[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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
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."
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.
One operating for a temporary period in connection with a
fair, carnival, circus, public exhibition or other similar gathering.
The permission granted to a licensee to conduct a public
eating and drinking place, food establishment, or to operate as a
food vendor.
A holder of a license.
The Board of Health of the Borough of Collingdale.
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.
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.
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.
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.
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.
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]
[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.
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.
