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MUNICIPAL COUNCIL OF MAVOKO
(RESTAURANT, EATING HOUSE AND SNACK BAR)
BY-LAWS 2009
LOCAL GOVERNMENT ACT
CAP 265
THE MUNICIPAL COUNCIL OF MAVOKO
(RESTAURANT, EATING HOUSE AND SNACK BAR)
BY-LAWS 2009
IN EXERCISE of the powers conferred by Sections 201 and 161 of Local Government Act Cap 265, the Municipal Council of Mavoko hereby makes the following By-laws;-
THE MUNICIPAL COUNCIL OF MAVOKO
(RESTAURANT, EATING HOUSE AND
SNACK BAR) BY-LAWS, 2009.
PART 1
INTRODUCTORY
Citation 1. The By-laws may be cited as the Municipal Council of Mavoko (Restaurant,
Eating House and Snack Bar) By-laws, 2009.
Interpretation 2. In these By-laws, except where the context otherwise requires-
“Council” means the Municipal Council of Mavoko;
“Food” means any substance suitable for human consumption and
includes any drink but does not include liquor as defined in the Liquor
Licensing Act.
“public officer” means a person appointed as such by the council.
“permitted premises” means premises in respect of which a
permit issued under the provisions of these By-laws is in force;
“medical officer of health” means the person for the time being
holding the office of medical officer of health for the council and
includes his deputy and the Public Health officer and/or the public Health officer.
“Town Clerk” means the person for the time being holding the
Office of town clerk of Municipal Council of Mavoko and includes his deputy.
Restaurant 3. In these By-laws a restaurant includes the following:
a) a restaurant;
b) an eating house;
c) a snack bar;
d) a hotel in which food is sold to any person other than a
resident or his guest;
e) premises used as proprietary clubs that sell food;
f) café;
g) canteen
h) fish and ships
i) mobile food kiosk
PART 11 PERMITS
Permits 4. (1) The permits which may be granted under these By-laws are-
(a) a restaurant license;
(b) an eating house license;
(c) a snack bar permit
(d) café
(2) The provisions of this part shall apply to all permits and the provisions of parts III, IV, and VI of these by-laws shall apply to the permits and premises therein specified.
(3) Subject to the provisions of paragraph (3) of by-law 5 of these By-laws, every permit shall become due to be taken out on the 1st January each year and shall subject to the provisions of by-law 8 of these By-law, expire on the 31st December of the year in respect of which it is issued.
Application 5. (1) An application for a permit shall be made on the form specified in the
for permit single business permit application form.
a) If an application is for the renewal of a current permit, it shall be delivered to the town clerk on or before the 30th September of the year preceding that to which the application relates.
Provided that, upon payment by the applicant of a late application fee as per gazetted fees & charges the town clerk shall accept an application after the 30th September.
b) If an application is for a new permit, it shall be delivered to the town clerk not less than 30 days before the date, which shall be specified in the application, upon which it is desired to commence business.
2) The town clerk may refuse to accept any application, which does not comply with these requirements.
Town Clerk to 6. a) On application being made in accordance with the provisions of by-
Issue permit law 7 & 8 of these By-law, the Town Clerk may issue a permit and
may attach thereto such reasonable conditions as he may think fit.
b) There shall be paid at the time the permit is issued the appropriate
fee prescribed in gazetted fees and charges.
c) Every permit shall be issued under the hand of the Town Clerk or of
such officer of the Council as he may in writing authorize in that
behalf.
Power to 7. The town clerk may refuse to grant a permit upon the advise of medical
refuse to officer of health.
grant permit
Cancellation 8. (1) The town clerk may, by written notice issued to the permit holder,
of permit cancel the permit in respect of any premise if so recommended by the medial officer of health that the premises are, in a condition as to be dangerous to health or liable to contribute to the spread of disease to health or liable to contribute to the spread of disease or do not comply with any of the provisions of these By-laws, and he so advise the town clerk;
(2) Where a permit has been cancelled under the provisions of paragraph (1) of this By-law, the town clerk shall not issue any further permit in respect of the same premises without the applicant first obtaining the approval in writing of the medical officer of health.
Transfer of permit 9. (1) The town clerk may, with the approval of the medical officer of health, on application and subject to the provision of by-laws 7 and 8 of these By-laws and upon payment of gazetted fees and charges transfer a permit from the holder thereof to another person.
(2) No permit may be transferred so as to be made applicable to premises other than those in respect of which the original application was made and the permit issued.
