[HISTORY: Adopted by the Borough Council of the Borough of
Jim Thorpe as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-12-2009 by Ord. No. 2009-7[1]]
[1]
Editor's Note: This ordinance also superseded former
Art. I, Adoption of Standards, adopted 10-8-2009 by Ord. No. 2009-6.
The definitions, the inspection of food service establishments,
the issuance, suspension and revocation of permits to operate food
service establishments, the prohibiting of the sale of unsound or
mislabeled food or drink, and the enforcement of this article shall
be regulated in accordance with the Pennsylvania Department of Agriculture
PA Food Code,[1] a copy of which shall be on file at the office of the
Borough Secretary.
[1]
Editor's Note: See Chapter 46 of Title 7 of the Pennsylvania
Code.
The definitions, requirements of employee certification, and
the enforcement of this article shall be regulated in accordance with
the Pennsylvania Department of Agriculture Food Employee Certification
Act.[1] All food service establishments within the Borough of
Jim Thorpe must meet all requirements of the Food Employee Certification
Act, with the exception of any exemptions listed in the Act.
[1]
Editor's Note: See Chapter 76 of Title 7 of the Pennsylvania
Code.
A.
Any person who violates any provision of this article, including
failure to pass a reinspection, complaint inspection or compliance
inspection, shall be subject to the following penalties:
(1)
First violation: a fine of $200, plus costs.
(2)
Second violation: a fine of $500, plus costs
(3)
Third and each subsequent violation: a fine of $1,000, plus a suspension
of license for a period of not fewer than five days nor more than
60 days at the discretion of the Health Officer, plus costs.
B.
An establishment that does not pass the inspection at the initial
or annual inspection shall not be subject to a penalty for failing
to pass the inspection at that initial or annual inspection.