Town of Manchester, CT
Hartford County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Directors of the Town of Manchester as Secs. 9-165 to 9-172 of the 1996 Code. Amendments noted where applicable.]
CHARTER REFERENCES
Authority to regulate sale of foodstuffs — See § 1-3(27) and (28).

§ 187-1 Definitions.

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.
FOOD SERVICE ESTABLISHMENT
Any place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes any such place regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term also includes delicatessen-type operations that prepare sandwiches intended for individual portion service. The term does not include private homes where food is prepared or served for individual family consumption, and it does not include the location of food vending machines.
ITINERANT FOOD VENDING FACILITY
A vehicle-mounted, or otherwise mobile, food service establishment designed to be readily movable and to have food dispensed outside the facility.

§ 187-2 License required; transferability; term; display.

A. 
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.
B. 
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.
C. 
Licenses for temporary food service establishments shall be issued for a period of time not to exceed 14 consecutive days.
D. 
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.

§ 187-3 Issuance of license; inspection.

A. 
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.
B. 
Prior to approval of an application for license, the Director of Health shall inspect the food service establishment.
C. 
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 using said Code standards. The results of such advisory inspections shall be given to the applicant along with consultation on how to improve conditions.
D. 
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 September, 2005, 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 Director of Health and is also available at the Building Department and 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.
[Added 6-13-2006]

§ 187-4 Fees.

[Amended 2-4-2003]
A. 
Food serve establishment license fees.
(1) 
At the time of filing an application for a license required by this chapter, the applicant shall pay to the Town of Manchester the following fee:
Class 1
Class 2
Class 3
Class 4
Establishment with a seating capacity of 1 to 15
$25
$45
$60
$75
Establishment with a seating capacity of 16 to 35
$50
$70
$85
$100
Establishment with a seating capacity of 36 to 75
$75
$95
$110
$125
Establishment with a seating capacity of 76 to 150
$100
$125
$150
$175
Establishment with a seating capacity of 151 to 200
$150
$175
$200
$225
Establishment with a seating capacity over 200
$200
$225
$250
$275
Caterer and food processing establishment
$200
$225
$250
$275
Take-out (no seating capacity provided)
$100
$125
$150
$17
Itinerant food vending facility
$100
$125
$150
$175
Temporary food service establishment
No classifications $50
Not-for-profit organization that holds a license to serve alcoholic beverages
$100
$125
$150
$175
Not-for-profit organization that does not hold a license to serve alcoholic beverages and serves food no more than 24 days per year
$1
$1
$1
$1
Private school, church, hospital, nursery school and day-care center
$1
$1
$1
$1
Public school, government operated facility, and Manchester Housing Authority
$0
$0
$0
$0
(2) 
Food service classes listed above (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 for Sanitation of Places Dispensing Foods or Beverages, Sections 19-13-B42 and 19-13-B49.
(3) 
Fees for residential, health care and other facilities licensed by the State of Connecticut shall be set by considering the licensed capacity of the facility as the seating capacity and food service classification. Should a license holder operate more than one type of establishment listed in the fee schedule above on the same parcel of land, only the highest fee shall apply.
B. 
Reinspection fees.
(1) 
Reinspection fees shall be charged whenever a food service establishment fails an inspection. For the purpose of this chapter, "fails an inspection" means that an establishment subject to the Public Health Code of the State of Connecticut scored below 80 or has a four-point demerit violation on the form used to inspect food service establishments included in said Code.
(2) 
The license holder shall pay to the Town of Manchester the following fees:
(a) 
First reinspection after a failed inspection: $0.
(b) 
Each additional reinspection until score exceeds 80 with no four-point demerit items: $100.
(3) 
Such reinspection fees shall be payable within 30 days of the reinspection. No annual license shall be renewed until all reinspection fees are paid.

§ 187-5 Suspension of license; request for hearing.

A. 
The Director of Health may suspend any license to operate a food service establishment if:
(1) 
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;
(2) 
The operation of the establishment otherwise constitutes an immediate and substantial hazard to public health; or
(3) 
The Director of Health is interfered with in the performance of his duties.
B. 
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.
C. 
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.
D. 
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.
E. 
The Director of Health shall end the suspension whenever he/she determines that the reasons for suspension no longer exist.

§ 187-6 Service of notice.

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.

§ 187-7 Penalties for offenses.

A. 
Any person who violates any provision of this chapter may be fined not more than $100 for each offense.
B. 
For purposes of this chapter, each day that an offense continues between the date of notice of violation and the date of correction as known by reinspection shall be deemed a new offense.