Permit to 10. (1) A license issued to a body corporate shall be issued in the name of the
corporation body to the chief executive officer.
(2) No transfer of a permit issued to a body corporate shall be necessary on any change in the holder of the office of Chief Executive.
Duplicate permit 11. (1) An application for a duplicate permit shall be made in writing to the town clerk and shall set forth details of the permit lost or destroyed and the manner in which it was lost or destroyed.
(2) The town clerk shall, on payment by the applicant of a fee as per the council’s gazetted fees and charge issue a duplicate permit.
Death, bankruptcy 12. (1) In the event of death, bankruptcy or unsoundness of mind of a permit holder, the widow/widower, executor, administrator, trustee or receiver manager or any other person approved by the town clerk in writing to carry on, until the end of the year in respect of which a permit has been issued, the business of the permit holder without any transfer of permit as the case may be.
(2) Every person permitted to carry on a business under the provisions of paragraph (1) of this by-law shall possess all the rights and be liable to all the duties and obligations of the original permit holder under these By-laws.
PART III RESTAURANTS
Restaurants 13. (1) A restaurant license shall authorize the permit holder at premises, the address of which shall be specified therein, to prepare or cook for sale and sell food for consumption.
(2) A restaurant shall comply with the following requirements of this by-law.
a) Dining space – the area available for dining space shall not be less than 700 square feet.
b) In relation to Kitchens.
(i) the floor shall be of an approved impervious material and shall be adequately drained.
(ii) the walls shall be tiled or finished in terrazzo to a height of six feet from the floor and above that height shall be either tiled, finished in terrazzo or rendered with cement plaster brought to a smooth finish and painted with a light coloured washable paint;
c) Cooking shall be done with electricity, gas, coal, anthracite, oil burning or charcoal-burning equipment of an approved type and such equipment shall be sited to the satisfaction of the medical officer of health;
d) An approved means of extracting smoke and fumes shall be provided;
e) At least two suitable sinks of stainless steel with a constant supply of piped hot and cold water connected thereto or there over shall be provided and sited to the satisfaction of the medical officer of health.
f) Without prejudice to the generality of subparagraph (e) of this paragraph, there shall be provided for the cleaning and preparation of vegetables a sink of stainless steel, which shall be situated in a portion of the kitchen suitably, separated from the remainder thereof and used exclusively for the cleaning and preparation of vegetables;
g) A wash hand basin with a constant supply of piped hot and cold water connected thereto or there over, together with soap and a nail-brush and a clean towel or other device for the drying of hands shall be provided in or adjacent to the kitchen for use by persons engaged in the preparation cooking of food.
Sculleries (14) In relation to sculleries.
a) A scullery separated from the kitchen shall be provided in which shall be situated all sinks intended for use in the cleaning of utensils and equipment and din which all such cleansing shall be carried out;
b) The floor shall be of and approved impervious material and shall be adequately drained;
c) The walls shall be tiled or finished in terrazzo to a height of six feet from the floor and above that height shall be either tiled, finished in terrazzo or rendered in cement plaster brought to a smooth finish and painted with a light coloured washable paint;
d) Approved type of apparatus shall be provided for the sterilization of crockery and cutlery;
e) Approved equipment with a constant supply of piped hot and cold water connected thereto or there over shall be provided for the cleaning of all utensils and equipment other than crockery and cutlery.
Sanitary 15. In relation to sanitary conveniences-
conveniences
a) Sufficient sanitary conveniences and wash hand basins shall be provided to satisfy the provisions of the fourth schedule to these By-laws.
b) Sanitary conveniences for use by customers shall be approached from within the premises through an intervening ventilated space and separate provisions shall be made for persons of each sex;
c) Wash hand basins with a piped supply of water connected thereto or there over, together with soap and a clean towel or other device for the drying of hands shall be provided for use by customers.
Miscellaneous (16) Miscellaneous requirements.
a) Adequate refrigerated store space shall be provided and maintained for the storage of food.
b) A sufficient number of refuse receptacles with properly fitting lids shall be provided;
c) A changing room shall be provided where employees shall remove and store outdoor clothing and there shall be provided, in connection with such room, shower facilities and wash-hand basins with a constant supply of piped hot and cold water connected thereto or there over together with soap, a nail-brush and a clean towel or other device for the drying of hands;
d) Access shall be provided to a yard of a size which in the opinion of the medical officer of health is sufficient for the servicing of the premises;
e) At least one room of adequate size shall be provided for the sole purpose of storing food and such room shall be adequately lighted, ventilated and rendered rodent proof;
f) Dust proof ceilings shall be provided in all rooms where food is prepared or stored;
g) A constant supply of pure and wholesome water shall be provided;
h) Secondary means of access to the premises shall be provided and maintained.
