HomeMy WebLinkAbout1979-04-23 233 AG ORDINANCESubstitute Copy 6/ 25/ 79
CITY OF BANGOR
(TITLE.) Mrlkin agC of. cne........
E. it ordeiand by Ike City Camped of the CityofBany.r. a foilmor
THAT the pravisione of Chapter V, Article 2 of the ordinances of the City
of Bangor are hereby repealed and replaced with the follaving:
CHAPTER V
ARTICLE 2 - PWD ESTABLISHHENTS
Sec. 1 Title. This ordinance mall be referred to and shall be cited
as the "Foad Establishment Ordinance of the City of
Bangor.
Sec. 2 State of Mein Rules and Regulations Adopted. In accordance with
30 MRSA 9 2156,
the State of Maine "Rules Relating to Catering Establishments
Preparing Foods for Vending Machines, Dispensing Foods other Than
in original Sealed Packages, Rating and Lodging Places and Lodging
Places" adopted by the State of Maine Department of Human Services,
effective February 16, 1979, in accordance with 22 MA 54 2491
et seq., are hereby adopted and incorporated in their entirety
In the ordinances of the City of Bangor by reference, except as
modified below, as If more fully set forth herein.
Sec. 3 Modifications to Published Version. The State of Maine Rules
and Regulations adopted by
reference in Sec. 2 above, are modified as follows:
3.1 Section 1, subsection B (8) is deleted and replaced
with the following:
EATING ESPABLISIRMNT means any place where
food or drink is prepared and served, o
served to the public for consumption ov
the premises, or catering establishments,
or establishments dispensing food from
vending machines, or establishments preparing
foods for vending machines dispensing foods other
than in original sealed packages, such as hotels,
motels, boarding homes, restaurants, mobile eating
plac coffee shops, cafeterias, short order
cafes, luncheonettes, delicatessen, bakeries,
grills, reassume, sandwich shops, sada fountains,
bars, cocktail lounges, night clubs, roadside
stands, industrial feeding establishments, private
r public institutions routinely serving foods,
stores, airports, parks, theaters, vacation camps,
or any other catering or -alcoholic drinking
establishments or operations where food is prepared
and served or served farumption on the premises,
or catering establishments ohere food is prepared, o
where foods are
e prepared for vending machines dis-
pessing foods other than in original sealed packages.
3.2 Section 1, subsection B be amended by adding the
the following:
31. ROADSIDE VENDORS are persona who sell, offer
for sale, hold, buy, transport,
ea for
retail purposes,shellfish, scallopsand fish
from a vehicle or other mobile facility.
32. SCALLOP means sea scallop, Placopecten magellanicus.
33. SHELLFISH means claim, quahogs, oysters and mussels
and includes shellstock and sbmked shellfish.Shell-
stack means shellfish which have not been removed from
e
their shells. Shucked shellfish m shellfish o
parts thereof which have been removed fromtheir shells.
2
34. FISH means all finfiab, squid, and shrimp, or other
marine mal, except lobsters, crabs, shellfish,
Gallops and marine worms. Finfish means
ed any cold-
bloodmarine animal having permanent and fins,
35. LOBSTER
-_,m¢ops a crustacean of the genusa Humerus
- americanus. hating acres
means sand, blood and --
' clam worms..
3.3 Section 7,. subsection J (4)(a) is amended by. adding the
following:
poisonous
rtoxic materials which a set out as bait
for rodentssball be contained in secure spill -proof
3.4 A new Section 14 is added as follows:
SECTION 14 ROADSIDE VENDORS
14.1 Restrictions . Every roadside vendor operating in
the City of Bangor shall meet and
comply continuously with the following requirements:
14.1.1 Handwashing.- each roadside vendor shall
have a closed container from which potable
water can be obtained through a spigot device
for handwashing. Handsoap and a supply of
single -service towels shall be available at
all times.
.14.1.2 Vehicle - all vehicles used for transporting
or holding of shellfish, scallops and fish or
from which shellfish, scallops and fish are
ended must meet the following requirements for
construction and thermal protection:
14.1.2a Vehicle body:
1) The exterior shall be of a material which
can be, keit clean. -
2) If shellfish, scallops and fish are held
or transported more than two (2) hours,
all vehicle bodies shall be insulated - sides,
top, bottom, with a nombsorbing insulating
material.
