[Amended 5-6-2002 by Ord. No. 955; 5-17-2012 by Ord. No. 1092; 6-18-2025 by Ord. No. 1174]
As used in this chapter, the following terms shall have meanings indicated.
CATERING BUSINESS
Any individual or business entity who packages, stores or serves food or drink to a designated party under a private agreement.
COURTHOUSE MOBILE FOOD VENDOR DISTRICT
The area of Borough right-of-way located on the north side Front Street between Orange Street and Olive Street.
DEPARTMENT
The Pennsylvania Department of Agriculture.
FOOD
An article used for food or drink by humans, including chewing gum and articles used for components of any article. The term does not include medicines and drugs.
FOOD ESTABLISHMENT
A room, building or place or portion thereof or a vehicle maintained, used or operated for the purpose of commercially storing, packaging, making, cooking, mixing, processing, bottling, baking, canning, freezing, packing or otherwise preparing, transporting or handling food. The term excludes retail food facilities, retail food establishments, public eating and drinking places and those portions of establishments operating exclusively under milk or milk products permits.
GARBAGE
All putrescible wastes, except sewage and body waste, including animal and vegetable offal.
LICENSE
A grant to a proprietor to operate a retail food facility.
LICENSOR
The Board of Health of the Borough of Media[1] or the Pennsylvania Department of Agriculture.
MOBILE FOOD VENDOR
A self-contained food service operation, either located in a readily movable non-motorized vehicle with wheels capable of being towed away by a motorized vehicle, or a motorized vehicle designed for the preparation, display, and service of food and beverages to patrons.
PROPRIETOR
A person, partnership, association or corporation conducting or operating a retail food facility within this commonwealth.
PUBLIC EATING AND DRINKING PLACE
A place within this commonwealth where food or drink is served to or provided for the public, with or without charge. The term does not include dining cars operated by a railroad company in interstate commerce or a bed-and-breakfast homestead or inn.
RETAIL FOOD ESTABLISHMENT
An establishment which stores, prepares, packages, vends, offers for sale or otherwise provides food for human consumption and which relinquishes possession of food to a consumer, directly or indirectly, through a delivery service such as home delivery of grocery orders or a delivery service provided by common carriers. The term does not include dining cars operated by a railroad company in interstate commerce or a bed-and-breakfast homestead or inn.
SEASONAL OUTDOOR CAFE DINING
Any and all retail food-handling establishment(s) may obtain a permit from Media Borough for the limited calendar time period of May 1 through and including September 30 for the time period of 8:00 a.m. until 11:00 p.m. for outdoor dining on a sidewalk that is contiguous to the property lines of the establishment. Umbrellas for the purpose of shielding patrons from weather and such elements may be affixed to outdoor tables in a manner which prevents the umbrellas and/or tables and/or chairs from tipping. Umbrellas shall not contain any written advertisements for the food establishment(s) or vendor(s). Umbrellas shall not exceed the dimensions of the tables if vertical lines are drawn upward to where an umbrella would span, nor can the umbrellas in height impede pedestrians' headroom. Temporary barricades, as approved by the Code Enforcement Officer, shall be placed at the edge of the usable sidewalk area for the food establishment in order to delineate the usable space for the food establishment and the usable walk area. Such barricades shall be in place during the hours of use. The location of outdoor dining may not use driveways or areas that are used for off-street parking.
TEMPORARY PUBLIC EATING OR DRINKING PLACE
Any public eating or drinking place which operates at any location for a temporary period of time not to exceed more than 14 consecutive calendar days, regardless of whether the establishment operates continuously during this time, in connection with a fair, carnival, circus, public exhibition or similar transitory gathering.
WHOLESALE FOOD ESTABLISHMENT
Any place, whether temporary or permanent, stationary or mobile, where food or drink is packaged, stored, sold or offered for sale at wholesale or for resale by a retailer.
[1]
Editor's Note: The Board of Health of the Borough of Media was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent any duties performed by the Board of Health are not assumed by the County Department of Health, such duties shall be assumed by the Borough Health Officer or the Borough Code Enforcement Officer or his or her designee."
This chapter is to provide regulations for the sanitary treatment and serving of food and drink in the various food establishments in the Borough of Media.
[Amended 5-17-2012 by Ord. No. 1092]
The provisions of Commonwealth of Pennsylvania Department of Agriculture Title 7, Chapter 46,[1] and Chapters 57 and 65, codified at 3 Pa.C.S.A,[2] as may be amended from time to time, are hereby adopted and incorporated into this section as if fully set out herein. No proprietor shall operate or conduct a food establishment within this Borough except in compliance with the Rules and Regulations of the Commonwealth of Pennsylvania Departments of Health and Agriculture pertaining to food establishments.
[1]
Editor's Note: See 7 Pa. Code § 46.1 et seq.
[2]
Editor's Note: See 3 Pa.C.S.A. §§ 5701 et seq. and 6501 et seq.
A. 
Proprietors shall not operate a food establishment or conduct any food service within the Borough of Media except in compliance with this chapter.
B. 
No person or entity shall operate a food establishment or food service without first obtaining a license from the Media Board of Health[1] and paying an annual license fee at time of application.
[1]
Editor's Note: The Board of Health of the Borough of Media was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent any duties performed by the Board of Health are not assumed by the County Department of Health, such duties shall be assumed by the Borough Health Officer or the Borough Code Enforcement Officer or his or her designee."
C. 
