[HISTORY: Adopted by the Board of Commissioners of the Township
of Upper Chichester 5-14-1998 by Ord. No. 559 (Ch. 10, Part 6, of the
1987 Code of Ordinances). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 155.
Business use registration — See Ch. 208.
Construction standards — See Ch. 240.
Dumpsters and storage containers — See Ch. 274.
Entertainment and temporary uses — See Ch. 282.
Property maintenance — See Ch. 429.
Sewers and sewage disposal — See Ch. 455.
Solid waste — See Ch. 484.
Vector control — See Ch. 542.
Zoning — See Ch. 600.
The Health Officer of the Township of Upper Chichester shall
have the power, and it shall be his duty, to enforce the laws of the
Commonwealth of Pennsylvania, the regulations of the Pennsylvania
State Department of Health, and the ordinances of the Township of
Upper Chichester relating to health work, and to make and enforce
such additional rules and regulations to prevent the introduction
and spread of infectious or contagious diseases, and by abating and
removing all nuisances which he shall deem prejudicial to the public
health, to mark infected houses or places and make other rules and
regulations as he shall deem necessary for the preservation of the
public health. Such rules and regulations, when approved by the Township
Commissioners, and when advertised in the same manner as other ordinances,
shall have the force of ordinances of the Township.
As used in this chapter, the following words and phrases shall
have the meanings indicated unless the context clearly indicates a
different meaning:
The condition of a food:
If it bears or contains any poisonous or deleterious substance
in a quantity which is likely to render it injurious to health;
If it bears or contains any added poisonous or deleterious substance
for which no safe tolerance has been established by regulation or
in excess of such tolerance if one has been established;
If it consists in whole or in part of any filthy, putrid or
decomposed substance or if it is otherwise unfit for human consumption;
If it has been processed, prepared, packed or held under unsanitary
conditions whereby it is likely to have become contaminated with filth
or whereby it is likely to have been rendered injurious to health;
If it is, in whole or in part, the product of a diseased animal
or an animal which has died otherwise than by slaughter; or
If its container is composed in whole or in part of any poisonous
or deleterious substance which is likely to render the contents injurious
to health.
Accepted as satisfactory to the Health Officer.
Duly authorized representative of the Health Officer of Upper
Chichester Township.
Any product consisting principally of flour, sugar, eggs
and milk, with or without cornstarch, heated, cooled and applied to
pastry without subsequent heating, and to filled pastry such as cream
puffs or éclairs which may be heated subsequent to filling.
Any person who handles food or drink during the preparation
or serving or comes in contact with any eating or cooking utensils
or who is employed in a room in which food or drink is prepared or
served. This shall include an individual proprietor or any member
of the proprietor's family who handles food and drink.
All stoves, ranges, hoods, meat blocks, tables, counters,
refrigerators, sinks, dishwashing machines, steam tables and similar
items, other than utensils, used in the operation of a public eating
and drinking place or a food establishment.
Any raw, cooked or processed edible substance, beverage or
ingredient intended in whole or in part for human consumption.
Surfaces of equipment and utensils which normally come in
contact with food, directly or indirectly.
Any 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
and not consumed on the premises; provided, however, that the term
"food establishment" shall not include a public eating and drinking
place.
All putrescible wastes, except sewage and body waste, including
animal and offal.
The Health Officer of the Township of Upper Chichester or
his/her authorized representative(s).
A place or establishment operating for a temporary period
not to exceed 14 days in connection with a fair, carnival, circus,
public exhibition or similar gathering.
The permission granted to a licensee to conduct a public
eating and drinking place, food establishment or itinerant public
eating and drinking place.
A holder of a license.
The Health Officer of the Township of Upper Chichester.
A motorized vehicle, which may, upon issuance of a permit
by the Township and conformance with the regulations established by
this chapter, temporarily park within a parking lot, park or upon
a publicly dedicated street or area, to engage in the service, sale
or distribution of ready-to-eat food for individual portion service
to the general public, directly to the vehicle. This term shall include
trucks and/or trailers used for food vending.
[Added 4-11-2019 by Ord.
No. 732]
The owner and/or operator of a mobile food truck/trailer
or the owner's agent, hereinafter referred to as "vendor."
[Added 4-11-2019 by Ord.
No. 732]
A ready-to-eat food service, which is operated from a temporary,
nonpermanent structure (including but not limited to a trailer, shed
or other nonpermanent structure on a property) specifically excluding
tents as an accessory to an existing principal use on a property.
Restaurant operations deemed to be nonpermanent must comply with all
provisions of the Upper Chichester Township Zoning Ordinance.[1] Any other structures must be preapproved by the Township.
Tents for said operations are specifically prohibited unless specifically
authorized on a case-by-case basis after a request to the Board of
Commissioners for their use.
[Added 4-11-2019 by Ord.
No. 732]
A public nuisance affecting health.
Fugitive or malodorous air contaminants emitted into the
outdoor atmosphere from any source in such a manner that the contaminants
are detectable outside the property of the person on whose land the
source is being operated.
The owner or owners of any building or structure, whether
individual, firm, corporation, association or partnership.
Any food of such type or in such condition as may spoil.
Any individual, firm, corporation, association or partnership,
and includes the plural as well as the singular, and the female as
well as the male.
Any perishable food or drink which consists, in whole or
in part, of milk or milk products, eggs, meat, poultry, fish, shellfish
or other ingredients capable of supporting rapid and progressive growth
of infectious or toxigenic microorganisms.
Any person, partnership, association or corporation conducting
or operating within the limits of the Township a public eating and
drinking place or a food establishment or an itinerant public eating
and drinking place.
Restaurant; coffee shop; cafeteria; short-order cafe; snack
bar; or any other place where food, drinks or refreshments are served,
sold, or prepared and sold or given away to be consumed on the premises;
provided, however, that this definition shall not be interpreted to
include boardinghouses or private homes.
