[Ord. 8285, passed 3-14-2019]
The purpose of this ordinance is to safeguard the public health
and ensure that consumers are provided food that is safe, unadulterated,
and honestly presented.
[Ord. 8285, passed 3-14-2019]
(a) NEW RETAIL FOOD ESTABLISHMENT — A Retail Food Establishment
that is requesting an Annual Food Licence to begin operations for
a location they do not have licensed in their name for more than 14
days. This Retail Food License is issued for a period of 12 months.
(b) RENEWAL — The re-issuance of an Annual Food License for Retail
Food Establishment operated for more than 14 days per year that is
not a Mobile Food Vendor. This Retail Food License is issued for a
period of 12 months.
(c) FOOD DELIVERY SERVICE LICENSE — A license issued to any person
or business that delivers food to a consumer by any means. One license
will cover all employees of a single business and can be photocopied
as needed. Non-Profit, School, Youth, and Charitable organizations
are exempt. This Retail Food License is issued for a period of 12
months.
(d) NUISANCE INSPECTION — An inspection for any Licensed Retail
Food Establishment requiring more than two inspections in a twelve-month
period due to repeat violations or verified complaints.
(e) FOLLOW-UP INSPECTION — An inspection to review whether changes
have been made to correct violations resulted in noncompliant status
determined by a prior inspection.
(f) LICENSE — Retail Food License as defined by 7 PA Code Chapter
46 and Act 106 of 2010 Subchapter A Retail Food Safety Act.
(g) OTHER INSPECTION FEE — An inspection that is required under
PA Act 106 of 2010 for a Retail Food Facility or for a Retail Food
Facility that is exempt from Licensing (but not inspection) under
Subchapter A, Retail Food Safety Act, or an inspection that is not
required but is requested by the owner or operator of a current or
future Retail Food Facility for any reason. The Other Inspection Fee
is due at the time of the inspection. A Certificate of Inspection
will be issued after a complaint inspection is completed and all fees
collected.
(h) MOBILE FOOD VENDOR — Any food vendor that is operating in a
trailer, tent or vehicle, or any other structure that is not located
inside a permanent commercial structure that is serviced by municipal
water and sewer services.
(i) MOBILE FOOD LICENSE — A License issued for a Mobile Food Vendor
in a specific category.
(1)
ICE CREAM TRUCK — A single vehicle that sells Retail Food
Items that are frozen desserts that is mobile and travels the City
for sales. This Retail Food License is issued for a period of 12 months.
(2)
TEMPORARY RETAIL FOOD LICENSE — A food vendor that is
operating in a single trailer, tent or vehicle or any other structure
that sells Retail Food Items for a period of 14 days or less at any
one single event or Celebration. This Retail Food License is issued
for a period not more than 14 days.
(3)
FARMERS MARKET VENDOR — A food vendor that is operating
in a trailer, tent or vehicle or any other structure that sells raw
agricultural commodity at the Farmers Market. This Retail Food License
is issued for the season of the Farmers Market.
(4)
FOOD TRUCK — A food vendor that is operating in a single
trailer or truck that sells Retail Food Items for a period of more
than 14 days. A maximum of 200 square feet of any type of structure
is allowed for each license.
(j) TRANSIENT SALES LICENSE — A license issued to any person, firm
or corporation, as principal or agent, or both, which engages in,
does or transacts any temporary or transient business in this City,
either in 1 locality or in traveling from place to place in this City,
offering for sale or selling goods, wares, merchandise, food or beverages,
and including those who, for the purpose of carrying on such business,
hire, lease, use or occupy any permanent or mobile building, structure,
motor vehicle including trucks, or real estate for the exhibition
by means of samples, catalogues, photographs and price lists or sale
of such goods, wares or merchandise.
[Ord. 7954, passed 4-28-2011; Ord. 8285, passed 3-14-2019]
(a) New retail food establishment: $200.
(c) Temporary licenses:
Type
|
Fee
|
---|
Temporary Retail Food License
|
$50
|
Temporary Retail Food License current City Licensed establishment
|
$35
|
Temporary Retail Food License for 501C3 not for profit group
|
$0
|
Ice Cream Truck/Food Truck New License
|
$200
|
Ice Cream Truck/Food Truck Renewal
|
$150
|
Farmer Market License
|
$0
|
(d) Food delivery service licence.
Type
|
Fee
|
---|
Food Delivery Service License current City Licensed establishment
|
$50
|
Food Delivery Service License per business
|
$200
|
(e) Nuisance inspection fee: $50.