8) The vehicle Interior shall be of wood or
metal. All joints must be water -tight. Wood
shall be sealed to a height of 4 to 6 inches
up the sides, and all of the floor must be
sealed to prevent absorption of water and
Juices. The remainder of the interior may be
painted with a non-toxic paint.
4) Doors or a door, which effectively closed
the vehicle body from dirt and retains the
-
refrigeration shall be used.
5) Drainage shall be provided by a down spout -
to remove melt vapors, juices or wash waters.
Discharge to city streets, esplanades, and
grounds Is prohibited.
+ Sec, 4 Permits, It shall be unlawful for any person to operate any food
establishment regulated under this ordinance within the
City of Bangor without a permit for such purposes Issued by the
City Health Officer. No permit shall be issued until the premises
to be licensed is found by the Health Officer to be in compliance
with the requirements of this ordinance. Such permit shelf be posted
in a conspicuous place and shall remain In full force and effect until
either voluntarily returned to the Health Officer by the establishment
owner, or until revoked, after hearing, by the Health Officer for a
violation of this ordinance.
4.1 Temporary Suspension of Permits. Such permits may be
temporarily suspended, o
revoked after hearing, by the Health Officer upon determination
of a violation by the Health Officer or his duly authorized
representative of the terms of this ordinance.
4.2 Aoaeal . Any applicant for, or holder, of a permit under
this ordinance may appeal any action of the
Health Officer to the City Council. The Council shall hold
a public hearing on the matter within 14 daysaafter receipt of
notice of such appeal. Such appeal shall be in writing and
filed with the City Clerk and the Health Officer. The Health
Officer shall be present at such hearing. The City Council,
after such hearing, shall take action by C&y, cftrunnml�O. der in
which they uphold, modify or reverse the action of the Health
Officer.
Sec. 5 Enforcement. It shall be the :duty of the Health Officer, or his
duly authorized representative, to enforce and
administer the standards established by this ordinance.
Statement of Fact: The purpose of this Ordinance is to update the City's
so-called Restaurant Code. Under the new proposal, State regulations relating
to various types of food establishments would be adopted by reference. This
would eliminate any possible conflicts or inconsistencies between our local
ordinances and the State regulations. In addition, the new Code will deal with
roadside vendors of shellfish, scallops and fish. Currently such sales are not
regulated by either State or local legislation. Finally, H this Ordinance is
adopted, inspections done by the City's Health Department will serxe as the
Mats for the issuance of the various State licenses under 22 MRSA s 2499.
••• 233 %
Introduced by Cwnc ilon:Bwcy, April 23, 1979
,u CITY OF BANGOR
(TITLE.) Mrbin=rea. Amaadixw-Chapter v.. Article 2 of .thp....ardimneea Pi. the
He u ordaiacd by age pry Council of Cityol8anyor, asmInva:
THAT the provisions of Chapter V, Article 2 of the Ordinancesof the City
of Bangor are hereby repealed and replaced with the following:
CHAPUR V
ARTICLE 2 - FOOD ESTABLISEVENTS
Sec. 1 Title. This ordinance shall be referred to and shall be cited
as the 'Mood Establishment ordinance of the City of
Bangor.a
Sec. 2 State of Maine Rules and Regulations Mooted. In accordance with
30 HBSA § 2156,
Parts II and III, of the "State of Heine Rules and Regulations
Heisting to Catering Establishments, Establishments Preparing
Foods fox Vending MachinesSDIspensing Food Other Than In Original
Sealed Packages, Eating and Lodging Places, Recreational and
Overnight Camps" as approved and adopted by the State of Maine
Department of Health 5 Welfare (sea known as the Bepartmmt of
Human Services) on November 16, 1932 are hereby adopted and
incorporated in the Ordinances.;;,ff the City of Cargos by reference,
except as modified below, as if more fully set forth herein.
