[Amended 8-11-1999 by Ord. No. 3710; 11-17-2004 by Ord. No. 4599]
As used in this article, the following terms shall have the meanings indicated:
- The condition of a food, if:
- A. It bears or contains any poisonous or deleterious substance in a quantity which may render it injurious to health;
- B. It bears or contains any added poisonous or deleterious substance for which no safe tolerance has been established by regulation or in excess of such tolerance if one has been established;
- C. It consists in whole or in part of any filthy, putrid or decomposed substance or if it is otherwise unfit for human consumption;
- D. It has been processed, prepared, packed or held under insanitary conditions, whereby it may have become contaminated with filth or whereby it may have been rendered injurious to health;
- E. It is in whole or in part the product of a diseased animal or an animal which has died otherwise than by slaughter; or
- F. Its container is composed in whole or in part of any poisonous or deleterious substance which may render the contents injurious to health.
- To temporarily prohibit the sale or distribution of food or drink, as designated.
- 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.
- PERISHABLE FOOD
- Any food of such type or in such condition as may spoil.
- POTENTIALLY HAZARDOUS FOOD
- Any perishable food which consists in whole or in part of milk or milk products, eggs, meat, poultry, fish, shellfish or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic microorganisms.
- Any person, partnership, association or corporation conducting or operating within the limits of the City a public eating or drinking 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, school lunchroom or cafeteria or any other place where food, drinks or refreshments are prepared for sale or for service on the premises and any other eating and drinking place where food is served or provided for the public with or without charge. However, this definition does not include private households.
[Amended 5-12-2004 by Ord. No. 4506]
All public eating and drinking places shall be subject to Chapter 46, Food Code Regulations, of Title 7, Department of Agriculture, of the Pennsylvania Code, as amended. No person shall operate or maintain any public eating or drinking establishment otherwise than in a clean and sanitary condition and so as to conform at all times to the requirements of this chapter. The person in charge of every food handler employed in any food establishment shall observe and comply with the provisions of this chapter and of all rules and regulations relating to the operation or maintenance of such food establishment hereafter adopted.
No person shall operate a public eating and drinking place or itinerant public eating and drinking place in the City without first obtaining a permit from the Board of Health and paying an annual inspection fee, as specified in Chapter 285, Fees.
Permits shall be granted for a period of one year from the date of issuance and shall be coterminous with the calendar year. Application for renewal of a permit shall be made at least two months before the expiration of the existing permit, except at least five days before in the case of an itinerant public eating and drinking place.
[Amended 12-28-1984 by Ord. No. 2793; 7-28-2004 by Ord. No. 4536]
The aforesaid permit and inspection fee shall be waived with respect to any public eating and drinking place/establishment whose need for the license exclusively relates to providing food at no cost to the needy.
[Amended 7-28-2004 by Ord. No. 4536]
Unless otherwise specifically exempted 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 triplicate to the Public Officer for approval. 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 and one set shall be forwarded to the Zoning Administrator. If not approved, the manner in which such plans do not meet the requirements of this chapter shall be marked on both sets of plans, and one set of plans will be returned to the applicant and one set shall be forwarded to the Zoning Administrator. The Public Officer shall be guided by the provisions of this chapter 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.
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 sanitary 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. The use of linoleum, rugs or similar loose floor coverings is prohibited in kitchens and food preparation rooms.
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 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 7 1/2 feet.
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.
Editor's Note: Former Section 1129.08, Construction and location of utensils and equipment; former Section 1129.09, Doors and windows; former Section 1129.10, Lighting; former Section 1129.11, Ventilation; former Section 1129.12, Toilet facilities; former Section 1129.13, Lavatory facilities; former Section 1129.14, Water supply; former Section 1129.15, Dish washing facilities; former Section 1129.16, Cleaning and bactericidal treatment of utensils and equipment; former Section 1129.17, Storage and handling of utensils and equipment, which previously followed this section, were repealed 11-17-2004 by Ord. No. 4599.
