[Ord. No. 11-2018, 19, passed 6-24-2019[1]]
The Model Food Code as set forth in 7 Pa. Code Chapter 46, including
§ 46.4, and as is superseded and/or supplemented by the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 City of Lebanon
for regulating and setting standards for management and personnel,
food operations and equipment and facilities; and providing for retail
food facility plan review, licensing, 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 City
Clerk's Office 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,
Additions, insertions and changes.
[1]
Editor's Note: This ordinance repealed former Article
1103, Food Code, adopted by Ord. No. 16-2014, 15, passed 2-23-2015.
[Ord. No. 11-2018, 19, passed 6-24-2019]
The Food Code, published by the Commonwealth of Pennsylvania,
Department of Agriculture, Bureau of Food Safety and Laboratory Services,
on December 13, 2003, has been amended and revised and is adopted
to apply to licensure and enforcement in the City of Lebanon in the
following respects:
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Section 46.3 Definitions (amend definition of "Licensor").
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Licensor shall mean the City of Lebanon
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Section 46.1142 Application procedure for appropriate
license (amended).
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Prior to the opening of a retail food facility, the operator
shall contact the Department or licensor to obtain the appropriate
application form for the required license. The Department or licensor
will supply the applicant with the appropriate form, based upon the
type of retail food facility involved. The fee for processing applications
shall be $25 payable upon submitting the application .
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Section 46.1143 Issuance (amended).
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(a)
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New, converted or remodeled retail food facilities. For retail
food facilities that are required to submit plans as specified in
§ 46.1121(a) (relating to facility and operating plans),
the Department or licensor will issue a license to the applicant after
the following occur:
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(1)
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The required plans, specifications and information are reviewed
and approved.
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(2)
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A preoperational inspection, as described in § 46.1124
(relating to preoperational inspection of construction), shows that
the facility is built or remodeled in accordance with the approved
plans and specifications and that the facility is in compliance with
this chapter.
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(3)
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A properly completed application is submitted.
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(4)
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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. This fee shall include one preoperational inspection
and one preopening inspection.
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(b)
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License renewal. The retail food facility operator
of an existing retail food facility within the City of Lebanon shall
submit an application, the required fee as set in Paragraph (d) and
be in compliance with this chapter prior to issuance by the City of
Lebanon of a renewed license, or the issuance of a renewed license
by the City of Lebanon. The annual license period shall be July 1
to June 30. Renewals of license shall be due no later than June 30
of each year. A food facility that opens prior to the annual license
renewal period shall have its initial fees pro-rated by month prior
to the renewal date.
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(c)
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Change of ownership. Licenses are nontransferable.
New owners shall apply to the Department or licensor in accordance
with § 46.1142 (relating to application procedure for appropriate
license).
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(d)
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License. Prior to issuance of a license and following
the preoperational inspection, the retail food facility operator shall
pay a fee in accordance with the following schedule:
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(1)
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Public eating and drinking place: $125.
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(2)
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Retail food establishment (with time and temperature controlled
for safety foods): $125.
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(3)
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Retail food facility (with no time and no temperature controlled
safety foods): $75.
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(4)
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Mobile retail food establishment (with time and temperature
controlled safety foods): $125.
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(5)
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Mobile retail food establishment (with no time and no temperature
controlled foods): $75.
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(6)
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Temporary food sales: $30 per event, for a maximum of three
events per calendar year. More than three events will be considered
a permanent retail food facility and a fee of $125 will be assessed.
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(7)
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Individual farmers' market food operator: $45.
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(e)
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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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(f)
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Inspections. The City of Lebanon may conduct the
following types of inspections of food facilities prior to the issuance
of a new or renewal of a license, periodically throughout the year
to determine if the licensee is in compliance with the requirements
of the Food Code, or upon the receipt of a complaint or complaints
from the public or any federal, state, or local agency or its agents
that the licensee is not in compliance with requirements of the Food
Code:
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(1)
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Annual or regular inspection (one inspection included with the
annual license fee).
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(2)
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Preopening inspection (one preoperational and one preopening
inspection included in license fee).
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(3)
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Compliance inspection. If inspection interval is
more than one time per year due to the factors set forth in Section
8-4, "Inspection and Corrections of Violations," a fee of $75 shall
be assessed for each inspection conducted.
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(4)
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Complaint inspection. If a complaint is found to
be valid, a fee of $75 shall be assessed.
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License display; license nontransferable (addition).
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(a)
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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 licenses shall be conspicuously
displayed at all times. Licenses shall not be transferable. A license
shall be required for each retail food facility.
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8.911.10 Authorities, methods, fines, and sentences for
criminal proceedings (amended).
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(a)
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The City of Lebanon may seek to enforce the provisions of this
Code and its orders by instituting criminal proceedings as provided
in law against the permit holder or other persons who violate its
provisions.
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(b)
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Any person violating this article shall, upon conviction, be
guilty of a misdemeanor, punishable by:
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(1)
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A fine of not less than $100 nor more than $300 and/or imprisoned
not more than 90 days, plus costs of prosecution, for the first offense.
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(2)
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A fine of not less than $300 nor more than $1,000 and/or imprisoned
not more than 90 days, plus costs of prosecution, for all succeeding
offenses.
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(c)
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Each day that a violation continues after due notice has been
served shall be deemed a separate offense. A person who violates any
provision of this article or any rule, regulation, standard or order
made under this article commits a misdemeanor of the third degree
if the violation is a third or subsequent offense and if the violation
occurs within two years of the date of the last previous offense.
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8.911.13 Authorities, methods, fines, and sentences for
civil proceedings (amended).
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(a)
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The City of Lebanon may seek to enforce the provisions of this
Code and its orders by instituting civil proceedings as provided in
law against the permit holder or other persons who violate its provisions.
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(b)
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In addition to any criminal fines and sentences imposed as specified
in § 8- 911.10, or to being enjoined as specified in § 8-912.10,
a person who violates a provision of this Code, any rule or regulation
adopted in accordance with law related to food establishments within
the scope of this Code, or to any term, condition, or limitation of
a permit issued as specified in §§ 8-303.10 and 8-303.20
is subject to a civil penalty of not less than $100 nor more than
$300 and/or imprisoned not more than 90 days, plus costs of prosecution.
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(c)
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Each day that a violation continues after due notice has been
served shall be deemed a separate offense. A person who violates any
provision of this article or any rule, regulation, standard or order
made under this article commits a misdemeanor of the third degree
if the violation is a third or subsequent offense and if the violation
occurs within two years of the date of the last previous offense.
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