City of Pawtucket, RI Chapter 218 Food Establishments

[HISTORY: Adopted by the Council of the City of Pawtucket: Art. I, approved 10-17-1967 by Ch. No. 1135 as Secs. 15-10 through 15-12 and 15-17 through 15-39 of the 1966 Code; Art. II, approved 2-23-1984 as Ch. No. 1872. Amendments noted where applicable.]

GENERAL REFERENCES

Business registration — See Ch. 158.

Article I General Regulations [1]

[Approved 10-17-1967 by Ch. No. 1135 as Secs. 15-10 through 15-12 and 15-17 through 15-39 of the 1966 Code]

[1] Editor's Note: Inspections of food establishments are performed by the state.

§ 218-1 Definitions.

For the purpose of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

CATERERS

Establishments set up to prepare meals that will be transported and served at parties held on or off the premises.

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.

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, coffee shop, cafeteria, lunch cart, delicatessen, caterer, ice cream parlor, cafe, bar, luncheonette, tavern, sandwich stand, soda fountain and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is prepared for sale on the premises or served elsewhere.

TRAVELING RESTAURANT

A restaurant which moves from place to place to operate, dispensing sandwiches, frankfurters, box lunches, pastry, coffee, beverages, ice cream, etc.

UTENSILS

Includes any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.

§ 218-2 Licenses required; display.

It shall be unlawful for any person to operate any victualing house or restaurant in the city without first having obtained a license for the conduct and operation of the same. Such a license shall be posted in a conspicuous place on the premises.

§ 218-3 Suspension or revocation of license.

A. The Director of Zoning and Code Enforcement may at any time suspend any license for cause for such time as he or she may deem necessary or reasonable under the circumstances. However, no license shall be revoked until after a hearing before the City Council.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

B. Any licensee under this section whose license has been suspended shall be notified in writing of the reason for such action.

C. Upon making written request thereof, he or she shall have the right to a prompt hearing by the City Council upon the charges preferred against him or her, and may be represented at any such hearing by counsel. Notice of the proposed revocation of any license issued pursuant to this section shall be given in writing to the licensee, setting forth the grounds therefor, the time and place of the hearing thereon and informing the licensee of his or her right to be represented by counsel.[2]

[2] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

D. Such hearing shall be held promptly and notice thereon shall be personally served or sent by registered mail to the licensee at his or her last and usual place of abode or to the location where the restaurant is located. Hearings shall not be had until at least seventy-two (72) hours from the mailing or delivery of such notice.

§ 218-4 Determination of type of license required. [1]

The type of license required for any establishment shall be determined by the City Clerk who shall also determine whether any establishment shall be required to take out more than one (1) type of restaurant license.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 218-5 Cleanliness of premises.

The premises of all restaurants shall be kept clean and free of litter and rubbish.

§ 218-6 Use of living or sleeping quarters prohibited.

None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters.

§ 218-7 Floors.

A. The floors of all rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair.

B. Floors may be constructed of concrete, terrazzo, tile, etc., or wood covered with linoleum or tight wood. Wooden floors containing cracks or holes or which otherwise fail to be tight are not satisfactory.

C. If floor drains are used, they shall be provided with proper trips and be constructed so as to minimize clogging, and the floor shall be graded to drain. Floors shall be kept clean and free from litter.

§ 218-8 Walls and ceilings.

Walls and ceilings of all rooms shall be kept clean and in good repair. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.

§ 218-9 Doors and windows.

When flies are prevalent, all openings into the outer air shall be effectively screened, and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.

§ 218-10 Lighting.

A. All rooms in which food or drink is stored, prepared or served or in which utensils are washed, shall be well lighted.

B. Ten (10) footcandles of artificial light on all working surfaces in rooms where food or drink is prepared or in which utensils are washed, and four (4) footcandles, thirty (30) inches from the floor in storage rooms, except when equivalent natural light is present, shall be required.

§ 218-11 Ventilation.

All rooms in which food or drink is stored, prepared or served, or in which utensils are washed shall be well ventilated. This requirement shall be deemed to have been satisfied if all rooms are adequately ventilated so as to be reasonably free of disagreeable odors and condensation. Ventilation equipment supplementary to windows and doors, such as adequate exhaust fans or stovehoods, shall be provided if necessary. This requirement shall not apply to cold storage rooms.

