City of Harrisburg, PA
Dauphin County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 40-1926. Amendments noted where applicable.]
CROSS-REFERENCES
Food safety: see 3 Pa.C.S.A. § 5721 et seq.
Meat and poultry hygiene: see 31 P.S. § 483.1 et seq.; 7 Pa. Code Ch. 1.
Milk sanitation: see 31 P.S. § 660c.
Retail food facility safety: see 3 Pa.C.S.A. § 5701 et seq.

§ 6-501.1 Food license mandatory.

[Amended 6-5-2007 by Ord. No. 3-2007]
No person shall sell, dispose of, or offer for sale as human food any meats, fish or other foods within the City without first obtaining a food license therefor, in accordance with the provisions of this chapter and the food regulations of the Pennsylvania Department of Agriculture ("Department"), 7 Pa. Code Chapter 46.

§ 6-501.2 License requirements.

The Health Officer shall not issue any food inspection license until after ascertaining the sanitary conditions of the places where the food is produced, handled or sold; also, the Health Officer is satisfied with the food inspector's recommendation that the care and handling of such foods will be in accordance with the provisions of this chapter and the applicable regulations of the Department.

§ 6-501.3 License fees.

[Ord. No. 46-1982; Ord. No. 15-1983; Ord. No. 6-1995; amended 11-12-2002 by Ord. No. 25-2002]
A. 
For the purposes of meeting the cost and expense of executing the provisions of this chapter, the following license fees are imposed.
B. 
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context. Any word not defined herein shall have the definition contained in the Glossary, Chapter 1-302, or the ordinary dictionary definition:
MARKET STYLE VENDOR
A person or persons or any business operating in conjunction with other persons or businesses to offer limited retail food and/or beverage during limited hours and at one location.
RETAIL GROCER
A person or persons or any business involved in the sale of prepackaged food and/or beverages.
WHOLESALE GROCER OR FOOD/BEVERAGE DISTRIBUTOR
A person or persons or any business offering wholesale food/beverage service, primarily to retail outlets, restaurants and institutions.
C. 
An annual fee as set forth in the Appendix to the Codified Ordinances shall be imposed for each of the following categories of health licenses:
[Amended 6-11-2013 by Ord. No. 8-2013]
(1) 
All keepers of a public eating and drinking establishment, with a capacity of zero to 99 persons;
(2) 
All keepers of a public eating and drinking establishment, with a capacity of 100+ persons;
(3) 
All keepers of a restaurant who also provide catering services and participates in special events;
(4) 
All street vendors of food products and individuals offering catering throughout the City;
(5) 
All individuals and nonprofit entities operating a temporary eating or drinking establishment for a specified period of time;
(6) 
All individuals operating as a market-style vendor, either indoors or outdoors;
(7) 
All market-style vendors providing meat, poultry, seafood or bakery products shall carry a fee in addition to the fee outlined in Subsection C(6) above;
(8) 
All market-style vendors providing wholesale food service shall carry a fee in addition to the fee outlined in Subsection C(6) above;
(9) 
All retail grocers with a total floor area of 999 square feet or less;
(10) 
All retail grocers with a total floor area of 1,000 square feet or more;
(11) 
All retail grocers providing meat, poultry, seafood or bakery products shall carry a fee in addition to the fee outlined above;
(12) 
Any wholesale grocer or food/beverage distributor;
(13) 
Any nonprofit organization operating a social kitchen limited to the benefit of their members and not being utilized as a source of revenue;
(14) 
Any nonprofit organization operating a commercial kitchen or producing revenue through food and/or beverage service or providing food and/or beverage service as part of an institution;
(15) 
Any hotel, motel, rooming house, hostel, educational facility, institution or place of assembly for more than 99 persons and under 1,000 square feet. Structures used primarily as a place of worship are exempted;
(16) 
Any hotel, motel, rooming house, hostel, educational facility, institution or place of assembly for more than 99 persons and between 1,000 square feet and 4,999 square feet. Structures used primarily as a place of worship are exempted;
(17) 
Any hotel, motel, rooming house, hostel, educational facility, institution or place of assembly for more than 99 persons and between 5,000 square feet and 9,999 square feet. Structures used primarily as a place of worship are exempted;
(18) 
Any hotel, motel, rooming house, hostel, educational facility, institution or place of assembly for more than 99 persons and between 10,000 square feet and 19,999 square feet. Structures used primarily as a place of worship are exempted;
(19) 
Any hotel, motel, rooming house, hostel, educational facility, institution or place of assembly for more than 99 persons and over 20,000 square feet. Structures used primarily as a place of worship are exempted.
D. 
Payment of the actual costs incurred by the City for any and all laboratory fees resulting from an inspection of a licensed facility shall be the sole responsibility of that facility.
E. 
An additional fee as set forth in the Appendix to the Codified Ordinances shall be imposed when, due to an unsatisfactory pre-inspection, complaint investigation or an unsatisfactory annual inspection, a reinspection is required.
F. 
An application fee will be applied to new and amended applications in order to provide for the maintenance of records and technology development.
G. 
All fees shall be doubled in the event an application is submitted less than 10 days prior to an opening or event or in the event of an opening without an approved license.
H. 
In addition to the annual license fee, a late fee as set forth in the Appendix to the Codified Ordinances shall be applied to every annual license fee received after the due date.
[Added 6-5-2007 by Ord. No. 3-2007; amended 4-9-2013 by Ord. No. 3-2013]

§ 6-501.4 Payment; certificate displayed.

