[HISTORY: Adopted by the Town Council of the Town of Farmington 7-24-1984 by Ord. No. 84. Amendments noted where applicable.]
Editor's Note: The Town Council on 11-26-1991 voted to have the Farmington Valley District Department of Health perform municipal health services.
The following chapter is adopted pursuant to C.G.S. §§ 7-148, 7-194 and 19a-206 through 19a-211 and Chapter 417, as amended, and Section 19-13-B42 and Appendix thereto of regulations promulgated by the Connecticut Department of Health Services, as amended, and Sections 19-207-1 through 19-207-8 and Section 19-204a-1 through 19-204a-18 of regulations promulgated by the Connecticut Department of Consumer Protection, as amended.
The purpose of this chapter is to regulate, through a program of licensing, food-processing and food-service establishments in order to safeguard the health, safety and welfare of the inhabitants of the Town of Farmington and the general public.
As used in this chapter, the following terms shall have the meanings indicated:
- AUTHORIZED AGENT
- The Farmington Valley District Department of Health (Farmington Valley
Health District or FVHD).[Amended 7-28-1992]
- FOOD-PROCESSING ESTABLISHMENT
- Any commercial establishment, excluding seasonal fruit and vegetable stands, in which food is processed, prepared, packaged or distributed for human consumption.
- FOOD-SERVICE ESTABLISHMENT
- Any fixed or mobile restaurant, industrial feeding establishment, private or public organization or institution having a catering kitchen, commissary, snack bar or similar place where food or drink is prepared for sale or for service on the premises or elsewhere, and any other eating or drinking establishment or operation where food is served or provided to the public, with or without charge, on a regularly recurring basis. It is intended that the term "food-service establishment" shall not include nonprofit organizations, such as churches and fraternal and civic clubs, which serve or sell food only on an occasional and not on a regularly recurring basis.
- Any individual, corporation or partnership and includes the plural.
- TEMPORARY FOOD-SERVICE ESTABLISHMENT
- Any food-service establishment which operates at a fixed location for a temporary period of time, not to exceed 14 consecutive days, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.
- The Town of Farmington.
- The fiscal year ending June 30 of each year or any part thereof.
Editor's Note: The definition of Director of Public Health was deleted 7-28-1992.
On and after July 1, 1984, no person shall operate a food-processing establishment, a food-service establishment or a temporary food-service establishment who does not have a valid license issued to him/her by the FVHD. A license shall be issued to and permitted to continue in effect for only those persons who comply with the requirements of this chapter, the Public Health Code and regulations promulgated by the Department of Health Services and the Department of Consumer Protection of the State of Connecticut, as they may be amended. A valid license shall be posted conspicuously in every food-service, food-processing or temporary food-service establishment. Temporary licenses may be issued for a period of time not to exceed 14 consecutive days. Licenses may not be transferred.
Any person desiring to operate a food-service, food-processing or temporary food-service establishment shall make written application for a license on forms provided by the FVHD. Such application shall include the name and address of each applicant, the person(s) on the premises responsible for the operation to whom communication may be given which will be binding on the applicant, the location and nature of the proposed establishment and the signature of each applicant or its principal officer. If the application is for a temporary food-service establishment, it shall include the dates of the proposed operation. The appropriate license fee shall accompany the application.
Prior to approval of an application for a license, the FVHD shall inspect the proposed establishment to determine compliance with the requirements of Subsection A of this section.
The FVHD shall issue a license to the applicant only if the inspection reveals that the proposed establishment complies with the requirements of Subsection A of this section.
All licenses shall expire at 12:00 midnight on June 30 of each year. Licensees desiring renewal of such licenses shall file an application with the FVHD on or before April 1 of each year along with the appropriate license fee.
The requirements of the Public Health Code and regulations promulgated by the Department of Health Services and the Department of Consumer Protection of the State of Connecticut, as they may be amended, are adopted as the requirements of this chapter.
The FVHD may suspend any license to operate a food-service, food-processing or temporary food-service establishment if the licensee does not comply with the requirements of Subsection A of § 106-4 of this chapter. If the FVHD finds an unsanitary condition or other conditions in the operation which, in his judgment, constitute an immediate and substantial hazard to public health, he may immediately issue a written notice to the licensee or person responsible citing such conditions, specifying the corrective action to be taken and specifying the time period within which such action shall be taken. If correction is not made in the stated time allowed, the FVHD shall issue a written order suspending the license. If deemed necessary, the FVHD may, upon finding a condition which constitutes an immediate and substantial hazard to public health, suspend the license immediately by so notifying the person in charge in writing. Upon suspension of a license, all operations shall immediately cease.
