[HISTORY: Adopted by the Borough Council of the Borough of Conway 2-2-2022 by Ord. No. 566,[1] approved 2-2-2022. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 7, Health Officer, adopted 11-12-1991 by Ord. No. 433, approved 11-12-1991.
The purpose of this chapter is to safeguard the public health and ensure that consumers are provided food that is safe, unadulterated and honestly presented.
A position to be called the "Health Officer" is established for the Borough. This position is filled by the appointment of Council. The Health Officer has the power and duties as laid out in this chapter and in applicable state laws.
As used in this chapter, the following terms shall have the meanings indicated:
FOLLOW-UP INSPECTION
Any inspection to review whether changes have been made to correct violations that resulted in noncompliant status determined by a prior inspection.
LICENSE
Retail food license as defined by 7 Pa. Code Chapter 46 and Act 106 of 2010, Subchapter A, Retail Food Safety.
MOBILE FOOD VENDOR
Any food vendor that is operating in a trailer, tent or vehicle, or any other structure that is not located inside a permanent commercial structure that is serviced by municipal water and sewer services.
NEW RETAIL FOOD ESTABLISHMENT
A retail food establishment that is requesting an annual food license to begin operations for a location they do not have licensed in their name for more than 14 days. This retail food license expires on December 31 of each year it is issued.
NUISANCE INSPECTION
Any inspection for any licensed retail food establishment requiring more than two inspections in a twelve-month period due to repeat violations or verified complaints.
OTHER INSPECTION FEE
An inspection that is required under PA Act 106 of 2010 for a retail food facility or for a retail food facility that is exempt from licensing (but not inspection) under Subsection A, Retail Food Safety Act,[1] or an inspection that is not required but is requested by the owner or operator of a current or future retail food facility for any reason. The other inspection fees due at the time of the inspection. A certificate of inspection will be issued after a complaint inspection is completed and all fees collected.
RENEWAL
The reissuance of an annual food license for retail food establishment operated for more than 14 days per year that is not a mobile food vendor. This retail food license is issued and expires December 31 in the year it is issued.
TEMPORARY RETAIL FOOD LICENSE
A food vendor that is operating in a single trailer, tent or vehicle or any other structure that sells retail food items for a period of 14 days or less at any one single event or celebration. This retail food license is issued for a period not more than 14 days.
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
A. 
New retail food establishment: $200.
B. 
Renewal: $150.
C. 
Temporary licenses:
(1) 
Temporary retail food license/event: $50.
(2) 
Temporary retail food license for current Borough licensed establishment/event: $35.
(3) 
Temporary retail food license for 501(c)(3): $0.
(4) 
Temporary retail food license/year: $200.
(5) 
Temporary retail food license/renewal: $150.
D. 
Nuisance inspection fee: $100.
E. 
Follow-up inspection fee:
(1) 
First follow-up inspection during the previous 12 months: $150.
(2) 
Second or subsequent follow-up inspection during the previous 12 months: $300.
F. 
Other inspection fee: $100.
G. 
A nuisance inspection fee or follow-up inspection fee is due at the time of each nuisance inspection or follow-up inspection payable to the Borough.
H. 
An application fee is to be paid at time of application and shall be payable to the Borough. No application will be processed, or a license issued, until all fees owed to the Borough are paid. If a license is suspended, denied or revoked, no part of the fees paid are to be refunded.
I. 
Applications and fees for a license renewal are due one month prior to the expiration date of the current license.
J. 
It is the responsibility of the applicant to obtain and submit all required applications and forms in a timely manner for all licenses requested.
K. 
A Commonwealth-of-Pennsylvania-recognized valid photo ID and a Pennsylvania sales and use tax license is required for all applications submitted for licenses. A copy will remain on file with the application. Current contact information must be submitted and remain on file and must include phone, address and alternative numbers for twenty-four-hour emergency use. Updates to this information must be submitted no later than three days after the change takes place.
L. 
In the event the respective renewal license fee charged pursuant to Subsection B is not paid on or before the fifth day of the succeeding month the fee is due, the licensee shall be charged a late fee in the amount of $35 for each month the respective license fee remains outstanding thereafter.
