[HISTORY: Adopted by the Board of Commissioners of Upper
Moreland Township as Title 5, Ch. 2, of the 1977 Code.[1] Amendments noted where applicable.]
[1]
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:
A.
Be put in writing;
B.
Include a statement of the reasons why it is being issued;
C.
Allow a reasonable time for the performance of any act it requires;
D.
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:
(1)
Contain an outline of remedial action which, if taken, will effect
compliance with the provisions of this chapter; and
(2)
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.
A.
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.
B.
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.
C.
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.
