[HISTORY: Adopted by the Town Council of the Town of Tolland 2-13-1996.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 53.
[1]
Editor's Note: This resolution also supersedes former Ch. 90,
Food Establishments, adopted 10-25-1988 as Ord. No. 33.
This chapter is enacted pursuant to the provisions of Section 7-194
of the Connecticut General Statutes.
As used in this chapter, the following terms shall have the meanings
indicated:
Any fixed or mobile restaurant, industrial feeding establishment,
catering kitchen, commissary, food vending machine location or similar place
where food or drink is prepared for sale or for service on the premises or
elsewhere more than twice a year.
No person shall operate a food service establishment who does not have
a valid license issued to them by the Director of Health. Only a person who
complies with the requirements of this chapter and the Public Health Code
of the State of Connecticut shall be entitled to receive or retain such a
license. Licenses are not transferable. A valid license shall be posted in
every food service establishment.
A.
The annual fee for such license shall be established
from time to time by resolution of the Town Council. Each license shall state
the name, the type of business, the business address and the residence of
the licensee.
B.
The provisions of this section shall not apply to fixed
and mobile nonresident establishments and caterers delivering food and/or
drink to private homes in Tolland, provided that they have a valid food service
license issued by the Director of Health for the Town in which the business
is based. The license shall be made available upon request or be prominently
displayed.
A.
Any person desiring to operate a food service establishment
shall make written application for a license on forms provided by the Director
of Health. Such application shall include the name and address of the owner
of the establishment, the location and type of the proposed food service establishment
and the signature of each owner.
B.
Prior to issuing a license, the Director of Health or
his/her authorized agent shall inspect the proposed food service establishment
to determine compliance with the provisions of this chapter and the Public
Health Code of the State of Connecticut.
C.
The Director of Health shall issue a license to the applicant
if the inspection reveals that the proposed food service establishment complies
with the requirements of this chapter and the Public Health Code of the State
of Connecticut.
All licenses shall expire annually on March 31 and be reviewed for another
year upon application and payment of the annual fee.
A.
The Director of Health shall suspend any license to operate
a food service establishment if the license holder does not comply with the
requirements of this chapter or the Public Health Code of the State of Connecticut.
If the Director of Health or his/her authorized agent finds unsanitary or
other conditions in the operation of a food service establishment which in
his/her judgment constitutes a substantial hazard to public health, he/she
shall immediately notify the license holder or operator, citing such conditions
and specifying the corrective action to be taken and the time period within
which such action shall be taken. If deemed necessary, he/she shall order
immediate correction. If the correction is not made in the stated time, the
license shall be suspended. Suspension is effective upon service of a notice
as stated in this chapter. When a license is suspended, food service operations
shall immediately cease.
B.
Whenever a license is suspended, the license holder or
person in charge may, within 48 hours, file a written appeal with the Director
of Health. If no appeal is filed within 48 hours, the suspension becomes final.
If an appeal is filed, the Director of Health shall thereupon immediately
examine the merits of such suspension and may vacate or affirm such suspension.
The Director of Health may, after providing opportunity for an appeal,
revoke a license for serious or repeated violations of any of the requirements
of this chapter or the Public Health Code of the State of Connecticut or for
interference with the Director of Health or his authorized agent in the performance
of their duties. Prior to revocation, the Director of Health shall notify
the license holder or person in charge, in writing, of the reasons for which
the license is subject to revocation and that the license shall be revoked
at the end of 14 days following service of such notice unless an appeal is
filed with the Director of Health by the license holder within 48 hours. If
no request for appeal is filed within 48 hours, the revocation of the license
becomes final. If any appeal is filed, the Director of Health shall thereupon
immediately examine the merits of such revocation and may vacate or affirm
such revocation.
A notice as provided for herein is deemed to be properly served when
it is delivered to the license holder or person in charge or when it is sent
by registered or certified mail, return receipt requested, to the address
shown on the last completed application of the license holder. A copy of any
notice shall be filed in the records of the Director of Health.
A.
Suspension. Whenever a license has been suspended, the
holder of the suspended license may make a written request for reinstatement
of the suspended license. Within 10 days following receipt of a written request,
including a statement signed by the applicant that in his opinion the conditions
causing the suspension have been corrected, the Director of Health or his/her
authorized agent shall make a reinspection. If the applicant is complying
with the requirements of this chapter and the Public Health Code, the license
shall be reinstated.
Whenever a food service establishment is constructed or remodeled and
whenever an existing structure is converted to use as a food service establishment,
plans or blueprints drawn to a scale of [one-fourth (1/4) inch equals one
foot] and specifications for such construction, remodeling or alteration from
an architectural or a Food Service Consultant shall be submitted to the Director
of Health or his/her authorized agent for review and approval before construction,
remodeling or alteration is begun. The plans and specifications shall indicate
the proposed floor plan and layout, construction materials of work areas and
the type and model of proposed fixed equipment. The Director of Health or
his/her authorized agent shall review the plans, and specifications to see
if they meet the requirements of this chapter and the Public Health Code of
the State of Connecticut. No food service establishment shall be constructed,
remodeled or altered except in accordance with plans and specifications approved
by the Director of Health or his/her authorized agent.
Whenever plans and specifications are required by § 90-11 of this chapter, the Director of Health or his/her authorized agent shall inspect the food service establishment prior to commencing operations. The Director of Health or his/her authorized agent shall determine compliance with the approved plans, specifications and requirements of the Public Health Code of the State of Connecticut and this chapter.
Food samples may be analyzed by the Director of Health or his/her authorized
agent as often as necessary for enforcement of this chapter or the Public
Health Code of the State of Connecticut. The Director of Health or his/her
authorized agent shall notify the owner or person in charge specifying the
reasons to place a hold order on any food or beverage which he/she believes
is unfit for human consumption. The Director of Health or his/her authorized
agent shall tag, label or otherwise identify any food subject to the hold
order. No food subject to a hold order shall be used, served or removed from
the establishment. The Director of Health shall permit storage of the food
under conditions specified in the hold order, unless storage is not possible
without risk to the public health. In such a case, immediate destruction shall
be ordered and accomplished. The hold order shall state that a request for
hearing may be filed with the Director of Health within 48 hours and that
if no hearing is requested, the food shall be destroyed. The Director of Health
shall hold a hearing, if requested and on the basis of evidence produced at
that hearing, the hold order may be vacated or the owner or person in charge
of the food may be directed, by written order, to denature or destroy such
food or bring it into compliance with the provisions of this chapter or the
Public Health Code of the State of Connecticut. The requested hearing must
take place within 24 hours from issuance of the hold order.
Food prepared by food service establishments located outside the jurisdiction
of the Director of Health of the Town of Tolland may be sold within the Town
of Tolland if such food service establishments conform to the provisions of
this chapter. To determine the extent of compliance with such provisions,
the Director of Health may accept reports from responsible authorities in
other jurisdictions where such food service establishments are located.
Any person who violates any of the provisions of this chapter and/or
the Public Health Code of the State of Connecticut shall be guilty of an infraction
and, upon conviction thereof, shall be punished by a fine of not more than
$100. Each day of the violation thereof shall be deemed a separate offense.
In addition thereto, such persons may be enjoined from continuing such violations.
If criminal prosecution is the result of noncompliance of any of the provisions
of this chapter, the defendant shall be subject to the Town of Tolland costs,
together with reasonable attorney's fees.