(f) Follow-up inspection fee:
Type
|
Fee
|
---|
For the first follow-up inspection during the previous
12 months
|
$150
|
For a second or subsequent follow-up inspection
during the previous 12 months
|
$300
|
(g) Other inspection fee: $100.
(h) A nuisance inspection fee or follow-up inspection fee is due at the
time of each nuisance inspection or follow-up inspection payable to
the City Treasurer.
(i) An application fee is to be paid at time of application and shall
be payable to the City Treasurer. No application will be processed
or a License issued until all fees owed to the City are paid. If a
License is suspended, denied or revoked, no part of the fees paid
are to be refunded.
(j) Applications and fee for a License renewal are due one month prior
to the expiration date of the current License.
(k) It is the responsibility of the applicant to obtain and submit all
required applications and forms in a timely manner for all Licenses
requested.
(l) A Commonwealth of Pennsylvania recognized valid photo ID and a PA
Sales and Use Tax License is required for all applications submitted
for Licenses. A copy will remain on file with the application. Current
contact information must be submitted and remain on file and must
include phone, address, and alternative numbers for 24 hour emergency
use. Updates to this information must be submitted no later than three
days after the change takes place.
(m) In the event the respective license fee charged pursuant to Subsections
(a) through
(g) recited above, is not paid on or before the 5th day of the succeeding month the fee is due, the licensee shall be charged a late fee in the amount of $35 for each month the respective license fee remains outstanding thereafter.
[Ord. 7948, passed 12-23-2010; Ord. 8285, passed 3-14-2019]
(a) Interceptors for oil, grease and other substances harmful or hazardous
to the building drainage system, the public sewer or sewage treatment
plant or processor shall be provided by the licensee. A licensee may
be excused for the period of the license, from the interceptor requirement
when in the opinion of the City Engineer and confirmed by the Code
Official, there are no substances harmful to the City sewers being
discharged by the licensee.
(b) Approval of interceptors shall be obtained from the Code Enforcement
Officer as required by the provisions of the International Property
Maintenance Code.
(c) Each interceptor, if required, shall be so installed as to provide
ready accessibility to the cover and means for servicing and maintaining
the interceptor in working and operating conditions. The use of ladders
or the removal of bulky equipment in order to service interceptors
shall constitute a violation.
(d) Proof of regular service must be presented if requested during an
inspection for the previous two years.
[Ord. 7948, passed 12-23-2010; Ord. 8285, passed 3-14-2019]
(a) Should any establishment become delinquent in its license fee as required by Section
337.02, such license shall be revoked after due notice of 14 calendar days. The establishment shall cease operations when the license is revoked.
(b) Should any establishment become delinquent in fines, fees, or other
monies owed to the City of New Castle such license shall be revoked
after due notice of 14 calendar days. The establishment shall cease
operations when the license is revoked.
[Ord. 7948, passed 12-23-2010; Ord. 8106, passed 8-28-2014; Ord. 8285, passed 3-14-2019; Ord. 8285, passed 3-14-2019]
(a) All Food Establishments shall conform to all standards in accordance
with 7 Code PA Chapter 46.
(b) Any establishment found not conforming to the standards set forth by Section
337.05(a) may be cited as per Section
337.99. In addition, they may have their License revoked or suspended immediately. Revocation or suspension will be determined by the Health Officer based on the risk for an imminent health hazard to the public. The establishment shall cease operations immediately when the license is revoked or suspended. A license may be suspended for any length of time appropriate up to 72 hours as determined by the Health Officer.
(c) Shall the License be revoked, a new License may be applied for by
the Licensee after a period of one year with all fees paid prior to
re-issuance and must include a plan review as outlined in the Food
Code.
(d) Shall the License be suspended for a period of time, a complete re-inspection
must be completed and written permission to continue operations obtained
from the Health Officer. Any fees owed to the City must be paid in
full prior to resuming operations.
(e) A sign shall be posted on the entry door(s) of any establishment
whose license is suspended or revoked stating "Closure by the Board
of Health." This sign shall remain posted during the time of the closure
and if removed shall be considered a violation and a separate violation
for each day it remains removed. The sign will be dated, signed by
the Health Officer, have the contact information of the Health Officer
and will state "It must remain in place until removed by the Health
Officer and it is a violation finable up to $1,000. per day if it
is removed."