A. 
Should any establishment become delinquent in its license fee as required by this chapter, such License shall be revoked after due notice of 14 calendar days. The establishment shall cease operations when the license is revoked.
B. 
Should any establishment become delinquent in fines, fees or other monies owed to the Borough of Conway as a result of this chapter, such license shall be revoked after due notice of 14 calendar days. The establishment shall cease operations when the license is revoked.
A. 
All food establishments shall conform to all standards in accordance with 7 Pa. Code Chapter 46.
B. 
Any establishment found not conforming to the standards set forth by this chapter may be cited as permitted herein. In addition, the establishment may have their license revoked or suspended immediately. Revocation or suspension will be determined by the Health Officer based on the risk for an imminent health hazard to the public. The establishment shall cease operations immediately when the license is revoked or suspended. A license may be suspended for any length of time as determined by the Health Officer.
C. 
Shall the license be revoked, a new license may be applied for by the licensee after a period of one year with all fees paid prior to reissuance and must include a plan review as outlined in the Food Code.
D. 
Shall the license be suspended for any period of time, a complete reinspection must be completed and written permission to continue operations obtained from the Health Officer. Any fees owed to the Borough must be paid in full prior to resuming operations.
E. 
A sign shall be posted on the entry door(s) of any establishment whose license is suspended or revoked stating "Closure by the Board of Health." This sign shall remain posted during the time of the closure and if removed shall be considered a violation and a separate violation for each day it remains removed. The sign will be dated, signed by the Health Officer, have the contact information of the Health Officer, and will state "It must remain in place until removed by the Health Officer and it is a violation finable up to $1,000 per day if it is removed."
F. 
Shall the licensee request a hearing for a license that has been suspended or revoked, a hearing will be held by Borough Council, sitting as the Board of Health within 14 days after receiving written notification requesting the hearing. The Board of Health will review all facts and statements and render a written decision within two business days of the hearing. A hearing must be requested within 30 days after the revocation or suspension notice has been given. A record of the proceeding shall be made either by stenographic means or electronic recording. The method of the means of recording is at the discretion of the Board. A licensee may appeal an unfavorable decision of the Board of Health by filing an appropriate action challenging the Board's findings with a court of appropriate jurisdiction. A nonrefundable $200 is required to be paid to the Borough for the appeal. In addition, the licensee appealing will be responsible for the cost of advertising a special meeting (if necessary) along with the appearance fee of the stenographer.
A. 
Any retail food establishment found operating without a license shall allow an inspection without delay. Refusal of inspection shall be considered a separate violation and subject to penalties as listed in this chapter.
B. 
Any retail food establishment found operating without a license shall cease all operations immediately upon order of the Health Officer. To not immediately cease operations shall be considered a separate violation and subject to as listed in this chapter. The establishment shall be posted as in Section 306(e).
C. 
To operate a retail food establishment without a license violates this chapter and 7 Pa. Code Chapter 46 and is subject to penalties as listed in this chapter.
The provisions, terms, procedures, appendices and standards in 7 Pa. Code Chapter 46, with the exception of Section 46.114, License Requirements, are adopted to the extent they do not conflict with the requirements of this chapter.
A. 
All mobile food vendors must be identified by displaying the name, city and state of the business or licensee in at least three-inch letters in a nonconspicuous place.
B. 
All mobile food vendor licenses are issued to a single trailer, tent or vehicle or any other structure at a single location and are not transferable to any other trailer, tent or vehicle or any other structure or any other location.
This chapter shall become effective upon adoption.
The provisions of all prior ordinances which are inconsistent with the terms of this chapter are hereby repealed.
Any amendment to any of the fees in this chapter may be amended by Borough Council through the passage of a resolution at a public meeting.
Any establishment who violates or fails to comply with any provision of this chapter will be subjected to a fine of $100 up to $1,000, imprisonment for up to 90 days, or both. Each day's continuance of a violation of this chapter shall constitute a separate offense.