[HISTORY: Adopted by the Township Council
of the Township of College 6-21-2007 by Ord. No. O-07-11. Amendments noted
where applicable.]
[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:
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.
Both public eating and drinking places and retail food establishments
collectively.
The Township of College, Centre County, Pennsylvania.
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]
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)