[Amended 8-11-1999 by Ord. No. 3710]
All liquid waste resulting from the cleansing and rinsing of utensils and floors from flush toilets and lavatories shall be disposed of in a public sanitary sewer. All plumbing shall comply with the provisions of the City Plumbing Code. All garbage shall be stored in nonleaking metal containers with tight-fitting lids or their equivalent in an approved garbage storage room and shall be covered at all times. All other waste materials shall be kept free from garbage and stored in nonleaking metal containers with tight-fitting lids or their equivalent in an approved waste material storage room and be covered at all times. All reusable garbage and waste material receptacles shall be washed when emptied and treated with a disinfectant, if necessary, to prevent a nuisance. Adequate can-washing facilities shall be provided.
Separation of refuse. Garbage, ashes and rubbish shall each be placed and maintained in separate containers.
Preparation of refuse.
All garbage, before being placed in garbage cans for collection, shall have drained from it all free liquids and must be wrapped in paper.
All cans and bottles which have contained food shall be thoroughly rinsed and drained before being deposited for collection.
Tree trimmings, hedge clippings and similar material shall be cut to lengths not to exceed four feet and securely tied in bundles not more than two feet thick before being deposited for collection. There shall not be more than six bundles in any one collection.
Garbage receptacles shall be made of metal, plastic or other durable materials, must be watertight, provided with a tight-fitting cover and with a handle or handles.
No person shall use for the reception of garbage any receptacle having the capacity of more than 20 gallons.
Cartons containing paper or combustible material shall be securely tied and shall not be larger than 18 inches by 20 inches by 48 inches.
Empty cans, bottles, glass, razor blades or any other noncombustible materials set out for collection must not be placed in the same container with garbage.
All garbage receptacles shall be kept as sanitary as possible in view of the use to which they are put, and shall be thoroughly cleaned by the occupant after garbage is removed by the collector.
Ash receptacles shall be of metal and have a capacity of not more than 20 gallons.
Rubbish receptacles shall be of a suitable kind which can be easily handled by one man.
Maintenance of receptacles.
All refuse receptacles shall be provided by the owner, tenant, lessee or occupant of the premises.
All refuse receptacles shall be maintained in good condition. Any receptacle that does not conform to the provisions of this article or that may have jagged or sharp edges or any other defect liable to hamper or injure the person collecting the contents thereof shall be promptly replaced upon notice. Failure to comply may result in refusal to collect or the removal of the defective receptacle as refuse.
Storing of refuse.
No person shall place any refuse in any street, alley or other public place or upon any private property, whether owned by such person or not, within the City unless it is in proper receptacles for collection or under an express approval granted by Council. No person shall throw or deposit any refuse in any stream or other body of water.
Any unauthorized and unreasonable accumulation of refuse on any premises is declared to be a nuisance and a violation of this article.
No person, other than the City, the occupant of the premises on which refuse receptacles are stored or a licensed private collector, shall remove the covers or any of the contents of refuse receptacles.
All refuse being stored on or near the exterior of any residence or business must be stored in appropriate refuse containers as defined in Subsection D hereof. Prior to the scheduled day of refuse collection, the refuse containers must be obscured from view from the street front of the property, and in the case of a corner dwelling, they shall be obscured from view from all street sides.
Points of collection. Refuse receptacles shall be placed for collection at the curb in the front, side or rear of the property, as determined by the Director of Public Works, and shall be so placed before 7:00 a.m. on the day of collection, but not earlier than 8:00 p.m. of the preceding day, and shall be removed promptly after collection.
Frequency of collection.
Refuse will be collected on such days as shall be designated by the Director of Public Works.
Hotels, restaurants and such other businesses and institutions as deem it necessary may negotiate arrangements for more frequent collection. Where necessary to protect the public health, the Director may require that more frequent collections be made.
Limitation on quantity.
It is the intent of this article that the reasonable accumulation of refuse of each family for the collection period will be collected for the standard charge. The Director of Public Works may refuse to collect unreasonable amounts or he may designate an additional charge for such amounts.
It is the intent of this article that restaurants, hotels, apartment houses and other businesses and institutions shall have their reasonable accumulation of refuse for the collection period collected at a fair charge based upon the average weight or volume. The Director may refuse to collect unreasonable amounts or he may designate an additional charge for such amounts.
