Borough of Jenkintown, PA
Montgomery County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Jenkintown 7-31-1967. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 4.
Milk and milk products — See Ch. 117.
Nuisances — See Ch. 122.
Peddling and soliciting — See Ch. 135.
Plumbing — See Ch. 137.
Sewers — See Ch. 146.
Solid waste disposal — See Ch. 152.

§ 98-1 Statutory authority.

[Amended 4-28-1980 by Ord. No. 80-13]
The Health Officer of the Borough of Jenkintown, in order to protect the health and safety of the citizens of the Borough, and in accordance with the powers granted to him by the Act of Assembly, Act of 1945, May 23, P.L. 926, as amended,[1] 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 or drinking places within the Borough.
[1]
Editor's Note: The former Public Eating and Drinking Places Law, former 35 P.S. §§ 655.1 to 655.13a, was repealed by 2010, Nov. 23, P.L. 1039, No. 106, § 8(2)(ii), effective in 60 days (Jan. 24, 2011). The Retail Food Facility Safety Act, 3 Pa.C.S.A. § 5701 et seq., is effective January 2011.

§ 98-2 License required.

A. 
From and after the effective date of this chapter, it shall be unlawful for any "person" (which term shall hereinafter include any individual, partnership, association or corporation) to conduct or operate a food establishment where food or beverage intended for human consumption is kept, stored, manufactured, prepared, addressed, handled, sold or offered for sale, with or without charge, either at wholesale or retail, within the Borough of Jenkintown, without first obtaining a license therefor.
B. 
From and after the effective date of this chapter, it shall be unlawful for any person as hereinbefore defined to conduct or operate a public eating or drinking place within the Borough of Jenkintown without first obtaining a license therefor.

§ 98-3 Inspection required; fee.

[Amended 4-28-1980 by Ord. No. 80-13; 10-26-1981 by Ord. No. 81-7]
No license for any use under § 98-2 hereof shall be issued until a duly authorized representative of the Health Officer of the Borough of Jenkintown has been satisfied by a personal inspection that the premises, facilities and equipment are adequate to protect the public health and comfort of patrons. The fees for such inspection shall be fixed from time to time by a resolution of the Borough Council and shall be payable at the time of application for such license.

§ 98-4 Information required on license; fee.

A. 
A license issued under this chapter shall expire on the 31st day of December of each year. Licenses shall be renewable annually in the same manner and upon payment of the same annual inspection fee as provided in § 98-3 hereof, together with the annual license fee as provided by the Act of Assembly.
B. 
Licenses herein provided for shall specify the date of issuance, the name of the licensee and the place licensed. Such license shall be conspicuously displayed at all times in the food establishment or public eating or drinking place so licensed. Licenses shall not be transferable.

§ 98-5 Separate licenses required for each activity or location.

[Amended 10-26-1981 by Ord. No. 81-7]
Whenever any person as hereinbefore defined maintains more than one food-handling establishment or public eating or drinking place within the Borough or a single facility, he shall be required to apply for and procure a separate license and pay a separate health inspection fee for each activity or location.

§ 98-6 Appeals of denial of license.

[Amended 4-28-1980 by Ord. No. 80-13]
Any person whose application for a license has been denied may request by written petition to the Health Officer and shall be granted a hearing before the Health Officer, not later than 10 days after the date on which the petition is filed. At such hearing, it shall be the burden of the petitioner to prove that his premises, facilities and equipment are adequate to protect the public health and comfort of patrons and are in compliance with any applicable regulations of the Borough, county or commonwealth.

§ 98-7 Notice of violations; procedure.

[Amended 4-28-1980 by Ord. No. 80-13]
A. 
Whenever the Health Officer or his duly authorized representative discovers a violation of any provisions of this chapter or of any regulation of the Borough, county or commonwealth relative to food establishments or public eating or drinking places, he shall give written notice of such violation to the person to whom a license for the premises in question has been issued, setting forth in concise form a description of the violation and allowing a reasonable time for the termination of such violation, in default of which a license issued pursuant to this chapter may be suspended or revoked. Such notice shall be served upon the holder of a license issued under this chapter or his agent or upon the owner or occupant of the licensed premises. Notice shall be deemed to have been properly served when a copy thereof has been personally served upon the holder, his agent or the owner or occupant of the licensed premises or when the notice has been posted in a prominent place upon the licensed premises.
B. 
Any person aggrieved by such notice of violation may, by written petition to the Health Officer filed within 10 days after service of the notice, request and shall be granted within 10 days thereafter a hearing on the matter before the Health Officer. The Health Officer shall give the petitioner written notice of the time and place for such hearing. At such hearing, the Health Officer shall determine whether in fact such violation does exist.
C. 
Following the hearing, the Health Officer shall sustain, modify or withdraw the notice of violation and shall make such order as he shall deem necessary, including revocation or suspension of a license issued under this chapter if corrective action has not been taken within the time specified in the notice.
D. 
The Health Officer shall make written findings and a decision, which shall be retained as a matter of public record in the office of the Borough Manager, together with a copy of every notice or order issued in connection with the matter.

§ 98-8 Emergency measures.

[Amended 4-28-1980 by Ord. No. 80-13]
Whenever the Health Officer finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, he may, without notice or hearing, issue a written order citing the existence of such emergency and the condition violating this chapter or regulations of the Borough, county or commonwealth, which requires corrective action to remove such health hazard. If such corrective action is not immediately taken, the Health Officer may take such action as may be necessary to protect the public health, including complete shutdown of the premises. Notwithstanding any 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 written petition to the Health Officer shall be afforded a hearing as soon as possible, but in any case not later than three days after filing of the petition. After such hearing, the Health Officer shall continue such order in effect or modify or revoke it.

§ 98-9 Appeals of decisions.

[Amended 4-28-1980 by Ord. No. 80-13]
Any person aggrieved by the decision of the Health Officer under § 98-6, 98-7 or 98-8 hereof may appeal therefrom to the Court of Common Pleas of Montgomery County.

§ 98-10 Right of entry.

[Amended 4-28-1980 by Ord. No. 80-13]
The Health Officer and his duly authorized representative shall have the power to enter at reasonable times upon private or public property for the purpose of inspecting or investigating conditions relating to the enforcement of the provisions of this chapter.

§ 98-11 Rules and regulations.

[Amended 4-28-1980 by Ord. No. 80-13]
The Health Officer is hereby authorized to adopt such written regulations as he finds necessary for the implementation and enforcement of the provisions of this chapter. The Health Officer shall file with the Borough Manager a certified copy of all regulations which he may adopt, and such regulations shall be made available for the inspection of the public. Such regulations shall have the same force and effect as the provisions of this chapter.

§ 98-12 Violations and penalties.

[Amended 4-28-1980 by Ord. No. 80-13; 1-30-1989 by Ord. No. 89-2]
Any person who shall violate any provision of this chapter or any regulation adopted hereunder, upon conviction thereof before a Magisterial District Judge, shall be punished by a fine of not more than $1,000 or imprisonment for a period not to exceed 30 days, or both, and each day's failure to comply with any such provision shall constitute a separate violation.