[Adopted as Article 1161 of the Codified Ordinances]
The following definitions shall apply in the
interpretation and the enforcement of this article:
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.
A biological, chemical, or physical property that may cause
an unacceptable consumer health risk.
[Added 4-23-2019 by Ord. No. 05-2019]
The Health Officer of the City or his authorized representative.
An individual, firm, corporation, partnership or association.
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.
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]
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.