Notice shall be binding on the applicant or licensee if it is in writing and delivered to a person on the premises then operating the establishment or sent or directed to the applicant, the responsible person or the person on the premises in charge of the establishment or sent by registered or certified mail, return receipt requested, to the last known address of the licensee.
Whenever a license is suspended, the licensee, responsible person or person in charge may, within 48 hours, file a written request for reconsideration (appeal) with the FVHD. If no such request is filed within 48 hours, the suspension continues in effect. If such a request is filed, the FVHD shall thereupon immediately examine the basis for the suspension and may vacate, modify or affirm such suspension.
A licensee whose license has been suspended may file with the FVHD a written request for reinstatement of the license. Within five days following receipt of a written request, which shall include a statement signed by said licensee that, in his opinion, the conditions causing the suspension have been corrected, the FVHD shall make a reinspection of the premises of the licensee. If the licensee is complying with the requirements of Subsection A of § 106-4 of this chapter, the license shall be reinstated.
A licensee who is aggrieved by any action of the FVHD may, within 48 hours after the rendering of such decision or order, appeal to the Commissioner of Health of the State of Connecticut. Such appeal shall not stay the order of the FVHD.
The FVHD may revoke a license for serious or repeated violations of any of the requirements of Subsection A of § 106-4 of this chapter or for interference with the FVHD in the performance of his duties. Prior to revocation, the FVHD shall notify the licensee, responsible person or person in charge, in writing, of the reasons for which the license is subject to revocation and that the license shall be revoked at the end of 14 days following service of such notice, unless a written request for reconsideration is filed with the FVHD by the licensee within seven days following the date of sending the notice of revocation. If no request for reconsideration is filed within seven days, the revocation of the license becomes final. If a request for reconsideration is filed, the FVHD shall thereupon immediately examine the basis for the revocation and may vacate, modify or affirm such revocation.
After a period of 30 days from the date of revocation, a written application may be made for the issuance of a new license, as provided in § 106-4 of this chapter, and payment of the annual fee made.
A licensee who is aggrieved by any action of the FVHD may, within 48 hours after the rendering of such decision or order, appeal to the Commissioner of Health for the State of Connecticut. Such appeal shall not stay the order of the FVHD.
The annual license fee shall be established by the Town Council.
Whenever a food-service or food-processing establishment is constructed or renovated, and whenever an existing structure is altered for use as a food-service establishment, properly prepared plans and specifications for such construction, renovation or alteration shall be submitted to the FVHD for review and approval before construction, renovation or alteration is begun. The plans and specifications shall indicate the proposed layout, arrangement and construction of work areas and the type and model of proposed fixed equipment and facilities. The FVHD shall approve the plans and specifications if they meet the requirements of Subsection A of § 106-4 of this chapter. No establishment shall be constructed, renovated or altered except in accordance with plans and specifications approved by the FVHD. Prior to a license being issued to or continued for an establishment which has been constructed, renovated or altered, the FVHD shall inspect the premises for compliance with such approved plans and specifications.
Food from food-service or food-processing establishments located outside the Town of Farmington may be sold within the Town of Farmington if such establishments conform to the provisions of Subsection A of § 106-4 of this chapter or to substantially equivalent provisions. To determine the extent of compliance with such provisions, the FVHD may accept reports from responsible authorities in other jurisdictions where such establishments are located.
The FVHD and/or his/her authorized agents, after proper identification, shall be permitted to enter, at any reasonable time, any food-service or food-processing establishment for the purpose of making inspections to determine qualification for license and compliance with this chapter. They shall be permitted to examine the records of the establishment to obtain information pertaining to food and supplies purchased, received or used, persons employed, equipment being used and plans for construction, renovation or alteration, but not including financial records.
Any person who shall violate any of the provisions of Subsection A of § 106-4 of this chapter shall be punished by a fine of not more than $100. In addition thereto, such persons may be enjoined from continuing such violations. Each day upon which such a violation occurs shall constitute a separate violation.
This chapter has been specifically designated for enforcement by citations issued by designated municipal officers or employees, and the citation hearing procedure established by Chapter 91 of the Farmington Code shall be followed.