[HISTORY: Adopted by the Borough Council of the Borough of Milton 1-21-1976 as Ord. No. 724 (Ch. IX, Part 2, Secs. 11 through 17 of the 1957 Code of Ordinances). Amendments noted where applicable.]
Board of Health — See Ch. 27.
Zoning — See Ch. 243.
It shall be unlawful for any person, firm or corporation to operate a retail public establishment, whether temporary or permanent or stationary or mobile, at which food or drink is served, sold or offered for sale directly to the public, hereinafter called "retail food establishment," in the Borough of Milton, Northumberland County, Pennsylvania, without first obtaining a permit from the Health Officer of the Borough of Milton.
[Amended 11-18-1981 by Ord. No. 875]
The Health Officer of the Borough of Milton shall issue a permit to each retail food establishment operator on the first day of September of each calendar year upon receipt of the annual license fee of $25. Such a permit shall be issued only when the Health Officer has determined that the retail food establishment operator is not in violation of the requirements of this chapter.
[Amended 1-25-1995 by Ord. No. 1059]
A permit may be suspended by the Health Officer upon discovery by the Health Officer that a retail food establishment operator is in violation of the requirements of this chapter, and a permit may be revoked by the Health Officer, after an opportunity for a hearing, upon a determination that the retail food establishment operator has not complied with the requirements of this chapter after due notification by the Borough Health Officer of such violation.
There is hereby adopted by the Council of the Borough of Milton for the purpose of prescribing regulations governing the operation and maintenance of food establishments in the Borough of Milton that set of rules and regulations known as "Title 25, Rules and Regulations, Part 1, Pennsylvania Department of Environmental Resources, Subpart D, Environmental Health and Safety, Article 1, Food Protection, Chapter 151, Food Establishments, adopted September 8, 1971." Not fewer than three copies of said rules and regulations have been and are now on file in the office of the Borough Secretary and the same are hereby adopted and incorporated as fully as if set out at length herein, and from and after the date of the passage and publication of this chapter, the provisions thereof shall be controlling in regulating retail food establishments in the Borough of Milton, Northumberland County, Pennsylvania.
There shall be an inspection fee of $25 per inspection per annum.
The Health Officer, or a duly qualified agent appointed by him, may take samples of food and drink for purposes of examination as often as may be reasonably necessary for the detection of unwholesomeness or adulteration. The Health Officer may condemn or forbid the sale of or cause to be removed or destroyed any food or drink which is found to be unwholesome or adulterated.
The Health Officer of the Borough of Milton shall inspect every retail food establishment within the Borough of Milton and shall determine that each retail food establishment operator is in compliance with the requirements of this chapter before granting the permit as hereinbefore provided.
[Amended 1-25-1995 by Ord. No. 1059]
Any persons, firm or corporation violating any of the provisions of this chapter shall be required, upon conviction thereof, to pay a penalty of not less than $50 nor more than $100, plus costs of prosecution, recoverable before any District Justice, and, upon default of payment of the penalty and costs, such person or persons may be committed to the county jail for a period not exceeding 30 days, provided that each day's violation of any provision of this chapter shall constitute a separate offense.