Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Municipality of Kingston 11-5-1990 as Ord. No. 1990-31. (This ordinance also provided for the repeal of former Ch. 99, Food-Handling Establishments, adopted as follows: Art. I, 3-7-1966; Art. II, 12-15-1975.) Amendments noted where applicable.]
GENERAL REFERENCES
Transient retail businesses — See Ch. 165.

§ 99-1 Definitions.

The following definitions shall apply in the interpretation and enforcement of this chapter:
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.
HEALTH OFFICER
The Health Officer of the municipality 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.

§ 99-2 License required; suspension or revocation.

A. 
No person shall operate a restaurant in the municipality who does not possess an unrevoked license from the Board of Health of the municipality or its agent. Such license shall be posted in a conspicuous place where the food is prepared and sold. Only persons who comply with the requirements of this chapter shall be entitled to receive such a license.
B. 
Such a license 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 chapter. An opportunity for a hearing before the Board of Health shall be afforded a person whose license has been suspended or revoked.

§ 99-3 Examination of food.

Samples of food, drink or 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 adultered.

§ 99-4 Inspections.

At least every twelve (12) months the Health Officer shall inspect every restaurant licensed by the municipality. In case the Health Officer discovers the violation of any item of sanitation, he shall make second inspection after a lapse of such time as he deems necessary for the defect to be remedied, and the second inspection shall be used in determining compliance with the requirements of this chapter. Any violation of the same item of this chapter on such second inspection shall call for immediate suspension of license.

§ 99-5 Sanitary requirements.

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 files 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 are 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 well-ventilated. Adequate handwashing 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/her 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 multi-use eating and drinking utensils shall be thoroughly cleaned and effectively subjected to an approved bactericidal process after each usage. All multi-use utensils used in 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 of 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 clean, wholesome, free from spoilage and so prepared so to be safe for human consumption.
L. 
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 fowl 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.
M. 
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 hairnets or some other acceptable hair restraint. Employees shall not expectorate or use tobacco in any form in the area in which food is prepared.
N. 
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 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.

§ 99-6 Disease control.

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 of such disease.

§ 99-7 Enforcement.

A. 
The Board of Health may make all necessary regulations for clarifying and enforcing this chapter which are not inconsistent with the provisions contained herein.
B. 
The Board shall be guided by the provisions contained in the United States Public Health Service Code regulating eating and drinking establishments.

§ 99-8 License fees: temporary food sales permit.

[Amended 7-6-1994 by Ord. No. 1994-1]
A. 
The proprietors of all public eating and drinking places in the municipality shall pay to the municipality annually a license fee for the purpose of defraying the cost of inspections.
B. 
The annual license period shall be from January 1 to December 31 of each calendar year. License fees shall be determined by the following schedule, and shall be prorated for the calendar year, commencing with the month in which said license shall be issued, as to those establishments first commencing operations within said month. All other licenses shall be issued on an annual basis. License fees shall be determined according to the following schedule:
(1) 
Commencing immediately upon the effective date hereof, an annual or renewal license-inspection fee of sixty dollars ($60.) shall be required by the municipality before issuing any health license.
(2) 
Any person or establishment desiring to sell any type of food or drink in the municipality at an establishment which is not permanent shall be required to obtain a temporary food sales permit in the amount of twenty-five dollars ($25.). This permit shall be for a period of time not to exceed three (3) days.

§ 99-9 Bacterial testing and fees.

A. 
Swab tests to determine bacterial sanitation of all public eating and drinking establishments 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 one hundred (100) per milliliter shall be done at the cost of four dollars ($4.) per swab. The license holder shall pay this expense.
C. 
Any further testing to determine compliance with the requirements of this chapter shall be done at the Health Officer's direction. The license holder shall pay the cost of fifteen dollars ($15.) per swab for third and subsequent tests.
D. 
Analysis of highly perishable foods shall be done at the direction of the Health Officer. The license holder shall pay a cost of five dollars ($5.) for each first analysis of any food sample.
E. 
Any subsequent testing because of high bacterial counts shall be done at a cost of ten dollars ($10.) per sample to be paid to the license holder.
F. 
Violation of any provision of this section shall subject the license holder to the provisions of § 99-2.

§ 99-10 Violations and penalties.

A. 
Any person violating § 99-8 aforestated shall, upon conviction, be fined not less than seventy-five dollars ($75.) nor more than two hundred dollars ($200.) and, in default of payment thereof, may be imprisoned for not more than thirty (30) days.
B. 
Any person violating any other provision of this chapter or regulations clarifying this chapter made by the Board of Health shall, upon conviction, be fined not more than five hundred dollars ($500.) and, in default of payment thereof, may be imprisoned for not more than thirty (30) days.

§ 99-11 Severability.

The provisions of this chapter are hereby declared to be severable, and if any section, sentence, clause or phrase of this chapter shall be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses or phrases of this chapter, but the same shall remain in full force and effect, it being the intent that this chapter shall stand, notwithstanding the invalidity of any part thereof.