Chapter 8.16


8.16.010    Sale of spoiled food.

8.16.020    Cleanliness of facility used for sale of food.

8.16.030    Open air sale of food location restrictions.

8.16.040    Water supply—Utensils.

8.16.050    Protection of food from flies.

8.16.060    Certificate of sanitation required for eating establishments.

8.16.070    Meat staples.

8.16.080    Polystyrene food-service ware and packaging.

8.16.090    Outdoor cafes on public sidewalks.

8.16.010 Sale of spoiled food.

No person shall knowingly sell or cause knowingly to be sold or knowingly offer for sale any impure, diseased, decayed or unwholesome article of food. A violation of this section is a Class C offense. (Prior code § 4-33)

8.16.020 Cleanliness of facility used for sale of food.

A.    Every person owning, renting, leasing or occupying any stall, room or stand where meats, fruits or vegetables are sold for food within the City shall keep the stall, room or stand in a clean condition.

B.    No person shall allow any meats, fruits or vegetables to become poisoned or infected or unfit for food by reason of unclean conditions of the stall, room or stand.

C.    A violation of this section is a Class C offense. (Prior code § 4-34)

8.16.030 Open air sale of food location restrictions.

A.    No person shall expose any fresh vegetables, meats, fruits or dairy products or other perishable foods for sale outside the confines of any building:

1.    Within 18" from the surface of the ground.

2.    Within 24" of the sidewalk, or dedicated line of the street if there is no sidewalk.

B.    A violation of this section is a Class C offense. (Prior code § 4-35)

8.16.040 Water supply—Utensils.

A.    No person shall use any premises or part thereof for the preparation, manufacture or storage or for sale or the offering for sale, exchange or delivery, of any food, drink, confectionery or condiment for humans unless:

1.    The premises is provided with running water or other proper water supply if running water is not available;

2.    All necessary facilities, apparatus, utensils and materials used in connection with the sale of the food and for the proper cleansing of the hands of all the persons employed therein is not available.

B.    A violation of this section is a Class C offense. (Prior code § 4-36)

8.16.050 Protection of food from flies.

A.    Every manager of a store, market, dairy, cafe, lunch room or other place in the City where food, beverage, confectionery or any similar article is produced or offered for sale shall cause it to be screened effectually, or effectually protected by a power-driven fan or fans, or under adequate refrigeration.

B.    The above requirements are to prevent flies and other insects from obtaining access to the food, beverage, confectionery or other article, and to keep them free from flies and other insects at all times.

C.    A violation of this section is a Class C offense. (Prior code § 4-37)

8.16.060 Certificate of sanitation required for eating establishments.

No restaurant, oyster house, cook shop, ice cream parlor, dairy lunch or eating house, by whatever name designated, where prepared food, meals or other refreshments are served to transient customers, shall be established, maintained or continued without a certificate that the premises are in a proper sanitary condition to conduct this business. The certificate shall be obtained from the health officer having jurisdiction over that location. A violation of this section is a Class C offense. (Prior code § 4-38)

8.16.070 Meat staples.

No person shall tag or mark meat intended for sale by metal staples or other similar devices, inserted therein less than 2" in length or breadth. A violation of this section is a Class C offense. (Prior code § 4-39)

8.16.080 Polystyrene food-service ware and packaging.

A.    Definitions.

1.    “Food-service facility” means any enterprise within the City of Takoma Park that prepares or sells food or drink for human consumption on or off premises. Food-service facility includes, but is not limited to:

a.    Any restaurant, coffee shop, bakery, retail market, cafeteria, take-out counter, food truck or stand, sidewalk or festival vendor or temporary stand, commercial kitchen, grocery store, convenience store, and catering operation; and

b.    Any food-service facility in an institution, hospital, club, school, church, park or public building, meeting or convention facility, or camp.

2.    “Polystyrene” means a thermoplastic petrochemical material utilizing the styrene monomer, including but not limited to polystyrene foam or expanded polystyrene, processed by any number of techniques, including but not limited to fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding, or extrusion-blow molding (extruded foam polystyrene), and clear or solid polystyrene (oriented polystyrene). The recycle code for polystyrene is “6” or “PS,” either alone or in combination with other letters. This definition applies to all polystyrene food-service ware and packaging, regardless of whether it exhibits a recycle code.

B.    Materials covered by this section include:

1.    Food-service ware such as utensils, cutlery, tableware, cups, lids, and plates, with which food or drink comes in contact during storage, preparation, service, or consumption.

2.    Food packaging such as bags, boxes, wrappings, trays, “clamshell” containers, bottles, and other containers, with which food or drink comes in contact during storage, preparation, service, or consumption.

C.    Effective July 1, 2015, food-service facilities as defined in subsection (A)(1) of this section may not use polystyrene-composed packaging or food-service ware described in subsection (B) of this section when providing foods for on-site or take-away consumption, including via resale.

