[HISTORY: Adopted by the Borough Council of the Borough of
Tamaqua 2-3-2009 by Ord. No. 633. Amendments noted where applicable.]
Any person wishing to operate a food establishment in the Borough
of Tamaqua on or after the effective date of this chapter shall possess
an unrevoked license from the Board of Health of the Borough of Tamaqua.
Said license shall be posted in a conspicuous place in such person's
place of business. Only persons who comply with requirements of the
Board of Health of the Borough of Tamaqua, and this chapter, shall
be entitled to receive and maintain such a license. All licenses are
nontransferable. Any change in ownership of a food establishment will
require the issuance of a new license, subject to approval by the
Borough Health Officer. Notice of any such change of ownership shall
be given within 10 days of the date of change; and failure to notify
the Borough as aforesaid during the continuance of the business of
the food establishment shall be considered a violation of this chapter.
As used in this chapter, the following terms shall have the
meanings indicated:
A public eating facility, including, but not limited to,
restaurants, food stands, concession stands, as well as food vendors
and caterers, operated for profit or for nonprofit, within the Borough
of Tamaqua.
A license may be suspended by the Board of Health, or revoked
after an opportunity for hearing by the Board of Health, upon violation
by any owner of such license, of any of the provisions of this chapter,
or of the rules and regulations of the Board of Health of the Borough
of Tamaqua, as well as applicable rules and regulations of the United
States or the Commonwealth of Pennsylvania.
Any food establishment whose license has been suspended may,
at any time, make application for reinstatement of license. Within
one week after receipt of a satisfactory application, accompanied
by a statement signed by the applicant to the effect that the violated
item or items have been conformed with, the Health Officer shall make
a reinspection and thereafter as many additional reinspections as
he may deem necessary to make sure the applicant is complying with
the requirements, and in the case of compliance, the Board of Health
shall reinstate the license.
Annual commercial license fees shall be charged by the Borough
of Tamaqua and paid by any commercial food establishment for a license
as set by Tamaqua Borough Council from time to time by resolution.
Upon payment of the above-referenced license fees in § 171-5, all establishments are entitled to two formal inspections annually, one initial inspection and one follow-up inspection to determine if any listed deficiencies have been corrected. Any subsequent or follow-up inspections, whether the establishment passes or fails the inspection, required as a result of the establishment's failure to comply with this chapter, the Borough Code or other state law, will require payment of a fee as set by the Tamaqua Borough Council on such inspection. This section does not include the investigation of alleged violations. However, if allegations are founded, requiring a follow-up inspection, any required subsequent inspections following the initial investigation and follow-up inspection, pass or fail, will require payment of a fee as set by Tamaqua Borough Council for each such inspection.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any person who violates or permits a violation of this chapter
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this chapter that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this chapter in equity in the Court of Common
Pleas of Schuylkill County.
