal process after each usage. All multiuse utensils, such as mixing bowls, cream pumps, stock posts, and other utensils used in the preparation, cooking, or serving of food and drink, shall be thoroughly cleaned and subjected to an approved bactericidal process immediately after the day's operation. Drying clothes, if used, shall be kept clean and shall be used for no other purpose.
C. 
The means of dish washing shall consist of approved dish-washing machines or a double-vat sink of impervious material connected directly to a sewer or other approved sewage disposal system, in accordance with the rules and regulations of the Board of Health. All new construction or reconstruction shall provide a three-compartment vat sink in lieu of the double vat mentioned above. An approved means of heating an ample supply of running water shall be installed, and connections shall be made so that each vat may receive hot and cold water under pressure. Where single-service utensils are used exclusively, a one-compartment sink may be accepted.
After antibactericidal treatment, no utensils shall be stored except in a clean, dry place protected from flies, dust or other contamination. No utensils shall be handled except in such manner as to prevent contamination, as far as practicable. Single-service utensils shall be purchased only in sanitary container, and shall be stored therein in a clean, dry place until used.
All waste shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance.
All readily perishable food or drink shall be kept at or below 50° F., except when being prepared or served. Wastewater from refrigeration equipment shall discharge into an open sink or drain, properly trapped and sewer or into watertight drip pans.
Milk must be sold in the original containers from a dairy, milk plant, or pasteurizing plant duly licensed. Milk or milk products shall be stored in a sanitary manner and shall be kept in a refrigerator, except when being served. Bottles shall not be completely submerged in water.
All food shall be wholesome and free from spoilage. Food that is spoiled or unfit for human consumption shall not be kept on the premises.
Any restaurant serving oysters, clams, or crab meat shall secure such shellfish from establishments approved by the State Board of Health or the United States Public Health Service.
Portions of food once served to customers shall not be served again.
All food shall be so stored, handled and displayed as to be protected from dust, flies, vermin, handling, droplet infection, overhead leakage, and other contamination. No animals or fowl shall be kept or allowed in any room in which food is prepared, stored, or served. All means necessary for the elimination of flies, rats, and roaches shall be used.
A. 
Notices shall be sent to the Board of Health immediately by the restaurant owner, manager and employee concerned if he or she or any employee contracts any infectious, contagious, or communicable disease, or has a fever, a skin eruption, a cough lasting more than three days, or any other suspicious symptom. It shall be the duty of such employee to notify the restaurant manager immediately when any such conditions exists, and if neither the owner, manager nor the employee concerned notified the Board of Health immediately, they shall be held jointly and severally to have violated this section. A sign containing this section shall be posted in all toilet rooms.
B. 
All prospective employees of restaurants shall, before being employed, submit to a blood test and to an X-ray of the chest. The X-ray and the blood test shall have been conducted two weeks prior to hiring the employee. The X-ray cards of all employees shall be available at all times for inspection by the Board of Health, Town Clerk and/or the authorized inspector.
When suspicion arises as to the possibility of transmission of infection from any restaurant employee, the Board of Health is authorized to require any or all the following measures:
A. 
The immediate exclusion of the employee from all restaurants;
B. 
The immediate closing of the restaurant concerned until no further danger of disease outbreak exists;
C. 
Adequate medical examinations of the employee and his associates, with such laboratory examinations as may be indicated.
All employees shall wear clean outer garments, and shall keep their hands clean at all times while handling food, drink, utensils or equipment.
Waste material, obsolete and unnecessary articles, tin cans, rubbish and other litter shall not be permitted to accumulate on the premises of the restaurant. Cisterns or other receptacles containing standing water shall be kept tightly covered or screened. There shall be no fly and mosquito breeding places, nor rat harborage, hog pens, or undrained areas on the premises. The surroundings of all restaurants shall be maintained in a neat, orderly and sanitary condition.
None of the activities connected with the operation of a restaurant shall be conducted in any room used as living or sleeping quarters.
Soiled linens, coats, and aprons shall be kept in containers provided for this purpose.
No article, polish, or substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of eating or cooking utensils.