All nonputrescible wastes generally regarded as rubbish,
trash, junk and similar debris which have been rejected by the owner
or possessor thereof as useless or worthless.
Effective bactericidal treatment of clean surfaces of equipment
and utensils by a process which has been approved by the Pennsylvania
Department of Health as being effective in destroying microorganisms,
including pathogens.
Includes oysters, clams, scallops or mussels, fresh and frozen;
any shrimp, crab or lobster, fresh, frozen or cooked but not packed
in a sealed container; and any other mollusks, fresh or frozen, intended
for human consumption.
Cups, containers, lids or closures, plates, knives, forks,
spoons, stirrers, paddles, straws, placemats, napkins, doilies, wrapping
materials, and all similar articles which are constructed wholly or
in part from paper, paperboard, molded pulp, foil, wood, plastic,
synthetic or other readily destructible material, and which are intended
by the manufacturers and generally recognized by the public for a
one-time use only, and then to be discarded.
Any well, spring, cistern infiltration gallery, stream, reservoir,
pond or lake from which water is taken, by any means, either intermittently
or continuously for use by the public.
Any kitchenware, tableware, glassware, cutlery, containers
or other equipment with which food or drink comes in contact during
storage, preparation or serving.
Any substance that contains any of the waste products or
excrements or other discharge from the bodies of human beings or animals
and any noxious or deleterious substance being harmful or inimical
to the public health, or to animal or aquatic life, or to the use
of water for domestic water supply or for recreation.
A source or sources of water, as well as any and all water
treatment, storage, transmission and distribution facilities.
A.Â
It shall be unlawful for any person to operate a public eating and
drinking place or a food establishment or an itinerant public eating
and drinking place in the Township who does not possess a license
from the Health Officer of Upper Chichester Township. The fee for
such a license shall be fixed by resolution of the Board of Commissioners
and may be amended from time to time. Licenses shall be granted for
a period of one calendar year or portion thereof. Such license shall
be conspicuously displayed at all times in the place thereby licensed
and shall not be transferable. Application for renewal of a license
shall be made at least 10 days before the expiration of the existing
license. Licenses may be suspended or revoked for violations by the
holder thereof of the provisions of this chapter. No license shall
be suspended or revoked without the licensee being given a hearing
before the Board of Health.
B.Â
No person shall operate a public eating and drinking place or a food
establishment or an itinerant public eating and drinking place without
first obtaining a license from the Health Officer of the Township
of Upper Chichester and paying an inspection fee for the calendar
year or portion thereof to defray the administrative costs of inspections,
consultation and servicing of the food sanitation program of the Township
of Upper Chichester. All such inspections shall be for the purpose
of ascertaining compliance with the provisions of this chapter. Fees
required under this section shall be fixed by resolution of the Board
of Commissioners and may be amended from time to time.
When a public eating and drinking place or a food establishment
is hereafter constructed or extensively remodeled or when an existing
structure is converted for use as a public eating and drinking place
or a food establishment, properly prepared plans and specifications
for such construction, remodeling or alteration, showing layout, arrangement
and construction materials of work areas and the location, size and
type of fixed equipment and facilities shall be submitted in duplicate
to the Health Officer for approval before such work is begun. No building
permit shall be issued by the Building Inspector until such approval
has been given by the Health Officer.
A.Â
Enclosures. Every public eating and drinking place, food establishment,
and itinerant public eating and drinking place shall be so constructed
and maintained as to provide adequate enclosure and protection of
the food or drink and the food or drink handling operations contained
therein, including compliance with all subsections of this section.
B.Â
Floors. The floor of any room or place where food or drink is stored,
prepared or served or in which utensils are cleansed shall be of such
construction as to be easily cleaned and shall be smooth and kept
clean and in good repair. The floors of all rooms in which food or
drink is prepared or stored, or in which utensils are washed, shall
be constructed of material impervious to water and shall be provided
with a sanitary base and with adequate and sufficient drains to permit
cleaning. All floors shall be tightly sealed where they meet the wall
surfaces in any food handling and/or utensil cleaning rooms or areas
with the proper cove molding.
C.Â
Walls and ceilings. Walls and ceilings of all rooms in which food
or drink is prepared, served or stored or utensils are washed or stored
shall be kept clean and in a sanitary condition. The walls and ceilings
of all such rooms shall have a smooth washable surface and shall be
finished in a light color. No paper or oilcloth coverings are permitted
on walls of kitchens and food preparation rooms. In the case of all
new establishments, all rooms in which food or drink is prepared or
served or in which utensils are washed shall have a clear ceiling
height of not less than seven feet.
D.Â
Construction of kitchens. The rooms in which food is prepared shall
be of adequate size and construction to permit easy cleansing and
the unhampered performance of all kitchen operations.
E.Â
Construction and location of utensils and equipment. All eating and
cooking utensils and all showcases and display cases or windows, counters,
shelves, tables, booths and refrigeration and other equipment shall
be of a sanitary design and construction and so located as to be easily
cleaned and shall be kept clean and in a sanitary condition. In new
establishments or in establishments where new installations of equipment
are made, all equipment used for the preparation, storing, handling
or serving of food or drink shall be equivalent to or in excess of
that specified in the National Sanitation Foundation Standards. Such
equipment shall be spaced away from walls and corners so as to permit
access for cleaning of the equipment and walls.
(1)Â
Thirty inches of working space shall be required between all units
of new equipment, unless such equipment is movable. A minimum of 30
inches of working space shall be provided between counters, backbars
and worktables wherever located. No cooking unit of any kind shall
be permitted to be placed or located in any bay window. All new installations
of equipment shall be elevated at least six inches from the floor
on pear-shaped legs or sealed tight to the floor with a three-inch
cove base or stainless steel removable kickplates. Where equipment
with a closed bottom without air spaces is set on a masonry base,
the top of the base shall be waterproofed with mastic.
