A. Unwholesome Food: It is a class B misdemeanor, subject to penalty as provided in section 1-4-1 of this code, for any person to sell or offer for sale any unwholesome food or beverage which has been condemned by any government food inspector. (1980 Code § 10-223; amd. 2010 Code)
B. Removal Of Garbage:
1. Upon Vacating Premises: It shall be unlawful for any person, upon vacating or moving from any dwelling, storeroom or other building, to fail to remove all garbage, rubbish or ashes from such building or premises and the grounds appurtenant thereto, or to fail to place the same in a thoroughly sanitary condition within twenty four (24) hours after the premises is vacated.
2. Rental Property: In situations where rental property is so vacated, the owner of the property shall be concurrently responsible with the tenant thereof for compliance with this subsection. (1980 Code § 10-224)
C. Discharge Of Sewage Pollution:
1. Conform To Standards: It shall be unlawful for any person to discharge or permit the discharge of any sewage or filth from any premises into and upon any public highway, stream, watercourse or public place, or into any drain, cesspool or private wastewater disposal system which does not conform to standards established by the state division of health or by the town.
2. Connection To Public Sewer System: The health director may order a connection for sewage disposal to be made with the public sewer system provided by the town if such is available; provided, that the public sewer system is within three hundred feet (300') of the premises.
3. Prevention: The health director shall use all due measures to prevent the fouling of any streams, watercourses, reservoirs or any source furnishing water to any of the inhabitants of the town. (1980 Code § 10-225)
D. Inadequate Plumbing: The health director shall have power to require the prompt repair of all leaks or other defects in plumbing throughout the town. He shall have power to condemn and abate all plumbing which is deficient under the plumbing ordinances. When, in the opinion of the health director, a change in occupants, type of business or other cause requires changes in plumbing, he shall have the power to compel the installation of an increased number of plumbing fixtures and a change in their type or capacity, and to make such other alterations or increases as may be necessary for the health and safety of the occupants of the building and of the public generally. (1980 Code § 10-226)
E. Cleaning And Bactericidal Treatment Of Utensils And Equipment:
1. 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.
2. Any multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved process immediately following the day's operation. Drying cloths, if used, shall be kept clean and shall be used for no other purpose.
3. No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils. (1980 Code § 10-227)
F. Storage And Handling Of Utensils And Equipment: 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 containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner. (1980 Code § 10-228)
G. Disposal Of Wastes: All wastes shall be properly disposed of, and all garbage and trash shall be kept in suitable receptacles, in such manner as not to become a nuisance. (1980 Code § 10-229)
H. Refrigeration: All readily perishable food and drink shall be kept at or below fifty degrees Fahrenheit (50°F), except when being prepared or served. Wastewater from refrigeration equipment shall be properly disposed of. (1980 Code § 10-230)
I. Wholesomeness Of Food And Drink: All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption. All milk, fluid products, ice cream and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in individual containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device; provided, that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. 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. (1980 Code § 10-231)
J. Storage, Display And Serving Of Food And Drink: 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. No animals or fowl shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches and rodents shall be used. (1980 Code § 10-232)
K. Clean Premises: The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose. (1980 Code § 10-233)
L. Employees:
1. All persons engaged in handling or coming in contact with food intended for sale or human consumption shall keep themselves clean, both as to person and clothing.
2. It shall be unlawful for any person who is afflicted with or is a carrier of any infectious or contagious disease to handle or be engaged in the care or preparation of any such food; and it shall be unlawful to permit any such person to be employed in or about any premises where food is stored, prepared or sold, or to deliver such food. (1980 Code § 10-234)
M. Examination And Condemnation Of Unwholesome Or Adulterated Food Or Drink: Samples of food, drink and other substances may be taken and examined by the board of health as often as may be necessary for the detection of unwholesomeness or adulteration. The board may condemn and forbid the sale of, or cause to be removed or destroyed, any food or drink which is unwholesome or adulterated. (1980 Code § 10-235)
N. Toilet Facilities: Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinances of the county. In restaurants hereafter constructed, 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. (1980 Code § 10-236)
O. Water Supply: Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe and sanitary quality. (1980 Code § 10-237)
P. 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 hands. (1980 Code § 10-238)
Q. Construction Of Utensils And Equipment: All multi-use 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 restaurant 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; provided, that solder containing lead may be used for jointing. (1980 Code § 10-239)