Set. 3 Modifications to Published Version The State of Maine Rules
and Regulations adopted by
reference in Sec. 2 above, are mod filed as follows:
3.1 Part II, Section 1, Subsection 1.4 is delered and replaced
with the following:
1.4 EATING ESTABLISIPE T means any place where
food or drink is prepared and served, o
served to the public for consumption onoff
the premises, o e
catering establishments,
or establishments dispensing food from
vending machines, or establishments preparing
foods for vending machines dispensing foods other
than in original sealed packages, such as hotels,
motels, boarding homes, restaurants, mobile eating
places, coffee shops, cafeterias, short order
cafes, luncheonettes, delicatessen, bakeries,
grills, tearooms, sandwich shops, soda fountains,
bars, cocktail lounges, night clubs, roadside
stands, Industrial feeding establishments, private
r public institutions routinely serving foods,
stores, airports, parks, theaters,v cation camps, -
or any other catering or vont-alcoholic drinking
establishments or operations where food is prepared
and served or served fornnsumption an the prem e
or catering establishments where food is prepared, or
where foods are prepared for vending machines dis-
pensing foods other than in original sealed packages.
3.2 Pgrt II, Section 1 is amended by adding the following:
1.4.4 RduSSIPE ve=nd are persons who sell, offer
for sale, hold, buy, transport, or serve for
retail purposes, shellfish, scallops and fish
from s vehicle or other while facility.
1.7.1 SG lop means sea scallop, Placoneccen maeellanicus.
1.7.2 SHELLFISH means clams, quahogs, oysters and mus sels
and includes shellatock end shucked shellfish.Shall-
stock means shellfish which have not been removed from
their shells. Shucked shellfish means shellfish or
parts thereof which have been removed from [heli shells.
1.7.3 FISH mamas all finfish, squid and shrimp, or other
mal, except lobsters, crabs, shellfish,
scallops n
allopsand marine worms. Finfish mans
any cold-
blooded marine animal having permanent gills and fine.
bobste[ means
®e
crustacean of the gemma Hrus
erica Marine worms means sand, blood aM
clam wormer..
3.3 Parc II, Section 3, Subsection 3.6.5 is modified by adding
the following:
Poisonous r tonic materials which are set out as bait
for rodents shall be contained in secure spill -proof
containers.
3.4 Parc 11, Section 4, Subsection 4.4.12.2 is modified by adding
the following:
Nothing herein shall prohibit the use of commercial dEshweshing
machines utilizing water of a lesser temperature as may be
approved from time to time by the State of Maine Department
of Human Services.
3.5 Part I1, Section 5 is to be amended by adding the
following Subsection 5.4.3a:
5.4.3a If liquor malt beverages are to beserved
in any eating establishment regulated by thin
ordinance, separate toilet facilities shall be
provided for bath male and female patrons.
Water closets and lavatories in each separate
toilet facility shall be provided according to
the following table:
Number of Patrons Male Female
1 to 49 1 1
50 to 99 2 1
loo to 149 3 2
150 to 199 4 2
200 to 249 5 3
250 to 300 6 3
When the number of patrons axceeds 300, the
ratio shall be one (1) water closet and lavatory
per each additional 100 patrons of each sex.
Special urinals may be provided in lieu of water
closets, but such special urine Is may not be used
in place of more than one-third (1/3) of the
required number of water closets.
3.6 Pact IL, 5atltag 721s tribe amended by adding a new
Subsection LA, as follows:'
FgTFi sII I I II
7A.1 Restrictions. Every roadside vendor operating in
the City of Bangor shall meet and
comply continuously with the following requirements:
7A.1.1 Handwashine - each roadside vendor shall
have closed container from which potable
water ams be obtained through a spigot device
for hendwsahing. Handsoap and a supply of
single-aervice Covets snail be available at
all time.
7A.1.2 Vehicle - all vehicles used for transporting
or holding of shellfish, scallops and fish or
from which shellfish, scallops and fish are
vended must meet the following requirements for
construction and thermal protection:
1A.1.2a Vehicle body:
l) The exterior shall be of a material which
an be kept clean.
