[HISTORY: Adopted by the Township Council of the Township of College 6-21-2007 by Ord. No. O-07-11. Amendments noted where applicable.]
GENERAL REFERENCES
Liquor license transfer — See Ch. 120.
Streets and sidewalks — See Ch. 177.
[Amended 4-19-2012 by Ord. No. O-12-02[1]]
Food establishments, as defined herein, are declared to be subject to the provisions of the rules and regulations adopted by the Department of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter 46, "Food Code Regulation," issued under the Retail Food Facilities Safety Act of 2010 as now enacted and as may be hereafter amended. A copy of these regulations shall be supplied to any person operating a food establishment, on request.
[1]
Editor’s Note: This ordinance also provided that, under the Intergovernmental Cooperation Law, as amended, and by agreement of College Township and the Borough of State College, enforcement of the College Township Food Establishments Ordinances be by health officers of the Borough of State College. A complete copy of the ordinance is on file in the Township offices.
The definitions, as set forth in the rules and regulations of the Department of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter 46, as now enacted and as may be hereafter amended, are included herein by reference. In addition to the definitions set forth in the Act, the following words and phrases shall have the meaning ascribed to them in this section, unless the context indicates otherwise:
ACTS
Public Eating and Drinking Places Law, the Pennsylvania Public Health Act of May 23, 1945, P.L. 926, as amended, 35 P.S. 655.1 et seq., and the Food Act, 31 P.S. 20.1 et seq.
FOOD ESTABLISHMENT
Both public eating and drinking places and retail food establishments collectively.
MUNICIPALITY
The Township of College, Centre County, Pennsylvania.
PENNSYLVANIA DEPARTMENT OF AGRICULTURE
The rules and regulations adopted by the Pennsylvania Department of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter 46, and the Food Facilities Safety Act of 2010 as now enacted and as may be hereafter amended.
[Amended 4-19-2012 by Ord. No. O-12-02]
WALK-UP WINDOW
An external opening where food or beverages are passed and/or served to a customer on or standing next to a public sidewalk.
A. 
Requirement. No person shall conduct or operate a food establishment within the municipality without first obtaining a license from the municipality. No license shall be issued until inspection of the premises, facilities, and equipment of such food establishment has been made by the duly appointed representative of the said municipality and found to conform with the provisions of the Acts and Department of Agriculture rules and regulations.
B. 
Applications. Application for a license and the required fee shall be submitted prior to erection, structural alteration, occupancy, or operation of any food establishment and/or prior to the issuance of any building permit by the Centre Region Code Administration Department.
C. 
Inspections. The municipality shall have the right of inspection at the submission of application and from time to time to determine compliance with the terms of this ordinance. The Municipal Council shall, from time to time, designate and appoint an Inspector, who shall carry out the inspections in accordance with this chapter, the Acts and the Pennsylvania Department of Agriculture rules and regulations.
A. 
Eating and drinking places. (Reserved)
B. 
Retail food establishments. (Reserved)
C. 
Outdoor eating areas. Licensed food establishments that provide exterior eating areas and allow smoking in these areas shall provide cigarette butt disposal containers and must keep their premises free from the same. Failure to comply with this requirement is declared to be a violation of this chapter and is subject to the penalties contained herein.
D. 
Requirement. Licensed food establishments that sell or serve food or beverages through a walk-up window shall provide interior lobby or seating space for their customers. Such space shall be available to customers whenever the establishment is open for business. The lobby or seating space shall be sized so as to provide space for customers waiting for service and so that they are not forced to block or obstruct the public sidewalk. Establishments may not block or obstruct public sidewalks in providing walk-up window service. Food establishments with a walk-up window shall also provide at least one refuse receptacle near the window and on their premises for their customers' use. Refuse receptacles shall be maintained such that refuse is not allowed to spill or blow onto the public right-of-way.
E. 
Hours of operation. Licensed food establishments that sell or serve food or beverages through a walk-up window shall cease selling or serving food through a walk-up window no later than 12:00 midnight, prevailing time, and may reopen no earlier than 7:00 a.m., prevailing time.
License fees for the inspection and licensing of food establishments shall be set by resolution by the College Township Council.
A. 
Certification of food establishment employees. Food establishments, as defined herein, are declared to be subject to the provisions of the Food Employee Certification Act[1] (Act of December 12, 1994; P.L. 903, No. 131), as amended, and the Rules and Regulations adopted by the Department of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter 76, "Food Employee Certification," as now enacted and as may be hereafter amended. A copy of these regulations shall be supplied to any person operating a food establishment, on request.
[1]
Editor's Note: See 3 Pa.C.S.A. § 6501 et seq.
B. 
Alcohol Awareness Program. (Reserved)