(2)Â
In cases of all new construction, shelves shall be constructed at
least two inches from the wall unless tightly stripped to eliminate
cracks.
F.Â
Doors and windows. All openings into the outer air shall be effectively
screened from April 1 to December 1 with not less than sixteen-mesh
wire so as to prevent the entrance of flies. Doors shall be self-closing,
unless other effective means are provided to prevent the entrance
of flies. All screened doors shall open outward.
G.Â
Lighting. All rooms in which food or drink is prepared or in which
utensils are washed shall be well lighted, with adequate natural or
artificial lighting sufficient to produce an intensity of not less
than 15 footcandles at 30 inches from the floor. In rooms where food
is stored, lighting shall be provided sufficient to produce an intensity
of not less than five footcandles at 30 inches from the floor.
A.Â
Rooms in which food is prepared or served or utensils are washed,
dressing or locker rooms, toilet rooms and garbage or rubbish storage
areas shall be well ventilated to the outside.
B.Â
Mechanical ventilation facilities, which meet the standards of the
Township building code, shall be provided as needed to prevent the
condensation or accumulation of offensive or dangerous gases, moisture,
excessive heat, steam, dust, offensive odors, smoke, grease and vapors.
C.Â
Mechanical ventilation devices including blowers, canopies, hoods
and ducts shall be so constructed as to be easily cleaned and shall
be maintained so as to prevent grease or other materials from dropping
into or onto food preparation surfaces.
D.Â
Exhaust outlets from mechanical ventilating devices shall be designed
and installed so as to avoid creating a nuisance. Vents to outside
air from cooking units must be carried above the roofline of the structure
or adjacent buildings.
E.Â
Filters, where used, shall be readily removable for cleaning or replacement.
F.Â
Ventilation systems shall comply with applicable state and local
fire prevention requirements.
G.Â
Exhaust systems shall be designed and constructed so as to prevent
the emission into the outdoor atmosphere of fugitive or malodorous
air contaminants from the establishment which are detectable outside
of the establishment beyond the property line of the establishment.
H.Â
In order to insure compliance with the requirement of odor control with respect to public eating and drinking places, food establishments, or itinerant public eating and drinking places as contained in Subsection G above, the applicant or licensee shall retain a professional engineer to design an effective odor removal system for submission to the Township as part of licensee's application for a license.
A.Â
In all new public eating and drinking places, food establishments
or itinerant public eating and drinking places where alterations to
existing establishments or places are made requiring a building permit,
separate toilet facilities shall be provided for each sex, which comply
with the subsections of this section.
B.Â
Toilet rooms shall not open directly into any room in which food
or drink is prepared or handled. An intervening vestibule of at least
three by three feet shall be provided. The doors of all toilet rooms
and vestibules shall be self-closing.
C.Â
Toilet rooms shall be kept clean, in good repair, well lighted and
properly ventilated by exterior windows or mechanical means. The walls
and ceilings shall be of a smooth washable surface and shall be finished
in a light color.
D.Â
Hand-washing facilities with running hot and cold water, sanitary
towels, and liquid or powder soap dispensers shall be in the toilet
room. The use of the common towel is prohibited. Hand-washing signs
shall be posted in each toilet room used by food handlers. No food
handler shall return to work after using the toilet without first
washing his hands.
E.Â
The floors and joints of the toilet rooms shall be constructed of
a material impervious to water and shall be provided with a sanitary
base. The plumbing fixtures shall be of the wall-hung type to facilitate
cleaning.
Separate hand-washing facilities are required. In any public
eating and drinking place or any food establishment or any itinerant
public eating and drinking place where frequent hand washing by any
employee is necessary to prevent contamination of food during processing,
manufacture or preparation, separate hand-washing facilities, including
an adequate supply of powdered or liquid soap and sanitary towels,
shall be provided in the workroom and located conveniently near each
such work space.
Running hot and cold water under pressure of not less than 15
pounds per square inch shall be easily accessible to all rooms in
which food is prepared or utensils washed and shall be from an approved
source.
A.Â
Washing facilities:
(1)Â
In all public eating and drinking places or food establishments or
itinerant public eating and drinking places where utensil washing
is done by other than mechanical means, no less than one three-compartment
sink shall be provided and equipped with running hot and cold water,
to be used as follows:
(a)Â
For washing, the water shall be 110° to 130° F.
(b)Â
For rinsing, warm water shall be used.
(c)Â
For sanitizing, the dishes or utensils shall be immersed for
two minutes in water of 180° F. or sanitized with a chemical as
follows:
[1]Â
Hypochlorite compounds of chlorine containing compounds of equal
efficiency at a minimum concentration of 100 parts per million for
at least 30 seconds;
[2]Â
Quaternary ammonium compounds at a minimum concentration of
200 parts per million for at least 30 seconds;
[3]Â
Iodophor compounds at a minimum concentration of 12.5 parts
per million for at least 30 seconds.
(d)Â
In all new public eating and drinking places, food establishments
or itinerant public eating and drinking places where alterations to
existing establishments or places are made requiring a building permit,
each compartment of the sink shall be of a size not less than 16 inches
square by 14 inches deep. Each compartment for sinks in soda fountains
and bars shall be no less than 12 inches square by 10 inches deep.
(2)Â
Mechanical dishwashers.
(a)Â
Mechanical dishwashing machines shall be equipped to provide
a minimum water temperature of at least 180° F. All mechanical
dishwashers shall be equipped with two thermometers, one for indicating
the wash and one for indicating the sterilizing temperature.
(b)Â
Whenever the temperature of the final rinse water cannot be
maintained at a minimum temperature of 180° F. at the dish rack
inside the dishwasher, then it shall be mandatory that a booster be
installed to maintain said minimum temperature.
(3)Â
Prerinse or presoak facilities shall be provided for mechanical dishwashing.
