As used in this article, the following terms shall have the meanings indicated:
FOOD VENDOR
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.
PERISHABLE FOODS
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.
VENDING EQUIPMENT
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]]
[1]
Editor's Note: The fees resolution is on file in the Borough Secretary's office.
[2]
Editor's Note: This ordinance also provided that the original fees remain in full force and effect until the Borough Council enacts changes by resolution.
(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:
(1) 
The immediate exclusion of the employee from employment.
(2) 
The immediate closing of the vending equipment until the danger of disease outbreak ceases to exist.
(3) 
Adequate medical examinations of the employee and of his associates, including appropriate laboratory examinations.
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.
A. 
Garbage and trash shall at all times be kept in suitable containers with tight-fitting lids and disposed of at frequent intervals so as not to create a nuisance.[1]
[1]
Editor's Note: See Ch. 86, Garage, Rubbish and Refuse.
B. 
All plumbing connected with food vending equipment shall be installed in accordance with the Borough Plumbing Code.[2]
[2]
Editor's Note: See Ch. 125, Plumbing.