[HISTORY: Adopted by the Town of Clinton 2-8-1983. Amendments noted where applicable.]
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.
No individual, firm, partnership or corporation shall operate a food service establishment, as defined in § 304-1 of this chapter, within the jurisdiction of the Town of Clinton Health Department without a valid license issued by the Director of Health of the Town of Clinton. Only those individuals, firms, partnerships or corporations that comply with the requirements of this chapter and the Public Health Code of the State of Connecticut shall be entitled to receive such a license.
Licenses duly issued by the Director of Health of the Town of Clinton shall not be transferable and are only valid as to the original licensee.
A license duly issued by the Director of Health of the Town of Clinton shall be prominently and conspicuously displayed in or at every food service establishment.
Any individual or individuals desiring to operate a food service establishment shall make written application for a license to, and on forms provided by, the Director of Health of the Town of Clinton. Such application shall include the applicant's or applicants' names and addresses and whether the applicant or applicants will operate as a partnership or corporation, and if such applicant or applicants will operate as a partnership, the names and addresses of all partners; the location of the food service establishment; a description of the proposed operation; and the signature of the applicant or applicants. If the application is for a license to operate a temporary food service establishment, it shall also include the inclusive dates of proposed operation.
Upon receipt of an application for a license to operate a food service establishment, the Director of Health of the Town of Clinton, or his duly authorized agent, shall make an inspection of the proposed establishment to determine compliance with the provisions set forth in this chapter and the Public Health Code of the State of Connecticut. When inspection reveals that all such requirements have been met, a license shall be issued to the applicant or applicants by the Director of Health.
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.
Whenever the Director of Health of the Town of Clinton determines that the holder of a license issued under § 307-3 of this chapter has failed to comply with the provisions of this chapter and/or the Public Health Code of the State of Connecticut, said Director shall give notice by certified mail to the licensee of the facts or conduct not in compliance and of the institution of proceedings which could result in the suspension of said license. Such notice shall also state that the licensee shall have an opportunity to be heard at a hearing conducted by the Director of Health to determine whether such suspension should occur and to be scheduled at a place and time designated by the same, except that no hearing shall be so scheduled less than 14 days from the receipt by the licensee of such notice.
Notwithstanding the provisions of Subsection A of this section, no hearing shall take place and no suspension shall occur if the licensee receiving notice under Subsection A substantially corrects the conditions and/or conduct cited in said notice, as determined by the Director of Health, before the scheduled time said hearing is to take place. Such determination shall be made by the Director of Health upon a request in writing for inspection made by the licensee not less than three working days before said hearing is so scheduled to take place.
Notwithstanding the provisions of Subsection A of this section or any other provision of this chapter or of the Public Health Code of the State of Connecticut, if the Director of Health of the Town of Clinton finds unsanitary or other conditions in the operation of any food service establishment which, in said Director's judgment, constitute a substantial hazard to the public health, said Director may, without notice, issue a written order to the licensee indicating that all food service operations shall be discontinued pending a hearing. Such hearing shall be promptly scheduled at a time and place designated by the Director of Health, such time and place to be set forth in said order. Such order shall be served upon the licensee by certified mail and shall inform the licensee of the conditions complained of as well as of the opportunity of said licensee to be heard at the scheduled hearing. Until determined otherwise, whether at such hearing or as a result of a decision of the Director of Health to reinstate the suspended license under Subsection D of this section, said licensee shall comply with the order duly issued.
Any licensee whose license has been suspended may, at any time, make written application for a reinspection for the purpose of reinstatement of the license. Within 10 working days following receipt of such application, which application should include a statement signed by the applicant or applicants that, in their judgment, the conditions causing suspension of the license have been corrected, the Director of Health, or his authorized agent, shall make a reinspection. If the applicant or applicants are found to be in substantial compliance with the requirements of this chapter and/or the Public Health Code of the State of Connecticut, the suspended license shall be reinstated.
Any license issued under § 304-3 herein may be permanently revoked for serious and/or repeated violations of any of the provisions of this chapter and/or the Public Health Code of the State of Connecticut or for interference with the Director of Health of the Town of Clinton, or his authorized agent, in the performance of his duties. Prior to any such revocation, the Director of Health shall notify the licensee by certified mail of the institution of proceedings which could result in the revocation of said license and of the reasons for which said license is subject to revocation. Such notice shall also state that the licensee shall have the opportunity to be heard at a hearing promptly scheduled and conducted by the Director of Health to determine whether such revocation should occur and to be scheduled at a place and time designated by the same; provided, however, that such hearing shall be so scheduled within 10 working days of receipt of such notice by said licensee.
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.
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:
The immediate exclusion of the employee from all food service establishments.
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.
Restriction of the employee's services to some area of the establishment where there would be no danger of transmitting disease.
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.
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.