PART IV – EATING HOUSES
Eating houses 17. 1) Subject to the provisions of paragraph (2) of this By-law, an eating-
house permit shall authorize the permit holder at premises, the
address of which shall be specified therein, to prepare or cook for
sale and sell food for consumption.
2) An eating house shall comply with the following requirements of this by-law:-
(a) dining space – the area available for dining space shall
be adequate.
(b) yard space – a yard space of an approved size, the use
of which is exclusive to the premises, shall be provided.
(3) In relation to kitchens-
(a) A kitchen shall be provided which shall be separate from the dining room and be of an area of not less than 10 square feet;
(b) The floor shall be of an approved impervious material and shall be adequately drained;
(c) Cooking shall be done with electricity, gas, coal, anthracite, oil burning or charcoal-burning equipment of an approved type;
(d) An approved means of extracting smoke and fumes shall be provided;
(e) The walls shall be finished in smooth cement plaster or other approved material and painted with a light coloured washable paint;
(f) At least two suitable sinks of stainless steel with a constant supply of piped hot and cold water connected thereto or there over shall be provided in approved positions, one of which shall be used solely for the cleaning and preparation of vegetables;
(g) A wash basin with a constant supply of hot and cold water connection thereto or there over, together with soap, a nail brush and a clean towel or other device for the drying of hands shall be provided in or adjacent to the kitchen for use by persons engaged in the preparation or cooking of food.
(4) In relation to sculleries-
(a) A scullery, separated from the kitchen shall be provided in which shall be situated all sinks intended for use in the cleansing of utensils and equipment and in which all such cleansing shall be carried out;
(b) The floor shall be of an approved impervious material and shall be adequately drained.
(5) In relation to sanitary conveniences-
a) sufficient sanitary conveniences shall be provided to satisfy the provisions of the first schedule to these By-laws;
b) sanitary conveniences shall be provided and separate provisions shall be made for persons of each sex and, where approached from within the premises, such conveniences shall be entered through an intervening ventilated space;
c) wash hand basins with a piped supply of water connected thereto or there over, together with soap and a clean towel or other device for the drying of hands, shall be provided for use by customers.
(6) Miscellaneous requirements-
a) at least one room of adequate size shall be provided for the sole purpose of storing food and such room shall be adequately lighted, ventilated and rendered rodent proof;
b) adequate storage space for employees outdoor clothing shall be provided;
c) adequate refrigerated storage space for food shall be provided and maintained;
d) a sufficient number of refuse receptacles with properly fitting lids shall be provided;
e) dustproof ceilings shall be provided in all rooms where food is prepared or stored;
f) a constant supply of pure and wholesome water shall be provided;
g) a secondary means of access to the premises shall be provided and maintained.
PART V –SNACK BARS/CAFES
Snack bar licence 18. (1) A snack bar license shall authorize permit holder at premises, the
address whereof which shall be specified therein, to prepare for sale and sell for consumption in the premises the following:
a) hot or cold drinks;
b) boiled or poached eggs;
c) tinned foodstuff prepared for consumption solely by the immersion of the tin in hot water;
d) cold pies and cooked meats including a dish known as hot dog;
e) bread, including toast;
f) biscuits, cakes and pastries; and
g) any other food which is consumed uncooked.
(2) A holder of a snack bar permit who sells or permits the sale of food of a type other than those specified in paragraph (1) of this by-law for consumption on the permitted premises shall be guilty of an offence under these By-laws
Snack bars 19 A snack bar shall comply with following requirements of this by-
laws:
(1) the floor shall be of an approved impervious material and shall be adequately drained.
(2) in relation to sanitary conveniences;
a) sanitary conveniences and wash basins with a piped supply of hot and cold water connected thereto or there over together with soap, a nail-brush and a clean towel or other device for the drying of hands shall be provided for use by persons employed on the premises;
b) sanitary conveniences separate from those required by the provisions of subparagraph (a) of paragraph (2) of this by-law shall be made available for use by customers and separate provisions shall be made for persons of each sex and, where approached from within the premises, such conveniences shall be entered through an intervening ventilated space.
