[HISTORY: Adopted by the Borough Council of the Borough of Folcroft 1-11-1982 by Ord. No. 743 (Ch. 13, Part 1, of the 2006 Code of Ordinances). Amendments noted where applicable.]
This chapter shall be entitled "Food Establishments."
The purpose of this chapter is to insure that every food establishment shall be conducted, operated and maintained in accordance with the requirements prescribed by this chapter and with such additional requirements as the Folcroft Borough Council shall require by rules and regulations in order to protect the health of the ultimate consumers of food handled in such establishments.
As used in this chapter, the following terms shall have the meanings indicated:
- FOOD ESTABLISHMENT
- Any place, permanent or temporary, within the Borough of Folcroft where food or drink is prepared, handled, served, sold to or provided for the public, with or without charge. Food establishments shall include, but not be limited to: eating and drinking establishments; mobile food establishments; retail food establishments, including but not limited to, hotels, inns, restaurants, lunch counters, bakeries, bake shops, delicatessens, fruit stores, fruit stands, grocery markets, ice cream parlors, soda fountains, refreshment stands, bars, confectioneries, and distributing vehicles.
- FOOD LICENSE
- A grant to a proprietor to conduct a food establishment.
- MOBILE FOOD ESTABLISHMENT
- Any vehicular food service establishment.
- Every person, firm, partnership or corporation conducting a food establishment.
- TEMPORARY FOOD ESTABLISHMENT
- Any food establishment which operates at any location for a period of time not exceeding 14 consecutive calendar days, regardless of whether the establishment operated continuously during this period of time, in connection with a fair, carnival, church, club, public exhibition or similar gathering.
It shall be unlawful for any proprietor to conduct or operate a food establishment within the Borough of Folcroft without first obtaining a license, as herein provided. Said license shall be issued by the Health Officer of the Borough of Folcroft.
All applications for license shall be made on forms provided by the Borough of Folcroft and shall be accompanied by the appropriate license and inspection fees.
No license shall be issued until inspection of the premises, facilities and equipment has been made by the Borough through its appropriate representative, which has found that the premises, facilities and equipment are adequately safe and clean for the protection of the public health and the comfort of the patrons and, further, to be in compliance with this chapter, all other applicable laws, as well as the rules and regulations promulgated by Borough Council.
Whenever a license is denied, the Borough, through its appropriate officers, shall state in writing to the applicant the reasons for such denial.
[Amended 12-10-1990 by Ord. No. 835]
A license fee shall be established from time to time by resolution.
Inspection fees. An annual inspection fee shall be charged to defray the cost of inspections, consultations and servicing of the food establishments. All such inspections shall be for the purpose of ascertaining compliance with this chapter, with the rules and regulations promulgated under this chapter, and all other laws. The inspection fees shall be established from time to time by resolution.
Nonprofit organizations operating temporary food establishments as defined herein shall be exempt from the inspection fee.
Licenses shall be granted for a period of one year from date of issue. Applications for renewal shall be made not more than 60 nor less than 30 days before the expiration of the existing licenses. A license granted under the provisions of this chapter shall be renewed, if on inspection by the Borough, the conditions specified in § 334-4 of this chapter are fulfilled.
Licenses herein provided for shall specify the date of issuance, the period which is covered, the name of the licensee and the place licensed. Such licenses shall be conspicuously displayed at all times in the place thereby licensed. Licenses shall not be transferable.
The Borough Council of the Borough of Folcroft shall adopt rules and regulations for the operation of food establishments. Such regulations shall be adopted by resolution by the Folcroft Borough Council. They shall be reviewed periodically and updated when necessary.
Before work is commenced in the construction, remodeling or alteration of a food establishment, or in the conversion of an existing establishment to a food establishment, properly prepared plans and specifications shall be submitted to and approved by the Borough through its appropriate representative.
The plans and specifications shall include, where applicable, data relating to the following:
The Borough, through its appropriate representatives, shall conduct periodic inspections of all food establishments licensed under this chapter and keep accurate records of such inspections. The authorized representative shall have the right to enter any food establishment in order to conduct inspections and obtain samples to determine compliance with the requirements of this chapter, the rules and regulations promulgated hereunder and all other appropriate laws. Any license issued under this chapter shall be immediately suspended in the event an authorized representative of the Borough, after presenting proper identification, is denied entry to any area of any food establishment when the establishment is open to the public or during other reasonable hours. Such suspension shall continue until entry is allowed to the authorized representative of the Borough, an inspection is completed, and conditions are found to be satisfactory. In the event entry is denied for seven or more consecutive days, the license may be revoked.
Any proprietor who, after investigation made by the appropriate Borough official has failed or refused, and after a reasonable interval, to correct conditions found to constitute a violation of this chapter or the rules and regulations adopted hereunder, shall have his or her license revoked or suspended.
Any applicant who has been refused a license, or any proprietor whose license has been revoked or suspended and who feels aggrieved by the action of the Borough, shall be privileged to appeal that decision and to be heard by the Folcroft Borough Council. The Borough shall be given notice of any such hearing and shall present all applicable records to the Folcroft Borough Secretary.
Any applicant or proprietor who is aggrieved by an action of the Borough Council shall have the right to file an appropriate appeal to the appropriate court.
No employee with a disease in a communicable form or who is a carrier of such diseases shall work in any food establishment in any capacity which brings him or her into contact with the production, handling, storage, or transportation of food or the equipment used in food establishments.
No proprietor shall employ in any capacity any such person suspected of having any disease in a communicable form, or being a carrier of such disease.
Any employee who has a discharging or infected wound, sore or lesion on hand, arms or any exposed portion of the body, shall be excluded from those operations which will bring him or her into contact with food, beverages, utensils or equipment used in food establishments.
When reasonable grounds exist to indicate that there is a possibility of transmission of infection from any employee, the proprietor, the Borough Council and/or the Health Officer, shall be authorized to require any or all of the following measures:
The immediate exclusion of the employee from the food establishment.
Restriction of the services of the employee to some area of work where there is no danger of transmission of disease.
Adequate medical examination of the employee and his or her associates, with such laboratory examination as may be necessary.
When there are reasonable grounds to indicate that there is danger of food-borne disease outbreak, the Health Officer, with the concurrence of a physician, may require the immediate closing of the establishment until no further danger of an outbreak exists.
Folcroft Borough Council may establish, at its own discretion, medical and/or screening programs and may require any or all employees of a food establishment to be tested.
[Amended 12-10-1990 by Ord. No. 835]
Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $1,000 and costs, or in default of payment thereof, shall be subject to imprisonment for a term not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
[Added 11-21-2006 by Ord. No. 990]
Any person, firm or corporation that owns or operates any establishment with a grease trap or similar device is required to demonstrate to the Health Officer or applicable inspecting party that the grease trap (or similar device) has been cleaned by a third-party. Applicable methods to demonstrate the proper removal of grease is by paid-in-full bill, signed contract or any other method acceptable to the Health Officer or applicable inspecting party. At a minimum, the documentation must demonstrate appropriate removal and disposal techniques. Failure to provide appropriate documentation will result in a penalty as stated in § 334-12.
[Added 11-21-2006 by Ord. No. 990]
All pools must be kept in good working condition. Water must be kept free of bugs, debris, mold/mildew, algae and other items that may lead to a public safety hazard. Upon inspection of a possible violation of this section, the Health Officer shall issue a notice to the property owner stating corrective action must be taken within 48 hours. If the violation is not remedies within 48 hours, the Borough of Folcroft, or an agent of the Borough, has the right to confiscate said pool.