[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.
[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.
For the purpose of this Article, the following words and phrases shall
have the meanings respectively ascribed to them by this section:
Establishments set up to prepare meals that will be transported and
served at parties held on or off the premises.
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.
A restaurant operating for a temporary period in connection with
a fair, carnival, circus, public exhibition or other similar gathering.
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.
A restaurant which moves from place to place to operate, dispensing
sandwiches, frankfurters, box lunches, pastry, coffee, beverages, ice cream,
etc.
Includes any kitchenware, tableware, glassware, cutlery, utensils,
containers or other equipment with which food or drink comes in contact during
storage, preparation or serving.
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.
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]
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]
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.
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.
The premises of all restaurants shall be kept clean and free of litter
and rubbish.
None of the operations connected with a restaurant shall be conducted
in any room used as living or sleeping quarters.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
(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.
All perishable food and drink shall be kept at or below fifty degrees
Fahrenheit (50° F.), except when being prepared or served.
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.
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.
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.
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.
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.
Soiled linens, coats and aprons in restaurants shall be kept in containers
provided for such purpose.
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.
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.
[Approved 2-23-1984 as Ch. No. 1872]
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.
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.
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.