§ 218-12 Water supply.

Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed. The water supply shall be adequate and of a safe sanitary quality.

§ 218-13 Toilet facilities.

Every food business shall be equipped with adequate and conveniently located toilet facilities for its employees. Toilet rooms shall not open directly into any room in which food, drink or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair and well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees. In case privies or chemical closets are used, they shall be separate from the restaurant building and shall be of a sanitary type constructed and operated in conformity with the standards of the State Department of Health.

§ 218-14 Lavatory facilities.

Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his or her hands.

§ 218-15 Construction of utensils and equipment.

A. All multiuse utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a food business shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used.

B. All utensils and equipment surfaces with which food or drink comes in contact shall be smooth, free of breaks, corrosion, open seams, cracks and chipped places. All surfaces with which food or drink comes in contact shall be easily accessible for thorough cleaning.

§ 218-16 Cleaning and bactericidal treatment of utensils and equipment.

A. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects and other contaminating material. All cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once.

B. All multiuse eating and drinking utensils shall be thoroughly cleaned and subjected to an approved bactericidal process after each usage. All multiuse utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to the approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purpose.

C. No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.

D. The cleansing of utensils and equipment may be accomplished by the use of warm water [one hundred ten to one hundred twenty degrees Fahrenheit (110° to 120° F.)] containing an adequate amount of an effective soap or detergent to remove grease and solids. The soapy wash water should be changed at sufficiently frequent intervals to keep it reasonably clean. Scraping or prerinsing of dishes before washing is necessary to maintain clean wash water longer and to maintain an adequate concentration of detergent.

E. After cleansing, all such utensils must be effectively subjected to one (1) or more of the following approved bactericidal processes:

(1) Immersion for at least two (2) minutes in clean hot water at a temperature of at least one hundred seventy degrees Fahrenheit (170° F.).

(2) Immersion for at least one-half (1/2) of a minute in clean hot water at a temperature of at least two hundred degrees Fahrenheit (200° F.).

(3) Exposure in a steam cabinet equipped with an indicating thermometer located in the coldest zone to at least one hundred seventy degrees Fahrenheit (170° F.) for a minimum period of fifteen (15) minutes, or to at least two hundred degrees Fahrenheit (200° F.) for a minimum period of five (5) minutes. Steam cabinets should be provided with a valve to permit the discharge of cold air when steam is admitted.

(4) Equipment that is too large to immerse may be treated with live steam from a hose, if it is of a type in which steam can be confined, by boiling rinse water or by spraying or swabbing with chlorine solution of approved strength.

F. The use of chemicals for bactericidal treatment will not be approved except when applied to utensils or equipment too large or irregular in shape to immerse or under other special conditions recognized as such by the State Department of Health. When chlorine compounds are used, solutions of them shall contain not less than fifty (50) parts per million of available chlorine.

G. Dishwashing machines shall meet the requirements of Subsection E(1) and (2) of this section, except that rinsing or spraying may be substituted for immersion. Machines using higher temperatures may be permitted to shorten period of rinsing or spraying if results under such operation are shown by laboratory examinations to be satisfactory. Drying cloths, if used, shall be clean and shall be used for no other purpose. It is recommended that wherever possible, utensils be permitted to drain dry without the use of drying cloths.

§ 218-17 Storage and handling of utensils and equipment.

A. After bactericidal treatment, utensils shall be stored in a clean, dry place, protected from flies, dust and other contamination, and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner.

B. This section shall be deemed to have been satisfied if:

(1) All containers and utensils are stored at a sufficient height above the floor in a clean, dry place protected from flies, splash, dust, overhead leakage and condensation and other contamination. Wherever practicable, containers and utensils shall be covered or inverted.

(2) Drain racks, trays and shelves are made of not readily corrodible material, and are kept clean.

(3) Containers and utensils are not handled by the surfaces which come in contact with food or drink. Fingers should not touch the inside surfaces of glasses, cups, dishes, etc., nor the bowls of spoons, the tines of forks or the blades of knives. Any equipment touched by the inspector shall be again subjected to bactericidal treatment before being used.

(4) Spoons, spatulas, dippers, scoops, etc., used for dispensing frozen desserts, are, when not in use, kept either in water maintained at one hundred seventy degrees Fahrenheit (170° F.) or in running water.

