[HISTORY: Adopted by the City Council of the City of Pottsville as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-21-1966 by Ord. No. 72-66
as Art. 1109 of the 1966 Code]
A.Â
When not inconsistent with the context, words used in
the present tense include the future, words in the plural include the singular
number, and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
B.Â
BARTENDER/SERVER
EMPLOYEE
HEALTH OFFICER
LICENSE
PREMISES
PROPRIETOR
PUBLIC EATING OR DRINKING PLACE
Unless otherwise herein expressly stated, the following
terms, phrases, words and their derivations shall have the meanings given
herein as follows:
An employee of a licensed food establishment who tends bar or otherwise
serves alcohol 12 or more hours per week.
[Added 9-11-2000 by Ord.
No. 635]
Any cook, waiter, kitchen help, house servant or other employee of
any kind in a public eating or drinking place who in any manner whatever handles
or comes in contact with food or drink served to or provided for the public,
and includes the proprietor or any member of the proprietor's family handling
any food or drink.
The Health Officer of the city acting for the Department of Public
Safety.
A grant to a licensee to conduct a public eating or drinking place,
as defined in this section.
Includes all land, structures and places and also the equipment and
appurtenances connected or used therewith in any public eating or drinking
place, as herein defined, and also any personal property which is either affixed
to or is otherwise used in connection with any such business conducted on
such premises.
Any person, partnership, association or corporation conducting or
operating a public eating or drinking place within the city.
Any place within the city where food or drink is served to or provided
for the public, with or without charge.
No proprietor shall conduct or operate a public eating or drinking place
without first obtaining a license as herein provided. Such license shall be
issued by the Health Officer. No license shall be issued until inspection
of the premises, facilities and equipment has been made by the Health Officer
and they are found adequate for the protection of the public health and comfort
of patrons.
[Amended 4-10-1979 by Ord.
No. 254; 12-30-1982 by Ord.
No. 313]
Every proprietor of a public eating or drinking place shall pay an annual
license and inspection fee of $25. No license shall be issued or reissued
until such fee is paid.
Whenever any proprietor maintains more than one public eating or drinking
place within the city, he shall be required to apply for and procure a duplicate
license for each additional eating or drinking place, such duplicate license
to be issued at an additional inspection fee of $5.
Any person owning or operating or desiring to operate a public eating
or drinking place or public eating and drinking places within the city shall
make application for a license on forms furnished by the Health Officer. Such
forms shall set forth such information as the Health Officer may require,
including the name and address of the applicant, together with all other information
deemed necessary.
Before granting a license hereunder, the Health Officer shall visit
and inspect the premises on which the applicant conducts or proposes to conduct
his business. The Health Officer may refuse to issue a license if the premises
on which the applicant conducts or proposes to conduct his business or his
equipment does not meet the requirements of this article or the rules and
regulations of the Health Officer. The Health Officer shall state, in writing,
to the applicant the reason for such refusal.
Licenses shall be granted for a period of one year from the date of issue. Application for renewal shall be made one month before the expiration of the existing license. A license granted under the provisions of this article shall be renewed if, upon inspection by the Health Officer, the conditions specified in § 126-6 with respect to the premises and equipment are fulfilled.
Licenses shall specify the date of issuance, the period which is covered,
the name of the licensee and the period covered. Such licenses shall be conspicuously
displayed at all times in the place thereby licensed. Licenses shall not be
transferable.
The Health Officer may make such reasonable rules and regulations as
may be deemed necessary for carrying out the provisions and intent of this
article.
[Amended 12-12-1994 by Ord.
No. 527]
Nothing contained in this article shall relieve or exempt any proprietor
of a public eating or drinking place in the city from obtaining a license
from the Health Officer as provided in 35 P.S. § 655.1 et seq.
It shall be the duty of the Health Officer, acting under the supervision
of the Director of Public Safety and with the approval of the Board of Health,
under power and authority herewith granted, or any other duly authorized and
designated representative to inspect the food, drink and other commodities
prepared, served and sold in each and every public eating and drinking place
in the city, including the manner of their preparation, at all reasonable
business hours and to ascertain whether such eating and drinking place is
being conducted in compliance with the provisions and regulations, current
at the time, of the Pennsylvania Department of Health and the provisions of
this article and whether any condition existing therein is prejudicial to
the public health.
No proprietor shall employ or retain in his employment in such public
eating or drinking place any person known or subsequently found to have a
communicable disease under the then-current rules and regulations of the Pennsylvania
Department of Health.
[Added 9-11-2000 by Ord.
No. 635]
A.Â
Servers of alcohol. Within one year after the enactment
hereof, each licensed food establishment that serves alcohol shall have at
least one bar manager, all bartenders/servers and security personnel attend
a city and Pennsylvania Liquor Control Board approved course on the responsible
serving of alcohol.
B.Â
Approved courses. The City of Pottsville Board of Health
shall be responsible for reviewing and approving courses for servers of alcohol.
The Board of Health will consult with the Pennsylvania Liquor Control Board
to determine approved courses.
C.Â
Records of completion. Food establishments serving alcohol
shall be responsible for ensuring that their bartender/servers and security
personnel attend and complete an approved course within 90 days of their hiring
date and are responsible for maintaining records demonstrating attendance
of an approved course. A certificate of completion shall satisfy this requirement.
If a certificate of completion is pending, a written statement of completion
from a recognized alcohol awareness trainer is acceptable. Such records shall
be open for review by the Health Department upon request.
[Amended 12-12-1994 by Ord.
No. 527]
Any person violating any of the provisions of this article shall be
fined not more than $1,000 and, in default of payment of fine and costs, be
imprisoned not more than 90 days.
[Adopted 3-8-2004 by Ord. No. 703]
Be it hereby ordained and enacted that the City adopts the Commonwealth of Pennsylvania, Department of Agriculture, Division of Food Safety "Food Code" Regulations, Title 7, Chapter 46.
