GENERAL REFERENCES
Health and sanitation — See Ch. 9.
[Ord. No. 79-6, § 2, 7-2-1979]
The following definitions shall apply in the interpretation and enforcement of this chapter:
APPROVED
Approved by the United States Department of Agriculture (USDA), the Food and Drug Administration (FDA), the state Department of Consumer Protection, or the local Director of Health.
CATERER
Any person who prepares food or beverages in bulk at one geographic location for service in individual portions at another location, or which involves the preparation and service of food on public or private premises not under the ownership or control of the operator. Such term shall include persons who operate vending machines which dispense food or beverages, but shall not include take-out restaurants.
FOOD SERVICE ESTABLISHMENT
Any place where food is processed, stored, prepared, or served, with or without charge, for consumption on or off the premises, including but not limited to restaurants, take-out restaurants, institutions, food stores, caterers, mobile vendors, temporary food service establishments, warehouses and food processing plants. This term does not include a private home where food is prepared for individual family consumption, and it does not include the location of food vending machines.
FOOD STORE
Includes, but is not limited to, grocery stores, supermarkets, butcher shops, bakeries, greengrocers, convenience stores, drug stores, and other establishments where raw or processed foods and beverages are sold to a consumer for preparation or consumption elsewhere, usually at home.
INSTITUTIONS
Includes, but is not limited to, nursing homes and industrial establishments.
MOBILE VENDOR
Any person who dispenses food or beverages from a truck, van, bus, car, push-cart, trailer, stand or similar conveyance without fixed location.
RESTAURANT
Includes but is not limited to, restaurants, cafes, delicatessens, cafeterias, luncheonettes, soda fountains, grilles, taverns, pubs, bars, and all other places dispensing food or beverages for immediate consumption, including take-out restaurants.
TAKE-OUT RESTAURANTS
Those establishments dispensing food or beverages for immediate consumption outside or elsewhere off the premises.
TEMPORARY FOOD SERVICE ESTABLISHMENT
Any person who dispenses food or beverages for a limited time period in conjunction with a fair, carnival, circus, auction, public exhibition, or similar gathering.
[Ord. No. 79-6, § 14, 7-2-1979]
(a) 
Whenever a food service establishment is constructed or remodeled, and whenever an existing structure is converted to use as a food service establishment, properly prepared plans and specifications for such construction, remodeling, or alteration shall be submitted to the Director of Health for review and approval 30 days prior to issuing a food service license or a building permit, and before construction, remodeling or alteration is begun.
(b) 
The plans and specifications shall indicate the proposed layout, arrangement, and construction materials of work areas, and the type and model of proposed fixed equipment and facilities.
(c) 
The Director of Health shall approve the plans and specifications if they meet the requirements of this chapter, the public health code of the state, and any other applicable statutes, ordinances, rules and regulations. No food service establishment shall be constructed, remodeled, or altered except in accordance with plans and specifications approved by the Director of Health.
[Ord. No. 79-6, § 3, 7-2-1979; Ord. No. 81-10, § 1, 6-15-1981]
(a) 
It shall be unlawful for any person to operate a food service establishment, including, but not limited to, a restaurant, take-out restaurant, food store, catering service, institution, mobile vendor, or temporary food service establishment, or to place mobile vending machines in the Town, who does not possess a valid permit from the Director of Health. Only persons who comply with the requirements of this chapter and the public health code of the state shall be entitled to receive or retain such a permit.
(b) 
The permit must be conspicuously posted in an area where it may be seen by the public.
(c) 
Permits are not transferable.
(d) 
Permits, other than temporary, shall be valid for a period of one year from the date of issue. Permits for temporary food service establishments shall be valid only for the period of the event for which they are issued, this period not to exceed 10 days.
(e) 
Fees shall be charged for all permits under this chapter for restaurants with an interior seating capacity of less than 100 persons; restaurants with an interior seating capacity of 100 persons or greater; take-out restaurants; mobile vendors; food stores; caterers; institutions; and temporary food service establishments at rates established by the Town Council and published in the official price guide.
(f) 
Nonprofit, tax exempt organizations, religious groups, service clubs and organizations are exempt from all fee charges listed under subsection (e).
[Ord. No. 79-6, § 5, 7-2-1979]
(a) 
Permits may be suspended if, in the opinion of the Director of Health, conditions exist which pose an immediate and substantial danger to the public health or safety. The Director of Health shall immediately issue a written notice to the permit holder or operator citing the reasons for the suspension, specifying the corrective action to be taken, and specifying the steps to be taken in order for the permit to be reinstated. Suspension is immediately effective upon service of the notice. When a permit is suspended, food service operations shall immediately cease.
(b) 
Permits may be revoked by order of the Director of Health for serious or repeated violations or any of the requirements of this chapter or the public health code of the state. Prior to revocation, written notice shall be issued to the permit holder or person in charge specifying the violation, the corrective action to be taken, and the time period for correction.
[Ord. No. 79-6, § 6, 7-2-1979]
Whenever an order is issued which indicates that a permit is to be suspended or revoked, the permit holder or person in charge may file a written appeal with the Town Manager within 48 hours of receipt of said order. If an appeal is filed, the Town Manager shall immediately examine into the merits of such suspension or revocation and may vacate, modify or affirm such suspension or revocation within 10 days of receiving the appeal notice. During the process of appeal, the permit shall remain suspended or revoked.
