[Ord. No. 1-2022, 3/28/2022]
1. 
As used in this article, the following terms shall have the meanings indicated:
BOARD OF HEALTH
The Board of Health of Thornbury Township, Delaware County, Pennsylvania.
EMPLOYEE
Any person employed by or receiving compensation in exchange for services provided to a licensee, including, without limitation, any person who handles food or drink during its preparation or serving or comes in contact with any eating or cooking utensils or provides services in a room in which food or drink is prepared or served. This shall include the licensee or any member of the licensee's family.
ITINERANT PUBLIC EATING AND DRINKING PLACE
One operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
LICENSE
The permission granted, by the Health Officer, to a licensee to conduct a public eating and drinking place.
LICENSEE
Any person, partnership, association, corporation or other entity who is the holder of a license for the purpose of conducting or operating within the limits of the Township a public eating or drinking place.
NEW ESTABLISHMENT
Any place which has been newly constructed and/or in which a change of ownership has taken place.
PUBLIC EATING AND DRINKING PLACE
Restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, tavern, sandwich stand, soda fountain, private club, hospital kitchen, dining room or snack bar, industrial kitchen, dining room, cafeteria or snack bar, school lunchroom or cafeteria or any other place where food, drinks or refreshments are served, sold or prepared and sold or given away, to be consumed on the premises; provided, however, that this definition shall not be interpreted to include boardinghouses or private homes.
[Ord. No. 1-2022, 3/28/2022]
1. 
It shall be unlawful for any person to operate a public eating and drinking place in the Township who does not possess a license from the Board of Health. Licenses shall be granted for a period of one year or portion thereof. Said year shall commence when the license is issued and shall be valid until the last day of the month issued one year later. Such license shall be conspicuously displayed at all times in the place thereby licensed and shall not be transferable. Application for renewal of a license shall be made at least 30 days before the expiration of the existing license. Licenses may be suspended or revoked for violations by the licensee of these rules and regulations. No license shall be suspended or revoked without the licensee being given a hearing before the Board of Health. A late fee computed at 10% of the license fee shall be assessed for each month, or part thereof, that the license fee is paid more than 30 days after the due date.
2. 
Computation of License Fee.
A. 
The Health Officer or any proper authorities of the Board of Health shall make periodic inspections of any premises licensed for public eating and drinking places within the Township. The licensee shall be required to pay a fee for such license as set from time to time by resolution of the Board of Supervisors, based upon the square footage of the establishment as follows:
Floor Area
(square feet)
Under 1,000
1,001 to 1,500
1,501 to 2,500
2,501 to 5,000
5,001 to 7,500
7,501 to 10,000
10,001 to 15,000
15,001 and over
B. 
A snack bar, which is a counter area in an enclosed facility where food, drinks and/or refreshments are served or sold and to be consumed on the premises, which are primarily intended for recreational or entertainment purposes, other than a public eating or drinking place, shall have its square footage of floor area computed based upon the snack bar service area and restroom facilities only.
C. 
The licensee for an itinerant public eating and drinking place shall be considered to be the entity hosting the event and shall pay a fee for the license valid for one year from the issue date, as set forth from time to time by resolution of the Board of Supervisors, based upon the number of food vendors operating at an event, with one fee for the first vendor and another fee for each additional vendor.
[Ord. No. 1-2022, 3/28/2022]
1. 
No licensee shall hereafter keep in active food handling or other public service any employee known to be afflicted with a disease in a communicable form. No licensee or manager of any establishment covered in this chapter shall permit such employee to actively continue in such capacity if such licensee or manager has valid reason to suspect that such person is afflicted with a disease in a communicable form which may endanger the public.
2. 
The Health Officer shall have full power and authority at any time to require examinations and tests as may be necessary to determine whether any employee of a licensee has a disease in a communicable form or is a carrier of a communicable disease. It shall be the duty of all employees to submit to such examinations at the request of the Health Officer, and any employee who shall refuse to submit to such examination shall not be continue as employee in any public eating and drinking place in the Township, until such employee can demonstrate to the satisfaction of the Health Officer that there is no danger to the public from continued employment or service.