B.Â
Cleaning and bactericidal treatment of utensils. All utensils, display cases, windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks shall be kept clean and free from dust, dirt, insects and other sources of contamination. All eating and drinking utensils, except single-service utensils, shall be thoroughly cleaned and subjected to an approved bactericidal process in accordance with the provisions of Subsection A(1)(c) of this section after each use and, at the time of service to the public, shall be thoroughly clean and sterilized. All multi-use containers and utensils used in the preparation, cooking and serving of food and drink shall be thoroughly cleansed and subjected to an approved bactericidal process in accordance with the provisions of Subsection A(1)(c) of this section immediately following the day's operation. Towel drying is not permitted.
C.Â
Storage and handling of utensils. After cleansing and sterilizing,
all utensils must be stored above the level of the floor in a clean,
dry place and protected from flies, dust or other contamination, and
no utensils shall be handled, except in such a manner as to prevent
contamination. Single-service utensils shall be purchased only in
sanitary containers and shall be stored therein in a clean, dry place
until used and shall be handled in a sanitary manner and used at once.
All waste resulting from the cleansing and rinsing of utensils
and floors, from flush toilets and lavatories must be disposed of
in a public sewer or, in the absence of a public sewer, by methods
approved by provisions of the Upper Chichester Township Plumbing Code.
Prior to removal from the premises, all garbage and refuse must be
stored in nonleaking metal containers with tight-fitting lids or in
an approved storage room. Garbage and refuse must be removed from
the premises as often as necessary to prevent a nuisance and disposed
of in a manner to be approved by the Health Officer. All garbage and
refuse receptacles must be washed when emptied and treated with a
disinfectant, if necessary, to prevent a nuisance.
A.Â
Adequate and suitable metal containers with tight-fitting lids designed
and manufactured for the storage of refuse and garbage from food and
drink establishments shall be provided and used to receive garbage
and refuse from each public eating and drinking place, each food establishment,
and each itinerant public eating and drinking place. All refuse and
garbage shall be removed from the premises at frequent intervals so
as not to create a nuisance.
B.Â
All refuse and garbage must be kept within the metal containers and/or
dumpsters and the lids shall be tight-fitting and closed at all times.
C.Â
All containers and dumpsters must be adequately disinfected as needed
to prevent objectionable odors.
A.Â
Adequate refrigeration shall be provided at all times for all perishable
food or drink. Refrigerators shall be maintained in good repair and
in a clean and sanitary condition. The following temperatures shall
be maintained at all times:
|
Foods
|
Temperatures
| |
|---|---|---|
|
Frozen food
|
0° F. or below
| |
|
Meat and meat products, cooked food or animal origin, milk and
milk products, seafood, fresh poultry, and other perishable foods
|
40° F. or below
|
B.Â
Indicating thermometers accurate to + or - 2° F. shall be provided
in all refrigerators and freezers and shall be so located to indicate
and accurate temperature reading in the upper 1/4 part of the refrigerated
storage section.
C.Â
Frozen foods shall be thawed in refrigerators at 40° F. or below,
or under potable running water 70° F. or below, or by any other
method allowed by the Health Officer. Once thawed, frozen foods shall
not be refrozen.
No person shall operate or maintain any public eating and drinking
place, or any food establishment, or any itinerant public eating and
drinking place otherwise than in a clean and sanitary condition and
so as to conform at all times to the requirements of this chapter.
The person in charge of and every food handler employed in any public
eating and drinking place, or any food establishment, or any itinerant
public eating and drinking place shall observe and comply with the
provisions of this chapter relating to the operation and maintenance
of such public eating and drinking places and/or food establishments
and/or itinerant public eating and drinking place.
A.Â
All food in public eating and drinking places, food establishments,
and itinerant public eating and drinking places shall be clean, wholesome,
free from spoilage, free from adulteration and safe for human consumption.
B.Â
No food prepared in a private home or processed in a place other
than a commercial food processing establishment shall be sold or used
in the preparation of foods offered for sale, sold or given away in
a public eating and drinking place or in a food establishment, or
in an itinerant public eating and drinking place, unless such private
home or other place is regulated by a health authority or other appropriate
official regulatory agency.
C.Â
Only pasteurized fluid milk and fluid milk products shall be used
or served, except dry milk and milk products may be reconstituted
in the establishment if used for cooking purposes only.
D.Â
All milk and fluid milk products for drinking purposes shall be purchased
and served in the original, individual container in which the milk
and fluid milk product was packaged at a milk plant, or shall be served
from an approved bulk milk dispenser.
E.Â
Cream, whipped cream or half and half which is to be consumed on
the premises may be served from the original container of not more
than one-quart capacity or from a dispenser approved by the Health
Officer for such service. For mixed drinks requiring less than 1/2
pint of milk, milk may be poured from one-quart or one-half-gallon
containers packaged at a milk plant. All dairy products must meet
Pennsylvania Department of Agriculture Standards.
F.Â
A running water dipper well unit must be provided at or near the
area where scooping or dipping of ice cream takes place, and shall
be used to clean scoops and dippers after each use.
G.Â
All ice shall be from an approved water source that meets the standards
as set forth in the United States Public Health Service Drinking Water
Standards.
A.Â
No meat or poultry products shall be offered for sale, displayed,
sold or kept in any public eating and drinking place or in any food
establishment, or in any itinerant public eating and drinking place,
unless such products shall have first been inspected and approved
by either an authorized agent of the Bureau of Animal Industry, United
States Department of Agriculture or of the Bureau of Animal Industry,
Pennsylvania Department of Agriculture.
B.Â
All meat or poultry products offered for sale, displayed, sold or stored in any public eating and drinking place or any food establishment, or in any itinerant public eating and drinking place, shall be marked in a clear and legible manner with the official meat inspection legend as provided in Subsection A above.