§ 218-18 Disposal of wastes.

A. All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such a manner as not to become a nuisance.

B. This section shall be deemed to have been satisfied if:

(1) All liquid wastes resulting from the cleaning and rinsing of utensils and floors, from flush toilets and from lavatories are disposed of in a public sewer or, in the absence of a public sewer, by a method approved by the Department of Zoning and Code Enforcement. Grease traps are recommended where much grease is discharged.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(2) All plumbing complies with the Director of Zoning and Code Enforcement standards and is so designed and installed as to prevent contamination of the water supply through interconnections and back-siphonage from fixtures, including dishwashing machines and sinks.

(3) All garbage is kept in tight, nonabsorbent and easily washable receptacles, which are covered with close-fitting lids while pending removal.

(4) All garbage, trash and other waste material are removed from the premises as frequently as may be necessary to prevent nuisance and unsightliness, and are disposed of in a manner approved by the Director of Zoning and Code Enforcement.

(5) All garbage receptacles are washed when emptied and treated with a disinfectant, if necessary, to prevent nuisances.

§ 218-19 Refrigeration of perishable food and drink.

All perishable food and drink shall be kept at or below fifty degrees Fahrenheit (50° F.), except when being prepared or served.

§ 218-20 Food and beverages to comply with regulations of Director of Zoning and Code Enforcement.

No food products or beverages for public consumption shall be kept, offered for sale, transported or handled except in accordance with the rules and regulations of the Director of Zoning and Code Enforcement.

§ 218-21 Wholesomeness of food and drink.

A. All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption.

B. All milk, fluid milk products, ice cream and other frozen desserts shall be from approved sources. Milk and fluid milk products shall be served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device.

C. All oysters, clams and mussels shall be from approved sources and if shucked, shall be kept until used in the containers in which they were placed at the shucking plant.

D. This section shall be deemed to have been satisfied if:

(1) Pork and pork products are cooked thoroughly to destroy trichinae, the organisms which cause the disease trichinosis. The inside portion should reach a temperature of at least one hundred thirty-seven degrees Fahrenheit (137° F.). Pork is not adequately cooked if any portion is red. Thirty (30) minutes to the pound is an approximate guide to adequate cooking of large cuts of pork. Pork and pork products served raw shall have been specially treated in state or federal licensed meat handling establishments to destroy trichinae.

(2) All custard-filled and cream-filled pastries served have been rebaked, after filling, at an oven temperature of at least four hundred twenty-five degrees Fahrenheit (425° F.) for at least twenty (20) minutes and cooled to fifty degrees Fahrenheit (50° F.) or less within one (1) hour after rebaking; or the filling has been heated before the pastry shells were filled, so that every particle of the mix was held at a temperature of at least one hundred ninety degrees Fahrenheit (190° F.) for at least ten (10) minutes and cooled, either before or after filling the pastry shells, to fifty degrees Fahrenheit (50° F.) or less within one (1) hour after heating.

(3) All milk, fluid milk products, ice cream, frozen custard, sherbet, ices and similar frozen desserts served are from sources approved by the Director of Zoning and Code Enforcement. Pasteurized milk and milk products should be used where available.

(4) All milk and fluid milk products are served in the individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device.

(5) All oysters, clams and mussels are from a source approved by the State Department of Health, provided that if the source is outside the state, the shipper's name shall be on the current lists of certified dealers issued by the United States Public Health Service. Shucked shellfish shall be kept until used in the containers in which they were placed at the shucking plant.

§ 218-22 Storage, display and serving of food and drink.

A. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. All means necessary for the elimination of flies, roaches and rodents shall be used. No animals shall be kept or allowed in any room in which food or drink is prepared or stored.

B. This section shall be deemed to have been satisfied if:

(1) All food and drink are stored and displayed in such a manner as to be protected from dust, flies, vermin, unnecessary handling, droplet infection, overhead leakage and condensation, sewage backflow and other contamination. Evidence of the presence of rodents, roaches, ants or other vermin shall be considered as a violation of this section. Food or drink shall not be stored or prepared beneath overhead sewer or drain pipes unless such pipes are provided with suitable means to carry off possible leakage or condensation. Food or drink shall not be stored on floors which are subject to flooding from sewage backflow, such as those below street level. On new construction, the location of a restaurant in a basement below the surface of the ground shall be discouraged. The pouring lips of bottles containing milk or other beverages in nonleakproof containers shall not be submerged in water for cooling.