3. 
Disease Control. No person who is infected with any disease in a communicable form or is a carrier of such disease shall work in a public eating or drinking place, and the licensee of each place shall not employ any such person or persons suspected of being infected with any disease in a communicable form or being a carrier of such disease. If the licensee suspects that any employee has contracted any such disease in a communicable form or has become a carrier of such disease, he shall notify, in writing, the Health Officer immediately.
4. 
Procedure When Infection is Suspected. Where there is reasonable ground for the Health Officer to suspect that there is transmission of an infectious disease from any of a public eating or drinking place to the public, the Health Officer is authorized to require the licensee of the said eating and drinking place to forthwith carry out any or all of the following measures:
A. 
The immediate exclusion of the employee from the said public eating and drinking place.
B. 
The immediate closing of the public eating or drinking place until the danger of disease outbreak ceases to exist.
C. 
Adequate medical examinations of the employee and of his associates, including appropriate laboratory examination.
D. 
Any other measures required by federal or state law.
5. 
Food Handlers. All employees handling food are required to obtain a food handler's certificate from the Health Officer within five days of employment. All employees who work five days in any one calendar month shall have a certificate.
[Ord. No. 1-2022, 3/28/2022]
1. 
Unless otherwise specifically exempt from the requirements of this section, no person shall undertake to remodel or alter any existing building or portion thereof which is being used or is proposed for use as a public eating and drinking place, or shall undertake to construct a new building which is to be used in whole or in part as a public eating and drinking place, without first having submitted plans thereof in duplicate to the Health Officer for approval. The requirements of this subsection shall be in addition to and not in lieu of any other applicable Township codes, rules and regulations requiring the submission of applications and plans and obtaining approvals and permits for the work contemplated.
2. 
Such plans shall be accompanied by data completely describing the public eating and drinking place or the addition or alteration proposed. If approved, one set of plans bearing such approval in writing shall be returned to the applicant. If not approved, the manner in which such plans do not meet the requirements of these rules and regulations shall be marked on both sets of plans, and one set of plans will be returned to the applicant.
3. 
The Health Officer shall be guided by the provisions of these rules and regulations affecting such construction, the proposed methods of receiving and distributing perishable food or drink and any applicable laws relating to the handling or processing of food or drink.
[Ord. No. 1-2022, 3/28/2022]
1. 
Floors. The floors of all rooms in which food or drink is prepared or stored or in which utensils are washed shall be of such construction as to be easily cleaned, shall be smooth and shall be kept clean and in good repair. In the case of all new establishments, the floors of all rooms in which food or drink is prepared or stored or in which utensils are washed shall be constructed of material impervious to water and shall be provided with a sanitary base and with adequate and sufficient drains to permit cleaning.
2. 
Walls and Ceilings. Walls and ceilings of all rooms in which food or drink is prepared, served or stored or utensils are washed or stored shall be kept clean and in a sanitary condition. The walls of all such rooms shall have a smooth washable surface up to the level exposed to soiling by splash or spray and shall be finished in a light color. No paper or oilcloth coverings are permitted on walls of kitchens and food preparation rooms. In the case of all new establishments, all rooms in which food or drink is prepared or served or in which utensils are washed shall have a clear ceiling height of not less than seven feet.
3. 
Construction of Kitchens. The rooms in which food is prepared shall be of adequate size and construction to permit easy cleansing and the unhampered performance of all kitchen operations.
4. 
Construction and Location of Utensils and Equipment.
A. 
All eating and cooking utensils and all showcases and display cases or windows, counters, shelves, tables, booths and refrigerating and other equipment shall be of a sanitary design and construction and so located as to be easily cleaned and shall be kept clean and in a sanitary condition. In new establishments or in establishments where new installations of equipment are made, all equipment used for the preparation, storing, handling or serving of food or drink shall be equivalent to or in excess of that specified in the National Sanitation Foundation standards. Such equipment shall be spaced away from walls and corners so as to permit access for cleaning. Thirty inches of working space shall be required between all units of new equipment unless such equipment is movable. A minimum of 30 inches of working space shall be provided between counters, back bars and worktables wherever located.