A.Â
No shellfish shall be sold or offered for sale in the Township unless
such shellfish shall have been produced and shipped in conformity
with the regulations of the state in which they were produced or packed
and unless the shipment shall have been accompanied by a tag, label
or other mark approved by the Pennsylvania Department of Health showing
that the shipper has been duly certified by the state in which his
plant is operated, such certification having been approved by the
Federal Food and Drug Administration for shipments in interstate commerce.
B.Â
All shellfish shippers, reshippers, packers and wholesalers shall
keep for 60 days an accurate record of the source, date and quantity
of all lots of shellfish received and the name and address of the
consignee to whom each lot or part thereof is consigned, with the
date and quantity, in order that lots of shellfish dispensed may be
identified with corresponding lots of shellfish received. When an
original shipment of shellfish is broken down into smaller lots, each
lot shall have attached thereto a split lot tag of the type approved
by the Pennsylvania Department of Health. The records shall be subject
to inspection by the Health Officer. All retailers shall keep an accurate
record, subject to such inspection, of the source, date and quantity
of all lots of shellfish received. Shellfish must be from an approved
source.
C.Â
Shellfish shall be so handled and stored as to maintain them in a
clean wholesome condition. The shells of shellfish used for service
cannot be reused.
D.Â
Shell stock (shellfish not removed from the shell) shall be shipped in clean containers, each container having an approved tag attached thereto as provided in Subsection B hereof. Bulk shipment by truck or can is prohibited.
E.Â
All establishments in which shellfish are shucked, washed, packed,
repacked, stored or otherwise handled shall conform with all the provisions
of this chapter.
F.Â
All rooms in which shucked oysters are washed, packed, repacked,
stored or otherwise handled shall be separate and apart from the rooms
in which the oysters are shucked.
G.Â
All establishments in the Township shall be provided with an ample
and convenient supply of pure cold water for washing the shucked stock
and flushing purposes and hot water for cleansing receptacles and
utensils.
H.Â
All receptacles in which shucked stock is placed and other utensils
which come into contact with the shucked stock shall be of noncorroding
material with smooth surfaces and of such shape as will facilitate
thorough cleansing. They shall be cleansed before use.
I.Â
Shucked stock shall be thoroughly washed in pure cold water and,
subsequent to such washing, shall not be handled except with clean
utensils.
J.Â
Shucked stock shall be packed in clean containers sealed in such
a manner that any tampering with be easily discernible and marked
with the name, address and identification mark of the packing establishment,
together with the quantity of shellfish contained therein.
K.Â
Proper refrigeration shall be provided in all places where shucked
stock is kept and during shipment. The cooling of shellfish to a temperature
of 40° F. or less shall be effected within two hours after the
shellfish is shucked. No ice or other foreign substance shall be allowed
in contact with the shucked stock.
A.Â
Restriction of sale. No custard-filled or whipped cream pastry shall
be kept, offered for sale or sold except on the day of manufacture
thereof. The day of manufacture shall be the day on which manufacture
is completed but may include not more than two hours preceding 12:00
midnight of the previous day.
B.Â
Manufacture. The entire custard mix to be used in the manufacture
of custard-filled pastry shall be brought to and held at a temperature
of not less than 200° F. continuously for not less than 10 minutes
and within one hour thereafter placed in a refrigerating temperature
of not over 40° F. and kept at or below such temperature until
applied to the pastry.
C.Â
Holding temperatures. No custard-filled or whipped cream pastry shall
be kept, displayed, offered for sale or transported unless, immediately
after manufacture, it shall have been cooled to and maintained at
all times thereafter at a temperature of 40° F. or lower in clean
containers filled to a depth of not more than three inches. Other
perishable food shall be held either at a temperature of 40° F.
or lower, or at a temperature of 140° F. or higher.
D.Â
Packaging and labeling. No custard-filled pastry shall be sold, either
at wholesale or retail, or transported for retail delivery unless
it shall be wrapped or packaged so as to protect the contents from
contamination. Such wrapper or package shall bear prominently on the
outside thereof in legible letters the name of the manufacturing baker,
the day of manufacture and the following statement: "Refrigerate and
consume today."
E.Â
Condemnation. Custard-filled or whipped cream pastry or perishable food manufactured, kept, displayed or served in violation of the provisions of this section or § 323-19 is hereby declared to be dangerous to the public health and, as such, subject to condemnation by the Health Officer or his authorized representative.
A.Â
All food, while being stored, prepared, displayed, served or sold
at public eating and drinking places, or at food establishments, or
at itinerant public eating and drinking places, shall be protected
from contamination and stored in such a manner as to prevent rodent
harborage and permit ease of cleaning of the food-service facilities.
B.Â
No food which has been previously served to any person or persons,
or returned from any counter or table shall be used in the preparation
of foods, offered for sale or given away and shall be disposed of
as garbage. However, wrapped food which has not been unwrapped and
which is wholesome may be reserved.
C.Â
Tongs, forks, spoons, picks, spatulas, scoops and other suitable
utensils shall be provided and shall be used by employees to reduce
manual contact with food to a minimum. For self-service by customers,
similar implements shall be provided. Tethers must be attached to
the units and be of a length that prevents the tongs, spoons, scoops,
etc., from touching the floor.
D.Â
Unwrapped or otherwise unprotected, displayed foods which are subject
to contamination through public handling, coughing, or sneezing, shall
be protected by means of glass, partitions, or other approved means.
A.Â
No food or drink which is impure, decomposed or damaged to an extent
that it is likely to be dangerous to the public health, or which has
been so treated as to conceal inferiority, or which in its manufacture,
cooking, processing, preparation, handling or storage does not conform
to the requirements of this chapter shall be sold and/or offered for
sale for human consumption. Such food or drink shall not be given
away and shall be disposed of immediately as garbage.
B.Â
All unlabeled can goods and cans showing rust, leakage or evidence
of internal pressure shall not be offered for sale or given away.
