[HISTORY: Adopted by the Borough Council of the Borough of Trafford
as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-11-2000 by Ord. No. 677]
As used in this article the following terms shall have the meanings
indicated:
Appointed by Borough Council, said officer shall have experience
or training in public health work in accordance with rules and regulations
established by the Advisory Health Board of the State Department of Health.
A.
After the passage of this article, it shall be unlawful
for any proprietor to 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 of the Borough of Trafford. No license shall
be issued until an 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 the comfort of patrons. The fee of such license as
defined herein shall be the sum as set forth by resolution of the Borough
Council. The license shall be renewed annually.
B.
Whenever any proprietor maintains more than one public
eating or drinking place within said borough, 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 charge, shall
be the sum as set forth by resolution of the Borough Council.
Any person owning or operating or desiring to operate a public eating
or drinking place within the borough shall submit an application to said borough,
which shall include the name and address of the applicant, together with all
the other information deemed necessary. Before granting any license, the Health
Officer shall visit and inspect the restaurant or premises in 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 appropriate state
standards. 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
issuance. Application for renewal shall be made one month before the expiration
of the existing license.
Licenses issued hereunder shall not be transferable.
The Health Officer of the Borough of Trafford may, on his/her own motion
or on complaint, after an investigation and hearing at which the licensee
shall be afforded an opportunity to be heard, suspend or revoke any license
for any violation by the licensee or his partner, agent, servant or employee
of the provisions of this article. Notice of suspension or revocation and
the reasons therefor, as well as notice of the hearing, shall be given, in
writing, to the licensee. Suspension of the license shall be terminated when
the violation has been corrected. Whenever a license is suspended or revoked,
no part of the fee paid therefor shall be returned.
A.
Whenever the Health Officer determines that there are
reasonable grounds to believe that there has been a violation of this chapter,
notice of such alleged violation shall be given to the person or persons responsible
therefor, as hereinafter provided:
(1)
Such notice shall be served upon the owner or his agent,
or the occupant, as the case may require, provided that such notice shall
be deemed to be properly served upon such owner or agent or upon such occupant,
if a copy thereof is served upon him personally or if a copy thereof is posted
in a conspicuous place in or about the premises affected by the notice or
if he is served with such notice by any other method authorized or required
under the laws of this state.
(2)
Such notice shall require the owner to commence action
in accordance with the terms thereof within 20 days of the date of the notice
and thereafter to complete the work necessary to comply fully with the terms
of the notice, as soon as is reasonable, but not later than 30 days from the
date of said notice. The Health Officer may grant a request for a reasonable
extension of time where he has evidence to believe that the responsible person
is attempting to remove the alleged violation. However, no such extension
of time may exceed a period of 90 days.
(3)
The expense of said compliance shall be at the expense
of the owner; provided, however, that if a violation requires immediate correction,
such notice shall require the owner to immediately comply with the terms thereof.
B.
Whenever the Health Officer determines an emergency exists
which requires immediate action to protect the public health, safety, morals
or general welfare, they may, without notice or hearing, issue an order reciting
the existence of such an emergency and requiring that such action be taken
as they deem necessary to meet the emergency, or revoke it.
]Amended 5-10-2005 by Ord. No. 702]
Any person who shall violate any provisions of this article shall, upon
conviction, be punished by a fine of not less than $100 nor more than $1,000
and costs of prosecution. Each day's failure to comply with any such provisions
shall constitute a separate violation. The imposition of the penalties herein
prescribed shall not preclude the solicitor representing the borough from
initiating, and she is hereby authorized to initiate, appropriate actions
or proceedings at law or in equity to effect the purposes of this Code.
