[HISTORY: Adopted by the Town Council of the Town of Cumberland 6-18-2012.[1] Amendments noted where applicable.]
[1]
Editor's Note: This chapter also repealed former Ch. 289, Victualers, adopted July 1979, as amended.
The following definitions shall apply to the interpretation and enforcement of this chapter:
TEMPORARY VENDING UNIT
Any temporary victualer that prepares or dispenses food for consumption by the public that operates at a fixed location for a period of time in conjunction with an event or celebration.
TEMPORARY VICTUALER
Any nonprofit or civic group that operates any temporary vending unit, but specifically shall not include the operation of a farm stand selling home-grown produce or the sale of food or drink from a temporary sidewalk stand operated by minors immediately adjacent to their residence.
It shall be unlawful for any person who does not possess a temporary victualer's license granted by the municipal officers and issued by the Town Clerk to operate any temporary vending in the Town of Cumberland. Applications for such license shall be procured from the Town Clerk, completed and signed by the applicant and filed with the Town Clerk for submission to the municipal officers, and shall bear the recommendation of the Health Officer as to the approval or disapproval of the granting of the license. The Town Council may also request a recommendation from the Fire Chief, Building Inspector, and Police Chief if deemed necessary. All licenses shall expire on the last day of June.
Where applicable, all temporary vending units must comply with all the Town and state ordinances, laws and regulations as to the building, exit and plumbing codes and regulations, 101 Life Safety Code, and the State of Maine Rules relating to eating and lodging places, and all licensees must fully comply with the following items as to safety and sanitation.
A. 
All rooms in which food and drink are prepared or in which utensils are washed shall be well lighted and ventilated.
B. 
All walls, floors and ceilings shall be kept clean and in good repair.
C. 
When flies 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 flies.
D. 
There shall be at least one toilet and sink with hand soap, and with a self-closing door, on the premises of all restaurants which provide facilities to consume food or alcoholic beverages on the premises, or when eight or more persons are employed at any one time there shall be provided at least one toilet and sink for each sex. All toilet rooms shall be kept in clean condition, in good repair, well lighted and ventilated.
E. 
All equipment and utensils, including display cases, windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be clean and free from dust, dirt, insects and other contaminating material.
F. 
All multi-use utensils used in the preparation or serving of food or drink shall be thoroughly cleaned and subjected to an approved bactericidal process after each usage and shall be stored in a clean, dry place protected from flies, dust and other contamination as far as practicable.
G. 
All garbage and trash shall be kept in suitable covered receptacles until property disposed of.
H. 
All food and drink shall be clean, free from spoilage and so prepared as to be safe for human consumption and shall be stored as to be protected from dust, flies, vermin, rodents and other contamination and at a temperature appropriate to good food-handling practices.
I. 
Adequate and convenient hand-washing facilities shall be provided, including hot and cold water, soap and clean towels where any food is prepared. No employee shall resume work after using the toilet room without first washing his/her hands.
J. 
All employees shall wear clean garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment.
K. 
The premises shall be kept clean and free from litter and rubbish.
L. 
No person who is infected with any disease in a communicable form or is a carrier of such disease shall work in any licensed premises or be employed by any licensee. If the licensee or manager suspects that any employee is infected with any such disease or is a carrier thereof, he/she shall immediately notify the Health Officer.
M. 
When the Health Officer has cause to believe that the possibility of transmission of infection from any such employee exists, the Health Officer is authorized to require any or all of the following:
(1) 
The immediate exclusion of the employee from all restaurants.
(2) 
The immediate closing of the premises concerned until no further danger of disease outbreak exists.
(3) 
Adequate medical examinations of the employee and his/her associates with such laboratory examinations as may be required by the Health Officer after consultation.
N. 
The temperature of all vending machines offering hot potentially hazardous foods shall be kept at 140° F. or above.
O. 
The temperature of all vending machines offering cold potentially hazardous foods shall be kept at 45° F or below.
At least once every 12 months, the Health Officer or other authorized representatives shall inspect every temporary vending unit located within the Town of Cumberland. In case they discover the violation of any item of safety or sanitation, they shall notify the licensee in writing of same and shall make a second inspection after the lapse of such time as they deem necessary for the defect to be remedied. If, after the second inspection, the violation is not remedied, a reinspection fee shall be charged. Any violation of the same item of this chapter on such second inspection shall call for an immediate suspension of the license. The person operating the temporary vending unit shall, upon the request of the Health Officer or his or her authorized representatives, permit access to all parts of premises for such inspections and shall permit copying of any and all records of food purchased. If the Health Officer or authorized representative deems it necessary, an inspection can be conducted at any time during regular business hours.
The municipal officers may suspend or revoke a license under this chapter for serious or repeated violations of the terms of the chapter if the municipal officers determine that the licensee is unfit to hold a license. Such suspension or revocation may occur only after an investigation and hearing by the municipal officers, notice of such hearing being served upon such licensee or left at the licensee's premises at least three days before the time set for said hearing.
A. 
The licensee may at any time after said suspension make application in writing for reinstatement of said license to the municipal officers who have suspended said license representing that the condition for which the suspension was imposed has been corrected. The Health Officer shall, within three working days after the receipt of said application, make a reinspection of said premises. If the municipal officers find based upon the report of reinspection that said licensee is again complying with the terms of this chapter, reinstatement of the license will be placed on the agenda of the next available meeting for consideration.
B. 
Should the Health Officer fail to find the condition corrected to his/her satisfaction, the officer may make reinspections at such future times as he/she may deem reasonable. In the event said licensee does not satisfactorily comply with the requirements of the officer after such suspension or if said officer does not reinspect as stated above, either party may apply to the municipal officers for a hearing in the manner provided above, and the municipal officers shall conduct said hearing and thereafter revoke, indefinitely suspend or reinstate said license. An expedited hearing may be held at the written request of the licensee if the Council, in its sole discretion, so decides. Repeated incidents of such suspensions shall be considered a valid reason for revocation of said license.
Any person who violates any provision of the chapter shall be subject to a fine of $50 for each day of violation, and each and every violation of the provisions of this chapter shall constitute a separate offense.
All prior ordinances, rules and regulations pertaining to victualers' licenses are hereby repealed; however, all outstanding victualers' licenses shall remain valid until their expiration date, but subject to the suspension and revocation provisions of this chapter for failure to comply with the health and safety provision and also subject to the penalty provisions herein set forth.