As used in this article, the following terms
shall have the meanings indicated:
Any person who transports, distributes or sells to the public
prepared foods or perishable food of a kind deemed by the Board of
Health to be capable of causing human food-borne illness, from any
truck, trailer, cart or bicycle or other vehicle, except dairy products,
or from any vending machine, container or other type of equipment.
Any food or beverage or ingredients, exclusive of milk and
milk products, capable of supporting rapid and progressive growth
of microorganisms which can cause food infections or food intoxication.
However, products that are processed are excluded from the terms of
this definition.
Any self-service device offered for public use which, upon
insertion of a coin, coins or token or by other means, dispenses unit
servings of food or beverage, either in bulk or in package, without
the necessity of replenishing the device between each vending operation.
A.
Applications for licenses shall be on forms provided
by the Board of Health, which shall set forth the name, residence
and business address of the applicant and the names of the persons
operating the establishment or establishments from which the prepared
or perishable food will be obtained.
B.
Every food vendor shall, upon demand, furnish to the
Board such additional information as this Board may require to enable
it to determine whether the provisions of this chapter are being complied
with. Failure to furnish such information promptly or failure to secure
written permission to inspect or reinspect sources of food supplies
shall result in the refusal to issue or the revocation of the food
vendor's license.
A.
License required.
[Amended 9-8-1970 by Ord. No. 878, approved 9-8-1970; 2-12-1981 by Ord. No.
999, approved 2-12-1981]
(1)
It shall be unlawful for any person to sell or distribute
to the public prepared or perishable food from any food vending vehicle
or from any other type of vending equipment without obtaining a license
from the Board of Health of Prospect Park.
(2)
The fee for vehicle food vending shall be as fixed
and amended from time to time by resolution of the Borough Council,[1] and for vending equipment, the fee shall be as fixed and
amended from time to time by resolution of the Borough Council per
year.
[Amended 12-14-1993 by Ord. No. 1147,
approved 12-14-1993[2]]
(3)
Licenses shall be granted for a period of one year
(May 1 to April 30) or portion thereof.
(4)
Any license granted for a portion of a year shall
be paid at a rate as fixed and amended from time to time by resolution
of the Borough Council per day.
[Amended 12-14-1993 by Ord. No. 1147,
approved 12-14-1993]
(5)
Such licenses shall be displayed at all times in a
conspicuous place or on the vending equipment and shall not be transferable.
(6)
Application for renewal of license shall be made at
least 10 days before the expiration of the existing license.
B.
A license will not be issued to any person until the Health Officer has inspected and approved the establishment and equipment from which the food is to be obtained. Written permission for the Board to inspect or reinspect such establishment or equipment shall be secured by the applicant. Any such establishment shall be equipped and operated in compliance with the provisions of Article VI of this chapter or requirements of the Board now in effect or hereafter adopted.
C.
Revocation. Licenses may be suspended or revoked for
violation by the holder thereof of these rules and regulations. No
license shall be suspended or revoked without the licensee's being
given a hearing before the Board of Health.
This article shall not apply to:
A.
The transportation and wholesale delivery of food
or produce to retail food stores for the purpose of resale.
B.
The transportation and delivery of food to public eating and drinking places duly licensed under Article VI of this chapter.
C.
Any manufacturer or producer in the sale of meat and
meat products or milk and milk products. Nothing contained in this
article shall, however, relieve any person engaged in the manufacture,
distribution and sale of milk and milk products from complying with
the provisions of 71 P.S. § 451 and 31 P.S. § 645
et seq. and the rules and regulations promulgated thereunder.[1]
[1]
Editor's Note: Amended 4-4-1977 by Ord. No.
948, approved 4-4-1977. For additional information concerning the
sale and distribution of milk and milk products, see Title 7, Pennsylvania
Code, Ch. 59, and all amendments thereto.
The Health Officer shall be permitted at any
time to enter upon any private or public property in this Borough
where vending equipment is operating, to inspect the servicing, maintenance
and operation of such equipment for the purpose of determining compliance
with the provisions of this chapter. The operators of vending machines
shall make provision for the Health Officer to have access to the
interior of all vending machines operated by such operators.
A.
No person who is affected with any disease in a communicable
form or is a carrier of such disease shall work as a food vendor,
and no proprietor shall employ any such person or persons suspected
of being a carrier of such disease. If the proprietor suspects any
employee has contracted any such disease, he shall notify the Borough
Health Officer immediately.
B.
Procedure where infection suspected. Where there is
reasonable ground for the Health Officer to suspect there is transmission
of infectious disease from any employee to the public, the Health
Officer is authorized to require the proprietor to forthwith carry
out any of the following measures:
A.
Floors, walls, ceiling, shelves, compartments and
container holders in food vending machines shall be of such construction
as to be readily cleaned and shall be kept clean and in good repair.
Food vending vehicles shall be equipped to provide light of not less
than 10 footcandles at the face of any shelf, display or storage space
at such time as food shall be dispensed therefrom.
B.
In establishments where new installations of vending
equipment are made, such equipment shall be equivalent to or in excess
of that specified by the National Sanitation Foundation Standards.
C.
Siphon breakers shall be installed on all water-supplied
vending equipment.
D.
Refrigerating equipment of approved design shall be
provided on any food vending vehicle or equipment from which perishable
foods are dispensed.
E.
Cold beverages, sandwiches and other perishable foods
shall be kept under dry refrigeration at a temperature of 40°
F. or lower.
A.
There shall be no preparation of food on the vending machine. All foods shall be prepared and wrapped in a licensed establishment complying with all of the provisions of Article VI of this chapter.
B.
Food to be distributed by any food vendor shall be
protected from insects and the elements. All food in the possession
of a food vendor shall be packaged or wrapped and sealed in unbroken
individual containers and shall remain therein until received by the
consumer. Beverages shall be distributed in the original container
or from an automatic vending machine of approved type designed to
dispense the beverage in a single-service container from bulk. Water
carried in a food vending vehicle shall be clean and cold.
