[Adopted as Article 1161 of the Codified Ordinances]
The following definitions shall apply in the interpretation and the enforcement of this article:
EMPLOYEE
Any person who handles food or drink during preparation or serving, who comes in contact with any eating or cooking utensils or who is employed in a room in which food or drink is prepared or served.
HAZARD
A biological, chemical, or physical property that may cause an unacceptable consumer health risk.
[Added 4-23-2019 by Ord. No. 05-2019]
HEALTH OFFICER
The Health Officer of the City or his authorized representative.
PERSON
An individual, firm, corporation, partnership or association.
RESTAURANT
Restaurant, coffee shop, cafeteria, short order cafe, diner, luncheonette, tavern, sandwich stand, soda fountain and all other eating or drinking establishments where food is sold, as well as kitchens or other places in which food or drink is prepared for sale elsewhere.
UTENSILS
Includes any kitchenware, tableware, glassware, cutlery, utensils, containers or other equipment with which food or drink comes in contact during storage, preparation or serving.
[Amended 4-27-2004 by Ord. No. 7-2004]
A. 
Permits.
(1) 
No person shall operate a restaurant in the City or a restaurant located outside the City, whose products are sold inside the City, who does not possess an unrevoked permit from the Board of Health of the City or its agent. Such permit shall be posted in a conspicuous place where the food is prepared and sold. Only persons who comply with the requirements of this article shall be entitled to receive and retain such a permit.
(2) 
Such a permit may be suspended by the Health Officer or revoked by the Board of Health upon the violation by the holder of any of the terms of this article. An opportunity for a hearing before the Board of Health shall be afforded a person whose permit has been suspended or revoked.
B. 
Food employee certification. All operators of restaurants within the City of Lancaster and restaurants outside the City of Lancaster, whose products are sold inside the City, shall comply with all applicable provisions of the Food Employee Certification Act, 3 Pa.C.S.A. § 6501 et seq., and the regulations promulgated pursuant thereto by the Pennsylvania Department of Agriculture, 7 Pa. Code § 76.1 et seq., as amended from time to time, including, but not limited to, employing a supervisory employee who has successfully completed a food employee certification approved training program or successor program. Any violation of the provisions of the Food Employee Certification Act or the related regulations shall constitute a violation hereunder.
C. 
Food Code. All operators of restaurants within the City of Lancaster and restaurants outside the City of Lancaster, whose products are sold inside the City, shall comply with all applicable provisions of the Food Code issued by the Pennsylvania Department of Agriculture, 7 Pa. Code § 46.1 et seq., as amended from time to time. Any violation of the provisions of the Food Code shall constitute a violation hereunder.
Samples of food, drink and other substances may be taken and examined by the Health Officer as often as may be necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn and forbid the sale of or cause to be removed or destroyed any food or drink which is unwholesome or adulterated.
[Amended 4-23-2019 by Ord. No. 05-2019]
A. 
At least once every 12 months the Health Officer shall inspect every restaurant licensed by the City.
B. 
The Health Officer shall prioritize, and conduct more frequent inspections of a restaurant based upon the Health Officer's assessment of a restaurant's history of compliance with this Code and the Commonwealth of Pennsylvania Food Code by evaluating:
(1) 
Past performance, for nonconformance with the City Code and the Commonwealth of Pennsylvania Food Code;
(2) 
Past performance, for numerous or repeat violations of the City Code and the Commonwealth of Pennsylvania Food Code;
(3) 
Past performance, for complaints investigated and found to be valid;
(4) 
The hazards associated with the particular foods that are prepared, stored, or served;
(5) 
The type of operation, including the methods and extent of food storage, preparation, and service; and
(6) 
The number of people served.
C. 
In the event the Health Officer discovers the violation of any item of sanitation, the Health Officer shall make a second inspection after a lapse of such time as they deem necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this article. Any violation of the same item of this article on such second inspection shall call for immediate suspension of the restaurant license.
All restaurants shall comply with the following items of sanitation:
A. 
Floors. The floors of all rooms in which food or drink is stored or prepared 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. The floors of all rooms in which food is served shall be kept clean and in good repair.
B. 
Walls and ceilings. Walls and ceilings of all rooms shall be kept clean and in good repair. All walls and ceilings of rooms in which food or drink is stored or prepared shall be finished in a material of light color which will not conceal the presence of dirt. The walls of all rooms in which food or drink is prepared or utensils are washed shall have a smooth, washable surface up to the level reached by splash or spray.
C. 
Doors and windows. When flies are prevalent, all openings into the outer air shall be effectively screened and doors shall be self-closing, unless other effective means are provided to prevent the entrance of flies.
D. 
Lighting. All rooms in which food or drink is stored or prepared or in which utensils are washed shall be well lighted.
E. 
Ventilation. All rooms in which food or drink is stored, prepared or served or in which utensils are washed shall be well ventilated.
F. 
Employees' toilet and lavatory facilities. Every restaurant shall be provided with adequate and conveniently located toilet facilities for its employees. In restaurants hereafter constructed, toilet rooms shall not open directly into any room in which food, drink or utensils are handled or stored. The doors of all toilet rooms shall be self-closing. Toilet rooms shall be kept in a clean condition, in good repair and well lighted and ventilated. Adequate hand-washing facilities in or adjacent to the toilet rooms shall also be provided, including hot and cold running water, soap and approved sanitary towels. The use of a common towel is prohibited. No employee shall resume work after using the toilet room without first washing his hands.
G. 