(f) Shall the Licensee request a hearing for a License that has been
suspended or revoked, a hearing will be held by the Board of Health
within 10 business days after receiving written notification requesting
the hearing. The Licensee will be notified in writing of the date,
time and place. The Board of Health will review all facts and statements
and render a written decision within 2 business days. A hearing must
be requested within 30 days after the revocation or suspension. A
record of the proceeding shall be made either by stenographic means
or electronic recording. The method of the means of recording is at
the discretion of the Board. A Licensee may appeal an unfavorable
decision of the Board of Health by filing an appropriate action challenging
the Board's findings with a court of appropriate jurisdiction.
[Ord. 8285, passed 3-14-2019]
(a) Any Retail Food Establishment found operating without a License shall allow an inspection without delay. Refusal of inspection shall be considered a separate violation and subject to Penalty under Section
337.99.
(b) Any Retail Food Establishment found operating without a License shall cease all operations immediately upon order of the Health Officer. To not immediately cease operations shall be considered a separate violation and subject to Penalty under Section
337.99. The establishment shall be posted as in Section
337.05(e).
(c) To operate a Retail Food Establishment without a License violates this ordinance and 7 Code PA Chapter 46 and is subject to Penalty under Section
337.99.
[Ord. 8285, passed 3-14-2019]
Adoption of 7 PA Code Chapter 46. The provisions, terms, procedures,
appendices, and standards in 7 PA Code Chapter 46 with the exception
of Section 46.1141 License Requirements are adopted to the extent
they do not conflict with the requirements of this ordinance.
[Ord. 8285, passed 3-14-2019]
(a) All Mobile Food Vendors must be identified by displaying the Name,
City, and State of the Business or Licensee in at least three inch
letters in a non-conspicuous place. If the sales are from a vehicle,
this must be displayed on both sides of the vehicle.
(b) All Mobile Food Vendors must operate in accordance of Ordinance 329
Peddlers and Soliciting License at all times or the License issued
under Ordinance 337 will be revoked immediately.
(c) All Mobile Food Vendor Licenses are issued to a single trailer, tent
or vehicle or any other structure at a single location and are not
transferable to any other trailer, tent or vehicle or any other structure
or any other location.
[Ord. 8285, passed 3-14-2019]
(a) All Food Delivery Services must operate in a manner to prevent food
borne illness. Special consideration to possible contamination of
the food products, the proper time and temperature controls for the
food products, and that the food products are delivered unadulterated.
(b) All Food Delivery Services must operate in accordance of Ordinance
329 Peddlers and Soliciting License at all times or the License issued
under Ordinance 337 will be revoked immediately.
(c) One Food Delivery Service License is required for each Retail Food
Establishment that is delivering food products in the City and can
be photocopied, or a picture of the License stored in a phone or other
device for presentation to the Health Officer upon request.
(d) Food Delivery Service vehicles must be identified with the company
name or logo on them while making deliveries in the City.
(e) A Vehicle delivering food to a consumer in the City is subject to
inspection to identify any risks that could lead to food borne illness.
Refusal of an inspection would suspend or revoke the license of the
establishment at the discretion of the Health Officer.
(f) The time the food order was completed and the time the order left
a Licensed Retail Food Facility is required to be documented and produced
upon request of the Health Officer.
(g) At the discretion of the Health Officer, violations of this ordinance
may be cited against the person delivering the food, the Retail Food
Establishment, or both parties based on the nature and severity of
the violation.
[Ord. 8106, passed 8-28-2014; Ord. 8285, passed 3-14-2019]
(a) All complaints involving any health related issue will be filed at
the discretion of the Health Officer either over the phone or by filling
out a Health Complaint Form in its entirety.
(b) All complainants will remain anonymous to all others except to the
Health Officer and the Board of Health. All complainants must disclose
their identity to the Health Officer.
(c) At the discretion of the Health Officer a complaint may be considered
in any format if the complaint warrants such action.
(d) Any person that provides false or misleading information to the Health
Officer or the Board of Health relative to any Health Issue may be
found in violation of this Ordinance and subject to penalty under
337.99.
[Ord. 7948, passed 12-23-2010]
This article shall become effective January 1, 2011.
[Ord. 7948, passed 12-23-2010; Ord. 8285, passed 3-14-2019]
Any proprietor who violates or fails to comply with any provision of this article shall be punished as provided in Section
101.99 of the Administrative Code. Each day's continuance of a violation of this article shall constitute a separate offense.