[HISTORY: Adopted by the City Council of the City of Harrisburg
by Ord. No. 40-1926. Amendments noted where applicable.]
CROSS-REFERENCES
Food safety: see 3 Pa.C.S.A. § 5721 et seq.
Meat and poultry hygiene: see 31 P.S. § 483.1 et seq.;
7 Pa. Code Ch. 1.
Milk sanitation: see 31 P.S. § 660c.
Retail food facility safety: see 3 Pa.C.S.A. § 5701
et seq.
[Amended 6-5-2007 by Ord. No. 3-2007]
No person shall sell, dispose of, or offer for sale as human
food any meats, fish or other foods within the City without first
obtaining a food license therefor, in accordance with the provisions
of this chapter and the food regulations of the Pennsylvania Department
of Agriculture ("Department"), 7 Pa. Code Chapter 46.
The Health Officer shall not issue any food inspection license
until after ascertaining the sanitary conditions of the places where
the food is produced, handled or sold; also, the Health Officer is
satisfied with the food inspector's recommendation that the care
and handling of such foods will be in accordance with the provisions
of this chapter and the applicable regulations of the Department.
[Ord. No. 46-1982; Ord. No. 15-1983; Ord. No. 6-1995; amended 11-12-2002 by Ord. No. 25-2002]
A.
For the purposes of meeting the cost and expense of executing the
provisions of this chapter, the following license fees are imposed.
B.
MARKET STYLE VENDOR
RETAIL GROCER
WHOLESALE GROCER OR FOOD/BEVERAGE DISTRIBUTOR
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context. Any word not defined herein shall have the definition contained in the Glossary, Chapter 1-302, or the ordinary dictionary definition:
A person or persons or any business operating in conjunction
with other persons or businesses to offer limited retail food and/or
beverage during limited hours and at one location.
A person or persons or any business involved in the sale
of prepackaged food and/or beverages.
A person or persons or any business offering wholesale food/beverage
service, primarily to retail outlets, restaurants and institutions.
C.
An annual fee as set forth in the Appendix to the Codified Ordinances
shall be imposed for each of the following categories of health licenses:
[Amended 6-11-2013 by Ord. No. 8-2013]
(1)
All keepers of a public eating and drinking establishment, with
a capacity of zero to 99 persons;
(2)
All keepers of a public eating and drinking establishment, with
a capacity of 100+ persons;
(3)
All keepers of a restaurant who also provide catering services
and participates in special events;
(4)
All street vendors of food products and individuals offering
catering throughout the City;
(5)
All individuals and nonprofit entities operating a temporary
eating or drinking establishment for a specified period of time;
(6)
All individuals operating as a market-style vendor, either indoors
or outdoors;
(7)
All market-style vendors providing meat, poultry, seafood or bakery products shall carry a fee in addition to the fee outlined in Subsection C(6) above;
(8)
All market-style vendors providing wholesale food service shall carry a fee in addition to the fee outlined in Subsection C(6) above;
(9)
All retail grocers with a total floor area of 999 square feet
or less;
(10)
All retail grocers with a total floor area of 1,000 square feet
or more;
(11)
All retail grocers providing meat, poultry, seafood or bakery
products shall carry a fee in addition to the fee outlined above;
(12)
Any wholesale grocer or food/beverage distributor;
(13)
Any nonprofit organization operating a social kitchen limited
to the benefit of their members and not being utilized as a source
of revenue;
(14)
Any nonprofit organization operating a commercial kitchen or
producing revenue through food and/or beverage service or providing
food and/or beverage service as part of an institution;
(15)
Any hotel, motel, rooming house, hostel, educational facility,
institution or place of assembly for more than 99 persons and under
1,000 square feet. Structures used primarily as a place of worship
are exempted;
(16)
Any hotel, motel, rooming house, hostel, educational facility,
institution or place of assembly for more than 99 persons and between
1,000 square feet and 4,999 square feet. Structures used primarily
as a place of worship are exempted;
(17)
Any hotel, motel, rooming house, hostel, educational facility,
institution or place of assembly for more than 99 persons and between
5,000 square feet and 9,999 square feet. Structures used primarily
as a place of worship are exempted;
(18)
Any hotel, motel, rooming house, hostel, educational facility,
institution or place of assembly for more than 99 persons and between
10,000 square feet and 19,999 square feet. Structures used primarily
as a place of worship are exempted;
(19)
Any hotel, motel, rooming house, hostel, educational facility,
institution or place of assembly for more than 99 persons and over
20,000 square feet. Structures used primarily as a place of worship
are exempted.
D.
Payment of the actual costs incurred by the City for any and all
laboratory fees resulting from an inspection of a licensed facility
shall be the sole responsibility of that facility.
