[HISTORY: Adopted by the Board of Supervisors of the Township
of Newtown 12-27-2001 by Ord. No. 2001-5. Amendments noted where
applicable.]
The purpose of this chapter is to ensure that every food establishment
shall be conducted, operated and maintained in accordance with the
requirements prescribed in the following sections and with such additional
requirements as the Board/Township may, by regulation, prescribe to
protect the health of the ultimate consumers of food handled in such
establishments.
As used in this chapter, the following terms shall have the
meanings indicated:
Any place, permanent or temporary, within the Township of
Newtown where food or drink is prepared, handled, served or provided
for the public, with or without charge. Food establishments shall
include, but not limited to, eating and drinking establishments, mobile
food establishments and retail food establishments.
A grant to the licensee to conduct a food establishment.
Newtown Township.
Any vehicular food service establishment.
Any food establishment which operates at any location for
a temporary period of time not to exceed more than 14 consecutive
calendar days, regardless of whether the establishment operated continuously
during this time, in connection with a fair, carnival, church, club,
public exhibition or similar gathering.
A.
It shall be unlawful for any proprietor to conduct or operate a food
establishment within Newtown Township without first obtaining a license,
as herein provided. Such license shall be issued by the Township.
B.
Application for license shall be made on forms provided by the licensor
and shall be accompanied by the appropriate license and inspection
fees.
C.
No license shall be issued until inspection of the premises, facilities
and equipment has been made by the licensor and found to be adequate
for the protection of the public health and comfort of the patrons
and to be in compliance with the rules and regulations of this chapter
and all other applicable chapters of this Code.
D.
Whenever a license is denied, the licensor shall state in writing
to the applicant the reasons for such refusal.
A.
License fee. The annual license fee shall be $1.
B.
Inspection fees.
(1)
An annual inspection fee shall be charged to defray the cost of inspections,
consultations and servicing of the food establishments. All such inspections
shall be for the purpose of ascertaining compliance with the requirements
of Title 25, Environmental Protection, Part I; Department of Environmental
Protection, Subpart D; Environmental Health and Safety, Article I;
Food Protection, Chapter 151; Food Establishments, and the rules and
regulations and requirements of the Code of the Township of Newtown
applicable thereto.
(2)
The inspection fees shall be based upon the floor area of the food
establishments as follows:
|
(square feet)
|
Floor Area
(square meters)
|
Fee
|
|---|---|---|
|
Less than 1,500
|
Less than 139
|
$100
|
|
1,501 to 2,500
|
139 to 232
|
$150
|
|
2,501 to 5,000
|
232 to 464
|
$225
|
|
5,001 to 7,500
|
464 to 697
|
$350
|
|
7,501 to 10,000
|
697 to 929
|
$500
|
|
10,001 to 15,000
|
929 to 1,393
|
$600
|
|
Greater than 15,001
|
Greater than 1,393
|
$700
|
(3)
The annual health license fee covers the cost of routine inspections
each year, as well as one follow-up visit, if necessary. In the event
any food establishment requires more frequent inspections due to noncompliance
with local, state or federal health codes, an additional inspection
charge of $50 per inspection will be levied.
A.
Licenses shall be granted for a period of one year from date of issue. Application for renewal shall be made one month before expiration of the existing license. A license granted under the provisions of this chapter shall be renewed if, on inspection by the licensor, the conditions specified in § 86-3C of this chapter are fulfilled.
B.
Licenses, herein provided for, shall specify the date of issuance,
the period which is covered, the name of the licensee and the place
licensed. Such licenses shall be conspicuously displayed at all times
in the place thereby licensed.
C.
Licenses shall not be transferable.
Newtown Township shall adopt rules and regulations for the operation
of food establishments. Such regulations shall be adopted by resolution
by the Board of Supervisors. They shall be reviewed periodically and
updated when necessary.
A.
Before work is begun in the construction, remodeling or alteration
of a food establishment where food is prepared, stored or served,
or in the conversion of an existing establishment to a food establishment,
properly prepared plans and specifications shall be submitted to and
approved by the licensor.
A.