(2) All food and drink are handled and served in such a manner as to minimize the opportunities for contamination. Serving of sliced butter and cracked ice shall not be by direct contact with fingers or hands, and manual contact with all food or drink shall be avoided insofar is as possible. Sugar shall be served only in covered dispensers or in containers or wrapped packages for individual service; containers should preferably be designed so that a spoon cannot be inserted.

(3) All unwrapped or unenclosed food and drink on display are protected by glass or otherwise from public handling or other contamination, except that approved hand openings for self-service may be permitted on counter fronts.

(4) No animals or fowl are kept or allowed in any room in which food or drink is prepared or stored.

(5) All enclosed spaces within double walls, between ceilings and floors, beneath floors, and in fixtures and equipment, which provides harborage and potential breeding places for rodents, have been eliminated by removal of the sheathing or interior walls which form the enclosed spaces; or all exposed edges of such walls, floors and sheathing have been protected against gnawing by rats by the installation of approved ratproof material, and all openings in walls, floors and ceilings through which pipes, electric cables and other conduits pass have been properly sealed with snugly-fitting collars of metal or other approved ratproof material securely fastened in place and so maintained; and propagation of rats and invasion and infestation of the premises by them has been permanently prevented. For information on specific ratproofing methods, see the Rat and Ratproof Construction of Buildings, Supplement No. 131 to the Public Health Reports, United States Public Health Service.

(6) All supplementary means necessary for the elimination of flies, roaches and rodents are employed. For the elimination of flies, fly repellent fans, flypaper, fly traps or fly-killing sprays or powders may be used. All poisonous compounds used in the extermination of rodents or insects shall be so colored as to be easily identified; however, poisonous substances should be used with extreme caution, and compounds harmless to humans should be substituted wherever possible.

§ 218-23 Cleanliness of employees.

All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared.

§ 218-24 Lockers, etc., required for employees.

Adequate lockers or dressing rooms shall be provided for the clothing of employees of each restaurant. Such lockers or dressing rooms shall be kept clean at all times.

§ 218-25 Soiled linens and clothing.

Soiled linens, coats and aprons in restaurants shall be kept in containers provided for such purpose.

§ 218-26 Right of entry for inspection.

The Director of Zoning and Code Enforcement or any person appointed by him or her for that purpose is hereby authorized to enter and inspect all premises where food or drink is reported to be unwholesome.

§ 218-27 Copies of Article and regulations to be furnished licensees.

Persons licensed under this Article shall be given a copy of this Article and all rules and regulations supplementary thereto at the time of receiving their licenses for the first time, and thereafter they shall receive copies on request. Upon promulgation of a new rule or regulation by the Director of Zoning and Code Enforcement, a copy thereof shall be mailed to each licensee at the address set forth in his or her application for a license, and the Director shall publish the same in the same manner as is required for the publication of ordinances.

Article II Victualling Houses

[Approved 2-23-1984 as Ch. No. 1872]

§ 218-28 Notification of neighboring property owners.

An applicant for a twenty-four-hour victualling house license shall comply with the following:

A. The applicant, at his or her expense, shall prepare and submit to the City Clerk's Office a radius map listing by name all property owners within two hundred (200) feet of the site of the proposed victualling establishment.

B. The applicant shall pay for the cost of mailing to all property owners within two hundred (200) feet of the proposed site a notice of a public hearing on the request for an application. The City Clerk's Office shall prepare the mailing with the applicant paying for postage expense. Notice of said public hearing shall be given by publication once a week for three (3) consecutive weeks in a daily newspaper of local circulation.

C. The application shall be acted upon either favorably or unfavorably only after a public hearing has been held to afford all citizens an opportunity to speak in favor or against the granting of the license.

§ 218-29 License fee.

The cost of said twenty-four-hour victualling house license shall be one hundred fifty dollars ($150.) per year with licenses renewable each December 1.

§ 218-30 Violations and penalties.

Any applicant or person violating this Article shall be fined in the amount of fifty dollars ($50.) for the first violation, one hundred dollars ($100.) for the second violation and one hundred dollars ($100.) for each violation thereafter.