Special refuse problems.
Contagious disease refuse. The removal of wearing apparel, bedding or other refuse from a home or other places where highly infectious or contagious diseases have prevailed shall be performed under the supervision and direction of the Chief Health Administrator. Such refuse shall not be placed in containers for regular collection.
Inflammable or explosive refuse. Highly inflammable or explosive materials shall not be placed in containers for regular collection but shall be disposed of as directed by the Director of Public Works at the expense of the owner.
Editor's Note: Former Section 1129.19, Refrigeration; former Section 1129.20, Wholesomeness of food and drink; former Section 1129.21, Storage and display of food and drink; former Section 1129.22, Cleanliness of foodhandlers; former Section 1129.23, Vermin and rodent control; former Section 1129.24, Cleanliness of premises required; former Section 1129.25, Sleeping facilities prohibited; former Section 1129.26, Locker facilities; former Section 1129.27, Care of soiled linens and garments; former Section 1129.28, Below ground establishments; former Section 1129.29, Dispensing bulk ice cream; former Section 1129.30, Poisonous materials for cleaning prohibited; former Section 1129.31, Storage or use of poisonous materials prohibited; and former Section 1129.32, Animals prohibited; exceptions, which previously followed this section, were repealed 11-17-2004 by Ord. No. 4599.
[Amended 8-11-1999 by Ord. No. 3710]
Every person who distributes or sells or offers for distribution or sale or has in his possession any food shall, on request of the Public Officer or an official representative of the Board, deliver as much thereof to such representative as may be requested as a sample for inspection and testing purposes.
If such is not immediately complied with, the Public Officer, the Board or its official representative may demand and take as much of the food as he may think necessary.
At no time shall a proprietor have in his possession either for sale or not for sale food which is unfit and is likely to cause illness or transmit disease. When in the opinion of the Public Officer, the Board or its official representative such food exists, it shall be ordered denatured, removed and disposed of. It shall be the duty of the owner or person in charge of such substance to remove it immediately and dispose of it at his own expense according to the direction of the Public Officer or the Board. In case the owner or person in charge shall fail to remove immediately and dispose of such substance as ordered, the same shall be caused to be denatured, removed and disposed of by the Public Officer or the Board at the expense of the owner or person in charge.
Samples of food, drink ingredients, containers or any substance used in connection with the preparation of food or drink may be taken by the Public Officer or a duly authorized representative of the Board 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 given away may be condemned, removed or destroyed by or under the direction of the Public Officer or a duly authorized representative of the Board if, in the judgment of the Public Officer or representative, such food, drink or substance is adulterated, decomposed, impure, unfit for human consumption, or dangerous to the public health. Any food, drink or other substance may be stopped from sale or use and placed under an embargo by the Public Officer or representative of the Board for as reasonable a period of time as may be required to make investigations or examinations, if such may be necessary to determine that the food, drink or other substance is adulterated, decomposed, impure, unfit for human consumption or dangerous to the public health. No food, drink or other substance shall be used, removed, destroyed or otherwise disposed of while under embargo except by or under the direction of the Public Officer or a representative of the Board. The owner of products placed under embargo by virtue of any power granted under this chapter shall have the right of appeal to the Board of Health. The Board shall afford a hearing within a reasonable time after receipt of a written request and shall give due notice of the time and place of the hearing to the owner of such goods. As a result of the hearing, the Board shall have the right to stay or set aside the order.
[Amended 8-11-1999 by Ord. No. 3710; 6-27-2018 by Ord. No. 5646]
Smoking is prohibited in eating and drinking establishments unless a waiver is granted by the state.
[Amended 8-11-1999 by Ord. No. 3710]
Public distribution or sale of any food or drink products or the like is not permitted unless prepared in a licensed, inspected and approved facility. Absolutely no home cooking, baking, preparation, storage, etc., shall be allowed in the City for sale or distribution of any kind.
Editor's Note: Former Article 1130, Shellfish, and former Article 1131, State Standards, which previously followed this section, were repealed 11-17-2004 by Ord. No. 4599.