All such cans shall be disposed of immediately as garbage.
A.Â
Samples of food, drink, ingredients, containers or any substance
used in connection with the preparation of food or drink may be taken
by the Health Officer or his duly authorized representative for examination
as often as may be deemed necessary for the detection of an impure
or unsanitary condition. Any food, drink or any substance used in
connection with the preparation of food or drink sold, offered for
sale or kept may be condemned, removed or destroyed by or under the
direction of the Health Officer if in his/her judgment such food is
an adulterated food product which is unfit for human consumption.
If the proprietor or person in charge disagrees, any such food, drink
or other substance may be stopped from sale or use and placed under
an embargo by any such representative of the Health Officer for such
reasonable period of time as may be required to make investigations
or examination if such may be necessary to determine that such food,
drink or other substance is decomposed, impure, unfit for human consumption
or dangerous to the public health. No such food, drink or other substance
shall be used, removed, destroyed or otherwise disposed of while under
such embargo except by or under the direction of the Health Officer
or his representative.
B.Â
The Health Officer or his representative shall tender the person
in charge the established value for the product being taken for sampling.
If the food is found to be impure the proprietor will reimburse the
Township for the cost of said food purchased for sampling.
C.Â
The cost of the sampling procedures will be determined in accordance
with the results. The Township will assume the costs for the sampling
if the results indicate that the product is free from spoilage, is
wholesome, and fit for human consumption. The proprietor shall assume
the costs for the sampling if the results indicate that the product
is an adulterated food or otherwise unfit for human consumption.
A.Â
All employees shall wear clean outer garments, maintain a high degree
of personal cleanliness and conform to hygienic practices while on
duty. They shall wash their hands thoroughly in an approved hand-washing
facility before starting work, and as often as may be necessary to
remove soil and contamination. No employee shall resume work after
visiting the toilet room without washing his hands with soap and warm
water.
B.Â
Persons engaged in the preparation, handling or service of food shall
not use tobacco in any form while engaged in equipment and utensil
washing, food preparation, or food serving. Provided, designated smoking-permitted
locations in such areas may be approved by the licenser for smoking,
where no contamination hazards will result and employees must wash
hands prior to returning to work assignments.
A.Â
No proprietor or licensee shall hereafter keep in his employ any
employee known to be afflicted with a disease in communicable form.
No proprietor, licensee or manager of any establishment covered in
this chapter shall employ or continue to employ any person as a food
handler if such proprietor or manager has a valid reason to suspect
that an employee is afflicted with a disease in a communicable form.
B.Â
The Health Officer shall have full power and authority at any time
to require such examinations and tests as may be necessary to determine
whether any employee has a disease in a communicable form or is a
carrier of a communicable disease. It shall be the duty of all employees
to submit to such examinations at the request of the Health Officer
and any employee who shall refuse to submit to such examination shall
not be employed or continued as an employee in any public eating and
drinking place or in any food establishment or in any itinerant public
eating and drinking place in the Township.
C.Â
Disease control. No person who is affected with any disease in a
communicable form or is a carrier of such disease shall work in a
public eating and drinking place or in a food establishment, or in
an itinerant public eating and drinking place and the proprietor or
licensee of such place shall not employ any such person or persons
suspected of being affected with any disease in a communicable form
or being a carrier of such disease. If the proprietor or licensee
suspects any employee has contracted any such disease in a communicable
form or has become a carrier of such disease, he shall notify the
Health Officer immediately.
D.Â
Procedures when infection is suspected. Where there has been reasonable
grounds for the Health Officer to suspect there is transmission of
infectious disease from any employee of a public eating and drinking
place, food establishment, or an itinerant public eating and drinking
place to the public, the Health Officer is authorized to require the
proprietor or licensee of said eating and drinking place or food establishment
or itinerant public eating and drinking place to forthwith carry out
any or all of the following measures:
(1)Â
The immediate exclusion of the employee from said public eating and
drinking place, food establishment or itinerant public eating and
drinking place;
(2)Â
The immediate closing of the public eating and drinking place or
food establishment or itinerant public eating and drinking place until
the danger of disease outbreak ceases to exist;
(3)Â
Securing adequate medical examinations of the employee and of his
associates, including appropriate laboratory examinations, with the
cost of such being assumed by the proprietor and/or employee, or both.
A.Â
All persons engaged in the operation of any public eating and drinking
place or any food establishment or any itinerant public eating and
drinking place shall be required to take all necessary precautions
to keep the premises free of rats and vermin. In the case of rat or
vermin infestation, proprietors and licensees shall report such infestation
to the Health Officer for the purpose of procuring proper advice and
instructions for elimination of the nuisance. In the case of all new
establishments, all rooms in which food and drink are prepared, stored
or served shall be of a rat proof construction. The proprietor and
licensee shall be required to hire and use the services of a licensed
professional exterminator in the event the infestation is not being
eliminated by means used by the proprietor or licensee.
B.Â
The hanging or use of glue fly traps shall not be permitted in areas
where open foods are being prepared and handled.
A.Â
Only such poisonous and toxic materials which are required to maintain
sanitary conditions and for sanitization purposes, may be used or
stored in public eating and drinking places, food establishments and
in itinerant public eating and drinking places. Such materials shall
be identified and shall be used only in such a manner as will not
contaminate food or constitute a hazard to employees or customers.
B.Â
When not in use, poisonous and toxic materials shall be stored in
cabinets which are used for no other purpose, or in a place which
is outside the food storage, food preparation and cleaned equipment
and utensil storage rooms.
C.Â
Bactericides and cleaning compounds shall not be stored in the same
cabinet or area of the room with insecticides, rodenticides or other
poisonous materials.
A.Â
The premises of all public eating and drinking places, food establishments,
and all itinerant public eating and drinking places shall be kept
clean and free of litter or rubbish.