[Ord. No. 34-1979; amended 4-9-2013 by Ord. No. 3-2013]
The license fee shall be due and payable at the office of the City Treasurer on January 1, annually, and the Treasurer shall register the name of the licensee in a registry to be kept for that purpose and designated "Health License." The Health Officer shall furnish each licensee with a certificate showing the number of the license and the year for which it is granted, which certificate, together with the inspection form and rating classification form, shall be displayed by the licensee conspicuously at the place of business where it may be readily observed.

§ 6-501.5 Oil/grease and grit interceptors, traps or removal devices required.

[Ord. No. 24-1992]
Fat, grease, oil, and grit interceptors, traps or other such removal devices shall be installed in accordance with the Plumbing Code[1] to remove excessive amounts of liquid, semisolid or emulsified fats, grease, and oil or grit from the nondomestic wastestream of a commercial eating establishment or motor vehicle wash facility.
[1]
Editor's Note: See Ch. 8-105, Plumbing Code.

§ 6-501.6 Care of oil/grease and grit interceptors, traps or removal devices and records.

[Ord. No. 24-1992]
Inspection and maintenance of such fat, grease, oil, or grit interceptors, traps or removal devices shall occur, at a minimum, on a monthly basis to assure good operating condition. Inspection and maintenance logs and certified disposal manifests shall be maintained and retained for a minimum of three years or longer, as specified by the City, and access by an authorized City representative afforded thereto for the purpose of copying records and inspecting for compliance with this chapter.

§ 6-501.7 Deposit of contents of oil/grease and grit interceptors; traps or removal devices.

[Ord. No. 24-1992]
The disposal of contents from fat, grease, oil, or grit interceptors, traps or other such removal devices shall be in accordance with all federal, state or local laws and regulations. Transportation and disposal facilities must provide certified disposal manifests to document the proper disposal of the fat, grease, oil, or grit. In no case will the direct or indirect discharge of the contents of a fat, grease, oil, or grit interceptor, trap or other such removal device to the City's sanitary sewer system be an acceptable means of maintenance of such interceptors, traps or devices or provide a substitute for the proper disposal of such contents.

§ 6-501.8 Compliance.

No person required by the provisions of this chapter to pay a license fee shall fail or refuse to pay the same, and no person shall sell or offer for sale any meat or other food or food products below the standards provided by this chapter or refuse to comply with any order of the Health Officer.

§ 6-501.9 Inspection of premises.

[Added 6-5-2007 by Ord. No. 3-2007]
A. 
The Health Officer or any other authorized City employee may conduct periodic inspections of any public eating and drinking establishment for the purpose of determining that such operator and the establishment are in compliance with all provisions of this chapter. The Health Officer may request a member of the Board of Health or a designee to assist in the performance of inspections.
B. 
It shall be unlawful for any person or operator to willfully prevent or restrain any City official from entering any public eating and drinking establishment for the purpose of inspecting said premises after proper identification is presented to the operator.

§ 6-501.10 Revocation of license.

[Added 6-5-2007 by Ord. No. 3-2007]
A. 
The Health Officer may revoke the license granted under this chapter whenever it appears that the licensee or his or her agents or employees are operating the public eating and drinking establishment in violation of this chapter or in such a manner so as to be a threat to the public health or safety.
B. 
The Health Officer shall notify the licensee of the intention to revoke the license. The notice shall be in writing, signed by the Health Officer, and shall set forth findings of fact and the grounds on which the revocation is based. Said notice of such determination shall be delivered to the licensee in person, by first-class mail, or by certified mail, return receipt requested, to the place of business of the public eating and drinking establishment.
C. 
The licensee shall have five days after service was effectuated to file a written request to the Board of Health for a hearing to review the Health Officer's determination.
D. 
Within 10 days of the receipt of such an application for a hearing, the Health Officer shall notify the licensee of the time and place of such hearing.
E. 
Except where the Board of Health determines that the license was improperly revoked, the licensee shall pay a reinstatement fee as set forth in the Appendix to the Codified Ordinances, in addition to any and all other applicable fees, to have the license reinstated following a revocation.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).

§ 6-501.11 Immediate closure.

[Added 6-5-2007 by Ord. No. 3-2007]
When it appears to the Health Officer that the operation of the public eating and drinking establishment poses an immediate and imminent threat to the public health and safety such that irreparable harm will occur if the public eating and drinking establishment is not immediately closed, the Health Officer shall have the power to order the immediate closure of such establishment until such time that the violations complained of have been corrected or the Board of Health determines that the Health Officer erred in closing the establishment.

§ 6-501.99 Penalty. [1]

Any person who violates the provisions of this chapter shall be subject to Chapter 6-103, Enforcement and Penalty, of these Codified Ordinances.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1-303).