As used in this article, the following terms
shall have the meanings indicated:
FOOD
Any raw, cooked or processed edible substance, beverage or
ingredient used or intended for use in whole or in part for human
consumption.
FOOD VENDOR
Any person who transports, distributes or sells to the public
foods, prepared foods or readily perishable food of a kind deemed
by the Board to be capable of causing human food-borne illness from
any truck, trailer, cart, bicycle or other vehicle or from any vending
machine, container or other type of equipment.
READILY PERISHABLE FOODS
Any food or beverage or ingredients consisting in whole or
in part of milk, milk products, eggs, meat, fish, poultry or other
food capable of supporting rapid and progressive growth of microorganisms
which can cause food infections or food intoxication. Products in
hermetically sealed containers processed by heat to prevent spoilage
and dehydrated, dry or powdered products so low in moisture content
as to preclude development of microorganisms are excluded from the
terms of this definition.
VENDING EQUIPMENT
Any self-service device offered for public use which, upon
insertion of a coin, coins or token or by other means, dispenses unit
servings of food or beverage, either in bulk or in package, without
the necessity of replenishing the device between each vending operation.
Article
VII of this chapter shall not apply to:
A. The transportation and wholesale delivery of food
or produce to retail food stores for the purpose of resale.
B. The transportation and delivery of food to public eating and drinking places duly licensed under Article
V of this chapter.
C. Any manufacturer or producer in the sale of bread
and bakery products, meat and meat products and milk and milk products.
The Health Officer shall be permitted at any
time to enter upon any private or public property in this Borough
where vending equipment is operated to inspect the servicing, maintenance
and operation of such equipment, for the purpose of determining compliance
with the provisions of this chapter. The operators of vending machines
shall make provisions for the Health Officer to have access to the
interior of all vending machines operated by them.
[Amended 5-12-1998 by Ord. No. 98-558,
approved 5-12-1998]
Each applicant at the time of his initial application
for a license shall pay a fee in an amount to be determined by Borough
Council by resolution for inspection services. An applicant operating
more than one food vending vehicle or other type of equipment in the
Borough shall pay for such initial inspection services according to
a schedule determined by Borough Council.
This Board, after affording the holder of a
license an opportunity for a hearing, will suspend or revoke his license
if it finds that he has violated any of the provisions of this chapter.
If the situation demands, this Board may order the immediate suspension
of a license and subsequently afford the holder a hearing.