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Town of New Milford, CT
Litchfield County
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Table of Contents
Table of Contents
[Ord. of 3-12-1990, § I; Ord. of 6-9-2007]
As used in this chapter, the following terms shall have the meanings indicated:
Authorized agent
means the Sanitarian of the Town of New Milford.
Director of Health
means the Director of Health of the Town of New Milford.
Food
means any raw, cooked or processed edible substance, ice, beverage or ingredient used or intended for use or for sale, in whole or in part, for human consumption.
Food service establishment
means any place where food or beverage is prepared or served, with or without charge, for consumption on or off the premises, including but not limited to restaurants, industrial feeding establishments, commissaries, catering establishments or any eating place, whether fixed or mobile. The term does not include a private home where food is prepared for individual family consumption, it does not include social gatherings at a private home or homes where food is prepared by individual families for group consumption, and it does not include the location of food vending machines. The term also does not include nonprofit organizations, social or church events, including but not limited to pot luck suppers, church suppers, pancake breakfasts or bake sales.
Owner
shall mean any individual, corporation, partnership, organization, association or other entity of any kind and includes the plural.
Temporary food service establishment
means a food establishment with an operational duration of two weeks or less. Temporary food service establishments may request one or more license renewals after the initial license renewal during a year.
[Ord. of 3-12-1990, § II]
It shall be unlawful for any owner to operate a food service establishment or offer the services of a food service establishment within the Town of New Milford without a valid license issued to him by the Director of Health. Only an owner 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 establishment, in a conspicuous public location, plainly visible to the patrons of the establishment and protected from defacement or damage at all times.
[1]
Editor's Note: See also Ch. 15, Peddlers, Hawkers and Vendors.
[Ord. of 3-12-1990, § III]
Any owner desiring to operate a food service establishment shall, at least 10 working days prior to the opening of a new food service establishment or at least 10 working days prior to the expiration of an existing license or at least 10 working days prior to a change of ownership, make written application for a license on forms provided by the Director of Health. The application shall be accompanied by the appropriate fee as set forth in § 6C-5 of this chapter.
(a) 
In case of new construction, remodeling or conversion, such application shall be accompanied by properly prepared plans as required by § 6C-11 of this chapter and shall be submitted no later than the same date as the application for a building permit for such new construction, remodeling or conversion is submitted to the Building Official.[1]
[1]
Editor's Note: For building permit fees, see § 5-2 of this Code.
(b) 
Such applications shall include, but not be limited to, the name and address of the owner, the name and address of the person responsible for the operation of the food service establishment, the type and location of the food service establishment and the signature of each owner or authorized representative. If the application is for a temporary food service establishment, it shall also include the dates of the proposed operation.
(c) 
Prior to the issuance of final approval of a license, the Director of Health or his authorized agent, who shall be a certified food service sanitation officer, shall inspect the food service establishment to determine compliance with the provisions of this chapter and the Public Health Code of the State of Connecticut.
(d) 
The Director of Health shall issue a license to the applicant if the inspection reveals that the food service establishment complies with the requirements of this chapter and the Public Health Code of the State of Connecticut.
[Ord. of 3-12-1990, § IV]
The Director of Health or his authorized agent, after proper identification, shall be permitted to enter, at any reasonable time, any food service establishment for the purpose of making inspections, as deemed necessary by the Director of Health or his authorized agent, to determine compliance with this chapter and the Public Health Code of the State of Connecticut.
[Ord. of 3-12-1990, § V; Ord. of 10-29-2002; Ord. of 6-9-2007; Ord. of 9-11-2017]
Fees shall be as follows; the class of an establishment shall be as defined in the Connecticut Public Health Code, Section 19-13-B42(s)(3).
(a) 
Establishments that are defined as Class I or Class II: $125.
(b) 
Establishments that are defined as Class III or Class IV: $250.
(c) 
Itinerant vendors: $125.
(d) 
Temporary license (not to exceed 14 days): $50.
(e) 
Renewal of temporary license in same year for operations defined as Class I or Class II: $10.
(f) 
Renewal of temporary license in same year for operations defined as Class III or Class IV: $20.
(g) 
Municipally or state-owned establishments or those operated for fund-raising purposes by a civic or nonprofit organization solely organized and existing to provide a community service or to provide direct financial support for a community service: There will be no fee.
(h) 
Inspection fee for reinspection when required by law: $100.
[Ord. of 3-12-1990, § VI]
All licenses shall expire one year after the date of issuance and may be renewed for another year upon application, inspection and payment of the annual fee, provided that the food service establishment is in compliance with this chapter, the Public Health Code and any other applicable statutes, ordinances or rules and regulations.
[Ord. of 3-12-1990, § VII]
(a) 
The Director of Health may 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 finds unsanitary or other conditions in the operation of a food service establishment which, in his judgment, constitute an immediate and substantial hazard to public health, he or she may immediately issue a written notice to the license holder or person in charge, citing such conditions, specifying the time period within which such action shall be taken and, if deemed necessary, order immediate correction. The notice shall also state that the license shall be suspended if correction is not made within the specified time period and shall state the date upon which the suspension shall become effective. If correction is not made in the stated time the license shall be suspended. 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 after the making of such order, appeal to the Commissioner of Health of the State of Connecticut pursuant to Section 19a-229 of the Connecticut General Statutes. Said Commissioner shall thereupon immediately notify the Director of Health and examine into the merits of such case, and may vacate, modify or affirm such order. A notice issued pursuant to Subsection (a) of this section shall advise the license holder or person in charge of such right to appeal a suspension order.