Licenses are nontransferable. All licenses must be posted in a conspicuous location upon the subject premises.
D. 
A proprietor in possession of a valid license to operate a food establishment who fails to comply with this chapter may have the license either revoked or suspended by the Media Health Officer or agent during the license period, and/or may be subject to fine(s).
A. 
All licenses must be renewed annually and will expire on August 31. A common annual renewal date of September 1 is established for all food establishments. An application for license must be filed by August 1 or 30 days prior to start of operations. An application received after the annual common renewal date will be subject to a late fee. Failure to renew license by November 1 will subject license holder to revocation of license and/or fines.
B. 
Application for a license to operate a food establishment shall be on forms provided by the Media Board of Health which shall set forth the name, residence, business address and telephone number(s) of the applicant, the name of the person(s) operating the establishment, the square foot floor area and any additional information, which the Board of Health may require to enable it to determine whether the provisions of this Health Code are being complied with.
C. 
An applicant for a license must be at least 18 years of age and be the owner of record or an officer of the business entity.
A. 
Establishments licensed by the Media Board of Health shall be inspected at least once in every six-month period. All licensed establishments shall stand ready for inspection at all times.
B. 
All licensed establishments will be rated and inspection schedules will be based upon the eatery ratings:
"A" - Semiannual Inspection (Grade of "A").
"B" - Semiannual Inspection (Grade of "B").
"C" - Quarterly Inspection (Grade of "C").
"D" - Monthly Inspection. Food menu may be restricted (Grade of "D").
"F" - Will not be allowed to operate until facility operation has been brought up to the standard of at least a "C" grade. (Grade of "F").
An inspection rating will be upgraded after three successive inspections showing an improvement in scored rating and/or other criteria that is established for the proposed upgrade rating. Food establishments will be graded as follows:
A = Excellent Rating
____
Meets or exceeds the Health Standards established for the State of Pennsylvania and the Borough of Media.
____
Has no inspection deficiency.
____
Has a written employee training protocol which is available for inspection and keeps documentation of staff training.
____
Has written HAACP flow for all food items served.
____
Has a certified food manager on the staff who is exclusive to that food serving facility.
B = Good Rating
____
Meets or exceeds the Health Standards for the State of Pennsylvania and the Borough of Media.
____
Has no inspection deficiency.
____
Provides ad hoc training for employees in food handling, food processing and sanitation.
____
Monitors basic temperature/time activities and related appliances.
C = Satisfactory Rating
____
Meets the Health Standards for the State of Pennsylvania and the Borough of Media.
____
Has no critical inspection item deficiency.
____
Has no more than 30 noncritical inspection points.
____
Minimal training provided to employees in food handling and processing and sanitation.
D = Unsatisfactory Rating
____
Has deficiencies in meeting the Health Standards established for the State of Pennsylvania and the Borough of Media of more than 30 noncritical inspection deficiency item points, and/or 10 or more critical inspection deficiency item points.
____
Food (menu) items allowed to be served will be restricted.
F = Not Allowed to Operate
____
Does not meet minimal Health Standards established for the State of Pennsylvania and the Borough of Media.
____
Will not be licensed or license will be revoked and operation/establishment will be closed and not allowed to serve food or food products.
Every person employed or permitted to work for any person or persons, association or corporation operating or conducting any hotel, food vendor business, catering business or other public eating or drinking place in the Borough of Media, including the proprietor or any member of his family assisting in such enterprise, shall be subject to the rules and regulations referenced in § 173-3.
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 Media Borough Health Officer or agent of Borough for examination as often as may be deemed necessary for the detection of an 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 Media Borough Health Officer or agent of Borough if, in its judgment, 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 Media Borough Health Officer or agent of Borough for such reasonable period of time as may be required to make investigations 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 of the Media Borough Health Officer or agent of Borough.
A. 
Whenever the proprietor of a food establishment shall fail to keep his food establishment in a sanitary condition or whenever food or drink or the sale of the same is likely to cause or transmit disease, the Media Borough Health Officer or agent of Borough, upon proper notification, shall order closed such food establishment 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 proprietor of the food establishment, when so ordered, shall immediately comply with and obey such order and shall not conduct further operations until permission has been granted by the Media Borough Health Officer or agent of Borough.
B. 
Failure of the proprietor to comply with the order of the Media Borough Health Officer or agent of Borough shall result in an order to close and padlock said premises until he shall have complied with the order of the Media Borough Health Officer or agent of Borough.
License and inspection fees will be based upon the actual costs to the Borough for administering inspections. A formal Inspection Fee Schedule will be promulgated, from time to time, by the Board of Health[1] and ratified by ordinance or resolution of Borough Council.
[1]
Editor's Note: The Board of Health of the Borough of Media was dissolved 12-15-2022 by Ord. No. 1157. It stated "To the extent any duties performed by the Board of Health are not assumed by the County Department of Health, such duties shall be assumed by the Borough Health Officer or the Borough Code Enforcement Officer or his or her designee."
Wherever a food-handling establishment maintains garbage in containers, including, but not limited to, trash cans and dumpsters, on any Borough sidewalk, such sidewalk area shall at least twice annually, in the months of May and October, be machine-cleaned to the satisfaction of the Media Board of Health (or the Media Borough Code Enforcement Officer acting officially therefor). The full cost of such cleaning shall be borne by the licensee; the Borough may, at its option:
A. 
Conduct such cleaning and bill the licensee; or
B. 
Notify licensee to obtain their own appropriate cleaning services.