B.Â
No sleeping facilities or living quarters shall be permitted in any
room which is part of or which opens into any room where food is prepared,
stored or served or in which utensils are washed or stored.
C.Â
Adequate lockers or dressing rooms shall be provided for employees'
clothing and shall be kept clean, and all clothes used by waiters,
chefs and other employees shall be kept clean at all times.
D.Â
All exterior areas shall be kept free of litter and cleaned properly.
All exterior walking and driving surfaces must be surfaced with concrete,
asphalt or other approved materials that facilitate maintenance and
minimize dust.
E.Â
Soiled linens, coats and aprons shall be kept in verminproof containers
with tight-fitting lids provided for this purpose.
F.Â
No public eating and drinking place or food establishment or itinerant
public eating and drinking place shall be located in any cellar, basement
or other place below the natural surface of the ground except with
the prior written permission of the Health Officer.
G.Â
No person shall bring or permit to be brought into the dining room,
kitchen or storeroom of any public eating and drinking place or any
food establishment or any itinerant public eating and drinking place
any dog, cat or other animal. This subsection shall not apply to a
blind person led by a trained seeing eye dog.
H.Â
All deliveries of perishable and nonperishable foods to public eating
and drinking places or food establishments or itinerant public eating
and drinking place shall be made inside the establishment unless food
is stored in an approved sanitary container approved for exterior
usage by the Health Officer.
I.Â
Plates, cups, saucers, dishes, crockery or chinaware which are cracked,
chipped or broken shall not be used to contain food or drink.
J.Â
A mop/slop sink is required for the disposal of wastewater from the
cleaning of floors, walls, ceilings and other surfaces.
The Health Officer and his official designee in the performance
of any duty imposed by this chapter shall have full access to any
place, container, or conveyance used in the production, preparation,
manufacture, packaging, storage, transportation, handling, distribution
or sale of any food. He shall be entitled to make an examination,
open any package or container and take therefrom a sample for analysis
of any food manufactured, sold, exposed for sale or found to be in
possession of the proprietor or licensee in violation of any provisions
of this chapter.
Any person, firm or corporation violating any provision of this
chapter or the rules and regulations approved and hereinafter adopted
shall, upon summary conviction before any Magisterial District Judge,
pay a fine not exceeding $1,000 and costs of prosecution; and in default
of one payment of the fine and costs, the violator may be sentenced
to the county jail for a term of not more than 30 days. Whenever such
person shall have been officially notified by the Health Officer or
by the service of a summons in a prosecution or in any other official
manner that he is committing a violation of this chapter or the rules
and regulations approved and hereinafter adopted, each day that he
shall continue such violation after such notification shall constitute
a separate offense punishable by a like fine or penalty. Such fines
or penalties shall be collected as like fines or penalties are now
by law collected.
Whenever the proprietor or licensee of a public eating and drinking
place or food establishment or itinerant public eating and drinking
place shall fail to keep his public eating and drinking place or food
establishment or itinerant public eating and drinking place in a sanitary
condition or whenever food or drink or the sale of the same is likely
to cause or transmit disease, the Health Officer, upon proper notification,
shall order such public eating and drinking place or food establishment
or itinerant public eating and drinking place closed until it shall
have been put in a sanitary condition or until the food or drink and
the sale of the same shall no longer be likely to cause any illness
or transmit disease. The proprietor or licensee of the public eating
and drinking place or food establishment or itinerant public eating
and drinking place, when so ordered, shall not conduct further operations
until permission has been granted by the Health Officer.
Any variations and/or exceptions to any part of this chapter
due to the nature of and/or circumstances regarding any itinerant
public eating and drinking place must be approved in writing by the
Health Officer.
[Added 4-11-2019 by Ord. No. 732]
The following regulations shall apply to mobile food and nonpermanent
restaurant operations:
A.Â
Application; permit required. It shall be unlawful for any person
to maintain or operate a mobile food truck or nonpermanent restaurant
operation within the Township without first applying for and obtaining
a permit from the Zoning Officer and subject to compliance with the
regulations in this section ("mobile food and nonpermanent restaurant
operations permit"). The permit shall be valid from the date of issuance
for a period of one year (except to the extent that the same is revoked
pursuant to this chapter). The cost of the permit shall be established
by resolution of the Township Board of Commissioners in conformity
with all applicable codes and statutes.
B.Â
Food truck and nonpermanent restaurant operation regulations. The
following regulations shall apply to mobile food and nonpermanent
restaurant operations:
(1)Â
An applicant, upon submitting an application for a mobile food and/or
nonpermanent restaurant permit to the Township Zoning Officer for
its review and approval, shall provide the following:
(a)Â
Valid driver's license of the operator and/or owner;
(b)Â
Name and emergency contact information for the applicant, including
phone number and email address;
(c)Â
Consent of the legal owner of the property upon which the operation
shall be situated. The property owner shall be listed as a co-applicant;
(d)Â
Valid copy of the operation's Pennsylvania business license
and/or tax identification number, including the business name and
any fictitious name associated with the business and, if applicable,
Upper Chichester Township business registration;
(e)Â
License plate number, make, model and year of the food truck
and/or trailer;
(f)Â
Licensing and/or permitting as required by the Upper Chichester
Health Department and Fire Marshal as well as any applicable state
licensing requirements;
(g)Â
A plot plan depicting the type and location of all structures
associated with mobile food or nonpermanent restaurant operations
being requested; and
(h)Â
A valid certificate of general liability coverage naming Upper
Chichester Township as an additional insured.
(2)Â
Mobile food operations shall only be located and operated in designated
areas at designated/permitted times. In no event shall food trucks
be permitted to encroach into the travel lanes of any adjacent roadway(s)
or otherwise impede the safe flow of vehicular, pedestrian and/or
emergency vehicle traffic.
