[Adopted by the City Council of the City of Bradford 3-26-2019 by Ord. No. 3277. Amendments noted where applicable.]
Adoption of state statutes.
The City hereby adopts the standards, regulations, and requirements thereunder of 3 Pa.C.S.A. §§ 5703 and 5705; 7 Pa. Code § 39.41; 25 Pa. Code § 171.6; 7 Pa. Code § 82.14; and 28 Pa. Code § 18.55, incorporated herein as cited as if presented in whole in this chapter.
The City hereby adopts for the purpose of safeguarding public health and ensuring that consumers are provided food that is safe, unadulterated, and honestly presented the Food Code as set forth in 7 Pa. Code Chapter 46, and any and all subsequent amendments, additions, and/or deletions. Three copies of the adopted Food Code are presently on file in the office of the City Administrator, and such code is hereby incorporated as if set forth at length herein. The provisions of the adopted Food Code shall be controlling within the limits of the City.
Food license mandatory
No person shall sell, dispose of, or offer for sale as human food and meats, fish, or other foods within the City without first obtaining a food license, in accordance with the provisions of this chapter and the food regulations of Pennsylvania Department of Agriculture ("Department"), 7 Pa. Code Chapter 46.
The following establishments may elect be exempt from § 116-2 A(1). An exempt facility which sells, disposes of, or offers for sale as human food and meats, fish, or other foods which require time and temperature control for safety within the City and directly to the public shall conspicuously display a notice stating that the facility is exempt from licensing requirements and may not have been inspected by the City for compliance with minimum food safety standards.
The Health Officer shall not issue any food inspection license until after ascertaining the sanitary conditions of the places where the food is produced, handled, or sold; also, the Health Officer is satisfied with the restaurant inspector's recommendation that the care and handling of such foods will be in accordance with the provisions of this chapter and the applicable regulations of the Department.
The Health Officer or any agent of the Board of Health may conduct periodic inspections of any premises that require a food license and any public eating and drinking establishments for the purpose of determining that such operator and the establishment are in compliance with all provisions of this chapter. The Health Officer may request the restaurant inspector or other City employee designee to assist in the performance of inspections.
It shall be unlawful for any person or operator to willfully prevent or restrain any City official from entering any premises that requires licensing or elects to be exempt from licensing under this chapter for the purpose of inspecting said premises after proper identification is presented to the operator or employee in charge of the operation.
Upon completion of an inspection, the inspector shall provide the operator or employee in charge of the operation with a written detailed list of all violations. At the discretion of the inspector, a date shall be set to allow for a follow-up inspection to ensure any violations have been corrected.
The Health Officer or any agent of the Board of Health may revoke the license granted under this chapter whenever it appears that the licensee or his or her agents or employees are operating licensed premises in violation of this chapter and in such a manner so as to be a threat to the public health or safety. This revocation shall only take place after reasonable attempts have been made to allow the licensee to abate the violation or violations.
The Health Officer or any agent of the Board of Health shall notify the licensee or his or her agent of the intent to revoke the license. The notice shall be in writing, signed by the Health Officer, and shall set forth finding of fact and the grounds on which the revocation is based. Said notice of such determination shall be delivered to the licensee or his or her agent in person or by certified mail, return receipt requested, to the place of business of the licensed premises.
The licensee shall have five days after service was effectuated to file a written request to the Board of Health for an appeal hearing to review the Health Officer's determination.
Within 10 days of receipt of such an application for an appeal hearing, the Health Officer shall notify the licensee of the time and place of such hearing.
Except where the Board of Health determines that the license was improperly revoked, the licensee shall apply for a new license, obtain a new license and pay all associated fees before performing any operations that require licensing under this chapter.
When it appears to the Health Officer that the operation of the licensed or exempted establishment poses an immediate and imminent threat to public health and safety such that irreparable harm will occur if the establishment is not immediately closed, the Health Officer shall have the power to order the immediate closure of such establishment until such time that the violations causing the immediate and imminent threat to public health and safety have been corrected or the Board of Health determines that the Health Officer erred in closing the establishment by means of the appeal process listed in § A239-13 of this Code.
Base fees shall be set by resolution of City Council.
In addition to the fees listed in § 116-7A(1), the following fees shall be paid by the licensee or applicant when applicable:
Payment of the actual costs incurred by the City for any and all laboratory fees resulting from an inspection of a licensed facility shall be the sole responsibility of that facility.
An additional fee of $35 shall be paid when a reinspection is required due to a reported violation of this chapter. This fee shall be waived when the reinspection is conducted due to a report that is unfounded.
Payment; certificate displayed. The license fee shall be payable to the City upon receipt of an invoice. No license shall be issued prior to the license fees being paid unless special arrangements have been made with the City. In the case of special arrangements, the license fee shall be paid in full within 30 days of the license being issued. The Health Officer shall furnish each licensee with a certificate showing the number of the license and the expiration date, together with the most recent inspection form. This license shall be displayed by the licensee conspicuously at the place of business where it may be readily observed.
Compliance. No person required by the provisions of this chapter to pay a license fee shall fail or refuse pay the same, and no person shall sell or offer for sale any meat or other food or food products below the standards provided by this chapter or refuse to comply with any order of the Health Officer or his/her designee.
A person who violates any provision of this chapter or any rule, regulation, standard or order made under this chapter commits a summary offense for the first or second offense and shall be subject to a fine not less than $100 but not more than $500. A person who violates any provision of this chapter or any rule, regulation, standard or order made under this chapter commits a summary offense and shall be subject to a fine of $1,000 if the violation is a third or subsequent offense and if the violation occurs within two years of the date of any previous offense.