(6)
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All frozen-food display cases and lockers and all refrigerated
cases of the open-top type shall contain a prominent line marking
the maximum height of safe storage within same, and no food or drink
shall be permitted to remain in such case or locker above such mark
or line.
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(7)
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Each place where perishable food or drink shall be kept while
not being prepared or served, where temperatures must comply with
the applicable provisions of Section 2.2, and also all frozen-food
display cases and lockers and all refrigerated cases of the open-top
type not governed by any other section of the code shall be equipped
with accurate thermometers. Every such thermometer shall be placed
where it will measure the temperature of the food or drink in its
vicinity and where it can be read without disturbing or exposing the
food or drink in its vicinity.
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(2)
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Any employee, as defined by Section 1.6, and any manager and
any managing proprietor of a retail food-handling establishment may
be required by the enforcing official to submit to a physical examination
for the purpose of ascertaining whether or not he or she is affected
by any of the diseases or forms of diseases above mentioned whenever
in the judgment of the enforcing official such examination may be
necessary.
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c.
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Employee Examination:
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(1)
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All employees, as defined by Section 1.6, of any retail food-handling
establishment must present to the manager or managing proprietor an
annual chest X-ray report as a condition of employment in a retail
food-handling establishment. The certificates and reports are to remain
on file with the employing establishment and shall be made available
for inspection by the enforcing official.
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9.1
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No person or organization shall operate a retail food-handling
establishment unless a retail food-handling license shall have been
issued by the Board of Health. Such license shall be posted in a conspicuous
place near the public entrance of the establishment.
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9.2
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All applications for retail food establishment licenses shall
be made in writing by the applicant on a form to be approved by the
Board of Health. An application for a new retail food establishment
may be made at any time of the year. In the event that the license
is not granted, all fees will be retained by the Board of Health.
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Retail food establishment licenses issued pursuant to the provisions
of this ordinance[1] shall expire annually on the 31st day of March. Applications
for the renewal of an existing license shall be on the same form as
for the original application for a new license and shall be received
by the Board of Health no later than 4:30 p.m. on the last working
day of March.
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9.3
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Fees for retail food establishment licenses shall be as follows:
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a.
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Retail food establishment license: twenty dollars ($20).
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b.
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Food-handler's license, each: one dollar and fifty cents
($1.50).
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The proper fee shall be submitted with the completed application
form.
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9.4
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No person or organization shall operate or conduct a temporary
retail food sale unless a temporary food-sale permit shall have been
issued by the Board of Health.
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9.5
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All applications for temporary food sales shall be made on a
form approved by the Board of Health. The temporary permit shall only
be valid for the time period specified thereon. The application shall
be completely filled out and returned with the appropriate fee to
the Board of Health at least seven (7) working days prior to the sale
date.
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9.6
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Fees for temporary retail food establishment permits shall be
as follows:
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a.
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One-day permit for vendors or establishments currently holding
a valid retail food license in the Borough of Somerville: fee waived.
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b.
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One-day permit for vendors or establishments not currently holding
a valid retail food license in the Borough of Somerville: twenty-five
dollars ($25).
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c.
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One-day permit for nonprofit or service organizations: fee waived.
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Appropriate fees shall be submitted with the completed application
form.
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9.7
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Any retail food establishment license or temporary permit may
be suspended or revoked for any violation of applicable state or local
Board of Health regulations governing the sale or distribution of
food or for any violation of this ordinance.[2] Sanitary inspections by the Board of Health or its designated
representatives shall be conducted to determine the degree of compliance
with applicable regulations.
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9.8
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A retail food establishment license and a temporary retail food
permit are both nontransferable.
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9.9
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Any person who violates any provision of this ordinance[3] established herein shall, upon conviction thereof, be
liable to a penalty of not less than five dollars ($5) nor more than
five hundred dollars ($500) for each violation.
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9.10
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In the event that any section, sentence or clause of this ordinance[4] shall be declared unconstitutional by a court of competent
jurisdiction, such declaration shall not in any manner prejudice the
enforcement of the remaining provisions.
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9.11
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This ordinance[5] shall take effect immediately upon adoption and publication
as required by law.
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