B. 
No cooking unit of any kind shall be permitted to be placed or located in any bay window. All new installations of equipment shall be elevated at least six inches from the floor on pear-shaped legs or sealed tight to the floor with a three-inch cove base or stainless steel removable kickplates. Where equipment with closed bottoms without air spaces is set on a masonry base, the top of the base shall be waterproofed with mastic.
C. 
Plates, cups, saucers, dishes, crockery or chinaware which are cracked, chipped or broken shall not be used to contain food or drink. All such cracked, chipped and broken plates, cups, saucers, dishes, crockery or chinaware will be destroyed and discarded at the time of inspection. Food-contact surfaces of equipment and utensils shall be smooth; shall be free of breaks, open seams, cracks, chips, pits and similar imperfections; shall be in good repair; and shall be easily cleaned.
D. 
In cases of all new construction, shelves shall be constructed at least two inches from the wall unless tightly stripped to eliminate cracks.
5. 
Doors and Windows. When flies are prevalent, all openings into the outer air shall be effectively screened (April 1 to December 1) with not less than sixteen-mesh wire. Doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies. All screen doors shall open outward. Doors and windows shall be kept clean, inside and out. The presence of flies or flying insects shall be presumptive evidence of failure to comply with this section.
6. 
Lighting. All rooms in which food or drink is prepared or in which utensils are washed shall be well-lighted, with adequate natural or artificial lighting sufficient to produce an intensity of not less than 15 footcandles at 30 inches from the floor. In rooms where food is stored, lighting shall be provided sufficient to produce an intensity of not less than five footcandles at 30 inches from the floor.
7. 
Ventilation. All rooms in which food or drink is prepared or served or in which utensils are washed shall be well ventilated. There shall be openings to the outer air at least equal to 5% of the floor area. In the case of artificial ventilation where food is prepared, facilities must be provided for at least eight air changes per hour. In no case shall recirculation of air be permitted. All rooms in which food or drink is served shall be provided with at least five air changes per hour, and not more than 50% recirculation shall be permitted. All cooking units shall be hooded and vented to the outside air by forced draft; provided, however, that the latter requirement shall not apply to a simple bread toaster and to a coffee urn. When cooking units are vented to the outside air, the vents shall be carried above the highest window of this or adjacent buildings. All ventilation systems shall be maintained in a clean and sanitary condition.
[Ord. No. 1-2022, 3/28/2022]
1. 
In all new establishments or establishments where alterations are made, toilet facilities as required by the Thornbury Township Building Code shall be provided.
2. 
Toilet rooms shall not open directly into any room in which food or drink is prepared or handled. No entrance to a toilet room shall lead through living quarters or through an area where food or drink is stored, prepared or handled. An intervening vestibule of at least three by three feet shall be provided. The doors of all toilet rooms and vestibules shall be self-closing.
3. 
Toilet rooms shall be kept clean, in good repair, well-lighted and properly ventilated by exterior windows or mechanical means. The walls and ceilings shall be of a smooth washable surface and shall be finished in a light color.
4. 
Hand-washing facilities with automatic running hot and cold water, sanitary towels and soap shall be in or adjacent to the toilet room. The use of the common towel is prohibited. Hand-washing signs shall be posted in each toilet room used by food handlers. No employee shall return to work after using the toilet without first washing hands.
5. 
In all new establishments or establishments where alterations are made, the floors of the toilet rooms shall be constructed of a material and joints impervious to water and shall be provided with a sanitary base.
[Ord. No. 1-2022, 3/28/2022]
All kitchen, stands and counters where food is prepared shall be equipped with or have adjacent thereto separate hand-washing facilities for the washing and cleansing of the hands, equipped with automatic running hot and cold water, soap and sanitary towels.