(3)Â
Except as otherwise permitted by the Township for special occasions,
vending may occur only between the hours of 8:00 a.m. and 10:00 p.m.
Food trucks may not arrive before 7:00 a.m. and must be removed by
11:00 p.m. each day. Trailers or sheds associated with nonpermanent
restaurant operations are permitted to remain on a property, subject
to those facilities being completely closed and secured with all food
and/or materials stored inside the trailer or shed or other appropriate
indoor facility.
(4)Â
No more than one nonpermanent restaurant operation shall be permitted
per property. Such operations are permitted only as accessory use
within nonresidential zoning districts as follows: Commercial C-1
and C-2, Industrial Commercial (I-C) and Industrial (I) Zoning Districts.
(5)Â
Mobile food operations shall not diminish the number of required
parking spaces associated with the principle use of the property,
inclusive of handicap parking spots.
(6)Â
Trailers and other structures for nonpermanent restaurant operations
shall be set back a minimum of 10 feet from the front, side and rear
boundaries of a property.
(7)Â
In submitting an application for a mobile food operation and/or nonpermanent
restaurant operations, the applicant shall submit a written plan for
the containment and collection of trash, litter and refuse. This plan
is subject to review and approval by the Township. The applicant shall
also supply information acceptable to the Township to establish that
regular trash pickup is being provided for the use (independent of
the trash pickup for the underlying land use), and trash receptacles
containing food shall not be permitted to remain on the site overnight.
Any and all trash shall be removed on a daily basis from the site.
(8)Â
With respect to nonpermanent restaurant operations, an applicant
must demonstrate that there are adequate provisions for accessible,
public restrooms in and about the subject property.
(9)Â
All storage and trash containers must be screened from view from
any street or contiguous residential area.
(10)Â
No vendor shall chain or otherwise attach any signs, goods,
merchandise, chairs or other equipment used in vending to any tree,
parking meter, hydrant, sign or post, telephone pole or other street
appurtenance.
(11)Â
No outdoor storage or display of food shall be permitted.
(12)Â
All required Upper Chichester Health Officer-issued licenses
and permits must be valid and posted in a visible location on or within
the mobile vending operation or within nonpermanent restaurant operations
at all times.
(13)Â
Vending is not permitted within 15 feet of an entrance to the
structure, sidewalk and curbs or fire hydrant.
(14)Â
No mobile food or nonpermanent restaurant operation is permitted
within 200 feet of a building containing a restaurant or with a food
vendor or hauler's license or permit issued from the Health Officer
unless written approval by the Township is obtained prior to commencement
of operations.
(15)Â
No mobile food operations are permitted on private property
within any residential zoning districts of the Township.
(16)Â
A designated person-in-charge must be present at the mobile
food operation and nonpermanent restaurant operations site at all
times. The person-in-charge is responsible for all aspects of the
operation's compliance with this section and other applicable
Township ordinances, rules and/or regulations.
(17)Â
Mobile food operations situate on a public street may only be
open to and may only serve customers from the side of the truck facing
the sidewalk and are prohibited from operating with their trucks/service
windows open to the roadway.
(18)Â
No equipment, including, but not limited to, fuel tanks, storage,
generators or other such similar equipment, shall be placed within
the public right-of-way.
(19)Â
Temporary signs used as part of the food truck or nonpermanent
restaurant operation shall not exceed eight square feet and shall
not block any sidewalks or impede any vehicular, biking or pedestrian
traffic or paths. A limit of one sign per road frontage is permitted.
All signage for food trucks and nonpermanent restaurant operations
shall comply with the applicable Upper Chichester Township Zoning
Ordinance.[1]
(20)Â
Any awnings and canopies associated with any mobile food operation
shall be at least seven feet above any public walkway or roadway.
(21)Â
Mobile food and nonpermanent restaurant vending operations are
subject to any and all applicable Township Code, ordinances, rules
and/or regulations.
(22)Â
No component of a mobile vending operation or nonpermanent restaurant
operation shall impede the proper operation of stormwater management
facilities.
(23)Â
All mobile vending operations shall provide overhead protection,
shall have at least one inspected and operational fire extinguisher,
and shall be equipped with a safety pilot valve for any cooking equipment
utilized.
(24)Â
The Township shall maintain the right to relocate a mobile food
operation within 50 feet from the licensee's location in the
event it becomes necessary on special occasions, as determined by
the Township at its sole and exclusive discretion.
(25)Â
The licensee shall permit regular inspections by the Health
Inspector at such times and places as may be designated by the Health
Officer in accordance with Township ordinances, rules, regulations
and/or statutes.
(26)Â
No vendor shall utilize sound amplification on any private property,
sidewalk or place of operation for the purpose of selling food or
merchandise. All vendors must abide by the parking, sign and zoning
ordinances, rules and regulations at all times.
(27)Â
Failure to comply with any directions or provisions of the permit
application process and the instant standards may result in penalties
as set forth herein, including, but not limited to, the denial of
a vending application and/or revocation of a mobile food/nonpermanent
restaurant operation permit.
C.Â
Fees. A minimum permit application fee and license fee, as set from
time to time by resolution of the Board of Commissioners, shall be
charged for approved mobile food operations.
D.Â
Violations and penalties. Any person who violates or permits the violation of any provision of this § 323-31 shall, upon conviction thereof in a summary proceeding brought before any District Court having jurisdiction over the same, be guilty of a summary offense and shall be subject to the payment of a fine not less than $50 for the first offense, not less than $100 for the second and subsequent offense, and not more than $1,000, plus the cost of prosecution. Upon default of payment thereof, the defendant may be sentenced to imprisonment in the county prison for a period of not more than 30 days. Each section or provision of this section that is violated shall constitute a separate offense, and each day or portion thereof in which a violation of this section is found to exist shall constitute a separate offense, each of which violations shall be punishable by a separate fine imposed by any court having jurisdiction over the same in the amounts stated hereinabove.
