[Ord. 1183, 9/10/1987, Section 1; amended by Ord. 1595, 7/27/1999,
Section 1; Ord. 1773, 2/19/2004, Section 1; Ord. 1998, 8/6/2012]
Food establishments, as defined herein, are declared to be subject
to the provisions of the Rules and Regulations adopted by the Department
of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter
46, "Food Code Regulation" issued under the Retail Food Facility Safety
Act of 2010[1] as now enacted and as may be hereafter amended. A copy
of these regulations shall be supplied to any person operating a food
establishment, on request.
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
[Ord. 1183, 9/10/1987, Section 2; amended by Ord. 1603, 10/7/1999,
Section 2; Ord. 1655, 3/24/2001, Introduction and Section 1; Ord.
1773, 2/19/2004, Section 2; Ord. 1998, 8/6/2012]
The definitions, as set forth in the Rules and Regulations of
the Department of Agriculture of the Commonwealth of Pennsylvania,
Title 7, Chapter 4610, as now enacted and as may be hereafter amended,
are included herein by reference. In addition to the definitions set
forth in the Act, the following words and phrases shall have the meaning
ascribed to them in this section, unless the context indicates otherwise:
The Borough of State College, Centre County, Pennsylvania.
Both public eating and drinking places and retail food establishments
collectively.
The rules and regulations adopted by the Pennsylvania Department
of Agriculture of the Commonwealth of Pennsylvania, Title 7, Chapter
46, and the Retail Food Facility Safety Act of 2010 as now enacted
and as may be hereafter amended.
Background: The Borough has, and continues to encounter,
severe difficulties such as disorderly conduct, noise, litter, and
blocking or obstructing sidewalks from late night food and beverages
being served through walk-up windows. It is the Borough's policy that
public sidewalks remain safe, clear of litter and free of obstructions
so that the public can use them without undue interference, nuisances,
or hazards. Thus, this regulation is deemed necessary by the State
College Borough Council in order to carry out this policy. Therefore:
"Walk-Up Window" is defined as an external opening where food or beverages
are passed and/or served to a customer on or standing next to a public
sidewalk.
[Ord. 1183, 9/10/1987, Section 3; amended by Ord. 1698, 3/19/2002;
Ord. 1773, 2/19/2004, Section 3; Ord. 1998, 8/6/2012]
a.
Requirement. No person shall conduct or operate a food establishment
within the municipality without first obtaining a license from the
Borough. No license shall be issued until inspection of the premises,
facilities, and equipment of such food establishment has been made
by the duly appointed representative of the said Borough and found
to conform with the provisions of the Acts and Department of Agriculture
rules and regulations.
b.
Applications. Application for a license and the required fee shall
be submitted prior to erection, structural alteration, occupancy,
or operation of any food establishment and/or prior to the issuance
of any building permit by the Centre Region Code Administration Department.
c.
Inspections. The Borough shall have the right of inspection at the
submission of application and from time to time to determine compliance
with the terms of this ordinance. The Borough Council shall, from
time to time, designate and appoint an Inspector, who shall carry
out the inspections in accordance with this Part, the Acts and the
Pennsylvania Department of Agriculture rules and regulations.
[Ord. 1183, 9/10/1987, Section 3; amended by Ord. 1698, 3/19/2002;
Ord. 1773, 2/19/2004, Section 3; Ord. 1998, 8/6/2012]
a.
Eating and Drinking Places. All public eating and drinking places
of any size shall post a sign at all public entrances, which sign
shall state one of the following:
(1)
"We do not provide separate 'no smoking' areas."
(2)
"Separate 'no smoking' areas available" (stating applicable
times).
(3)
"No smoking at any time."
The letters composing such signs shall be no less than one inch
high.
Such eating and drinking places may post different signs on
different days, but shall only post one of the three signs permitted
during each working day (which may be portions of two different days).
If an eating establishment indicates, by sign, that there are separate
"no smoking" areas available, such areas shall be made available during
the times indicated by such eating establishment. Such "no smoking"
areas may be varied in size or location during a working or business
day.
b.
Retail Food Establishments. No person shall smoke any pipe, cigar,
cigarette or other smoking device in any retail food establishment.
All such retail food establishments shall post a sign with letters
no less than one inch high at each entrance providing "no smoking
at any time." It shall be considered a violation of this Part if any
person continues to smoke in any retail food establishment after having
been requested to cease smoking by any employee of such retail food
establishment.
c.
Outdoor Eating Areas. Licensed food establishments that provide exterior
eating areas and allow smoking in these areas, shall provide cigarette
butt disposal containers and must keep their premises free from the
same. Failure to comply with this requirement is declared to be a
violation of this ordinance and is subject to the penalties contained
herein.
d.
