The following words and terms, when used in this chapter, unless
the context clearly indicates otherwise, shall have the meanings ascribed
to them in this section:
CUSTARD MIX AND CUSTARD-FILLED
Refers to 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 eclairs, which may be heated subsequent to filling.
EMPLOYEE
Any person who handles food or drink during the preparation
or serving or who comes in contact with any eating or drinking utensils
or who is employed in a room in which food or drink is prepared or
served. This shall include the proprietor or any member of the proprietor's
family who handles food and drink.
FOOD ESTABLISHMENT
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.
LICENSE
The permission granted to a licensee to conduct a public
eating and drinking place or a food establishment.
OFFERED FOR SALE
Applies to any food or drink kept or displayed in any store,
place, dispenser or vehicle in the manner in which food or drink is
ordinarily kept or displayed.
PERISHABLE FOODS
Any food or beverage or ingredient, exclusive of milk and
milk products, capable of supporting rapid and progressive growth
of microorganisms which can cause food infection or food intoxication.
However, products that are processed are excluded from the terms of
this definition.
PROPRIETOR
Any person, partnership, association or corporation conducting
or operating within the limits of the Borough a public eating or drinking
place or a food establishment.
PUBLIC EATING AND DRINKING PLACE
Restaurant; coffee shop; cafeteria; short-order cafe; diner;
luncheonette; tavern; sandwich stand; soda fountain; private club;
dining room or snack bar; industrial kitchen or any other place where
food, drinks or refreshments are sold, prepared and served or given
away to be consumed on the premises; provided, however, that this
definition shall not be interpreted to include boardinghouses or private
homes.
SHELLFISH
Includes oysters, clams, scallops or mussels, fresh or frozen,
and 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.
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 adequate and
of a safe, sanitary quality.
All liquid waste resulting from the cleansing and rinsing of
utensils and floors and from flush toilets and lavatories must be
disposed of in a public sewer. All garbage must be stored in nonleaking
metal containers with tight-fitting lids or in an approved waste-material
storage room and be covered at all times. Garbage and other waste
material must be removed from the premises as often as necessary to
prevent a nuisance and must be disposed of in a manner to be approved
by the Board. All garbage and waste-material receptacles must be washed
and emptied and treated with disinfectant if necessary to prevent
a nuisance. Adequate can-washing facilities shall be provided.
All readily perishable food and drink shall be kept at temperatures
lower than 40° F., except when being prepared or served. All refrigerators
must be equipped with an indicating thermometer and maintained in
a clean and sanitary condition.
All food and drink shall be stored, handled, cooked, processed,
prepared, displayed or dispensed as provided in this chapter. Sugar
served in all public eating and drinking places shall be dispensed
from containers which provide protection against dirt, dust and any
other contamination due to human handling, except in the case of lump
or packaged sugar which is individually wrapped. Unwrapped or otherwise
unprotected displayed food which is subject to contamination through
public handling, coughing or sneezing shall be protected by means
of glass or similar partitions or through other approved means.
All food handlers shall wear clean garments and shall keep their
hands and fingernails clean at all times when engaged in handling
of food, drink, utensils or equipment. All female employees shall
wear hair nets. All male employees shall wear caps while engaged in
the preparation of food. All food handlers who in any manner come
in contact with or handle food shall, before beginning work, thoroughly
wash their hands with soap and water. No employee shall use tobacco
in any form while engaged in the handling of food and drink.
All persons engaged in the operation of any public eating and
drinking place or food establishment 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, operators shall report such
infestation to this Board for the purpose of procuring proper advice
and instructions in order to eliminate 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 ratproof construction.
Any official representative of this Board, 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, packing, storage, transportation, handling, distribution
or sale of any food. He shall be entitled to make an examination,
or 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 in violation of any provisions of this
chapter.
In all food establishments, adequate cleansing of utensils is
required. An adequate supply of running hot and cold water under pressure
of not less than 15 pounds per square inch, an adequate supply of
suitable cleanser and suitable and adequate facilities for the cleansing,
disinfecting and storage of utensils shall be provided.
