[Ord. 489, 12/2/2013, § 10-501; as amended by Ord.
499, 9/8/2015]
The Model Food Code as set forth in 7 Pa. Code Chapter 46, § 46.4, and as is superseded and/or supplemented by the United States Department of Health and Human Services duly adopted Food Code, is hereby adopted as the Food Code of the Township of West Lebanon for regulating and setting standards for management and personnel, food operations and equipment and facilities; and providing for food facility plan review, licensing, registration, inspection and employee restriction; providing for the issuance of permits and licenses and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Food Code on file in the Township Office are hereby referred to, adopted and made a part hereof, as if fully set out in this Part, with the additions, insertions, deletions and changes, if any, prescribed in § 10-502 of this Part.
[Ord. 489, 12/2/2013, § 10-502]
1.
The Food Code, published by the Commonwealth of Pennsylvania, Department
of Agriculture, Bureau of Food Safety and Laboratory Services, on
December 13, 2003, Edition, is hereby amended and revised in the following
respects:
A.
Section 46.1101.1. Examination of Food (addition).
(1)
Food may be examined or sampled by the licenser as often as
may be necessary to determine freedom from adulteration. The licenser
may, upon written notice to the owner or person in charge, place a
hold order on any food which he determines or has probable cause to
believe to be unwholesome or otherwise adulterated. Under a hold order,
food shall be permitted to be suitably stored. It shall be unlawful
for any person to remove or alter a hold order, notice or tag placed
on food by the licenser, and neither such food nor the containers
thereof shall be relabeled, repacked, reprocessed, altered, disposed
of or destroyed without permission of the licenser, except on order
by a court of competent jurisdiction.
B.
Sections 46.1141 through 46.1144, Requirements for Operation (replace).
(1)
No permit and/or license to operate any eating or drinking establishment
shall be granted unless the person owning or operating or desiring
to operate an eating or drinking establishment shall make application
to the Township and shall furnish in such application such information
as the issuing authority requires. The fee for processing applications
shall be $25 payable upon submitting the application. Before granting
a permit and/or license the issuing authority shall cause to be made
an examination of submitted plans and an inspection of the premises
on which the applicant conducts or proposes to operate the business.
The plan review and preliminary inspection fee shall be $75 and due
upon the submittal of plans. Upon approval of the aforementioned plans
and preliminary inspection a fee representing the annual eating and
drinking establishment permit and/or license is required in the amount
specified in subparagraph (4).
(2)
Proprietors shall not operate or conduct a food or drinking
establishment within this Township except in compliance with the appropriate
provisions of this Part. Any proprietor in possession of a valid permit
and/or license to operate a food or drinking establishment who fails
to comply with the provisions of this Part may have such license either
revoked or suspended by the issuing authority at any time during the
permit and/or license period. Prior to commencing with new construction
or alterations to an existing establishment the application, plan
review and inspection process shall be completed and approved by the
issuing authority or all fees shall be doubled.
(3)
Nonprofit organizations, including churches, fire companies,
sports organizations, private and public schools, and other organizations
raising funds for benevolent and/or charitable purposes, may petition
the Board of Commissioners for a waiver of the designated permit fees.
Upon acceptance, the organization will then be issued a valid permit
detailing the date and location of the function. All applicants requesting
fees to be waived are required to submit an application not less than
30 days prior to the date of the function.
(4)
Permits and/or licenses shall be granted for a period of one
year from the date of issue for all establishments. In the case of
temporary facilities the permit shall be granted for a specified period
of time for a specific location; the fee shall be $125. Applications
for renewal of permits and/or licenses issued for a period of one
year shall be due and payable on or before the expiration date of
each year. The annual license fee shall be $100 for establishments
that do not serve alcohol and $150 for establishments that do serve
alcohol. Mobile food service equipment shall be $100 for county residents
and $200 for non-county residents. As prescribed in subparagraph (1),
the initial annual fee shall be due upon approval of plans and preliminary
inspection.
(5)
There shall be no prorating of the initial fee. Under no circumstances
will fees be refunded. If an annual permit application or annual license
application is made after the prescribed date, the fee set forth herein
for such permit and/or license shall be doubled.
(6)
A permit and/or license granted under the provisions of this
Part shall be renewed if upon inspection by the Township, the conditions
specified in subparagraphs (1), (2) and (3), with respect to the premises
and equipment, are complied with.
(7)
In addition to the inspection upon renewal, the Township may
conduct additional inspections during the license year. If the establishment
fails discretion, close the establishment until said violations have
been abated.
(8)
Within 90 days of opening a new eating and drinking establishment,
at least one supervisory level employee shall be trained and certified
in the Pennsylvania Department of Agriculture Serve Safe level.
(9)
Any eating and drinking establishment licensed prior to January
1, 2005, shall have at least one supervisory level employee trained
and certified in the Pennsylvania Department of Agriculture Serve
Safe level.
(10)
Any non-profit organization that receives an eating and drinking
license shall have at least one management level employee or volunteer
trained to either Pennsylvania Department of Agriculture Serve Safe
level or Cooking for Crowds level.
(11)
Any food vendor that has been granted a temporary eating and
drinking license shall have at least one management level employee
certified to either Pennsylvania Department of Agriculture Serve Safe
level or Cooking for Crowds level. The food vendor shall show proof
of the certification at the time of inspection.
[Ord. 489, 12/2/2013, § 10-503]
Licenses herein provided for shall specify the date of issuance,
the period which is covered, the name of the issuing authority and
the place permitted or licensed premises. Such permits and/or licenses
shall be conspicuously displayed at all times. Permits and/or licenses
shall not be transferable nor shall permits issued for one location
by authority to operate an eating or drinking establishment at another
location.
[Ord. 489, 12/2/2013, § 10-504]
1.
Any person affected by decision of the Health Official or of notice
or order issued under this Part shall have the right to appeal to
the Board of Appeals, provided that a written application for appeal
is filed within 10 days after the day of the decision, notice or order
was served. Any application for appeal shall be based on a claim that
the true intent of this code or the rules legally adopted there under
have been incorrectly interpreted, the provisions of this code do
not fully apply, or the requirements of this code are adequately satisfied
by other means. An application fee of $225 shall be paid upon filing
an appeal. In cases where there are more than 40 pages of transcript,
the appellant will be billed for the costs thereof.
[Ord. 489, 12/2/2013, § 10-505]
1.
Any person who violates a provision of this code shall, upon conviction
thereof, be subject to a fine of not less than $50 nor more than $1,000
and/or imprisoned not more than 90 days. Each day that a violation
continues after due notice has been served shall be deemed a separate
offense.
2.
However, any person who has been issued a Health/Housing Code violation
ticket may discharge such obligation upon either appearing at the
Township office and voluntarily enter a plea of guilty by paying either
the $50 fine or by mailing the $50 to the Township within 15 calendar
days front the time of issuance of the violation ticket.
3.
Any establishment found to be in violation of this Part more than
three times in a twelve-month period shall, at the discretion of the
inspector, have its license permanently revoked.
[Ord. 489, 12/2/2013, § 10-506]
1.
Such notice shall be deemed to be properly served if a copy thereof
is:
A.
Delivered to the owner or person in charge personally.
B.
Sent by first-class mail addressed to the owner or person in charge
at the last known address. If the first-class mail is returned showing
that the letter was not delivered, a copy of the notice shall be posted
in a conspicuous place in or about the structure affected by such
notice. Service of such notice in the foregoing manner upon the owner's
agent or upon the person responsible for the establishment shall constitute
service of notice upon the owner.
C.
Issued a Health Code violation ticket.
