[Adopted 2-14-1949 by Ord. No. 580]
The following definitions shall apply in the interpretation and the enforcement of this article:
EMPLOYEE
Any person who handles food or drink during preparation or serving or who comes in contact with any eating or cooking utensils or who is employed in a room in which food or drink is prepared or served.
HEALTH OFFICER
The Health Officer of the Borough or his duly authorized representative.
ITINERANT RESTAURANT
One operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
PERSON
Person, firm, corporation or association.
RESTAURANT
Restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain and all other eating or drinking establishments as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
UTENSILS
Any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
[Amended 4-12-1980 by Ord. No. 984; 3-1-1990 by Ord. No. 1066]
A. 
It shall be unlawful for any person to operate a restaurant in the Borough who does not possess an unrevoked permit from the Health Officer. Such permit shall be posted in a conspicuous place. Only persons who comply with the requirements of this article shall be entitled to receive and retain such a permit. A person conducting an itinerant restaurant shall also be required to secure a permit.
B. 
Such a permit may be temporarily suspended by the Health Officer upon the violation by the holder of any of the terms of this article or revoked, after an opportunity for a hearing by the Health Officer, upon serious or repeated violations.
C. 
No such permit shall issue until an annual inspection fee in an amount as established from time to time by resolution of Borough Council shall have been paid by the person operating a restaurant to the Borough Secretary, and in the case of an itinerant restaurant, no such permit shall issue until an inspection fee in the amount as established from time to time by resolution of Borough Council shall have been paid by the person operating said itinerant restaurant to the Borough Secretary for each function held throughout the year.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
Every restaurant shall display, at all times, in a place designated by the Health Officer, a notice approved by the Health Officer, stating the grade of the establishments.
A. 
At least once every six months, the Health Officer shall inspect every restaurant located within the Borough. In case the Health Officer discovers the violation of any item of sanitation required for the grade thereheld, he shall make a second inspection after the lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the grade requirements of this article. Any violation of the same item of this article on such second inspection shall call for immediate degrading or suspension of permit.
B. 
One copy of the inspection report shall be posted by the Health Officer upon an inside wall of the restaurant, and said inspection report shall not be defaced or removed by any person except the Health Officer. Another copy of the inspection report shall be filed with the records of the Health Department.
C. 
The person operating the restaurant shall, upon request of the Health Officer, permit access to all parts of the establishment and shall permit copying of any or all records of food purchased.
The grading of all restaurants shall be based upon the following standards:
A. 
Sanitation requirements for grade A restaurants. All grade A restaurants shall comply with all of the following items of sanitation:
(1) 
Floors. The floors of all rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth, and shall be kept clean and in good repair.
(2) 
Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in a light color. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth washable surface up to the level reached by splash or spray.
(3) 
Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
(4) 
Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted.
(5) 
Ventilation. All rooms in which food is stored, prepared or served or in which utensils are washed, shall be well ventilated.
(6) 
Toilet facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees, conforming with the ordinances of the Borough. In restaurants hereafter constructed, toilet rooms shall not open directly into any room in which food, drink or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair and well lighted and ventilated. Hand-washing signs shall be posted in each toilet room used by employees.
(7) 
Construction of utensils and equipment. All multi-use utensils and all show and display cases or windows, counters, shelves, tables, refrigerating equipment, sinks and other equipment or utensils used in connection with the operation of a restaurant shall be so constructed as to be easily cleaned and shall be kept in good repair. Utensils containing or plated with cadmium or lead shall not be used, provided that solder containing lead may be used for jointing.
(8) 
Water supply. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality.
(9) 
Lavatory facilities. Adequate and convenient hand-washing facilities shall be provided, including hot and cold running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands.
(10) 
Cleaning and bactericidal treatment of utensils and equipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and free from dust, dirt, insects and other contaminating material. All cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once. All multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in the preparation or serving of food or drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation. Drying cloths, if used, shall be clean and shall be used for no other purposes. No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
(11) 
Storage and handling of utensils and equipment. After bactericidal treatment, utensils shall be stored in a clean dry place protected from flies, dust and other contamination and shall be handled in such manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until use, and shall be handled in a sanitary manner.
