[HISTORY: Adopted by the Borough Council
of the Borough of Upland 8-11-1992 by Ord. No. 8-1992 (Ch. 22 of the 1969
Code). Amendments noted where applicable.]
The following are hereby declared by the Council
of the Borough of Upland to be against the public health, welfare
and good order. It shall be illegal for any person, persons, company
or corporation to act, permit or allow any of the actions in the sections
of this chapter.
[Amended 12-10-1996 by Ord. No. 9-1996]
As used in this chapter, the following terms
shall have the meanings indicated:
The Borough Health Inspector, Deputy Health Inspector or
any qualified person being duly appointed by Borough Council.
Includes the plural as well as the singular and applies to
any company or corporation, wherever appropriate.
A.
Any and all persons, companies, corporations, markets,
stores, hospitals, drug stores, outlets, ice cream trucks, water ice
trucks or similar establishments which handle, vend, sell or expose
for sale within the Borough of Upland, Pennsylvania, any food or food
product meant for human consumption shall, before April 1 of each
and every calendar year, undergo an inspection by the Health Inspector
certifying to sanitary and proper conditions required for the storage,
handling and sale of food or food products. Upon certification of
the Health Inspector and payment of all fees to the Borough of Upland,
a validated license shall be issued.
B.
All licenses issued pursuant to this chapter shall
expire on December 31 of each year.
For the protection, health and well-being of
the citizens of Upland, Pennsylvania, safe, sanitary and proper conditions
are defined to be those as defined by the Pennsylvania Department
of Health, plus any further conditions and regulations as enacted
by any ordinance of the Borough of Upland, Pennsylvania.
The Health Inspector of the Borough of Upland
is hereby authorized and ordered to enter into or upon any property
or public or private nonprofit organization in order to make the required
inspection or inspections of all places where food or food products
meant for human consumption are held, stored or exposed for sale or
sold, either at retail or wholesale, within the Borough of Upland,
Pennsylvania, at any time during business hours. At least one inspection
for compliance shall be made during each calendar year, prior to April
1 of each year.
Each and every establishment where food meant
for human consumption is held, stored, vended, exposed for sale or
sold shall obtain an Upland food handler's card for each and every
employee of said establishment, prior to any employee actually working
in such establishment. All cards shall be maintained in a file upon
the premises and must be presented for inspection during business
hours upon demand of either the Health Inspector or any member of
the Borough Council.
[Amended 12-10-1996 by Ord. No. 9-1996]
Any person who wishes to be employed in food
handling shall obtain from the Health Inspector the food handler's
health report, which is to be completed and signed by a licensed physician.
Upon return of this signed report to the Health Inspector, provided
that the applicant is free from disease, an Upland food handler's
card shall be issued to the applicant upon payment of a fee as set
from time to time by resolution of the Borough Council. Said applicant
shall also be required to pay the occupational privilege tax or provide
proof that said person has paid the occupational privilege tax[1] in another municipal jurisdiction, prior to the issuance
of food handler's card. All such cards shall expire on the last day
of each calendar year and must be renewed in the same manner in which
they were originally obtained; provided, however, that any card issued
after September 1 of any year shall expire the last day of the following
year. All food handler's health reports shall be maintained for a
period of three years by the Health Inspector.
All establishments covered by this chapter shall
maintain a rest room containing soap and running hot water. A sign
shall be prominently posted which states "All Employees Must Wash
Hands With Soap and Water Before Returning to Work" or words to that
effect. Furthermore, all employees are to be verbally instructed as
to this requirement.
The following are the maximum temperatures at
which the following foods and beverages are to be stored:
At least twice a week, all garbage, trash and
refuse shall be collected by that agent employed by the establishment.
Prior to collection, all trash and refuse must be kept within a fully
enclosed container or closed plastic bag. All garbage must be kept
within a garbage can with a tight-fitting lid to absolutely exclude
all insects, rodents and animals. None of the materials mentioned
in this section may be openly exposed for any reason whatsoever, either
deliberately or accidentally. For purposes of this chapter, "garbage"
is defined to be any organic matter.
[Amended 12-10-1996 by Ord. No. 9-1996]
The cost of each yearly inspection shall be
as set from time to time by resolution of the Borough Council and
the cost of the license shall be as set from time to time by resolution
of the Borough Council. If additional inspections are necessary, a
fee as set from time to time by resolution of the Borough Council
for each and every inspection subsequent to the first inspection.
All moneys collected shall be paid into the general fund of the Borough
of Upland.
Any person, companies, corporations, markets
or stores or similar establishments which shall fail to obtain a license
or the proper number of Upland food handler's cards as required by
this chapter shall immediately cease and desist operations upon written
orders from the Health Inspector. Any establishment which continues
operation in violation of this chapter shall, upon conviction before
the District Justice, be fined not more than $1,000 and costs and,
in default thereof, shall be imprisoned not more than 30 days. Each
day's violation shall constitute a separate offense.
[Amended 12-10-1996 by Ord. No. 9-1996]
Any establishment in which there exists any
unsanitary conditions or any condition or conditions which present
a threat or hazard to the health and well-being of the patrons of
the establishment or the citizens of Upland shall be given not less
than one hour nor more than one week to correct the improper condition
or conditions. Upon failure of the owners to correct the offending
condition or conditions, an immediate closure of the business shall
be ordered. The Health Inspector shall immediately place at the entrance
a sign reading "Closed by the Health Inspector." Any establishment
which continues operation after the issuance of the closure order
or which removes, causes to be removed or permits the removal of the
aforementioned sign by anyone except the Health Inspector shall be
subject to a fine of not more than $1,000 for each day that the offense
continues, together with the costs of prosecution. In default of payment
of fine and costs, the owner shall be imprisoned for not more than
30 days. Each day's violation shall constitute a separate offense.
Any nonprofit organization, such as churches,
firehouses or clubs, shall be exempted from the provisions of this
chapter, except that they shall be inspected and licensed at no charge,
provided that they meet the standards set forth in this chapter.