2) If shellfish, scallops and fish are
held or transported more than two (2)
hours, all vehicle bodies shall be
insulated - sides, top, bottom, with a
aonabsoxbing insulating material.
3) The vehicle interior shall be of wood a
metal. All joints must be water -tights Wood
shall be sealed to a�height of 4 to 6 inches
up the sides, and all of the floor must be
Baled to prevent absorption of water and
juices. The remainder of the interiarmey
be painted with a non-toxic paint.
4) Doors or adoor, which effectively closes
the vehicle body from dirt and retains the
refrigeration shall be used.
5) Drainage shall be provided by a down spout
- to remove melt vapors, juices or wash
waters. Discharge to city streets, esplanades,
and grounds is prohibited.
7A.1.2b Thermal Protection; When shellfish,
Gallops and fish are held in the vehicle
and/or transported more than two (2) hours,
thermal protection shall be provided to
protect the shellfish, scallops and fish
from heat or freezing. A temperature
between 250 and 450 F. mast be maintained
within the shellfish, scallops and fish
bolding area during the entire period of
transport
r
o shipping. Thermometers are
required in all refrigeration unite.
Sec. 4 Permits, It shall be unlawful for my person to operate any Tend
establishment regulated under this ordinance within the
City of Bongo[ without a permit for such purposes issued by the
City Health Officer. No permit shall -tie issued until the premises
to be licensed is found by the Health Office[ to be in compliance
with the requirements of this ordinance. Such permit shall be posted
in a conspicuous place and shall remain in full force ani effect until
either voluntarily returned to the Health Officer by the establishment
til revoked, after hearing, by the Health Officer for e
owner,
until
of this ordinance.
4.1 Temporary Suspension of permits. Such permits may be
evoked after hearin 'by the Health Officer waansuspended,
determination
of a violation by the Health Officer or his e. authorized
representative of the "farms of this ordinance.
4.2 Appeal. Any applicant for, or holder, of a permit
under this ordinan may appeal any action
of the Health Officer to the City Council. The Council
shall hold a public hearing on the matter within 14 gays
after receipt of notice of such appeal. Such appealdtall
be in wricing and filed with the City Clerk and the Health
Officer. The Health Officer shall be present at such
hearing. The City Council, after such hearing, shall take
action by City Council Order in which they uphold, modify
or reverse the, action of the Health Officer.
Sec. 5 enforcement. It shalt be the duty of the Health Officer, or his
duly authorized crepresentative, to enforce and
administer the standards established by this ordinance.
Statement of Pact; The purpose of this Ordinance is to update the City's
so-calledant Code. Under the new proposal, State regulations relating
to various types of food establishments would be adopted by reference. This
would eliminate any possible conflicts or inconsistencies between our local
ordinances and the State regulations. In addition, the new Cede will deal with
roadside vendors of shellfish, scallops end fish. Currently such sales are not
regulated by either State or local legislation. Finally, If this Ordinance is
adopted, inspections done by the City's Health Department will serve as the basis
for the issuance of various State licensee under 22 MRSA S 2499
233 AG
IN CITY COUNCII, APRS 23.1979 ORDINANCE
�j REFERED TO CODE AND ORDINANCE
COMMITTEE CONSIDER NEXT NEETING (TITLE,) ANKMING CBAPTER Y. ARTICLE 2
of the of the city a Bangor -
id4.rm.Cf/.GMCFMwr Food establishments
CITY CLERK
Rami %ties
In City Coanall May ]4�.,yj,999
oagider 2nd Nest ivg �ene
Ccvme Timm
This cvdtmrrce is ctrl tly eqAwsad
City Glexk - -
In City Council June 25s1979 '
Amended By BubstitutuieR
Consider let meeting in -- -
Auguat-
Ovvtitee m
BT@rmse3 odtrimces.
ulg�
y Viermy
IN CITY COUNCIL
'Augast 13, 1979 - -
Passers tf the following yea and ,.
no vote. Cowcilora voting yes; - -
Paldacci, arountas, Gass, mcKainan,
Scots, Willey, Woad and ZeMzian.
UCw lOC Weymouth absent.
C���i y C}£mPR