[Ord. of 12-20-1994]
When used in this article, means any place where food is
prepared and intended for individual portion service, and includes
the site at which individual portions are provided. The term includes
any such place regardless of whether consumption is on or off the
premises and regardless of whether there is a charge for the food.
The term also includes delicatessen-type operations that prepare sandwiches
intended for individual portion service. The term does not include
private homes where food is prepared or served and not offered for
sale.
[Ord. of 12-20-1994]
Whenever a food service establishment is constructed [or] remodeled,
and whenever an existing structure is converted to use as a food service
establishment, plans and specifications shall be submitted to the
Director of Health for review and approval by the Windham Department
of Health, provided they meet the requirements of this article and
the public health code of the state. The plans and specifications
shall indicate the proposed layout, arrangement of work areas, construction
materials, and the type and model of proposed equipment.
[Ord. of 12-20-1994]
Whenever plans and specifications are required by Section 7-33 of this article to be submitted to the Director of Health, the Director of Health or authorized agent shall inspect the food service establishment prior to its beginning operation to determine compliance with the approved plans and specifications, and with the requirements of this article and the public health code of the state, within five business days.
[Ord. of 12-20-1994]
(a)
Food may be examined or sampled by the Director of Health or an authorized
agent as often as necessary for enforcement of this article or the
public health code of the state. The Director of Health may, upon
written notice to the owner or person in charge, specify the reasons
for a hold order on any food or beverage which is believed unfit for
human consumption. The Director of Health or authorized agent shall
tag, label or otherwise identify any food subject to the hold order.
(b)
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 of such food shall be ordered and accomplished.
(c)
The hold order shall state that a request for an appeal may be filed
with the commissioner of health within 48 business hours. Telephonic
communication of a notice of appeal is satisfactory as an initial
notice, provided written confirmation of the appeal is received within
seven days of oral notice. If no appeal is filed within 48 business
hours, the food shall be destroyed.
[Ord. of 12-20-1994]
The Windham Ad Hoc Public Health Advisory Committee may, on
written application and after review, grant a variance from a specific
provision of this article, where such variance is in harmony with
the general purposes and intent of this article and would in no way
endanger the public health of Windham. The variance may be granted
subject to appropriate conditions, which shall include a time schedule
for compliance. At the time of submission of the variance application,
the applicant shall state in writing whether or not a hearing is desired.
If a hearing to consider the merits of an application is requested,
a public hearing shall be held within 30 days from the receipt of
the variance application. Notice of date, time, and place of the hearing
shall be given by mail to the applicant at least 10 business days
before the date of the hearing. The Windham Ad Hoc Public Health Advisory
Committee shall render a written decision within 10 business days
after the hearing which shall set forth the reasons for the grant
or denial of the application. Where the decision is to grant a variance,
it will neither be a detriment to the public health nor will it impair
the integrity of the provisions of this article.
[Ord. of 12-20-1994]
When a change in ownership occurs, the Windham Department of
Health shall be notified.
[Ord. of 12-20-1994]
(a)
No person, firm, corporation, or voluntary organization (for profit
or nonprofit) shall operate a food service establishment within the
Town of Windham without possession of a current permit to operate,
issued by the Director of Health.
(b)
Such permits shall be posted in a conspicuous place in the food service
establishment and shall indicate dates of inspection and the signature
of the Director of Health.
(c)
Only persons, firms, etc. who comply with the requirements of this
article and the public health code of the state shall be entitled
to receive and display a permit. Permits are not transferrable.
[Ord. of 12-20-1994]
(a)
Any person desiring to operate a food service establishment shall
make written application for a permit on forms provided by the Director
of Health. Such application shall include the name and address of
each applicant, the location and type of the proposed food service
establishment, and the signature of each applicant. If the application
is for a temporary food service establishment, it shall also include
the dates of the proposed operation.
(b)
Prior to approval of an application for a permit, the Director of
Health or his/her authorized agent shall inspect the proposed food
service establishment to determine compliance with the provisions
of this article and the public health code of the state.
(c)
The Director of Health or his/her authorized agent shall issue a
permit to the applicant if the inspection reveals that the proposed
food service establishment complies with the requirements of this
article and the public health code of the state.
(d)
The Windham Department of Health may require a food service establishment
to designate a person to be spokesperson for that facility when there
is a communication problem with the owner/operator of such facility.
(e)
The Windham Department of Health can refuse to renew a permit until
the department receives a new application, menu, annual water analysis,
septic pumping invoices (if applicable), and plan review for new and/or
remodeled facilities. Each aspect of a food service establishment
must be permitted.
(1)
Water analysis. All food service establishments (nonprofit and for
profit) served by a private water supply shall have the water tested
annually for bacteriological, physical, and nitrate quality; except
that dug wells shall also be sampled quarterly for bacteriological
content. All water testing is the responsibility of the Windham Department
of Health prior to the repermitting of the establishment. Those establishments
whose water is collected by the department of consumer protection
may forward a copy of this report to the Windham Department of Health;
however, the Windham Department of Health must receive this report
prior to the establishment being repermitted.
(2)
(Reserved)
[Ord. of 12-20-1994]
[Ord. of 12-20-1994]
(a)
All food service permits shall expire on December 31 of each calendar
year and shall be renewed annually.
(b)
Renewal of permits will depend on an updated application, including
any requested information, payment of all fees due and a review of
inspection reports from the previous year. This information must be
submitted to the Windham Department of Health one month prior to the
expiration of the current permit. (Requested information will consist
of, but not limited to, water test analysis, proof of septic tank
cleaning, etc.)
[Ord. of 12-20-1994]
(a)
The Director of Health may suspend or revoke any permit to operate
a food service establishment for failure to comply with the requirements
of this article or the public health code of the state. If the Director
of Health finds unsanitary or other conditions in the operation of
a food service establishment which are judged to constitute an immediate
and substantial hazard to public health, he/she may immediately issue
a written notice to the permit holder or person who is, at the time,
in charge of the food service establishment, citing such conditions,
specifying the corrective action and the time period allowed for corrective
measures. If corrections are not made in the stated time, the permit
shall be suspended.
(b)
Suspension or revocation is effective upon service of notice as stated in Section 7-57 of this division. When a permit is suspended or revoked, food service operation shall immediately cease.
(c)
Whenever a permit is suspended or revoked, the permit holder or person
in charge of the food service establishment may, within 48 business
hours, file a written appeal with the commission of health. Telephonic
communication of a notice of appeal is satisfactory as an initial
notice, provided written confirmation of the appeal is received within
seven days of oral notice. If no appeal is filed within 48 business
hours, the suspension shall become final.
[Ord. of 12-20-1994]
The commissioner of health may, after providing opportunity
for an appeal, notify the Windham Director of Health to revoke a permit
for serious or repeated violations of any of the requirements of this
article or the public health code of the state, or for interference
with the Director of Health, or authorized agents, in the performance
of their duties.
[Ord. of 12-20-1994]
A notice provided for in this article is properly served when
it is delivered to the permit holder or person in charge, or when
it is sent by registered or certified mail, return receipt required
[requested], to the last known address of the permit holder. A copy
of any notice shall be filed in the records of the Windham Department
of Health.
[Ord. of 12-20-1994]
(a)
Suspension. Whenever a permit has been suspended, the holder of the
suspended permit may make a written request for reinstatement of the
suspended permit. Within five business days following receipt of a
written request, including a statement signed by the applicant that
the conditions causing the suspension have been corrected, the Director
of Health or authorized agent shall make an inspection. If the applicant
is in compliance with the requirements of this article and the public
health code of the state, the permit will be reinstated.