[Ord. No. 79-6, § 7, 7-2-1979]
(a) 
Permits which have been suspended under Section 7-4(a) shall be reinstated immediately after the conditions leading to the suspension have been abated as confirmed by a reinspection. The holder of the suspended permit must first make a written request to the Director of Health for reinstatement of the suspended permit. Once the written request has been received, the Director of Health shall, within 48 hours, conduct a reinspection. If the applicant is complying with the requirements of this chapter, the public health code of the state and any other applicable statutes, ordinances, rules, and regulations, the permit shall be reinstated.
(b) 
Permits which have been revoked under Section 7-4(b) shall be reinstated after receipt of a written signed application as per Section 7-3, payment of the annual fee, and a reinspection indicates that the establishment is in compliance with the requirements of this chapter. The reinspection shall be made within 10 days of receipt of the application.
[Ord. No. 79-6, § 8, 7-2-1979]
Facilities where food is stored, prepared, or served shall be properly designed, constructed, and maintained. Floors shall be durable and easily cleanable, and in areas where food is prepared or stored they shall be smooth, nonabsorbent and properly drained. Walls, ceilings, and attached equipment shall be easily cleanable and suitably protected in areas exposed to splash or spray. Such facilities shall be adequately lighted and ventilated, and shall be supplied with sufficient toilet and handwashing facilities. Sewage and wastewater disposal must be approved. Plans for facilities to be constructed or remodeled must be approved by the Town health department prior to the start of construction or remodeling as per Section 7-2.
[Ord. No. 79-6, § 9, 7-2-1979]
All equipment and utensils used in the storage, preparation, service or transportation of food and drink shall be designed for the purpose they are intended to serve, be free from fouling surfaces, and be easily cleanable, properly constructed of durable, nontoxic materials, and maintained in sound condition. Surfaces coming in contact with food or drink must be cleaned and sanitized after each use. All surfaces in areas where food is stored, prepared, or served shall be kept in a clean, sanitary condition.
[Ord. No. 79-6, § 10, 7-2-1979]
Food and drink, including water supplies and ice, must be from an approved source, wholesome, and not adulterated; and must be stored, prepared, and served in such a manner as to prevent contamination thereof and to prevent the growth of pathogenic microorganisms which may already be present.
[Ord. No. 79-6, § 11, 7-2-1979]
Employees must exhibit a high degree of personal hygiene at all times. Employees known or suspected of having a communicable disease or infected cuts or sores shall be barred from those portions of the establishment where food is stored, prepared, or served.
[Ord. No. 79-6, § 12, 7-2-1979]
Garbage, rubbish, and other wastes shall be so handled, stored, and disposed of so as not to attract insects, rodents or other vermin or otherwise constitute a nuisance. The premises shall be kept clear of litter or junk at all times.
[Ord. No. 79-6, § 13, 7-2-1979]
Only those toxic items which are necessary to clean and maintain equipment, utensils, or facilities shall be permitted. They shall be of approved types, and stored and used in such a manner as to prevent the contamination of any food or drink.
[Ord. No. 79-6, § 4, 7-2-1979]
(a) 
The Director of Health is hereby authorized to enter all regulated premises where food or drink is stored, prepared, or served to the public for the purpose of determining compliance with this chapter. As far as possible, inspections shall be made during regular business hours. If access is refused, the Director of Health shall not enter without first securing a search warrant. However, the Director of Health may, in addition, take such action as such Director deems necessary to protect the public health, including, but not limited to, suspension of the permit.
(b) 
One copy of the inspection report may be posted by the inspecting officer upon an inside wall of the establishment, and said inspection report shall not be defaced or removed by any person except the Director of Health. Another copy of the inspection report shall be filed with the records of the Director of Health.
[Ord. No. 79-6, § 16, 7-2-1979]
(a) 
The Director of Health may take samples of food and drink for the purpose of examination for its wholesomeness. Such samples shall be taken as often as is necessary for the enforcement of this chapter or the public health code of the state.
(b) 
The Director of Health may, upon written notice to the owner or person in charge specifying the reasons therefor, place a hold order on any food or beverage which such Director believes is unfit for human consumption. The Director of Health 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 a request for hearing may be filed with the Town Manager within 48 hours, and that if no hearing is requested, the food shall be destroyed. The Town Manager shall hold a hearing, if so 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 to bring it into compliance with the provisions of this chapter or the public health code of the state.
(c) 
The Director of Health may condemn and forbid the sale of, or cause to be removed or destroyed any food and drink which is adulterated or unwholesome. Any destruction of food shall take place under the supervision of the Director of Health who shall also be present during its disposal.
[Ord. No. 79-6, § 17, 7-2-1979]
As part of the requirements of this chapter, all establishments regulated hereunder must also comply with the applicable provisions of the public health code of the state and other applicable state or federal codes or regulations. In the event of a conflict between the requirements of this chapter and any other applicable code or regulation, that having the more stringent standards shall apply. Noncompliance with the provisions of applicable state or federal codes or regulations shall be deemed a violation of this chapter.