HomeMy Public PortalAboutOutdoor Cafe RegulationsTOWN OF BREWSTER
2198 MAIN STREET
BREWSTER, MA 02631
PHONE: (508) 896-3701 EXT 1120
FAX: (508) 896-4538
BRHEALTH@TOWN.BREWSTER.MA.US
OFFICE OF
HEALTH DEPARTMENT
Supplement to 105 CMR 590.000 Minimum Sanitation Standards for Food Establishments State
Sanitary Code, Article X
REGULATIONS FOR THE OPERATIONS OF OUTDOOR CAFES
The following regulation is promulgated by the Town of Brewster Board of Health, in accordance with the provision of
Chapter 111, Section 31, as amended, of the Massachusetts General Laws. The applicant shall refer to the State
Sanitary Code for basic requirements.
Definition-Outdoor Café – an open air dining facility that provides wait service. A take-out food establishment with
picnic tables is not considered an outdoor café in this regulation.
Section I- Preliminary Review
A) An application must be submitted and approved by the Building Inspector.
B) Sufficient restrooms, both for customers and employees, counting the additional outside seating must be
furnished. As required by the State Plumbing Code, the number of restrooms furnished must be adequate for
employees (and customers) both inside and outside.
C) The sub-surface sewage system must be determined adequate by the Board of Health for the total seating
capacity of the establishment according to 310 CMR 15.00 of the State Environmental Code, Title 5: Minimum
Requirements for Sub-surface Disposal of Sanitary Sewage.
D) Seating capacity shall be determined by the Board of Health or its agent after submission of plans and visual
inspection.
Section II – Food Protection
A) The licensee must comply with all applicable federal, state and Brewster Board of Health regulations and
operation of the outdoor dining area shall not be detrimental to the health, safety, or welfare of persons residing
or working in the vicinity.
B) Food and beverages will not be stored outside. No open keeping or storage of used dishes, utensils or food
scraps is permitted. Self-closing outside trash containers must be easily accessible to the dining area.
C) All food preparation areas must be enclosed to protect against the entrance of rodents, flies, roaches, and other
vermin. Open air cooking is not allowed.
D) Food handlers must have easy access to hand wash sinks, clean cloths, and to sanitizing solution.
E) Effective hair restraints, such as hats covering exposed hair shall be worn by all wait staff. Beards and
mustaches must be neatly trimmed.
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Section III – Dining Area
A) The outside dining area must be part of the restaurant property whether leased or owned. The outside dining
area must be mentioned on the described premises as in the case of a Common Victualler’s License.
B) Doors from the restaurant to the outdoor dining area must be self-closing.
C) The outside dining area must be set back ten (10) feet from the property line, sidewalk or public access (parking
lots, etc.). A divider, such as a small fence, shrubs, etc. must mark the designated setback.
D) The floor of the patio or the dining area surface must be of such construction or material as to be readily
cleanable and not to be susceptible to inordinate amounts of dust, mud or debris. (brick, tile, concrete or similar
type washable surface, would be examples of acceptable material)
E) A self-contained drainage system will be required for all outside dining areas. Conveniently located hose bibs
must be available for washing down the dining area.
F) Table tops must be so designed and of such material and workmanship as to be smooth, non-porous, easily
cleanable and durable and shall be in good condition to be readily maintained in a clean and sanitary condition.
G) No animals, except service animals, are allowed in the outdoor dining area.
H) The outdoor dining area must be accessible to the disabled and the licensee must at all times comply with all
applicable federal, state and town bylaws concerning accessibility and non-discrimination in the providing of
services.
I) The outdoor dining area cannot obstruct any fire exit, fire escape or other required ingress or egress.
J) The placement of furnishings for the outdoor seating area and its operation cannot obstruct access to public
property such as taxi stands, bus stops, crosswalks, mailboxes, curb cuts or parking spaces, or obstruct necessary
access to any fire hydrant, fire escape or fire door, or obstruct the clear view of any traffic signal, regulatory sign
or street sign.
Section IV – Housekeeping
A) The establishment shall be responsible for cleanliness of the outside dining area.
B) Food service personnel must continuously monitor the dining area for paper and other trash. Placement clips,
cup holders and other such devices must be utilized to prevent blowing paper.
C) No electrical appliances or conductors, open flame devices, spillable petroleum, products or other flammable
liquids (other than candles or lanterns of a type approved by the Fire Department) may be placed or kept in the
outdoor seating area.
Section V – Garbage and Rubbish Storage and Disposal
A) Trash dumpsters shall be situated no closer than fifty (50) feet from an outside dining area. If such dumpster is
in the line of sight from the dining area, it must be hidden from view by a stockade or other such fencing.
Section VI – Penalties
Any person who shall fail to comply with an order issued pursuant to the provisions of these regulations upon correction
is subject to the same fines prescribed in Section 595.039 of Article X of the State Sanitary Code.
Section VII – Invalidation
If any section, paragraph, sentence, clause of phase of the regulations shall be decided invalid for any reason
whatsoever, such decision shall not affect the remaining portion of these regulations, which shall remain in full force and
effect; and to this end the provision of these regulations are hereby declared severable.
Adopted: December 1, 1982
Amended: June 25, 1985
Amended: April 20, 2010
Effective: Upon Publication
Amended: January 22, 2013
Joanne Hughes, Chairman
Lemuel Skidmore, Vice Chairman
Keith Johnson
Mary Chaffee
Annie Sherwood
Town Clerk