[HISTORY: Adopted by the Borough Council of the Borough of
Jenkintown 7-31-1967. Amendments noted where applicable.]
[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Places Law, former 35 P.S. §§ 655.1 to 655.13a, was repealed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.
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.
[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.
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.
[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.
[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.
[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.
[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.
[Amended 4-28-1980 by Ord. No. 80-13]
[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.
[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.
[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.