(12) 
Disposal of wastes. All waste shall be properly disposed of and all garbage and trash shall be kept in suitable receptacles in such manner as not to become a nuisance.
(13) 
Refrigeration. All readily perishable food and drink shall be kept at or below 50° F., except when being prepared or served. Wastewater from refrigeration equipment shall be properly disposed of.
(14) 
Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption. All milk, fluid milk products, ice cream, and other frozen desserts served shall be from approved sources. Milk and fluid milk products shall be served in individual original containers in which they were received from the distributor or from a bulk container equipped with an approved dispensing device, provided that this requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved for such service. All oysters, clams or mussels shall be from approved sources and, if shucked, shall be kept until used in the containers in which they were placed at the shucking plant.
(15) 
Storage, display and service of food and drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared or stored. All means necessary for the elimination of flies, roaches and rodents shall be used.
(16) 
Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared.
(17) 
Miscellaneous. The premises of all restaurants shall be kept clean and free of litter or rubbish. None of the operations connected with a restaurant shall be conducted in any room used as living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
(18) 
Food Employee Certification Act. The Food Employee Certification Act, as amended,[1] requires the certification in food safety of one employee. The employee will be the person in charge of the retail food facility when present, but must be accessible at all times the facility is operating.
[Added 1-10-2017 by Ord. No. 1294]
[1]
Editor’s Note: See 3 Pa.C.S.A. § 6501 et seq.
B. 
Grade B restaurants. Grade B restaurants are those which fail to comply with Subsection A(1), (2), (4), (5) or (17) but which conform with all other items of sanitation for grade A restaurants.
C. 
Grade C restaurants. Grade C restaurants are those which fail to comply with either the grade A or the grade B requirements.
D. 
Itinerant restaurants. Itinerant restaurants shall be constructed and operated in an approved manner.
From and after 12 months from the date on which this article takes effect, no restaurant shall be operated within the Borough or its police jurisdiction unless it conforms with the grade A or grade B or approved itinerant restaurant requirements of this article, provided that, when any restaurant fails to qualify for any of these grades, the Health Officer is authorized to suspend the permit or, in lieu thereof, to degrade the restaurant and permit its operation during a temporary period not exceeding 30 days.
[Amended 1-17-1983 by Ord. No. 1009]
A. 
Any restaurant, the grade of which has been lowered and all grade displays have been changed accordingly or the permit of which has been suspended, may at any time make application for regrading or the reinstatement of the permit.
B. 
Within one week after the receipt of a satisfactory application, accompanied by a statement signed by the applicant to the effect that the violated provision or provisions of this article have been conformed with, the Health Officer shall make a reinspection and thereafter as many additional reinspections as he may deem necessary to assure himself that the applicant is again complying with the higher grade requirements and, in case the findings indicate compliance, shall award the higher grade or reinstate the permit.
No person who is affected with any disease in a communicable form or is a carrier of such disease shall work in any restaurant, and no restaurant shall employ any such person or any persons suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the restaurant manager suspects that any employee has contracted any disease in a communicable form or has become a carrier of such disease, he shall notify the Health Officer immediately. A placard containing this section shall be posted in all toilet rooms.
When suspicion arises to the possibility of transmission of infection from any restaurant employee, the Health Officer is authorized to require any or all of the following measures:
A. 
The immediate exclusion of the employee from all restaurants.
B. 
The immediate closing of the restaurant concerned until no further danger of disease outbreak exists, in the opinion of the Health Officer.
C. 
Adequate medical examination of the employee and of his associates, with such laboratory examinations as may be indicated.
[Amended 5-22-2012 by Ord. No. 1247; 1-10-2017 by Ord. No. 1294]
This article shall be enforced by the Health Officer in accordance with the laws of the Commonwealth of Pennsylvania, the procedures as established from time to time by the Pennsylvania Department of Environmental Protection and the Pennsylvania Department of Agriculture Food Code, Title 7, Act 106, Chapter 46, 57 and 65, as amended.
[Amended 12-15-1980 by Ord. No. 991; 5-22-2012 by Ord. No. 1247]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues, or each section of this article which shall be found to have been violated, shall constitute a separate offense.