Water. Running water under pressure shall be easily accessible to all rooms in which food is prepared or utensils are washed, and the water supply shall be adequate and of a safe, sanitary quality.
H. 
Cleaning and bacterial treatment of utensils and equipment.
(1) 
All equipment, including display cases or windows, counters, shelves, tables, refrigerators, stoves, hoods and sinks, shall be kept clean and in good repair. All cloths used by waiters, chefs and other employees shall be clean. Single-service containers shall be used only once.
(2) 
All multiuse eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multiuse utensils used in the preparation or serving of food and drink shall be thoroughly cleaned and effectively subjected to an approved bactericidal process immediately following the day's operation, excepting utensils which will be subjected to intense heat during further usage. Drying cloths may be used only in the drying of cooking utensils. Such cloths, if used, shall be clean and used for no other purpose.
(3) 
No article, polish or other substance containing any cyanide preparation or other poisonous material shall be used for the cleaning or polishing of utensils.
I. 
Storage and handling of utensils and equipment. Utensils shall be stored in a clean, dry place protected from flies, dust and other contamination and shall be handled in such a manner as to prevent contamination as far as practicable. Single-service utensils shall be purchased only in sanitary containers, shall be stored therein in a clean, dry place until used and shall be handled in a sanitary manner.
J. 
Disposal of wastes. All wastes shall be properly disposed of, and all garbage and trash shall be kept in a suitable receptacle, in such a manner as not to become a nuisance. All garbage receptacles shall be covered at all times.
K. 
Refrigeration. All readily perishable food and drink shall be kept at a proper temperature and in a proper manner to prevent spoilage.
L. 
Wholesomeness of food and drink. All food and drink shall be clean, wholesome, free from spoilage and so prepared as to be safe for human consumption.
M. 
Storage, display and serving of food and drink. All food and drink shall be so stored, displayed and served as to be protected from dust, flies, vermin, depredation and pollution by rodents, unnecessary handling, droplet infection, overhead leakage and other contamination. No animals or fowls shall be kept or allowed in any room in which food or drink is prepared, stored or consumed. All means necessary for the elimination of flies, roaches and rodents shall be used.
N. 
Cleanliness of employees. All employees shall wear clean outer garments and shall keep their hands clean at all times while engaged in handling food, drink, utensils or equipment. Employees who handle food shall wear hair nets or some other acceptable hair restraint. Employees shall not expectorate or use tobacco in any form in the area in which food is prepared.
O. 
Miscellaneous rules. The premises of all restaurants shall be kept clean and free of litter and rubbish. None of the operations connected with a restaurant shall be conducted in any room used as a living or sleeping quarters. Adequate lockers or dressing rooms shall be provided for employees' clothing and shall be kept clean. Soiled linens, coats and aprons shall be kept in containers provided for this purpose.
No person who is infected with any disease in a communicable form or who is a carrier of any disease shall work in any restaurant, and no restaurant shall knowingly employ any such person suspected of being infected with any disease in a communicable form or of being a carrier of such disease.
The Board of Health may make all necessary regulations for clarifying and enforcing this article, which are not inconsistent with the provisions contained herein. The Board shall be guided by the provisions contained in the United States Public Health Service Code regulating eating and drinking establishments.
[Amended 12-11-2001 by Ord. No. 13-2001]
The proprietors of all public eating and drinking places in the City shall pay to the City annually a license fee for the purpose of defraying the cost of inspections. The annual license period shall be from January 1 to December 31 of each year.
A. 
License fees shall be determined by the following schedule:
Number of Employees
Fee
1 or 2
$30
3 to 5
$60
6 to 10
$90
11 to 15
$120
16 to 20
$150
Over 20
$6 each
B. 
Any person or establishment desiring to sell any type of food or drink in the City at an establishment which is not permanent shall be required to obtain a temporary food sales permit in the amount of $60. This permit shall be for a period of time not to exceed three days.
A. 
Swab tests to determine bacterial sanitation of all public eating and drinking establishments shall be made at least twice a year. Additional tests may be done at the direction of the Health Officer.
B. 
Any second swab of any item because the bacterial count was in excess of 100 per milliliter shall be done at the cost of $8 per swab. The license holder shall pay this expense.
[Amended 12-11-2001 by Ord. No. 13-2001]
C. 
Any further testing to determine compliance with ordinance requirements shall be done at the Health Officer's direction. The license holder shall pay cost of $30 per swab for third and subsequent tests.
[Amended 12-11-2001 by Ord. No. 13-2001]
D. 
Analysis of highly perishable foods shall be done at the direction of the Health Officer. The license holder shall pay a cost of $10 for each first analysis of any food sample.
[Amended 12-11-2001 by Ord. No. 13-2001]
E. 
Any subsequent testing because of high bacterial counts shall be done at a cost of $20 per sample to be paid by the license holder.
[Amended 12-11-2001 by Ord. No. 13-2001]
F. 
Violation of any provision of this section shall subject the license holder to the provisions of § 240-10.
A. 
Any person violating § 240-8 shall, upon conviction, be fined not less than $50 and not more than $300, plus the costs of prosecution, for the first offense and not less than $200 and not more than $1,000, plus costs of prosecution, for all succeeding offenses.
B. 
Any person violating any other provision of this article or regulations clarifying this article made by the Board of Health shall, upon conviction, be fined not less than $100 and not more than $500 and the costs of prosecution for the first offense and not less than $300 and not more than $1,000 and the costs of prosecution for all succeeding offenses.