(3) Miscellaneous requirements:
a) at least two suitable sinks of stainless steel supplied with hot and cold water shall be provided, sited in approved positions;
b) no heating apparatus other than one using electricity or gas shall be used in the preparation of food;
c) a sufficient number of refuse receptacles with properly fitting lids shall be provided;
d) the walls shall be finished in smooth cement plaster or other approved material and shall be painted with a light coloured washable paint;
e) adequate refrigerated storage space shall be provided and
maintained for storage of food;
f) approved storage space for foodstuffs, suitable lighted ventilated and rendered rodent proof shall be provided;
g) adequate storage space for employees’ outdoor clothing shall be provided;
h) access shall be provided to a yard of a size which in the opinion of the council is sufficient for the servicing of the premises;
i) dustproof ceiling shall be provided in all rooms where food is prepared or stored
j) a constant supply of pure and wholesome water shall be provided; and
k) secondary means of access to the premises shall be provided and maintained
PART IV – PROVISIONS RELATING TO RESTAURANTS, EATING HOUSES AND SNACK BARS
Person suffering 20. (1) Any person who knowing himself to be suffering from or to
from certain to be a carrier of any infections or contagious disease who works
disease in a restaurant, eating house or snack bar shall be guilty of an offence under these By-laws.
(2) Any permit holder who employees in a restaurant, eating house or
snack bar any person whom he has reasonable grounds to believe to
be suffering from or to be a carrier of any infectious or contagious
disease, shall be guilty of an offence under these By-laws.
Permit to be 21. Any permit holder who fails, without reasonable cause, to exhibit
exhibited his permit in a prominent and conspicuous position in the permitted
premises shall be guilty of an offence under these By-laws.
Contamination 22. (1) A permit holder shall take all such steps as may be reasonably
of food necessary to protect food from risk of contamination and in
particular, without prejudice to the generality of the foregoing,
shall-
a) not place food or permit it to be so placed as to involve any risk of contamination;
b) maintain the permitted premises in a clean and wholesome condition;
c) not use or permit to be used as a living or sleeping room any room which communicates directly with a room used for the preparation, cooking, storage or consumption of food;
d) maintain all utensils, crockery, cutlery, linen and other articles of whatsoever description used on the permitted premises for or in connection with the preparation, cooking, serving or consumption of food, in a clean and sound condition;
e) keep all food, other than that in the house of preparation, cooking, serving or consumption, in a store or refrigerator reserved solely for the keeping of such foods;
f) keep in the kitchen only such articles and equipment as are required for or used in the preparation, cooking serving or consumption of food; and
g) comply with all the reasonable requirements of the Medical officer of Health intended or designed to ensure the sanity and hygienic use of the permitted premises.
2) A permit holder shall not sell nor have in his possession for sale in
the permitted premises any food which is not sound and wholesome,
the burden of the proof that any food in his possession on such
premises is not for sale shall rest with the permit holder.
Personal 23. (1) A person engaged in the handling of food or any utensils used in
cleanliness connection with the preparation, cooking, serving or consumption of food, shall, whilst so engaged-
a) keep as clean as may be reasonably practicable all parts of his person which may be liable to come into contact with such food or utensils;
b) wear a clean garment and head covering of an approved pattern which, in the case of a person engaged in the preparation or cooking of food, shall be white;
c) keep any cut or abrasion on any exposed part of his person covered with a suitable and clean waterproof dressing;
d) refrain from spitting; and
e) refrain from smoking
(2) No permit holder shall permit any person to be engaged in the handling of food or any utensil in connection with the preparation, cooking , serving or consumption of food, whilst such person does not comply with any of the requirements of paragraph (1) of this by-law.
(3) Any person who contravenes or fails to comply with any of the provision of paragraph (1) and (2) of this by law shall be guilty of an offence.
Misuse of sinks 24. (1) Any person who uses or permits to be used any sink provided under
and kitchen etc the provisions of by-laws 15 or 17 of these by-laws for the purpose of the cleaning and preparation of vegetables, for any other purpose, shall be guilty of an offence under these By-laws.
(2) Any person who uses or permits to be used any sterilizing apparatus, provided under the provision of by-law 15 of these By-laws for the purpose of sterilization of crockery and cutlery, for any other purpose, shall be guilty of an offence under these by-laws.
(3) Any person who uses or permits to be used any sink, provided under the provision of subparagraph (e) of by-law (14) for any purpose except the cleaning of utensils and equipments other than cutlery and crockery, shall be guilty of an offence against these by-laws.
