[Rev. Ords. 1953, Ch. 25, § 1; Ord. of 9-25-1972]
For the purpose of this article, the following words and phrases
shall have the meanings ascribed to them in this section.
Any person who handles food or drink during its preparation
or serving, or who comes in contact with any eating or cooking utensils,
or who is employed in a room in which food or drink is prepared or
served.
The health officer of the City or his authorized representative
who shall be appointed by the director of health and sanitation and
health officer and approved by the City Manager.
A restaurant operating for a temporary period in connection
with a fair, carnival, circus, public exhibition or other similar
gathering.
A restaurant, luncheonette, tavern, sandwich stand, lunch
wagon, soda fountain and all other eating or drinking establishments,
as well as kitchens and bakeries or other places in which food or
drink is prepared for sale in the City. This definition shall be interpreted
to include catering establishments where food is prepared for service
in the City.
[Rev. Ords. 1953, Ch. 25, § 8; Ord. of 9-25-1972]
This article shall be enforced by the health officer in accordance
with the interpretations thereof contained in the 1943 edition of
the U.S. Public Health Service Ordinance and Code regulating Eating
and Drinking Establishments (Public Health Service Publication No.
37) a certified copy of which shall be on file at the City Clerk's
office.
[Rev. Ords. 1953, Ch. 25, § 7; Ord. of 9-25-1972]
Nothing contained in this article shall be deemed to modify
or repeal the requirements established by law and ordinance for victualers'
licenses.
[Rev. Ords. 1953, Ch. 25, § 2.1; Ord. of 9-25-1972]
It shall be unlawful for any person to operate a restaurant
and/or an itinerant restaurant in the City without having obtained
a valid permit to do so from the health officer.
[Rev. Ords. 1953, Ch. 25, § 2.1; Ord. of 9-25-1972]
Persons complying with the provisions of this article shall
be entitled to receive and retain a permit required by this article.
[Rev. Ords. 1953, Ch. 25, § 7; Ord. of 9-25-1972]
A restaurant permit required by this article shall be issued
annually on the first Monday in May by the health officer without
charge.
[Rev. Ords. 1953, Ch. 25, § 2.1; Ord. of 9-25-1972]
A permit required by § 8-50 shall be posted in a conspicuous place on the premises for which the permit was issued.
[Rev. Ords. 1953, Ch. 25, § 2.1; Ord. of 9-25-1972]
A permit issued in accordance with this article may be temporarily
suspended by the health officer upon the violation by the holder of
any of the terms of this article, or revoked after an opportunity
for a hearing by the health officer upon a serious or repeated violation.
[Rev. Ords. 1953, Ch. 25, § 22; Ord. of 9-25-1972]
(a)
Any applicant for or holder of a permit required by this article
may appeal to the Council from a decision of the health officer to
withhold, suspend or revoke his permit.
(b)
A request for an appeal authorized by this section shall be made
in writing and filed with the City Clerk.
(c)
The Council shall hold the appeal in the form of a public hearing.
(d)
The health officer shall be present at such hearing.
(e)
The Council, after such hearing has been held, shall pass an order
by which they shall uphold, modify or reverse the action of the health
officer.
[Rev. Ords. 1953, Ch. 25, § 6; Ord. of 9-25-1972]
(a)
An application for the reinstatement of a restaurant permit which
has been suspended or revoked may, at any time, be made.
(b)
Within one week after the receipt of a satisfactory application accompanied
by a statement signed by the applicant to the effect that the violated
provision of this article has been conformed with, the health officer
shall make a reinspection, and thereafter as many additional inspections
as he may deem necessary to assure himself that the applicant is again
complying with the requirements, and in case the findings indicate
compliance, the permit shall be reinstated.
[Rev. Ords. 1953, Ch. 25, § 4; Ord. of 9-25-1972; Ord. of 9-8-1981; Ord. of 5-16-1983]
(a)
Whenever, through disease investigation, the health officer of the
City of Old Town or the state bureau of health determines that it
is necessary, every new employee in a restaurant or food handling
establishment shall be required to have a standard tuberculosis skin
test before the employee begins work. It shall be the responsibility
of the restaurant or food handling establishment licensee to see that
all new employees are tested for tuberculosis. The employee will be
referred to his/her personal physician or to the community health
department for the test.
(1)
If the skin test is positive, the employee must have a follow-up
chest x-ray.
(2)
Persons who have a positive chest x-ray and are subsequently diagnosed
as having active tuberculosis will be excluded from work. Active employment
will depend on a medical determination and a physician's recommendation.
(b)
Based on a negative result of the skin test or chest x-ray, each
new employee will be issued a tuberculosis health certificate by the
health officer or community health nurse; provided, however, that
an employee will be issued a temporary health certificate, at the
time of testing, pending the result of the tuberculosis test or x-ray.
(1)
The certificate of each employee will be checked at every inspection
made at the restaurant or food handling establishment.
(c)
Failure of each employee to have a tuberculosis health certificate
shall be considered a violation of this Code and the restaurant or
food handling establishment licensee shall be punished by a fine of
$25 per violation. Continued violation of this section shall be grounds
for suspension or revocation of the restaurant license or food handling
establishment's permit.
(d)
No person while affected with any food-borne disease in a communicable
form, or while affected with infected wounds, sores, or any acute
respiratory infection shall work in any area of a food service establishment
in any capacity in which there is likelihood of that person contaminating
food or food contact surfaces with pathogenic organisms, or transmitting
disease to other individuals.
(e)
All employees will thoroughly wash their hands and arms with soap
and water before starting work, and wash their hands during work hours
as often as may be required to remove soil and contamination and maintain
good health habits.
(f)
The outer garments of all persons including dishwashers, engaged
in handling food or food contact surfaces, shall be clean.
(g)
Hair nets, headbands, caps or other effective hair restraints will
be used by employees engaged in dish and utensil washing and in the
preparation and service of food to keep hair from food and prevent
accidents.
[Rev. Ords. 1953, Ch. 25, § 5; Ord. of 9-25-1972; Ord. of 9-8-1981]
(a)
All itinerant restaurants or food handlers shall apply to the City
Clerk for a temporary license. The license will be granted by the
City Manager after a satisfactory examination of the premises by the
health officer.
[Rev. Ords. 1953, Ch. 25, § 5; Ord. of 9-25-1972]
(a)
A license shall be required of and issued to all providers of vending
machines that serve or vend food not in its original wrapping.
(b)
Operators of such vending machines must provide sufficient proof
that employees preparing food served in such machines have passed
the required health tests for tuberculosis.
[Rev. Ords. 1953, Ch. 25, § 5; Ord. of 9-25-1972]
Fees for health inspection licenses for restaurants and bakeries
shall be determined by the Council, as well as fees for itinerant
restaurants and food handlers.