Requirement. Licensed food establishments that sell or serve food
or beverages through a walk-up window shall provide interior lobby
or seating space for their customers. Such space shall be available
to customers whenever the establishment is open for business. The
lobby or seating space shall be sized so as to provide space for customers
waiting for service and so that they are not forced to block or obstruct
the public sidewalk. Establishments may not block or obstruct public
sidewalks in providing walk-up window service.
Food establishments with a walk-up window shall also provide
at least one refuse receptacle near the window and on their premises
for their customers' use. Refuse receptacles shall be maintained such
that refuse is not allowed to spill or blow onto the public right-of-way.
e.
Hours of Operation. Licensed food establishments that sell or serve
food or beverages through a walk-up window shall cease selling or
serving food through a walk-up window no later than 12:00 midnight,
prevailing time, and may reopen no earlier than 7:00 a.m., prevailing
time.
[Ord. 1183, 9/10/1987, Section 5; amended by Ord. 1344, 8/21/1991;
Ord. 1369, 5/4/1992; Ord. 1547, 11/6/1997, Section 1; Ord. 1595, 7/27/1999,
Section 2.; Ord. 1809, 1/18/2005; Ord. 1867, 2/20/2007, Section 1;
Ord. 1914, 12/15/2008, Section 9; Ord. 1998, 8/6/2012]
All license fees, renewal fees, plan review fees and late fees
shall be set by resolution of Council from time to time.
a.
BOARD APPROVED TRAINING
CERTIFIED FOOD EMPLOYEE
Definitions. The following definitions shall apply to this section:
The State College Board of Health shall approve training
programs based on the state food establishment rules and regulations,
adopted herein, for the purpose of instructing prospective certified
food employees in the food handling requirements.
An employee of a food establishment who is in a supervisory
or management position or person-in-charge with respect to other employees
of the establishment and/or in some way responsible for the operation
of a food establishment.
b.
Certified
food employee on duty. Each newly licensed food establishment shall
within 90 days have within their employ at least one certified food
employee who is available on the premises at all times or available
by phone. Retail food establishments that sell only pre-packaged non-potentially
hazardous food shall be exempt from this requirement.
c.
Examinations.
Each certified food employee shall be required to take a written examination
approved by the State College Board of Health and to achieve a passing
grade, which grade shall be determined by the Board of Health.
d.
Certification.
All certified food employees who shall have passed an examination
administered by the Borough on payment of the fee provided for herein,
shall receive a certificate issued by the Borough. Certification shall
be valid for five years from the date of issuance, unless sooner suspended
or revoked, and shall be reissued only after successful reexamination
and payment of the required fee. All certificates issued shall be
exhibited in a place conspicuous to consumers and the Borough.
The fees payable for certified food employee will be set by
resolution of Borough Council from time to time.
e.
Responsibilities
of certified food employee and/or person-in-charge. Certified food
employees and or the person-in- charge shall be required to daily
observe, instruct, and, if necessary, correct other food establishment
employees. Certified food employees shall further be required to observe,
practice, and conform with the provisions of Chapter 46, Food Code,
and the Retail Food Facility Safety Act of 2010.[1]
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
f.
Suspension
and revocation of certificates. Any person certified hereunder who
knowingly fails to follow the responsibilities set forth herein may
be suspended by the Borough for a specified period. Any person certified
hereunder who knowingly submits false information to any representative
of the State College Board of Health or, having previously been suspended,
fails to perform the responsibilities set forth herein, may have such
certification revoked by the Borough.
Any person whose certification is suspended or revoked shall
be notified of such action, in writing, and shall have the right,
within one week after receipt of such notice, to request, in writing,
a hearing before the State College Board of Health. The said Board
shall conduct such hearing as soon as possible thereafter and shall
determine whether such person shall have such certification suspended,
and the length of time thereof, or revoked. Any person whose certification
is revoked may not be recertified within one year from the date of
such revocation.
[Ord. 1183, 9/10/1987, Section 7;{50} amended by Ord. 1547,
11/6/1997, Section 3; Ord. 1773, 2/19/2004, Section 4; Ord. 1998,
8/6/2012]
Any person who shall violate any of the provisions of §§ 9-201
through 9-206 shall be subject to the penalties set forth within the
Retail Food Facility Safety Act of 2010.[1] Any person who resists or interferes with any authorized
representative of the Borough in the performance of his duties shall,
upon conviction thereof before any Magisterial District Judge be sentenced
to pay a fine of not less than $300 nor more than $1,000 plus costs,
to be paid to the Borough or, in default thereof, to be confined in
jail for a period of not more than 30 days.
[1]
Editor's Note: See 3 Pa.C.S.A. § 5701 et seq.
