It shall be unlawful for any person to conduct or operate a
food establishment or public eating and/or drinking place where food
or beverage intended for human consumption is kept, stored, manufactured,
prepared, dressed, handled, sold or offered for sale, with or without
charge, either at wholesale or retail, within the Township of Upper
Moreland, without first obtaining a license therefor.
Licenses herein provided for shall specify the date of issuance,
the name of the license and the place licensed. Such license shall
be conspicuously displayed at all times in the place so licensed.
Licenses shall not be transferable.
A license issued under this chapter shall expire on the 31st day of December of each year. License shall be renewable annually, in the same manner and upon payment of the same annual fee as provided in §
160-4 hereof.
No license shall be issued until inspection of the premises, facilities and equipment has been made by a duly authorized representative of the Department of Health of the Township of Upper Moreland. The fee for such inspection shall be in accordance with the fee schedule set forth in Chapter
140, Fees, Rates and Permits, of the Upper Moreland Township Code.
Whenever any person maintains more than one food establishment
or public eating and/or drinking place, he shall be required to apply
for and procure a separate license for each food establishment or
eating or drinking place.
Any person whose application for a license has been denied may
request, and shall be granted, a hearing before the Department of
Public Health, as hereinafter provided.
The Department of Public Health of the Township of Upper Moreland,
in order to protect the health and safety of the people of the Township,
is authorized and directed, by implementing and enforcing the provisions
of this chapter, to control the conduct and operation of food establishments
and public eating and drinking places in the Township.
Whenever the Department of Public Health or duly authorized
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this chapter
or of any regulation adopted pursuant thereto, it shall give notice
of such alleged violation to the person or persons responsible therefor,
as hereinafter provided. Such notice shall:
B. Include a statement of the reasons why it is being issued;
C. Allow a reasonable time for the performance of any act it requires;
D. Be served upon the holder of a license issued under this chapter
or upon the owner or his agent or the occupant of any premises, provided
that such notice shall be deemed to have been properly served when
a copy thereof has been served personally or in accordance with any
other method authorized or required under the laws of this state.
Such notice may:
(1) Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter; and
(2) State that, unless conditions or practices described in such notice
which violate this chapter are corrected within the reasonable time
specified in such notice, a license which has been issued pursuant
to this chapter may be suspended or revoked.
Whenever the Department of Public Health finds that an emergency
exists involving a serious health hazard which requires immediate
action to protect the public health, it may, without notice or hearing,
issue a written order citing the existence of such an emergency and
the conditions violating this chapter or regulations adopted pursuant
thereto which require corrective action to remove such health hazard.
If such corrective action has not been taken, the Department of Public
Health may take such action as may be necessary to protect the public
health, including complete shutdown. Notwithstanding other provisions
of this chapter, such order shall be effective immediately. Any person
to whom such order is directed shall comply therewith immediately,
but upon petition to the Department of Public Health shall be afforded
a hearing as soon as possible, but in any case not later than three
days after the petition was filed. After such hearing, depending upon
its finding as to whether or not the provisions of this chapter and
of the regulations adopted pursuant thereto have been complied with,
the Department of Public Health shall continue such order in effect,
or modify it or revoke it.
The Department of Public Health shall have the power to enter
at reasonable times upon private or public property for the purpose
of inspecting and investigating conditions relating to the enforcement
of the provisions of this chapter.
The Department of Public Health is hereby authorized and directed
to adopt such written regulations as may be necessary for the implementation
and enforcement of the provisions of this chapter, said regulations
becoming effective after adoption by resolution of the Board of Commissioners.
A certified copy of all regulations which may be adopted and approved
by the Board of Commissioners shall be made available for the inspection
of the public on request. Such regulations shall have the same force
and effect as the provisions of this chapter, and the penalty for
violation of the provisions of this chapter, as hereafter provided.
Any person who shall violate any provisions of this chapter,
or any regulation adopted thereunder, upon summary conviction before
a local authority, shall be punished by a fine of not less than $100
nor more than $1,000 or five days in jail, and each day's failure
to comply with any such subdivision shall constitute a separate violation.