[Ord. No. 1-2022, 3/28/2022]
Automatic running hot and cold water under pressure of not less than 15 pounds per square inch shall be easily accessible to all rooms in which food is prepared or utensils are washed and shall be adequate and of a safe, sanitary quality.
[Ord. No. 1-2022, 3/28/2022]
1. 
In all public eating and drinking places where dish or utensil washing is done by other than mechanical means, no less than three compartment sinks shall be provided and equipped with running hot and cold water.
A. 
Procedure.
(1) 
Wash (water 110° F. to 130° F.).
(2) 
Rinse (warm water).
(3) 
Sanitize (water 180° F. for two minutes).
B. 
Alternative.
(1) 
Wash (water 110° F. to 130° F.).
(2) 
Rinse (warm water).
(3) 
Sanitize with a chemical such as hypochlorite compounds or chlorine-containing compounds of equal efficiency at a minimum concentration of 100 parts per million for at least 30 seconds; quaternary ammonium compounds at a minimum concentration of 200 parts per million for at least 30 seconds; or iodoform compounds at a minimum concentration of 12.5 parts per million for at least 30 seconds.
2. 
There shall be a drainboard of a material impervious to moisture affixed to each end of the unit. In new establishments or establishments where alterations are made, each compartment of the sink shall be of a size not less than 16 inches square by 14 inches deep. Each compartment for sinks in soda fountains and bars shall be no less than 12 inches square by 10 inches deep. Mechanical dishwashing machines shall be equipped to provide a minimum water temperature in the machine of at least 180° F. Mechanical dishwashers shall be equipped with two thermometers for indicating the wash and sterilizing temperatures. Prerinse or presoak facilities shall be provided for either mechanical or manual dishwashing.
3. 
Cleaning and Bactericidal Treatment of Utensils and Equipment. All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods or sinks, shall be kept clean and free from dust, dirt, insects and other sources of contamination. All clothes used by waiters, chefs and other employees shall be kept clean. All eating and drinking utensils shall be thoroughly cleaned and subjected to an approved bactericidal process after each use and at the time of service to the public be thoroughly clean and sterilized. All multiuse containers and utensils used in the preparation, cooking and serving of food and drink shall be thoroughly cleansed and subject to an approved bactericidal process immediately following the day's operation. Towel drying is not permitted.
4. 
Storage and Handling of Utensils and Equipment. After cleansing and sterilizing, all utensils and equipment must be stored above the level of the floor in a clean, dry place, protected from flies, dust or other contamination, and no utensils shall be handled except in such manner as to prevent contamination. Single-service utensils shall be purchased only in sanitary containers and shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner. Kitchens shall be used only for cooking and the storage of food products and kitchen, cooking or eating utensils and equipment in use.
[Ord. No. 1-2022, 3/28/2022]
All liquid waste resulting from the cleansing and rinsing of utensils and floors and from flush toilets and lavatories must be disposed of in a public sewer or, in the absence of a public sewer, by methods approved by provisions of the Thornbury Township Construction Code (see Chapter 5, Article 2, of the Code of the Township of Thornbury, as amended). All garbage must be stored in nonleaking metal containers with tight-fitting lids or in an approved garbage storage room, and all waste material must be kept free of garbage and stored in nonleaking metal containers with tight-fitting lids or in an approved waste material storage room and be covered at all times. Garbage and other waste materials must be removed from the premises as often as necessary to prevent a nuisance and shall be disposed of in a manner to be approved by the Health Officer. All garbage and waste receptacles must be washed when emptied and treated with a disinfectant if necessary to prevent a nuisance. Adequate can washing facilities shall be provided.