E.
An additional fee as set forth in the Appendix to the Codified Ordinances
shall be imposed when, due to an unsatisfactory pre-inspection, complaint
investigation or an unsatisfactory annual inspection, a reinspection
is required.
F.
An application fee will be applied to new and amended applications
in order to provide for the maintenance of records and technology
development.
G.
All fees shall be doubled in the event an application is submitted
less than 10 days prior to an opening or event or in the event of
an opening without an approved license.
H.
In addition to the annual license fee, a late fee as set forth in
the Appendix to the Codified Ordinances shall be applied to every
annual license fee received after the due date.
[Added 6-5-2007 by Ord. No. 3-2007; amended 4-9-2013 by Ord. No.
3-2013]
[Ord. No. 34-1979; amended 4-9-2013 by Ord. No. 3-2013]
The license fee shall be due and payable at the office of the
City Treasurer on January 1, annually, and the Treasurer shall register
the name of the licensee in a registry to be kept for that purpose
and designated "Health License." The Health Officer shall furnish
each licensee with a certificate showing the number of the license
and the year for which it is granted, which certificate, together
with the inspection form and rating classification form, shall be
displayed by the licensee conspicuously at the place of business where
it may be readily observed.
[Ord. No. 24-1992]
Fat, grease, oil, and grit interceptors, traps or other such
removal devices shall be installed in accordance with the Plumbing
Code[1] to remove excessive amounts of liquid, semisolid or emulsified
fats, grease, and oil or grit from the nondomestic wastestream of
a commercial eating establishment or motor vehicle wash facility.
[Ord. No. 24-1992]
Inspection and maintenance of such fat, grease, oil, or grit
interceptors, traps or removal devices shall occur, at a minimum,
on a monthly basis to assure good operating condition. Inspection
and maintenance logs and certified disposal manifests shall be maintained
and retained for a minimum of three years or longer, as specified
by the City, and access by an authorized City representative afforded
thereto for the purpose of copying records and inspecting for compliance
with this chapter.
[Ord. No. 24-1992]
The disposal of contents from fat, grease, oil, or grit interceptors,
traps or other such removal devices shall be in accordance with all
federal, state or local laws and regulations. Transportation and disposal
facilities must provide certified disposal manifests to document the
proper disposal of the fat, grease, oil, or grit. In no case will
the direct or indirect discharge of the contents of a fat, grease,
oil, or grit interceptor, trap or other such removal device to the
City's sanitary sewer system be an acceptable means of maintenance
of such interceptors, traps or devices or provide a substitute for
the proper disposal of such contents.
No person required by the provisions of this chapter to pay
a license fee shall fail or refuse to pay the same, and no person
shall sell or offer for sale any meat or other food or food products
below the standards provided by this chapter or refuse to comply with
any order of the Health Officer.
[Added 6-5-2007 by Ord. No. 3-2007]
A.
The Health Officer or any other authorized City employee may conduct
periodic inspections of any public eating and drinking establishment
for the purpose of determining that such operator and the establishment
are in compliance with all provisions of this chapter. The Health
Officer may request a member of the Board of Health or a designee
to assist in the performance of inspections.
B.
It shall be unlawful for any person or operator to willfully prevent
or restrain any City official from entering any public eating and
drinking establishment for the purpose of inspecting said premises
after proper identification is presented to the operator.
[Added 6-5-2007 by Ord. No. 3-2007]
A.
The Health Officer may revoke the license granted under this chapter
whenever it appears that the licensee or his or her agents or employees
are operating the public eating and drinking establishment in violation
of this chapter or in such a manner so as to be a threat to the public
health or safety.
B.
The Health Officer shall notify the licensee of the intention to
revoke the license. The notice shall be in writing, signed by the
Health Officer, and shall set forth findings of fact and the grounds
on which the revocation is based. Said notice of such determination
shall be delivered to the licensee in person, by first-class mail,
or by certified mail, return receipt requested, to the place of business
of the public eating and drinking establishment.
C.
The licensee shall have five days after service was effectuated to
file a written request to the Board of Health for a hearing to review
the Health Officer's determination.
D.
Within 10 days of the receipt of such an application for a hearing,
the Health Officer shall notify the licensee of the time and place
of such hearing.
[Added 6-5-2007 by Ord. No. 3-2007]
When it appears to the Health Officer that the operation of
the public eating and drinking establishment poses an immediate and
imminent threat to the public health and safety such that irreparable
harm will occur if the public eating and drinking establishment is
not immediately closed, the Health Officer shall have the power to
order the immediate closure of such establishment until such time
that the violations complained of have been corrected or the Board
of Health determines that the Health Officer erred in closing the
establishment.
