City of Lebanon, PA
Lebanon County
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Table of Contents
Table of Contents
[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:
Section 46.3 Definitions (amended).
(a)
Licensor shall mean the City of Lebanon.
Section 46.1141 License or registration requirement (amended).
(a)
General Requirements: A person may not operate a food facility without a valid registration or license issued by the City of Lebanon.
Section 46.1142 Application procedure for appropriate license or registration (amended).
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.
Section 46.1143 Issuance (amendment).
(a)
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.
(b)
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:
(1)
Eating and drinking establishment: $100.
(2)
Retail food facility: $75.
(3)
Mobile food service equipment: $100.
(4)
Temporary food sales: $30 per event, for a maximum of three events per calendar year.
(5)
Temporary food sales: $100 if more than three events per calendar year.
(6)
Individual farmers' market food operator: $45.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
Inspections (addition).
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.
License display; license nontransferable (addition).
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.
Appeals (addition).
(a)
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.
(b)
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.
Penalty; waiver (addition).
(a)
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.
(b)
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.
(c)
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.
Method of service (addition).
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; or
(c)
Issued a Health Code violation ticket.