[Ord. No. 1-2022, 3/28/2022]
All readily perishable food or drink shall be kept at temperatures lower than 40° F., except when being prepared or served. All refrigerators must be equipped with an indicating thermometer accurate to plus and minus 2° F., located in the warmest part of the facility in which food is stored and of such type and so situated that the thermometer can easily and readily be observed for reading and maintained in a clean and sanitary condition. Wastewater from refrigeration equipment shall be disposed of in accordance with the Thornbury Township Construction Code (see Chapter 5, Article 2, of the Code of the Township of Thornbury, as amended).
[Ord. No. 1-2022, 3/28/2022]
1. 
All food and drink shall be wholesome and free from spoilage and contamination. All milk, ice cream and other frozen dairy products shall be from sources approved by the Board of Health. Milk must be served in or from the half-pint container in which it was received from the distributor or by other methods approved by the Board of Health. This requirement shall not apply to cream, which may be served from the original bottle or from a dispenser approved by the Board of Health.
2. 
In the case of milk drinks, the milk used shall include the entire contents of the original container. No part or parts of any food previously served to the customer can again be served in any form to other customers. This requirement includes the remaining portions of crackers, cream, bread, slaw, unused salads, butter, jellies and all other foods which are not served in tightly covered dispensers or any parts of other foods that have been served as a part of a meal and with which there has been possible human contact.
3. 
No cream puffs, eclairs, Napoleons, cream pies, cream-filled layer cakes and similar products containing custard or whipped cream shall be sold or stored unless kept in a storage compartment the maximum temperature of which is not greater than 40° F.
4. 
All oysters, clams and mussels shall be from approved sources. The shells of shellfish used for service cannot be reused.
5. 
All ice shall be from an approved source and must meet the standards as set forth in Article 5 of these rules and regulations.
[Ord. No. 1-2022, 3/28/2022]
All food and drink shall be stored, handled, cooked, processed, prepared, displayed or dispensed as provided under Article 2, § 12-206, hereof. Sugar served in all public eating and drinking places shall be dispensed from containers which provide protection against dirt, dust, other contamination and human handling at all times, except in the case of lump or packaged sugar which is individually wrapped. Unwrapped or otherwise unprotected displayed food which is subject to contamination through public handling, coughing or sneezing shall be protected by means of glass or similar partitions or through other approved means.
[Ord. No. 1-2022, 3/28/2022]
All food handlers shall wear clean garments and shall keep their hands and fingernails clean at all times when engaged in the handling of food, drink, utensils or equipment. Employees shall wear hair nets or caps while engaged in the preparation of food. All food handlers who in any manner come in contact with or handle food shall, before beginning work, thoroughly wash their hands with soap and water. No employee shall use tobacco in any form while engaged in the preparation or handling of food and drink.
[Ord. No. 1-2022, 3/28/2022]
All persons engaged in the operation of any public eating and drinking place shall be required to take all necessary precautions to keep the premises free of rats and vermin. In the case of rat or vermin infestation, operators shall report such infestation to the Board of Health for the purpose of procuring proper advice and instructions in order to eliminate the nuisance. In the case of all new establishments, all rooms in which food or drink is prepared, stored or served shall be of a ratproof construction.
[Ord. No. 1-2022, 3/28/2022]
1. 
The premises of all public eating and drinking places shall be kept clean and free of litter or rubbish.
2. 
No sleeping facilities or domestic activities shall be permitted in any room which is part of, or which opens into, any room where food is prepared, stored or served or in which utensils are washed or stored.
3. 
Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean.
4. 
Soiled linens, coats and aprons shall be kept in verminproof containers provided for this purpose.
5. 
No public eating and drinking places shall be located in any cellar, basement or other place below the natural surface of the ground except with the written permission of the Board of Health.
6. 
Bulk ice cream cannot be dispensed unless running water is provided next to the cabinet containing the ice cream. The utensils used in dispensing bulk ice cream must be sterilized frequently, washed by running water after each usage, and kept dry when not in use.
7. 
No article, polish or other substance containing any cyanic preparation or other poisonous materials shall be used for the cleaning, disinfecting or polish of utensils or containers used in preparing or handling any food or drink.
8. 
