The following definitions shall apply in the interpretation and the
enforcement of this article:
EMPLOYEE
Any person who handles food or drink during preparation or serving
or who comes in contact with any eating or cooking utensils or who is employed
in a room in which food or drink is prepared or served.
FOOD VENDOR
Any person who transports, distributes or sells to the public prepared
foods or perishable food of any kind deemed by the Board of Health to be capable
of causing human food-borne illness from any food service establishment, truck,
trailer, cart, bicycle or other vehicle or from any vending machine, container
or other type of equipment.
HEALTH OFFICER
The Health Officer of the Township of Marple or his authorized representative.
ITINERANT RESTAURANT
One operating for a temporary period in connection with a fair, carnival,
circus, public exhibition or other similar gathering.
PERSON
Person, firm, corporation or association.
RESTAURANT
Restaurant, coffee shop, cafeteria, short-order cafe, luncheonette,
tavern, sandwich stand, soda fountain and all other eating or drinking establishments,
as well as kitchens or other places in which food or drink is prepared for
sale elsewhere.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, utensils, containers
or other equipment with which food or drink comes in contact during storage,
preparation or serving.
[Amended 6-9-1980 by Ord. No. 80-10; 9-11-1989
by Ord. No. 89-23; 3-14-1994 by Ord.
No. 94-8]
Each application for a permit shall be accompanied by a permit fee as
set from time to time by resolution of the Board of Commissioners and an annual
inspection fee based upon the floor area of a public eating and drinking place.
Samples of food, drink and other substances may be taken and examined
by the Health Officer as often as may be necessary for the detection of unwholesomeness
or adulteration. The Health Officer may condemn and forbid the sale of or
cause to be removed or destroyed any food or drink which is unwholesome or
adulterated.
All restaurants shall comply with all of the following items of sanitation.
No person who is affected with any disease in a communicable form or
is a carrier of such disease shall work in any restaurant and no restaurant
shall employ any such person or any person suspected of being affected with
any disease in a communicable form or of being a carrier of such disease.
If the restaurant manager suspects that any employee has contracted any disease
in a communicable form or has become a carrier of such disease, he shall notify
the Health Officer immediately. A placard containing this section shall be
posted in all toilet rooms.
When suspicion arises as to possibility of transmission of infection
from any restaurant employee, the Health Officer is authorized to require
any or all of the following measures:
A. The immediate exclusion of the employee from all restaurants.
B. The immediate closing of the restaurant concerned until
no further danger of disease outbreak exists in the opinion of the Health
Officer.
C. Adequate medical examinations of the employee and of
his associates, with such laboratory examinations as may be indicated.
This article shall be enforced by the Health Officer in accordance with
the interpretations thereof contained in the 1943 or later edition of the
United States Public Health Service Code Regulating Eating and Drinking Establishments,
a copy of which shall be on file at the township office.
Any person who violates any provision of this article shall, upon conviction
thereof, in addition to revocation of the permit, be punishable by a fine
of not more than $600, plus costs of prosecution and in default of payment
of such fine and costs by imprisonment for not more than 30 days. Each and
every violation of the provisions of this article shall constitute a separate
offense.