The licensor shall conduct periodic inspections of all food establishments
licensed under this chapter and keep accurate records of such inspections.
The Township or its authorized representative shall have the right
to enter any food establishment in order to conduct inspections and
obtain samples to determine compliance with the requirements of this
chapter and other provisions of this Code. Any license issued under
this chapter shall be immediately suspended in the event an authorized
representative of the licensor, after presenting proper identification,
is denied entry to any area of any food establishment when the establishment
is open to the public or during other reasonable hours. Such suspension
shall continue until entry is allowed to the authorized representative
of the licensor, an inspection is completed and conditions are found
to be satisfactory. In the event that entry is denied for seven or
more consecutive days, the license may be revoked.
B.
Whenever inspection produces samples which indicate adulterated food,
the cost of laboratory testing shall be borne by the food establishment,
and the Health Officer shall issue a statement therefor.
A.
Any licensee who, after investigation made by the licensor and after
having the opportunity to be heard by the Township, has failed or
refused, after a reasonable interval, to correct conditions found
to constitute a violation of this chapter or the rules and regulations
adopted hereunder, shall have his/her license revoked or suspended.
B.
Any applicant who has been refused a license or any licensee whose
license has been revoked or suspended and who feels aggrieved by the
action of the licensor shall be privileged to appeal that decision
to and be heard by the Board of Supervisors. The licensor shall be
given notice of any such hearing and shall prevent all applicable
records to the Board of Supervisors.
C.
Any applicant or licensee who is aggrieved by an action of the Board
of Supervisors shall be privileged, on payment of the reasonable expense
of preparing the same, to have such records certified to the Court
of Common Pleas of the County of Delaware, whereupon the Court shall
review such records and proceedings and properly enter such order
or decree as the facts shall justify.
A.
No employee with any disease in a communicable form or who is a carrier
of such diseases shall work in any food establishment in any capacity
which brings him/her into contact with the production, handling, storage
or transportation of food or equipment used in food establishments.
B.
No proprietor shall employ in any capacity any such person suspected
of having any disease in a communicable form or being a carrier of
such disease.
C.
Any employee who has a discharging or infected wound, sore or lesion
on the hands, arms or any exposed portion of the body shall be excluded
from those operations which will bring him/her into contact with food,
beverages, utensils or equipment used in food establishments.
D.
When reasonable grounds exist to indicate that there is a possibility
of transmission of infection from any employee, the proprietor, the
Township and/or Health Officer shall be authorized to require any
or all of the following measures:
(1)
The immediate exclusion of the employee from the food establishment.
(2)
Restriction of the services of the employee to some work area where
there is no danger of transmission of disease.
(3)
Adequate medical examinations of the employee and his/her associates,
with such laboratory examination as may be necessary.
E.
When there are reasonable grounds to indicate that there is a danger
of food-borne disease outbreak, the Heath Officer, with the concurrence
of a physician, may require the immediate closing of the establishment
until no further danger of an outbreak exists.
F.
The Township may establish, at its own discretion, medical and/or
screening programs and may require any or all employees of food establishments
to be tested.
Chapter 86, entitled "Food Establishments," shall include the addition of a new provision to the chapter to be known as "Part 2," which shall be and is hereby adopted by reference as an amendment to Chapter 86 of the Code of the Township of Newtown entitled "Food Establishments," namely the Commonwealth of Pennsylvania, Department of Agriculture, rules and regulations under Title 7, Chapter 78,[1] as if fully set out in this chapter and as may from time
to time be amended.
[1]
Editor's Note: See 7 Pa. Code Chapter 78.
It shall be the duty and responsibility of the Health Officer
of the Township or a designee to enforce the provisions of this chapter.
Any person, persons, firm or corporation who shall violate a provision of Chapter 86, Food Establishments, or who should shall fail to comply with any of the requirements thereof or a directive of the Township of Newtown's Health Officer or his deputy relating thereto shall, upon judgment against any person, persons, firm or corporation, be subject to the provisions of Chapter 1, Article I, entitled "Adoption of Code," § 1-15, entitled "General Penalty," thereof.