No substance containing any cyanide, fluoride, lindane or other poison shall be kept or used as an insecticide or exterminator in any place where food or drink is exposed during sale, preparation, holding or handling or in such manner as to contaminate such food or drink.
9. 
Service dogs are permitted where a disability is obvious. Where a disability is not obvious, service dogs shall be limited to those which are required because of a disability and are trained to perform tasks that are directly related to the owner's disability. In the case of the latter, employees shall inquire 1) is the dog a service animal required because of a disability; and 2) what work or task has the dog been trained to perform, before allowing a service dog into the dining room, kitchen or storeroom of any public eating or drinking place.
10. 
Before a new establishment can begin operation, the proprietor shall contact the Health Officer and request an interview with the Health Officer to review the specifics of the proposed operation and its compliance with this article.
[Ord. No. 1-2022, 3/28/2022]
The Health Officer, in the performance of any duty imposed by this chapter, shall have full access to any place, container, conveyance or records used in the production, preparation, manufacture, packing, storage, transportation, handling, distribution or sale of any food. Without any prior notice, he shall be entitled to make an examination, open any package or container, examine records and take therefrom a sample for analysis of any food manufactured, sold, exposed for sale or found to be in possession of the licensee in violation of any provisions of these rules and regulations.
[Ord. No. 1-2022, 3/28/2022]
1. 
Every person who shall distribute or sell or offer for distribution or sale or have in his possession any food shall, on request and tender of the value by the Health Officer, deliver as much thereof to such representative as may be requested as a sample.
2. 
If such request is not immediately complied with, the Health Officer may demand and take as much of the food as it may think necessary, tendering to the person in charge what it deems to be its reasonable value.
3. 
At no time shall a licensee have in his possession, either for sale or not for sale, food or drink which is unfit and is likely to cause illness or transmit disease. When, in the opinion of the Health Officer, such food or drink exists, it shall be ordered denatured, removed and disposed of.
4. 
It shall be the duty of the licensee or person in charge of such substance to immediately remove and dispose of it at his own expense according to the direction of the Health Officer. In case the licensee or person in charge shall fail to immediately remove and dispose of such substance, as ordered, the same shall be caused to be denatured, removed and disposed of by the Health Officer at the expense of the licensee or person in charge.
[Ord. No. 1-2022, 3/28/2022]
Such samples of food, drink, ingredients, containers or any substance used in connection with the preparation of food or drink may be taken by the Health Officer for examination as often as may be deemed necessary for the detection of any impure or unsanitary condition. Any food, drink or any substance used in connection with the preparation of food or drink sold, offered for sale or kept may be condemned, removed or destroyed by or under the direction of the Health Officer if, in the judgment of such representative, such food, drink or substance is decomposed, contaminated, impure, unfit for human consumption or dangerous to the public health. Any such food, drink or other substance may be stopped from sale or use and placed under an embargo by the Health Officer for such reasonable period of time as may be required to make investigation or examination, if such may be necessary to determine that such food, drink or other substance is decomposed, impure, unfit for human consumption or dangerous to the public health. No such food, drink or other substance shall be used, removed, destroyed or otherwise disposed of while under such embargo except by or under the direction the Health Officer.
[Ord. No. 1-2022, 3/28/2022]
1. 
Whenever the licensee of a public eating and drinking place shall fail to keep his public eating and drinking place in a sanitary condition, or whenever food or drink or the sale of the same is likely to cause or transmit disease, the Board of Health, upon proper notification, shall order such public eating and drinking place closed until it shall have been put in a sanitary condition or until the food or drink or the sale of the same shall be no longer likely to cause any illness or transmit disease. The licensee of the public eating and drinking place, when so ordered, shall immediately comply with and obey such order and shall not conduct further operations until permission has been granted by the Board of Health.
2. 
Failure of the licensee to comply with the order of the Board of Health shall result in the Board of Health ordering the Health Officer to take necessary steps to close and padlock said premises until it shall have complied with the order of the Board of Health.