(c) 
During the process of any appeal, the licenses shall remain suspended.
[Ord. of 3-12-1990, § VIII]
(a) 
The Director of Health may 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 or agents in the performance of their duties. Prior to revocation, the Director of Health shall notify the license holder or person in charge of the food service establishment, in writing, of the reasons for which the license is subject to revocation. The notice shall state that the license shall be revoked at the end of 14 days following the service of the notice, unless a written request for a hearing is filed with the Director of Health by the license holder within 48 business hours after the notice is served. If such a request is filed, the Director of Health shall hold a hearing to examine into the merits of the case within seven days after the request is filed. At such hearing the license holder shall be allowed to introduce evidence and cross-examine adverse witnesses. At the end of such hearing, the Director of Health shall vacate, affirm or modify such revocation. If the revocation is affirmed, the effective date of revocation shall remain 14 days following service of the original notice of revocation. If the revocation is modified, the effective date of the revocation shall be 14 days from the date of the modification order, and the Director of Health shall notify the license holder of such new effective date at the end of said hearing.
(b) 
Within 48 hours after the effective date of the revocation, the license holder or person in charge may appeal to the Commissioner of Health of the State of Connecticut pursuant to Section 19a-229 of the Connecticut General Statutes. Said Commissioner shall thereupon immediately notify the Director of Health and examine into the merits of such case and may vacate, modify or affirm such order.
(c) 
During the process of appeal under Subsection (b), the license shall remain revoked.
[Ord. of 3-12-1990, § IX]
A notice provided for in this chapter is properly served when it is delivered to the license holder or person in charge of the food service establishment or when it is sent by registered or certified mail, return receipt requested, to the last known address of the license holder. A copy of any notice shall be filed in the records of the Director of Health.
[Ord. of 3-12-1990, § X]
(a) 
Suspension. Whenever a license has been suspended, the holder of the suspended license, whether there is an appeal pending or not, may make a written application for reinstatement of the suspended license. Such application shall include a statement signed by the applicant setting forth the steps taken by the applicant to eliminate the conditions causing the suspension, and stating that, in his opinion, the conditions causing the suspension have been corrected. Within 10 days following receipt of such application, the Director of Health, or his authorized agent, shall make a reinspection. If the applicant is in compliance with the requirements of this chapter, the Public Health Code of the State of Connecticut and any other applicable statutes, ordinances or rules and regulations, the license shall be reinstated.
(b) 
Revocation. Whenever a license has been revoked, the holder of the revoked license, after a period of 10 days from the date of revocation, may make a written application for reinstatement of a license, whether or not an appeal is pending. Such application shall contain all information required by § 6C-3 of this chapter and shall be accompanied by payment of the annual fee for such establishment. Such application also shall include a statement signed by the applicant, setting forth the steps taken by the applicant to eliminate the conditions causing the revocation and stating that, in his opinion, the conditions causing the revocation have been corrected. Within 10 days following receipt of such application, the Director of Health or his authorized agent, shall make a reinspection. If the applicant is in compliance with the requirements of this chapter, the Public Health Code of the State of Connecticut and any other applicable statutes, rules or regulations, the license shall be reinstated, upon payment of the fee.
[Ord. of 3-12-1990, § XI]
Whenever a food service establishment is constructed or remodeled and whenever an existing structure is converted to use as a food service establishment, whether temporary or permanent, properly prepared plans showing, in particular, sinks, counters and food preparation areas and specifications for construction, remodeling or alteration of the same shall be submitted to the Director of Health or his authorized agent for review and approval before construction, remodeling or alteration is begun. The plans and specifications shall include but not be limited to the proposed layout, arrangement and construction materials of work areas and food preparation areas, and a statement of the type and model of proposed fixed equipment and facilities shall be provided along with the plans. The Director of Health or his authorized agent shall approve such plans and specifications if they meet the requirements of this chapter and the Public Health Code of the State of Connecticut.
[Ord. of 3-12-1990, § XII]
Whenever plans and specifications are required by § 6C-11 of this chapter to be submitted to the Director of Health or his authorized agent, the Director of Health shall inspect the food service establishment before it begins operation to determine whether it complies with the approved plans and specifications and with the requirements of this chapter and the Public Health Code of the State of Connecticut.
[Ord. of 3-12-1990, § XIII]
Food may be examined or sampled by the Director of Health or his 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 may, upon written notice to the owner or person in charge specifying with particularity the reasons therefor, place a hold order on any food or beverage which he believes is unfit for human consumption. The Director of Health or his 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 moved 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 which case immediate destruction shall be ordered and accomplished. The hold order shall state that an appeal may be filed with the Commissioner of Health of the State of Connecticut within 48 hours after the order is served and that if no appeal is so filed, the food shall be destroyed. The Commissioner of Health of the State of Connecticut shall hear such appeal, if so requested, and, on the basis of evidence produced at the hearing, the hold order may be vacated or modified, or the owner or person in charge of the food may be directed, by written order, to denature or destroy such food or to bring it into compliance with the provisions of this chapter or the Public Health Code of the State of Connecticut.
[Ord. of 3-12-1990, § XVI]
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. In addition thereto, such person may be enjoined from continuing such violation. Each day upon which such a violation occurs shall constitute a separate violation.