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6/17/2004 BOARD OF HEALTH Minutes
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6/17/2004 BOARD OF HEALTH Minutes
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Mashpee_Meeting Documents
Board
BOARD OF HEALTH
Meeting Document Type
Minutes
Meeting Date
06/17/2004
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3 <br /> :y <br /> figure out. The restaurants in question in question right noir have <br /> exceeded their permitting and permitted seating. That was in violation of <br /> the Federal Feed code and the Massachusetts Food code and ultimately <br /> Title V. The Federal Feed Code limits their first offense to $100.00 and if <br /> they do it again it was limited to $500-00. He didn't know anywhere in the <br /> food code that they had a one time or successive violations that they <br /> could actually reduce their sews as part of their penalty. <br /> Ms. Grady asked him if they would reduce their seats from ghat they were <br /> permitted,for. <br /> Mr. Harrington confirmed that that was correct. <br /> Nis. Grady asked what their permanent seat numbers were at this time. <br /> Ir. Darrington stated that carbo's had 70 seats, 65 seats for Michelle's <br /> and 80 seats for Michael's/ iovanni's. <br /> Ms. Grandy re-iterated that that was what the board had permitted. <br /> Mr, Darrington confirmed that that was correct. <br /> Mr. Sall stated that they currently had carbo's at 80, Michell "s at 65 and <br /> Michael's/ iovanni's at 80. <br /> Ms, Grady stated that the only erre currently exceeding the original <br /> permitting was Carbols by 8 seats. <br /> Mr. Harrington disagreed that during the health agents' inspections the <br /> have exceeded their permitted counts,, At that point it was a violation and <br /> the beard could tape action upon these violations, But, within their <br /> jurisdiction and within the jurisdiction of the food code and the <br /> Massachusetts Food code, the penalty was $100.00 the first time and up <br /> to $500.00 the second and subsequent penalties after that, He didn't think <br /> that within the board's jurisdiction could they actual reduce below their <br /> permits, if the board actually voted to reduce their seats beyond their <br /> permitted seats, they could fight it as a hardship. A hardship was the <br /> basis of a variance. Another part of it was "revocation and suspension" of <br /> the permit. Revocation and suspension of the permit can only be done if <br /> there was ars imminent hazard. it would be a far cry to say that if two or <br /> three extra people sitting in a place it was ars imminent hazard. if the <br /> beard wanted to go that route and then re-issue a permit with less seats, <br /> It would be on pretty thin ice. He was just trying to go through all the <br /> different scenarios, which pretty much covered the restauranteuirs, If <br /> permitting -mistakes were made in the past by the board, they occurred <br /> 4 <br />
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