A. Water supply. 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 adequate
and of a safe, sanitary quality as provided.
B. Waste containers. In every food establishment, adequate and suitable
metal containers with tight-fitting lids shall be provided and used
to receive waste and refuse. All refuse shall be removed from the
premises at frequent intervals so as not to create a nuisance.
Such samples of food, drink, ingredients, containers or any
substance used in connection with the preparation of food or drink
may be taken by a duly authorized representative of this Board 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 a duly authorized representative of this Board if,
in the judgment of such representative, such food, drink or substance
is decomposed, impure, unfit for human consumption or dangerous to
the public health. Any such food, drink or other substance may be
stopped from sale or use and placed under an embargo by such representative
of this Board 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 a representative of this Board.
Whenever the proprietor of a public eating or drinking place
or food establishment shall fail to keep his public eating or drinking
place or food establishment in a sanitary condition, or whenever food
or drink or the sale of the same is likely to cause or transmit disease,
this Board, upon proper notification, shall order closed such public
eating or drinking place or food establishment until it shall have
been put in a sanitary condition or until the food or drink or the
sale of the same shall be no longer likely to cause any illness or
transmit disease. The proprietor of the public eating or drinking
place or food establishment, when so ordered, shall immediately comply
with and obey such order and shall not conduct further operation until
permission has been granted by this Board.
[Amended 7-14-1988 by Ord. No. 1180]
Any person who shall be convicted of a violation of any of the
provisions of this chapter or any rule or regulation promulgated thereunder
before any Magisterial District Judge shall be sentenced to pay a
maximum fine as provided from time to time by state statute, together
with costs of prosecution, or to imprisonment in the county jail for
a term not to exceed 30 days, or both. Every day such violation shall
continue after notice to cease has been given by an authorized officer
of the Borough of Sharon Hill shall constitute a separate offense.
The following additional rules and regulations shall also be
in effect:
A. Rule 1. The premises of all public eating places, drinking places
and food establishments shall be kept clean and free of litter or
rubbish.
B. Rule 2. No sleeping facilities or domestic activities 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 and
stored.
C. Rule 3. Adequate lockers or dressing rooms shall be provided for
employees' clothing and shall be kept clean.
D. Rule 4. Soiled linens, coats and aprons shall be kept in verminproof
containers provided for this purpose.
E. Rule 5. No public eating or drinking place or food establishment
shall be located in any cellar, basement or other place below the
natural surface of the ground, except with the written permission
of this Board.
F. Rule 6. Bulk ice cream cannot be dispensed unless running water is
provided next to the cabinet containing the ice cream. The utensils
used in dispensing bulk ice cream must be sterilized frequently, washed
by running water after each usage and kept dry when not in use.
G. Rule 7. No article, polish or any substance containing any cyanide
preparation or other poisonous materials shall be used for the cleaning,
disinfecting or polishing of utensils or containers used in preparation
or handling of any food or drink.
H. Rule 8. No substance containing any cyanide, fluoride, lindane or
other poison shall be kept or used as an insecticide or exterminator
in any place where food and drink are exposed during sale, preparation,
holding or handling, or in such manner as to contaminate such food
or drink.
I. Rule 9. No person shall bring or permit to be brought into the dining
room, kitchen or storeroom of any public eating or drinking place
or food establishment any dog, cat or other animal. This section shall
not apply to a blind person led by a trained dog.
J. Rule 10. No live animals or fowl shall be permitted or kept in any
room where food or drink is stored, prepared, handled or served.
K. Rule 11. No food or drink which is impure, decomposed or dangerous
to the public health, or which has been so treated as to conceal inferiority,
or which has been manufactured, cooked, processed, prepared, handled
or stored and does not comply with and conform to the requirements
of this chapter and rules and regulations shall be kept, sold or offered
for sale for human consumption.
L. Rule 12. All unlabeled canned goods and cans showing rust, leakage
or evidence of internal pressure shall not be offered for sale or
given away.