[HISTORY: Adopted by the Board of Commissioners of Upper Moreland Township as Title 5, Ch. 2, of the 1977 Code. Amendments noted where applicable.]
Editor's Note: This chapter was adopted 11-11-1969 by Ord. No. 671 and amended 12-29-1976 by Ord. No. 857 and 9-6-1988 by Ord. No. 1165.
It shall be unlawful for any person to conduct or operate a food establishment or public eating and/or drinking place where food or beverage intended for human consumption is kept, stored, manufactured, prepared, dressed, handled, sold or offered for sale, with or without charge, either at wholesale or retail, within the Township of Upper Moreland, without first obtaining a license therefor.
Licenses herein provided for shall specify the date of issuance, the name of the license and the place licensed. Such license shall be conspicuously displayed at all times in the place so licensed. Licenses shall not be transferable.
A license issued under this chapter shall expire on the 31st day of December of each year. License shall be renewable annually, in the same manner and upon payment of the same annual fee as provided in § 160-4 hereof.
No license shall be issued until inspection of the premises, facilities and equipment has been made by a duly authorized representative of the Department of Health of the Township of Upper Moreland. The fee for such inspection shall be in accordance with the fee schedule set forth in Chapter 140, Fees, Rates and Permits, of the Upper Moreland Township Code.
Whenever any person maintains more than one food establishment or public eating and/or drinking place, he shall be required to apply for and procure a separate license for each food establishment or eating or drinking place.
Any person whose application for a license has been denied may request, and shall be granted, a hearing before the Department of Public Health, as hereinafter provided.
The Department of Public Health of the Township of Upper Moreland, in order to protect the health and safety of the people of the Township, is authorized and directed, by implementing and enforcing the provisions of this chapter, to control the conduct and operation of food establishments and public eating and drinking places in the Township.
Whenever the Department of Public Health or duly authorized representative determines that there are reasonable grounds to believe that there has been a violation of any provisions of this chapter or of any regulation adopted pursuant thereto, it shall give notice of such alleged violation to the person or persons responsible therefor, as hereinafter provided. Such notice shall:
Be put in writing;
Include a statement of the reasons why it is being issued;
Allow a reasonable time for the performance of any act it requires;
Be served upon the holder of a license issued under this chapter or upon the owner or his agent or the occupant of any premises, provided that such notice shall be deemed to have been properly served when a copy thereof has been served personally or in accordance with any other method authorized or required under the laws of this state. Such notice may:
Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter; and
State that, unless conditions or practices described in such notice which violate this chapter are corrected within the reasonable time specified in such notice, a license which has been issued pursuant to this chapter may be suspended or revoked.
Any person who is affected by any notice which has been issued in connection with the enforcement of any provisions of this chapter, or other regulation adopted pursuant thereto, may request, and shall be granted, a hearing on the matter before the Department of Health, provided that such person shall file in the office of the Department, a written petition requesting such hearing, setting forth a brief statement of the grounds therefor, within 10 days of the day the notice was served. Upon receipt of such petition, the Department of Public Health shall set a time and place for such hearing and shall give the petitioner written notice thereof. At such hearing, the petitioner shall be given an opportunity to be heard. The hearing shall be commenced not later than 10 days after the day on which the petition is filed, provided that, upon application of the petitioner, the Department of Public Health may postpone the date of the hearing for a reasonable time beyond such ten-day period when in its judgment the petitioner has submitted a good and sufficient reason for such postponement.
After such hearing, the Department of Public Health shall sustain, modify or withdraw the notice, depending upon its finding based on such hearing as to whether or not the provisions of this chapter and of the regulations adopted pursuant thereto have been complied with. If the Department of Health sustains or modifies such notice, it shall be deemed to be an order. Any notice shall automatically become an order if a written petition for a hearing has not been filed in the office of the Department of Public Health within 10 days after such notice was served. In the case of any notice which states that the license required by this chapter may be suspended or revoked, the Department of Public Health may suspend or revoke such license if an order is issued and corrective action has not been taken within the time specified in the notice.
The proceedings at such hearing, including the findings and decision of the Department of Public Health, shall be summarized, put into writing, and entered as a matter of public record in the office of the Department. Such record shall include, also, a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the Department of Public Health may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of this state.
Whenever the Department of Public Health finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, it may, without notice or hearing, issue a written order citing the existence of such an emergency and the conditions violating this chapter or regulations adopted pursuant thereto which require corrective action to remove such health hazard. If such corrective action has not been taken, the Department of Public Health may take such action as may be necessary to protect the public health, including complete shutdown. Notwithstanding other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but upon petition to the Department of Public Health shall be afforded a hearing as soon as possible, but in any case not later than three days after the petition was filed. After such hearing, depending upon its finding as to whether or not the provisions of this chapter and of the regulations adopted pursuant thereto have been complied with, the Department of Public Health shall continue such order in effect, or modify it or revoke it.
The Department of Public Health shall have the power to enter at reasonable times upon private or public property for the purpose of inspecting and investigating conditions relating to the enforcement of the provisions of this chapter.
The Department of Public Health is hereby authorized and directed to adopt such written regulations as may be necessary for the implementation and enforcement of the provisions of this chapter, said regulations becoming effective after adoption by resolution of the Board of Commissioners. A certified copy of all regulations which may be adopted and approved by the Board of Commissioners shall be made available for the inspection of the public on request. Such regulations shall have the same force and effect as the provisions of this chapter, and the penalty for violation of the provisions of this chapter, as hereafter provided.
Any person who shall violate any provisions of this chapter, or any regulation adopted thereunder, upon summary conviction before a local authority, shall be punished by a fine of not less than $100 nor more than $1,000 or five days in jail, and each day's failure to comply with any such subdivision shall constitute a separate violation.