As used in this article, the following terms shall have the meanings indicated:
FOOD VENDOR
Any person who transports, distributes or sells to the public prepared foods or perishable food, of a kind deemed by the Board to be capable of causing human foodborne illness, from any truck, trailer, cart, bicycle or other vehicle or from any vending machine, container or other type of equipment.
PERISHABLE FOOD
Any food or beverage or ingredients, exclusive of milk and milk products, capable of supporting rapid and progressive growth of microorganisms which can cause food infections or food intoxication. However, products that are processed are excluded from the terms of this definition.
VENDING EQUIPMENT
Any self-service device offered for public use which, upon insertion of a coin or token, or by other means, dispenses unit servings of food or beverage, either in bulk or in package, without the necessity of replenishing the device between each vending operation.
A. 
Applications for licenses shall be on forms provided by the Board, which applications shall set forth the name, residence and business address of the applicant and the names of the persons operating the establishment or establishments from which the prepared or perishable food will be obtained.
B. 
Every food vendor shall, upon demand, furnish to the Board such additional information as the Board may require to enable it to determine whether the provisions of these rules and regulations are being complied with. Failure to furnish such information promptly or failure to secure written permission to inspect or reinspect sources of food supplied shall result in the refusal to issue or the revocation of the food vendor's license.
A. 
It shall be unlawful for any person to sell or distribute to the public prepared or perishable food from any food vending vehicle or from any vending equipment without obtaining a license from the Board of Health of Ridley Township. The fee for such a license shall be as set from time to time by resolution of the Board of Commissioners. 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 date of the existing license. 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.
[Amended 2-18-1981 by Ord. No. 1512; 10-25-2000 by Ord. No. 1808; 3-27-2002 by Ord. No. 1826]
B. 
A license will not be issued to any person until the Health Officer or any of the proper authorities has inspected and approved the establishment and equipment from which the food is to be obtained, and such licensee, manufacturer or producer shall pay a fee for such inspection in the amounts as set from time to time by resolution of the Board of Commissioners for the first vehicle and for each additional vehicle. In the case of food and beverage vending machines, the annual inspection fees shall be as set from time to time by resolution of the Board of Commissioners per location for the first two machines and for each additional machine. A sticker shall be affixed to the apparatus indicating that it has been licensed for the current year.
[Amended 2-18-1981 by Ord. No. 1512; 10-25 2000 by Ord. No. 1808]
C. 
Any such establishment shall be equipped and operated in compliance with the provisions of Article I of these rules and regulations or requirements of the Board now in effect or hereafter adopted. The license shall at all times be kept posted prominently in the food vending vehicle or on the equipment.
Licenses may be suspended or revoked for violation by the holder thereof of these rules and regulations. No license shall be suspended or revoked without a licensee being given a hearing before the Board of Health.
Article III of these rules and regulations shall not apply to:
A. 
The transportation and wholesale delivery of food or produce to retail food stores for the purpose of resale.
B. 
The transportation and delivery of food to public eating and drinking places duly licensed under Article I of these rules and regulations.
C. 
Any manufacturer or producer in the sale of meat and meat products and milk and milk products. Nothing contained in Article III of these rules and regulations shall, however, relieve any person engaged in the manufacture, distribution and sale of milk and milk products from complying with the Milk Code.
The Director of Health and/or the Health Officer shall be permitted to enter upon any private or public property in this Township where vending equipment is operating to inspect the servicing, maintenance and operation of such equipment for the purpose of determining compliance with the provisions of these rules and regulations. The operators of vending machines shall make provisions for the Director of Health and/or the Health Officer to have access to the interior of all vending machines operated by him.
A. 
No person who is affected with any disease in a communicable form or a carrier of such disease shall work as a food vendor, and no food vendor shall employ any such person or persons suspected of being affected with any disease in a communicable form or of being a carrier of such disease. If the proprietor suspects that any employee has contracted any such disease in a communicable form or has become a carrier of such disease, he shall notify the Township Director of Health and/or the Health Officer in writing immediately.
B. 
Procedure where infection is suspected. Where there is reasonable ground for the Director of Health and/or the Health Officer to suspect that there is transmission of an infectious disease from any employee to the public, the Director of Health and/or the Health Officer is authorized to require the proprietor to forthwith carry out any of the following measures:
(1) 
The immediate exclusion of the employee from their employment.
(2) 
The immediate closing of the vending equipment until the danger of disease outbreak ceases to exist.
(3) 
Adequate medical examination of the employee and of his associates, including appropriate laboratory examinations.
A. 
The floors, walls, ceiling, shelves, compartments and container holders in food vending machines shall be of such construction as to be readily cleaned and shall be kept clean and in good repair. Food vending vehicles shall be equipped to provide light of not less than 10 footcandles at the face of the shelf, display or storage space at such time as food shall be dispensed therefrom.
B. 
In establishments where new installation of vending equipment is made, such equipment shall be equivalent to or in excess of that specified by the National Sanitation Foundation standards.
C. 
Syphon breakers shall be installed on all water-supplied-vending equipment.
D. 
Refrigerating equipment of approved design shall be provided on any food vending vehicle or equipment from which perishable foods are dispensed.
E. 
Cold beverages, sandwiches and other perishable foods shall be kept under dry refrigeration at a temperature of 40° F. or lower.
A. 
There shall be no preparation of food on the vending vehicle. All food shall be prepared and wrapped in a licensed establishment complying with all of the provisions of Article I of these rules and regulations.
B. 
Food to be distributed by any food vendor shall be protected from insects and the elements. All food in the possession of a food vendor shall be packaged or wrapped and sealed in unbroken, individual containers and remain therein until received by the customer. Beverages shall be distributed in the original container or from an automatic vending machine of approved type designed to dispense the beverage in a single-service container from bulk. Water carried in food vending vehicles shall be clean and cold and shall conform to the provisions of Article IV of these rules and regulations.
A. 
Garbage and trash shall at all times be kept in metal containers with tight-fitting lids and disposed of at frequent intervals so as not to create a nuisance.
B. 
All plumbing connected with food vending equipment shall be installed in accordance with Chapter 216, Plumbing, of the Code of the Township of Ridley.