(4) Any person who uses or permits to be used any part of the premises,
for cooking or preparation of food other than the kitchen and preparation room or scullery without reasonable excuse, shall be guilty of an offence under these by-laws.
Restriction on 25. (1) Any holder of an eating house permit who includes in the name of
names of premises the permitted premises the word “restaurant” or by any words letters, or sign implies that a restaurant permit is in force in respect of such premises shall be guilty of an offence under these by-laws
(2) Any holder of a snack bar permit who includes in the name of the permitted premises either the words eating house or by any words , letters or sign implies that a restaurant or eating house permit is in force in respect of such premises ,shall be guilty of an offence under these by-law
Restriction 26. Any permit holder who, without the written permission of the medical officer
on trading of health, uses or permits to be used the permitted premises or any part thereof
for a trade other than one connected with that of a restaurant, eating house or snack bar ,as the case may be, shall be guilty of an offence under these By-laws.
Nuisances 27. Any permit holder who uses or permits to be used any permitted premises in such a manner that they are or are likely to become a nuisance or annoyance to inhabitants of neighboring properties or persons using any street or thoroughfare, shall be guilty of an offence under these By-laws.
Disorderly, 28. Any permit holder who permits any disorderly or indecent behaviour on the
Indecent behaviour permitted premises, shall be guilty of an offence under these By-laws.
Storage of 29. Where charcoal, coal, anthracite or oil fuel is used on the permitted premises
fuel it shall be stored in an approved manner in an open yard and a permitted holder who permits such charcoal, anthracite, coal or oil fuel to be stored elsewhere on the permitted premises shall be guilty of an offence under these By-laws.
Tariff of 30. (1) The holder of an eating house permit or a snack bar permit shall
charges affix and maintain in the permitted premises in a position clearly
visible to customers a tariff of charges legibly printed in the English or Kiswahili languages.
(2) Any person who demands from a customer a charge for food greater than that indicated on the tariff of charges referred to in paragraph (1) of this by-law shall be guilty of an offence against these By-laws.
PART VIII – OPEN AIR EATING PLACES
Cooking for sale 31. Any person who, in any premises in the municipality, prepares or cooks or permits
without permit the preparation or cooking of food for sale for consumption on those premises shall, unless he is the holder of a permit in respect of those premises be guilty of an offence
Sale of food 32. Any person who, in any premises in the Municipality, sell or permits the sale of food for
for consumption consumption on those premises shall, unless he is the holder of a permit in
respect of those, premises authorizing such sale, or an employee of such a permit holder, be guilty of an offence under these by- laws.
Responsibility 33. Any act done or omitted to be done by an employee of a permit holder in
of permit holder contravention of any of the provisions of these By-laws shall be deemed also
to be the act or omission of the permit holder and any proceedings for an
offence arising out of such act or omission may be taken against both such
permit holder and such employee.
Inspection 34. (1) The medical officer of health, any public officer of health or any
powers person authorized in writing by the medical officer of health in that behalf may at any reasonable hour enter any premises in respect of which a permit has been applied for or issued and may make such inspection thereof as he may deem necessary.
(2) Any such person as is referred to in paragraph (1) of this By-law may, if he has reasonable cause to believe that food is being consumed on any premises after having been purchased thereon, demand that the person in charge or appearing to be in charge of such premises shall allow him free entry thereon and afford him all reasonable facilities to inspect the premises and if, after notification of his authority and purpose, entry thereon and afford him all reasonable facilities and purpose, entry cannot be obtained, the said person may enter such
premises and make such inspection thereof as he may deem necessary.
PART VII – OPEN AIR EATING PLACES
Open air market 35. Every open air eating place shall operate under the following requirements:-
a) structure should be an approved design by the council;.
b) structure should contain adequate sanitary facilities;
c) persons carrying/handling the food must have valid medical certificate issued by medical officer of health;
d) adequate receptacles for disposal of litter should be provided;.
e) it is the responsibility of the person operating the open air-eating place to dispose the solid liquid wastes generated; and
f) the person operating the open air-eating place shall provide adequate fire fighting facilities, located strategically.
Made by Order of the Municipal Council of Mavoko this day of 2009
WISDOM K. MWAMBURI
TOWN CLERK
Approved this day of 2009
HON. MUSALIA MUDAVADI
DEPUTY PRIME MINISTER & MINISTER FOR LOCAL GOVERNMENT