D.    The City of Takoma Park shall not purchase any covered materials, nor shall any City sponsored event use covered materials. No person using City of Takoma Park premises or facilities pursuant to the City’s community use of public facilities program shall use covered materials at City premises or facilities.

E.    Food-service facilities are encouraged to use durable, reusable, nonpolystyrene food-service ware for on-site dining and to minimize packaging and use durable, reusable packaging materials, or recyclable or compostable materials when using disposable packaging.

F.    This chapter does not prohibit the sale or use of the following products:

1.    Polystyrene-packaged uncooked meat, fish, poultry, or seafood for off-premises preparation and consumption;

2.    Factory-sealed, aseptically-packaged shelf-stable foods;

3.    Polystyrene-packaged raw eggs; and

4.    Polystyrene coolers and ice chests.

G.    Food-service facilities may request a waiver, of fixed duration not more than two years, allowing specific uses of specific food-service ware or packaging. The uses and specific service ware or packaging must be listed in the waiver request with a statement explaining the safety or health reasons or lack of nonpolystyrene alternatives or other hardship conditions that justify a waiver.

H.    The City Manager is authorized to extend a date of compliance if the business owner or operator, or institutional director or food-service manager, requests an extension prior to the applicable date of compliance and demonstrates that he or she, despite best efforts, cannot comply with the requirements set forth in this section.

I.    The City Manager shall identify or prepare, and then periodically disseminate, materials that educate owners and operators of food-service facilities and the operators of City festivals and events about the restrictions of this section and the deleterious health and environmental consequences of polystyrene use in food-service ware and packaging, and that describe non-polystyrene alternatives, especially durable, reusable materials. Educational materials may take the form of pamphlets and brochures, whether produced and distributed on paper or electronically, and classes and seminars, involving City staff, non-City governmental agencies, community and advocacy groups, and other resources.

J.    Commencing July 1, 2015, violation of this section shall constitute a Class C offense. Each day a violation occurs constitutes a separate offense. (Ord. 2014-62 § 1, 2014)

8.16.090 Outdoor cafes on public sidewalks.

A.    The purpose of this section is to further the City’s efforts to increase the economic vitality of its business districts. The outdoor cafes will stimulate additional pedestrian traffic and provide a service that will complement the existing commercial uses within the district.

B.    Definitions.

1.    “Food service facility” is defined as a licensed facility such as a restaurant, coffee shop, cafe, food trucks, retail market or similar business in which food or drink is prepared for sale or for service on the premises or elsewhere, or any other operations where food regularly is served or provided for the public with or without charge.

2.    “Public right-of-way” is defined as property owned by the City or over which the City has the right of access for the purposes of building and maintaining a street or sidewalk, curb and gutter, storm sewers and underground utilities. A public right-of-way includes but is not limited to a public street, on-street parking area and sidewalk.

C.    The use of public right-of-way for outdoor cafes shall be permitted subject to the following conditions:

1.    The use of the public right-of-way for an outdoor cafe shall be permitted incidental to the operation of a food service facility located on private contiguous property and may extend beyond the width of the storefront of the food service facility with the written consent of the adjoining property owners within the extended cafe area. In the event the outdoor cafe area is not contiguous to the food service facility, it must be located within 25 feet of the storefront of the associated food service facility;

2.    Execution of a lease agreement with the City to run concurrently with the outdoor cafe permit;

3.    Compliance with all City, County, State and Federal laws and regulations; and

4.    Compliance with any conditions imposed by the City in connection with the issuance of an outdoor cafe permit.

D.    Permit Requirements, Permit Fees, and Denial, Suspension or Revocation of Permits.

1.    Food service facilities seeking to establish an outdoor dining area in the public right-of-way are required to obtain an outdoor cafe permit prior to the establishment of the dining area. Farmers’ markets and special event vendors are exempted from the requirements of this chapter.

2.    Outdoor cafe permits are not transferable. In the event of the transfer of ownership of the food service facility, the new owner must reapply for a permit.

3.    The City may require temporary or permanent suspensions or modifications to a permit as necessary to perform repairs and maintenance in the right-of-way, facilitate crowds, or otherwise promote the public health, safety, and welfare of the community.

4.    The City may suspend or revoke a permit for violations of this section, conditions of the permit, or other applicable City, County, State or Federal law.

E.    Regulations. The City shall develop regulations for the implementation and enforcement of this section, which may include, but not be limited to, permit modification, renewal and revocation procedures, application fees, annual permit fees, calculation of annual fee increases, right-of-way lease terms and conditions, insurance and indemnification requirements, City approval of alcohol sales, City-imposed limitations on hours, additional permit criteria and standards, and prohibited activities.

F.    Violations. A violation of this section is a Class AA offense. (Ord. 2018-8 § 1, 2018)