[HISTORY: Adopted by the Board of Directors of the Town of Manchester 6-5-2018. Amendments noted where applicable.]
Authority to regulate sale of foodstuffs — See § 1-3(27) and (28).
Editor’s Note: This ordinance also repealed former Ch. 187, Food, Sale of, adopted as Secs. 9-165 to 9-172 of the 1996 Code, as amended.
For the purposes of this chapter, the following terms shall have the meanings indicated:
- DIRECTOR OF HEALTH
- The Director of Health for the Town of Manchester or his/her authorized agent.
- A. An operation that:
- (1) Prepares, packages, serves or distributes food directly to the consumer or otherwise provides food for human consumption, including, but not limited to, a restaurant, institutional food service establishment, retail food service establishment, catering food service establishment, temporary food service establishment, itinerant food vending establishment.
- (2) Relinquishes possession of food to a consumer directly, or indirectly.
- B. "Food establishment" does not include a vending machine or a private residential dwelling in which food is prepared or a food manufacturing establishment.
- C. The Director of Health shall use his or her discretion in determining the applicability of the above-referenced definition.
No person shall operate a food service establishment who does not have a valid license issued to him by the Director of Health. Any person who provides food of a minor nature that is clearly incidental to a business or function shall be exempt from this requirement so long as the Director of Health does not determine that a public health problem may be created.
Licenses shall not be transferable from one person to another person, from one location to another location, or from one facility to another facility. All licenses shall be valid for one year from the date of issuance, unless specifically noted on license issued.
Licenses for temporary food service establishments shall be issued for a period of time not to exceed 14 consecutive days.
The operator of every food service establishment shall keep a valid license posted in a conspicuous place near the public entrance of the establishment, and it shall be posted in such a manner so as to be visible to the patrons of the establishment and protected against defacement or damage.
Any person who continues to operate, or who desires to operate, a food service establishment shall make written application for a license on forms provided by the Director of Health. Such application shall include the full name, address and telephone number of both the owner and operator of the establishment, the location and type of the food service establishment, the signature of the applicant, and such other pertinent information as the Director of Health may require.
The following information must be submitted to the Health Department for all proposed new food service establishments and any and all existing food service establishments undergoing renovation:
A plan review application and plan review fee; and
A complete set of facility plans, including an equipment layout of all areas, plumbing plans, and electrical plans; and
Details regarding finishes for floors, walks, and ceilings in all areas; and
Cut sheets and specifications for all equipment verifying NSF® approval or equivalent; and
A copy of the proposed menu, including any bars/patios or catering, if proposed; and
If the facility is served by an on-site well, a water registration form and lab analysis verifying the water potability.
Prior to approval of an application for license, the Director of Health shall inspect the food service establishment.
The Director of Health shall issue a license to the applicant if the inspection reveals that the food service establishment complies with the requirements of this chapter and, if the establishment is subject to the Public Health Code of the State of Connecticut, with the requirements of said Code. For private establishments not subject to said Code, advisory inspections shall be conducted upon request using said Code standards. The results of such advisory inspections shall be given to the applicant along with consultation on how to improve conditions.
All applicants for a license for a food service establishment, after the effective date of the amendment adding this provision, in addition to complying with all other provisions of this chapter, must also comply with the conditions of the general permit for the discharge of wastewater associated with food preparation establishments issued by the State of Connecticut Department of Environmental Protection in October 2015, as may be amended from time to time. The general permit, with all of its terms and conditions, is hereby incorporated by reference. A copy of the general permit and its guidelines and regulations is available upon request from the Water and Sewer Department. The Director of Health, prior to the issuance of any food service establishment license after the effective date of this provision, shall, in consultation with the Water and Sewer Department, determine the compliance date for the general permit for each such food service establishment and advise the applicant. The general permit is issued by the Water and Sewer Department.
A fee schedule shall be adopted by resolution by the Board of Directors and revised by the Board of Directors from time to time as needed. The fee schedule will be available at the Health Department office and on the Town website and be based on the establishment's assigned food classification.
Food service classes (Class 1, Class 2, Class 3 and Class 4) are categorized in accordance with the regulations of the Department of Public Health of the State of Connecticut and the current edition of the FDA Food Code. Itinerant food vendors and caterers license fee will be assessed based on food service classification.
The Director of Health may suspend any license to operate a food service establishment if:
The license holder, person in charge of the establishment, or the operation of the establishment itself does not comply with the requirements of this chapter or, if subject to the Public Health Code of the State of Connecticut, with the requirements of said Code;
The operation of the establishment otherwise constitutes an immediate and substantial hazard to public health; or
The Director of Health is interfered with in the performance of his duties.
Suspension is effective upon service of a written notice as stated in § 187-6 of this chapter. When a license is suspended, food service operations shall immediately cease.
Whenever a license is suspended, an opportunity for a hearing will be provided if a written request for a hearing is filed with the Director of Health by the license holder or operator of the establishment within 48 hours. Upon receiving a request for a hearing, the Director of Health shall immediately examine into the merits of such suspension and may sustain, modify or rescind such suspension. The license holder of an establishment who is aggrieved by such action of the Director of Health may, within 48 hours after making of such decision, appeal to the Commissioner of Health Services of the State of Connecticut.
During the process of appeal, the license shall remain suspended. However, the Director of Health may grant a stay upon a showing of good cause.
The Director of Health shall end the suspension whenever he/she determines that the reasons for suspension no longer exist.
A notice provided for in this chapter is properly served when it is delivered to the license holder or person in charge of the establishment, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the license holder. A copy of any notice shall be filed in the records of the Director of Health.