Borough of Collingdale, PA
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Collingdale 7-1-1968 by Ord. No. 394; amended in its entirety 10-5-1987 by Ord. No. 568 (Ch. 13, Part 2, of the 1987 Code of Ordinances). Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Board of Health — See Ch. 12.

§ 253-1 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
EMPLOYEE
Any person who handles food or drink during the preparation or serving, or 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. This shall include the proprietor or any member of the proprietor's family who handles food and drink. The masculine shall be interpreted to include the feminine and neuter pronoun.
FOOD ESTABLISHMENT
Any place where food or beverage intended for human consumption is kept, stored, manufactured, prepared, dressed, handled, sold or offered for sale, with or without charge, either at wholesale or retail, and not consumed on the premises; provided, however, that the term "food establishment" shall not include a "public eating and drinking place."
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, except that door-to-door salesmen of milk and bread products are specifically excluded from this definition.
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.
LICENSE
The permission granted to a licensee to conduct a public eating and drinking place, food establishment, or to operate as a food vendor.
LICENSEE
A holder of a license.
LICENSOR or BOARD
The Board of Health of the Borough of Collingdale.
PERISHABLE FOODS
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 and ice cream and ice cream products are excluded from the terms of this definition.
PROPRIETOR
Any person, partnership, association or corporation conducting or operating within the limits of the Borough a public eating or drinking place, food establishment, or operating as a food vendor.
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; industrial kitchen, dining room, cafeteria or snack bar; school lunch room or cafeteria; or any other place where food, drinks or refreshments are served, sold or prepared and sold or given away, to be consumed on or off the premises; provided, however, that this definition shall not be interpreted to include boardinghouses or private homes.
VENDING EQUIPMENT
Any self-service device offered for public use which, upon insertion of a coin, coins 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.

§ 253-2 Licenses.

A. 
Public eating and drinking places. It shall be unlawful for any person to operate a public eating and drinking place in the Borough who does not possess a license from the Board of Health of the Borough of Collingdale. The fee for such a license shall be $30. Licenses shall be granted for a period of one year (commencing February 1) or portion thereof. 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 10 days before the expiration of the existing license. Licenses may be suspended or revoked for violations by the holder thereof of these rules and regulations. No license shall be suspended or revoked without the licensee being given a hearing before the Board of Health.
B. 
Food establishments.
(1) 
It shall be unlawful for any person to operate a food establishment in the Borough of Collingdale who does not possess a license from the Board of Health of the Borough of Collingdale. The fee for such a license shall be $50. Licenses shall be granted for a period of one year, commencing July 1, or a portion thereof. 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 10 days before the expiration of the existing license.
[Amended 1-3-2006 by Ord. No. 647]
(2) 
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.
C. 
Bakeries. The cost of a yearly license fee for bakeries shall be $75.
[Amended 1-3-2006 by Ord. No. 647]
D. 
Food vendors. Applications for licenses shall be on forms provided by the Board and 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.
(1) 
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 supplies shall result in the refusal to issue or the revocation of the food vendor's license.
(2) 
It shall be unlawful for any person to sell or distribute to the public prepared or perishable food from any food vending vehicle without obtaining a license from the Board of Health of the Borough of Collingdale. The fee for such a license shall be $50 per year. Licenses shall be granted for a period of one year, commencing February 1, or portion thereof. Such licenses shall be displayed at all times in a conspicuous place and shall not be transferable. Application for renewal of a license shall be made at least 10 days before the expiration of the existing license.
(3) 
A license will not be issued to any person until the Board of Health has inspected and approved the establishment and equipment from which the food is to be obtained. Written permission for the Board to inspect or reinspect such establishment or equipment shall be secured by the applicant. Any such establishment shall be equipped and operated in compliance with the provisions 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. Applications for renewal of licenses shall be made prior to January 1 of each year for a further period of 12 months.
(4) 
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.
E. 
Vending machines.
(1) 
A vending machine license shall be $10.
[Amended 1-3-2006 by Ord. No. 647]
(2) 
A license shall be required for all vending machines which dispense any food products or drinks not canned or bottled.
F. 
Late charges. A late charge shall be applicable to all licenses in this chapter according to a schedule set by Council, which may be changed by a resolution of Council from time to time.
[Amended 7-11-1994 by Ord. No. 599; 3-6-2006 by Ord. No. 648]

§ 253-3 Foodhandler certificates.

[Amended 7-11-1994 by Ord. No. 599; 1-3-2006 by Ord. No. 647; 3-6-2006 by Ord. No. 648]
A. 
All employees are required to obtain a foodhandler's certificate from the Board of Health within five days of employment. All employees who work five days in any one calendar month shall have a certificate. The fee shall be set by Council, which may be changed by a resolution of Council from time to time.
B. 
A late charge shall be applicable to all foodhandler certificates as outlined in this section, according to a schedule set by Council, which may be changed by a resolution from time to time.

§ 253-4 Violations and penalties.

Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction thereof, be sentenced to pay a fine of not more than $300 and/or to imprisonment for a term not to exceed 90 days.