As used in this article, the following terms
shall have the meanings indicated:
EMPLOYEE
Any person who handles food or drink during the preparation
or serving or comes in contact with any eating or cooking utensils
or who is employed in a room in which food or drink is prepared or
served. This shall include the proprietor or any member of the proprietor's
family who handles food and drink. The masculine shall be interpreted
to include the feminine and neuter pronoun.
LICENSE
The permission granted to a licensee to conduct a public
eating and drinking place.
PROPRIETOR
Any person, partnership, association or corporation conducting
or operating a public eating or drinking place within the limits of
the Borough.
PUBLIC EATING AND DRINKING PLACE
Restaurant; coffee shop or cafeteria; short order cafe; luncheonette;
tavern; sandwich stand; soda fountain; private club; hospital kitchen;
dining room or snack bar; industrial kitchen, dining room, cafeteria
or snack bar; school lunchroom or cafeteria; or any other place where
food, drinks or refreshments are served, sold or prepared and sold
or given away, to be consumed on or off the premises; provided, however,
that this definition shall not be interpreted to include boardinghouses
or private homes.
TEMPORARY PUBLIC EATING AND DRINKING PLACE
One operating for a temporary period in connection with a
fair, carnival, circus or public exhibition or other similar gathering
which does not last longer than two weeks.
[Amended 9-8-1970 by Ord. No. 878, approved 9-8-1970]
A. It shall be unlawful for any person to operate a public
eating and drinking place in the Borough who does not possess a license
from the Board of Health of Prospect Park.
B. Fees.
[Amended 2-14-1978 by Ord. No. 962, approved 2-14-1978; 12-14-1993 by Ord. No.
1147, approved 12-14-1993]
(1) The fee for such license for any place with a seating
capacity of 10 or fewer persons shall be as fixed and amended from
time to time by resolution of the Borough Council, and for any place with a seating capacity in excess of
10 persons, the fee shall be as fixed and amended from time to time
by resolution of the Borough Council, both of which fees shall include
two inspections. Additional inspections in any place with a seating
capacity of 10 or fewer persons shall be a fee as fixed by resolution
of the Borough Council per reinspection, and in any place with a seating
capacity in excess of 10 persons, the fee shall be as fixed by resolution
of the Borough Council per reinspection.
(2) The fee for temporary public eating and drinking places
shall be as fixed and amended from time to time by resolution of the
Borough Council.
C. Licenses shall be granted for a period of one year
(February 1 to January 31) or portion thereof, except licenses for
temporary public eating and drinking places.
D. Such license shall be displayed at all times in the
place thereby licensed and shall not be transferable.
E. Application for renewal shall be made at least 10
days before expiration of the existing license.
F. Licenses may be revoked or suspended for violations
of these rules and regulations by the holder thereof. No license shall
be revoked or suspended without the licensee's being given a hearing
before the Board of Health.
All kitchens, stands and counters where food
is prepared shall be equipped with or have adjacent thereto separate
handwashing facilities for the washing and cleansing of the hands,
equipped with running hot and cold water, soap and sanitary towels.
Running hot and cold water under pressure of
not less than 15 pounds per square inch shall be easily accessible
to all rooms in which food is prepared or utensils are washed and
shall be adequate and of a safe, sanitary quality.
All liquid waste resulting from the cleansing
and rinsing of utensils and floors and from flush toilets and lavatories
must be disposed of in a public sewer or, in the absence of a public
sewer, by methods approved by provisions of the Prospect Park Borough
Plumbing Code. All garbage must be stored in nonleaking metal containers
with tight-fitting lids or in an approved garbage storage room and
all other waste materials must be kept free of garbage and stored
in nonleaking metal containers with tight-fitting lids or in an approved
waste material storage room and be covered at all times. Garbage and
other waste materials must be removed from the premises as often as
necessary to prevent a nuisance and disposed of in a manner to be
approved by the Board of Health. All garbage and waste material receptacles
must be washed when emptied and be treated with a disinfectant if
necessary to prevent a nuisance. Adequate can-washing facilities shall be provided.
All readily perishable food or drink shall be
kept at temperatures lower than 40° F., except when being prepared
or served. All refrigerators must be equipped with an indicating thermometer
and maintained in a clean and sanitary condition. Wastewater from
refrigeration equipment shall be disposed of in accordance with Prospect
Park Borough Plumbing Code.
All food handlers shall wear clean garments
and shall keep their hands and fingernails clean at all times when
engaged in the handling of food, drink, utensils or equipment. All
female employees shall wear hairnets. All male employees shall wear
caps while engaged in the preparation of food. All food handlers who
in any manner come in contact with or handle food shall thoroughly
wash their hands with soap and water before beginning work. No employee
shall use tobacco in any form while engaged in the handling of food
or drink.
All persons engaged in the operation of any
public eating and drinking place shall be required to take all necessary
precautions to keep the premises free of rats and vermin. In the case
of rat or vermin infestation, operators shall report such infestation
to the Board of Health for the purpose of procuring proper advice
and instructions in order to eliminate the nuisance. In the case of
all new establishments, all rooms in which food and drink are prepared,
stored or served shall be of a ratproof construction.
Any official representative of the Board of
Health in the performance of any duty imposed by this chapter shall
have full access to any place, container or conveyance used in the
production, preparation, manufacture, packing, storage, transportation,
handling, distribution or sale of any food. He shall be entitled to
make an examination, open any package or container and take therefrom
a sample for analysis of any food manufactured, sold, exposed for
sale or found to be in possession of the proprietor in violation of
any provisions of these rules and regulations.
Whenever the proprietor of a public eating and
drinking place shall fail to keep his public eating and drinking place
in a sanitary condition or whenever food or drink or the sale of the
same is likely to cause or transmit disease, the Board of Health,
upon proper notification, shall order closed such public eating and
drinking place until it shall have been put in a sanitary condition
or until the food or drink or the sale of the same shall be no longer
likely to cause any illness or transmit disease. The proprietor of
the public eating and drinking place, when so ordered, shall immediately
comply with and obey such order and shall not conduct further operations
until permission has been granted by the Board.