Article V – Restaurants

[HISTORY: Adopted by the Board of Supervisors of Appomattox County as indicated in article histories. Amendments noted where applicable.]

[Adopted 2-6-1989 (Ch. 129, Art. I, of the 1993 Code)]

§ 11.5-1 Purpose.

The purpose of this article is to require uniform inspections of food preparation facilities.

§ 11.5-2 Applicability.

This article governs all persons and places within the County of Appomattox, Virginia, that prepare food for resale.

§ 11.5-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:

RESTAURANT

Any of the following:

A. Any place where food is prepared for service to the public on or off the premises or any place where food is served. Examples of such places include but are not limited to lunchrooms, short-order places, cafeterias, coffee shops, cafes, taverns and delicatessens, regardless of whether food is prepared for consumption on or off the premises, dining accommodations of public or private clubs, kitchen facilities of nursing homes and dining accommodations of public and private schools. This definition includes the delicatessen portions of grocery stores selling exclusively for off-premises consumption. Excluded from the definition are places manufacturing packaged or canned foods which are distributed to grocery stores or other similar food retailers for sale to the public.

B. Any place or operation which prepares or stores food for distribution to persons of the same business operation or of a related business operation for service to the public. Examples of such places or operations include but are not limited to operations preparing or storing food for catering services, pushcart operations, hot dog stands and other mobile points of service. Such mobile points of service are also deemed to be restaurants unless the point of service and of consumption is in a private residence.

§ 11.5-4 Enforcement.

[Amended 6-5-1995]

This article shall be enforced by the Virginia Department of Agriculture and Consumer Services.

§ 11.5-5 Compliance with State Board of Health regulations; temporary food stands.

A. It shall be unlawful for any person to operate any restaurant within the County of Appomattox without complying with the regulations and rules formulated by the State Board of Health for the following subjects:

(1) The safe and sanitary maintenance, storage, operation and use of equipment.

(2) The sanitary maintenance and use of a restaurant’s physical plant.

(3) The safe preparation, handling, protection and preservation of food, including necessary refrigeration or heating methods.

(4) Procedures for vector and pest control.

(5) Requirements for toilet and cleansing facilities for employees and customers.

(6) Requirements for appropriate lighting and ventilation not otherwise provided for in the Uniform Statewide Building Code.

(7) Requirements for an approved water supply and sewage disposal system. Persons conducting active business on the date of enactment of this article do not need to upgrade their water/sewage disposal system. They will need to have current water samples taken and approved. A business opened after the effective date of this article must comply with appropriate regulations for an approved water supply and sewage disposal system.

B. Temporary food stands serving County-sponsored functions, such as Railroad Days, etc., must comply with food handling/preservation requirements but are exempt from requirements for rest rooms, running water, etc.

§ 11.5-6 Adoption of state regulations by reference.

[Amended 7-12-1993]

Pursuant to the provisions of §§ 46.2-1313 and 35.1-9, Code of Virginia, as amended, all of the provisions and requirements of §§ 35.1-3, 35.1-4, 35.1-5, 35.1-6, 35.1-7, 35.1-10,35.1-11, 35.1-12, 35.1-14, 35.1-15, 35.1-17, 35.1-18, 35.1-20, 35.1-21, 35.1-22, 35.1-23 and 35.1-24, Code of Virginia, as amended, and in effect on March 1, 1989, are hereby adopted and made a part of this article as fully as if set out herein and are hereby made applicable within the County of Appomattox. References therein to the “State Health Commissioner” shall be deemed to refer to the Regional Health Director or his duly authorized representatives. It shall be unlawful for any person within the County of Appomattox to violate or fail, neglect, or refuse to comply with any section of the Code of Virginia which is adopted by this article.

§ 11.5-7 Violations and penalties.

[Added 7-12-1993]

A violation of this article shall constitute a Class 1 misdemeanor.