[Ord. No. 16-2014, 15, passed 2-23-2015]
A certain document, three copies of which are on file in the
office of the City Clerk of the City of Lebanon, being marked and
designated as Pennsylvania Code, Title 7, Agriculture, Chapter 46,
Food Code, as adopted on April 11, 2014, and published by the Bureau
of Food Safety and Laboratory Services, Division of Food Safety, 2301
North Cameron Street, Harrisburg, Pennsylvania, be and it is hereby
adopted as the Food Code of the City of Lebanon for the purpose of
establishing definitions; regulating and setting standards for management
and personnel, food operations and equipment and facilities; providing
for retail food facility plan review, licensing, inspection and employee
restriction; and providing for the issuance of permits and licenses
and collection of fees therefor. Each and all of the regulations,
provisions, penalties, conditions and terms of said Food Code on file
in the office of the City Clerk are hereby referred to, adopted and
made a part hereof, as if fully set out in this article, with the
additions, insertions, deletions and changes, if any, prescribed in
§ 1103.02.
[Ord. No. 16-2014, 15, passed 2-23-2015]
Chapter 46, Food Code; Food Employee Certification, of Title
7, Agriculture, of the Pennsylvania Code, as adopted on April 11,
2014, and effective May 12, 2014, is hereby amended and revised in
the following respects:
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Section 46.3 Definitions (amended).
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(a)
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Licensor shall mean the City of Lebanon.
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Section 46.1141 License or registration requirement (amended).
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(a)
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General Requirements: A person may not operate a food facility
without a valid registration or license issued by the City of Lebanon.
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Section 46.1142 Application procedure for appropriate
license or registration (amended).
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Prior to the opening of a food facility, the operator shall
contact the Department of Public Safety to obtain the appropriate
application form for the required license or registration. The Department
of Public Safety will supply the applicant the appropriate form based
upon the type of food facility involved. If the food facility is a
public eating and drinking place, the applicant shall obtain a license.
If the food facility is a retail food establishment, the applicant
must obtain a registration. A single location (such as a grocery store
that also serves hot or cold ready-to-eat foods) may require both
a license and registration. The fee for processing applications shall
be $25, payable upon submitting the application.
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Section 46.1143 Issuance (amendment).
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(a)
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New, converted or remodeled food facilities within the City
of Lebanon are required to submit facility and operating plans to
the Department of Public Safety prior to the issuance of a license
or registration. Upon the submission of the plans, preoperational
inspection will be conducted by the Department of Public Safety. The
fee for the review of the plans and preoperational inspection shall
be $100, payable upon submission of the plans to the Department of
Public Safety.
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(b)
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License and registration fees. Prior to issuance
of a license or registration and following the preoperational inspection,
the food facility operator shall pay a fee in accordance with the
following schedule:
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(1)
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Eating and drinking establishment: $100.
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(2)
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Retail food facility: $75.
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(3)
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Mobile food service equipment: $100.
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(4)
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Temporary food sales: $30 per event, for a maximum of three
events per calendar year.
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(5)
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Temporary food sales: $100 if more than three events per calendar
year.
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(6)
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Individual farmers' market food operator: $45.
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(c)
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License or registration renewal. The food facility
operator of an existing food facility within the City of Lebanon shall
submit an application and the required fee as set in Subsection (b)
and be in compliance with this chapter prior to issuance by the City
of Lebanon of a renewed registration or license or the issuance of
a renewed license by the City of Lebanon. Renewals of license and/or
registration shall be due no later than June 30 of each year. Those
food facilities which open prior to the annual license and/or registration
renewal period shall have their initial fees prorated by month prior
to the renewal date.
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(d)
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Nonprofit organizations, including churches, fire companies,
sports organizations and other organizations raising funds for benevolent
and/or charitable purposes, may petition the Mayor for a waiver of
the designated permit fees. 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. The application shall state the date
and location of the function or event. Upon approval of the application,
the applicant will be issued a temporary event license.
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(e)
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Change of ownership. Licenses and registrations
are nontransferable. New owners shall apply to the City of Lebanon
in accordance with Subsections (a), (b) and (d) of this section.
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(f)
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To retain a license or registration issued by the City of Lebanon,
a food facility operator shall follow the provisions of § 46.1144
of the Pennsylvania Food Code.
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Inspections (addition).
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In addition to a preoperational inspection, the Department of
Public Safety may conduct inspections of food facilities prior to
the renewal of a license or registration or upon the receipt of a
complaint or complaints from the public or any federal, state, or
local agency or its agents. Following a complaint, if more than one
additional inspection is required for full compliance, a fee of $50
shall be assessed for each inspection.
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License display; license nontransferable (addition).
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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 registrations and/or
licenses shall be conspicuously displayed at all times. Registrations
and licenses shall not be transferable. A registration and license
shall be required for each food facility.
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Appeals (addition).
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(a)
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Any person affected by a decision of the Health Official or
a notice or order issued under this chapter shall have the right to
appeal to the Board of Health, provided that a written application
for appeal is filed within 10 days after the day 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
thereunder has 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.
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(b)
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Postponed hearing. When three members are not present
to hear an appeal, either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
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Penalty; waiver (addition).
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(a)
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Any person who violates a provision of this chapter 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.
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(b)
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However, any person who has been issued a Health/Housing Code
violation ticket may discharge such obligation upon either appearing
at the Finance Office and voluntarily entering a plea of guilty by
paying the fine of $50 within 15 calendar days from the time of issuance
of the violation ticket or by placing the ticket envelope with the
proper fine amount in the City of Lebanon Fine-O-Meter box.
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(c)
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Any establishment found to be in violation of this chapter more
than three times in a twelve-month period shall, at the discretion
of the Inspector, have its license permanently revoked.
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Method of service (addition).
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Such notice shall be deemed to be properly served if a copy
thereof is:
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(a)
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Delivered to the owner or person in charge personally;
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(b)
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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; or
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(c)
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Issued a Health Code violation ticket.
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