For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
CATERING FOOD SERVICE
Any service which involves the sale or distribution of food and drink prepared in bulk at one geographic location for service in individual portions at another or which involves preparation and service of food on public or private premises not under the ownership or control of the operator of this service.
FOOD
Everything ingested by human beings as food or drink, including substances containing no food value but which are nevertheless customarily ingested by human beings as food or drink.
FOOD SERVICE ESTABLISHMENT
A place where food is prepared or offered for consumption by the public, whether or not consumption occurs on the premises where the food is prepared or offered, and regardless of whether there is a charge for the food. The term includes restaurants, delicatessens, caterers, bakeries, grocery stores, non-profit organization kitchens in churches, civic clubs, community centers, health and nursing facilities, academic institutions and other settings where food is prepared and offered to the public. Food establishments shall be classified per the Connecticut Public Health Code which is based upon the degree of risk involved in the operation.
LAVATORY
A room with a toilet and washbasin equipped with hot and cold running water, liquid soap with pump dispenser, disposable towels and/or a mechanical drying device.
MOBILE CATERERS
A mobile unit which offers food or drink at various locations.
RESTAURANT
All establishments dispensing food or drink.
TEMPORARY FOOD SERVICE EVENT
A food service establishment at a temporary event such as a festival or outdoor fair or other similar transitory gathering that operates at a fixed location for a period not to exceed two weeks.
No food establishment, restaurant, or mobile unit shall be operated or maintained within the Town except in compliance with the provisions of this chapter and in compliance with the health and sanitary regulations herein contained, and/or contained in the Public Health Code established by the Commissioner of Public Health pursuant to Sections 19a-36 and 19a-36a of the Connecticut General Statutes, hereinafter "the Connecticut Public Health Code."
Any establishment, or mobile unit dealing in food and drink, within the provisions of this chapter, which fails to meet the requirements of the regulations contained in this chapter and/or contained in the Connecticut Public Health Code may be ordered to cease operation and shall have its license suspended until such time as it meets necessary requirements and is permitted to resume business.
A. 
No person shall prepare food for sale, sell it, offer to sell it or hold or transport it for sale without having obtained a license from the Town Department of Health for the food establishment or establishments where the business is to be carried on. The same license requirement shall apply to any person offering food to the public whether or not money is exchanged.
B. 
Transfer of food service license is prohibited. Any person who assumes ownership of a food service establishment must complete a plan review application to acquire a license from the Health Department before offering or selling food to the public.
C. 
Any individual or organization selling or offering food to the public at a temporary event must first obtain a permit from the Director of Health. An application for a temporary food event permit must be submitted to the Health Department 10 days prior to the event. The applicant must comply with established food sanitation guidelines for temporary food service. The Director of Health may refuse to grant a temporary food event permit if in her/his judgment the applicant is unable to comply with required food protection protocols.
A. 
Application for hearing. Any person whose license has been suspended under the provisions of this chapter may request a hearing with the Director of Health at which time he/she shall have an opportunity to show cause why the license should be restored. Upon such request, the Director of Health or his/her authorized agent shall appoint a time and place for a hearing, as soon as conveniently practical, but in no event at a time later than 48 hours after request for a hearing has been received.
B. 
Decision. The Director of Health or his/her authorized agent shall be the sole judge as to whether or not necessary requirements of this chapter and the Connecticut Public Health Code have been met and a suspended license shall be restored. If the judgment is that a license shall not be restored, then the suspension shall remain in force until the Director or his representative shall determine that the restoration of such license would not endanger the public health or safety.
C. 
Additional hearing. If the judgment is that a license shall not be restored, the licensee may, after a reasonable time, apply for another hearing. Such application shall be accompanied by an affidavit stating what action has been taken to eliminate the unsanitary condition since the previous hearing or what new occurrences have eliminated the unsanitary condition. If, in the opinion of the Director of Health or his/her authorized agent, the allegations set forth in the affidavit might justify restoration of the license, if true, the Director or his/her authorized agent shall order another hearing at a time not more than 96 hours from the time such application for another hearing is received. If it is the judgment that the license shall not be restored, then the suspension shall remain in force until the Director of Health or his/her authorized agent shall determine that the restoration of such license will not endanger the public health or safety.
D. 
Number of hearings not limited; costs. There shall be no limitation as to the number of hearings an applicant may have, but the Director of Health may deny any request for a hearing or refuse even to act upon such request after two hearings have been had, unless the applicant shall pay the reasonable costs of such hearings as have been had and submit a bond to cover the costs of the hearing for which the application is made.
A. 
Any person who has been aggrieved by administrative action under the provisions of this chapter may appeal to the Superior Court of the State of Connecticut for appropriate relief under the following circumstances:
(1) 
If the refusal to issue a license is arbitrary and unreasonable and in abuse of the discretion of the Director of Health, but not otherwise.
(2) 
If the action of the Director of Health or his/her authorized agent in the proceedings authorized by § 105-5 is arbitrary and unreasonable and an abuse of discretion, but not otherwise.
B. 
No person shall be deemed to have exhausted his administrative remedies under § 105-5 until at least two hearings have been held or two applications for a hearing have been denied or not acted upon.
The Health Department Inspector may inspect all food establishments as often as deemed necessary and at any time in accord with the schedule stipulated in the Connecticut Public Health Code.
Equipment in all food service establishments and mobile catering units must be certified by the American National Standard Institute (ANSI).
A. 
Penalty for not having license. Any person who prepares for sale, sells, offers to sell, holds or transports for sale, or offers to the public any food in the Town without a license shall be fined not more than $100. Each sale or offer to sell made by a person whose license is under suspension shall be considered a separate violation of this section. Any person who assumes ownership of a food service establishment and proceeds to offer or sell food to the public without first obtaining a license from the Health Department shall be subject to the same penalty. This penalty is in addition to any other penalties provided for or powers bestowed upon municipal health authorities and/or the Director of Health pursuant to Chapter 368e of the Connecticut General Statutes and the Connecticut Public Health Code.
B. 
Any licensed food establishment that fails an inspection and requires a follow-up inspection to ensure compliance shall be subject to a reinspection fee. A late charge will be assessed if the reinspection fee is not paid within 30 days.
C. 
Any food service establishment that fails a reinspection shall be subject to additional reinspection fees.