[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.
EMPLOYEE
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.
HEALTH OFFICER
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.
ITINERANT RESTAURANT
A restaurant operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
RESTAURANT
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, § 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, § 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.
(b) 
Health screening as outlined in § 8-57 will apply to itinerant workers also.