[Ord. 3-1998, 11/9/1998, § 1]
Any person wishing to operate a food establishment in the Borough
of Hughesville on or after the effective date of this Part shall possess
an unrevoked license from the Health Officer of the Borough of Hughesville.
Said license shall be posted in a conspicuous place in such person's
place of business. All licenses are nontransferable. Any change in
ownership of a food establishment will require the issuance of a new
license, subject to approval by the Borough Health Officer. Notice
of any such change of ownership shall be given within 10 days of the
date of change; and, failure to notify the Borough as aforesaid during
the continuance of the business of the food establishment shall be
considered a violation of this Part.
[Ord. 3-1998, 11/9/1998, § 2]
A public eating facility where food or drink is served to
or provided for the public, with or without charge, including, but
not limited to, restaurants, food stands, concession stands, as well
as food vendors and caterers, operated for profit or nonprofit, within
the Borough of Hughesville.
Any person who distributes or sells to the public any type
of food, prepared food, or readily perishable food of a kind deemed
by the Borough Health Officer to be capable of causing human food-borne
illness, for immediate consumption from a truck, trailer, cart, bicycle
or other mobile unit. A food vendor does not include any person who
transports or delivers food to an individual or entity, such as a
restaurant, school or similar location, that will prepare the food
for consumption; and a food vendor does not include any person that
transports, delivers and/or sells refrigerated or frozen food to homes
or businesses for later consumption.
[Added by Ord. No. 3-2018, 11/12/2018]
Any person, association, or corporation conducting or operating
within this Commonwealth.
[Ord. 3-1998, 11/9/1998, § 3]
No license shall be issued until an inspection of the premises
has been made by the Borough Health Officer, or his designee, of the
premises, facilities and equipment, and they are found adequate and
in conformance with this Part.
[Ord. 3-1998, 11/9/1998, § 4]
Any person owning, operating or designing to operate a food
establishment within the Borough of Hughesville shall make application
for a food establishment license on forms approved by the Department
of Agriculture of the Commonwealth of Pennsylvania and approved from
time to time by resolution of the Hughesville Borough Council.
[Ord. 3-1998, 11/9/1998, § 5]
Licenses shall be granted for a period of one year from date
of issue or for a shorter period of time if it is a temporary license.
Application for renewal shall be made one month before expiration
of an existing license. An annual license granted under the provisions
of this Part shall be renewed if, on inspection by the Borough Health
Officer or his designee, the conditions specified in § 306
of this Part with respect to the premises and equipment are fulfilled.
[Ord. 3-1998, 11/9/1998, § 6]
No food establishment license shall be issued until and unless
the person owning or operating the food establishment has complied
with all rules and regulations of the Department of Agriculture of
the Commonwealth of Pennsylvania as now set forth in the Pennsylvania
Code, Title 7, Chapter 78, "Food Establishments," and as amended.
[Ord. 3-1998, 11/9/1998, § 7]
A license may be suspended by the Board of Hughesville Borough,
or revoked after an opportunity for a hearing by the Board of Health,
at which the licensee shall be afforded and opportunity to be heard,
for any violation of this Part and/or the rules and regulations of
the Department of Agriculture of the Commonwealth of Pennsylvania
as now set forth in the Pennsylvania Code, Title 7, Chapter 78, "Food
Establishments," and as amended. Notice of suspension or revocation,
and the reasons therefore, as well as any required notice of hearing,
shall be given in writing to the licensee at the address contained
in the license. Whenever a license is suspended or revoked no part
of the fee paid therefor shall be returned to the licensee. Any food
establishment whose license has been suspended may, at any time, make
application for reinstatement of license. Within one week after receipt
of a satisfactory application, accompanied by a statement signed by
the applicant to the effect that the violated item or items have been
conformed with, the Health Officer shall make a reinspection, and
thereafter as many additional reinspections as he may deem necessary
to make sure the applicant is complying with the requirements, and
in case of compliance, the Board of Health shall re-instate the license.
[Ord. 3-1998, 11/9/1998, § 8]
License fees shall be established from time to time by resolution
of the Hughesville Borough Council. No license shall be issued until
and unless the license fee is paid in full.
[Ord. 3-1998, 11/9/1998, § 9]
Any person who violates any provision of this Part shall be
guilty of any offense; and, for every such violation, upon conviction,
shall be sentenced to pay a fine of not less than $50, nor more than
$600, and costs of prosecution, and, in default of payment of fine
and costs, to undergo imprisonment for not more than 30 days.
[Ord. No. 3-2018, 11/12/2018]
1.
In addition to all other provisions of Chapter 13, Part 3, Food Establishment Licensing, food vendors must comply with the following regulations:
A.
Food vendors must receive written permission to be located on private
property or property owned by the Borough.
B.
Food vendors must operate at least 15 feet from all buildings. This requirement does not apply to buildings located on private property from which the food vendor obtained written permission under Subsection 1A above.
C.
Food vendors must operate at least 15 feet from all fire hydrants.
D.
Food vendors may not utilize a drive-through window.
E.
Food vendors may not utilize any type of video or audio advertisements that cause either a disturbance of the peace or amount to disorderly conduct under Chapter 6, Conduct, §§ 1 and 2.
F.
All advertising related to the food vendor must be attached to the
unit serving the food. No advertisement may be placed on the streets,
street poles or any other part of the ground.
G.
Food vendors must provide for their own waste collection for their
own waste and the waste of their customers. Food vendors are not permitted
to utilize the Borough waste receptacles.
H.
Food vendors may not deposit liquid waste or grease onto the ground
or into any storm drain.
I.
On school days between the hours of 7:00 a.m. and 4:00 p.m., food
vendors may not operate within 500 feet of any school building that
is occupied by students.
J.
Food vendors may not place any type of dining area, including but
not limited to tables, chairs, booths, bar stools, benches, or stand-up
counters, on any public space such as sidewalks or public parking
lots. Food vendors may only utilize dining area fixtures on private
property with the written permission of the property owner.
K.
Food vendors may request permission from the Borough for operation
on Borough property for special events. The Borough may charge a fee
for a license to operate on Borough property for a special event.
The Borough shall set the fee for special event licenses for food
vendors pursuant to a resolution of the Borough Council. A request
for a license for a food vendor to operate for a special event may
be denied by the Borough Council when it is determined that it is
not in the best interests of the Borough or its residents, which may
include but may not be limited to safety and nuisance issues.
