[HISTORY: Adopted by the City Council of the City of Monessen as indicated in article histories. Amendments noted where applicable.]
Alcoholic beverages — See Ch. 122.
Article I Food Vendors
Article II Public Eating and Drinking Places
[Derived from Ch. XI, Part 1, of the 1964 Code of Ordinances of the City of Monessen]
It shall be unlawful for any person or persons, whether as principal, agent, servant or employee, or for any partnership, association, firm or corporation to sell, barter or exchange or to keep or offer for any such purpose, at any place within the City of Monessen, any article of food or foodstuff in a condition of decay, taint, staleness or unwholesomeness.
All buildings in which any food or foodstuff shall be kept prior to sale or for sale shall be protected against flies and other insects by the use of screens over all open doors and windows, and the exposure of such food and foodstuff shall be done in such a manner as effectively to protect against contamination by dogs, cats, mice, flies and other insects and vermin.
It shall be unlawful to transport upon any of the streets in the city any prepared food, such as bread or pastry, unless the same shall be securely enclosed and protected against contamination from any source whatsoever, including but not limited to the person of the employees, dust and flies.
It shall be the duty of the Board of Health, by its Health Officer or other duly appointed officer, to inspect regularly all stores, markets, dairies, bakeries and all other places dealing with food or foodstuffs and to determine whether all provisions of this article are fully carried out by the proprietors thereof. It shall further be the duty of the Board of Health, by its Health Officer or other duly appointed officer, to prohibit the sale of decayed, tainted, stale or unwholesome food or foodstuffs, full authority being hereby conferred upon him to enter any and all of the above-mentioned places and to condemn or otherwise disapprove of such merchandise by the methods sanctioned and used by the Pennsylvania Department of Agriculture or other agency of the commonwealth now or hereafter charged with jurisdiction and authority over such matters.
An annual inspection as set forth from time to time by resolution of the City Council shall be charged to each person or persons, partnership, association, company or corporation selling, bartering or exchanging or keeping for sale any article of food or foodstuff.
Any person or persons, partnership, association, firm or corporation violating or failing to comply with any of the provisions of this article shall, for every such violation or failure to comply, upon conviction thereof in a summary proceeding before any District Justice having jurisdiction of such offense, be sentenced to pay a fine of not more than $300 or to undergo imprisonment not exceeding 90 days, or both. Each day's continuance of a violation or of failure to comply with any of the provisions of this article shall constitute a separate violation.
[Derived from Ch. XI, Part 2, of the 1964 Code of Ordinances of the City of Monessen]
The following terms shall be construed in this article to have the meanings hereinbelow set forth:
- Any cook, waiter, kitchen help, chambermaid, house servant or other employee of any kind in a public eating or drinking place who in any manner whatever handles or comes in contact with food or drink served to or provided for the public, and shall include the proprietor or any member of the proprietor's family handling said food or drink.
- Any person, partnership, association or corporation conducting or operating a public eating or drinking place within the City of Monessen.
- PUBLIC EATING AND DRINKING PLACE
- Any place within the City of Monessen where food or drink is served to or provided for the public with or without charge.
On and after the passage of this article, it shall be unlawful for any proprietor to conduct or operate a public eating or drinking place in the City of Monessen without first obtaining a certificate of inspection from the Health Officer of said city, or after the revocation thereof as herein provided. Said certificate shall be issued only after said Health Officer shall have ascertained by due inspection that the premises at which the proposed public eating or drinking place is to be conducted complies in all respects with the provisions of the Act of Assembly of May 23, 1945 (No. 369), and with the rules and regulations adopted by the Department of Health of the Commonwealth of Pennsylvania, pursuant to the authority vested therein by said Act. Every certificate of inspection shall be conspicuously displayed at all times in the public eating or drinking place designated therein.
Every employee of each and every public eating and drinking place in the City of Monessen shall obtain a health certificate from a licensed physician of the Commonwealth of Pennsylvania who shall have registered with the Health Officer of the city, certifying upon blanks to be furnished by the Health Officer that such employee is free from trachoma, active tuberculosis of the lungs, open skin tuberculosis, syphilis in its transmissible stage, gonorrhea, open external cancer, barber's itch or any infectious disease or open external lesion and is not a carrier of typhoid fever or amoebic dysentery or of other intestinal infection or diphtheria. No proprietor shall employ or retain in his employment in such public eating or drinking place any person who shall not have obtained such certificate. Said certificate shall be in the form prescribed by the Health Officer of the City of Monessen and shall be filed with the Health Officer within five days from the date that the physician's examination is stated on said certificate to have taken place. A health certificate shall be valid for a period of one year from the date of issue, but shall be declared invalid at any time prior thereto if the employee named therein shall within said period contract any of the diseases hereinabove enumerated or be found to be a carrier of typhoid fever, amoebic dysentery or diphtheria.
It shall be the duty of the Health Officer of the City of Monessen, and he is hereby granted power and authority, to inspect by his duly authorized inspectors, agents and employees the food, drink and other commodities prepared, served, dispensed or sold in each and every public eating and drinking place in the City of Monessen, including the manner of their preparation, at all reasonable business hours, and to ascertain whether such eating and drinking place is being conducted in compliance with the provisions of the aforesaid Act of Assembly, the rules and regulations of the Department of Health of the Commonwealth of Pennsylvania adopted thereunder and the provisions of this article, and whether any condition or conditions existing therein are prejudicial to the public health. The Health Officer of the City of Monessen shall have the right and authority to revoke any certificate of inspection issued by it under the terms of this article for the violation of any of the provisions thereof, following notice and reasonable opportunity to the proprietor to correct such violations. This provision shall be in addition to and not in substitution of the penalties contained in § 236-12 hereof.
[Amended 2-27-1974 by Ord. No. 3-1974; 1-15-1992 by Ord. No. 3-1992; 2-18-1998 by Ord. No. 1-1998]
The annual fee for the certificate of inspection shall be as set forth from time to time by resolution of the City Council.
Any proprietor, manager, partner, agent, servant or employee who shall conduct a public eating or drinking place in the City of Monessen without first having obtained a certificate of inspection as herein provided or who shall continue to conduct such place after the revocation of said certificate or who shall violate any of the other provisions of this article shall for each offense, upon conviction thereof in a summary proceeding before any District Justice having jurisdiction of such offense, be sentenced to pay a fine of not more than $300 or to undergo imprisonment not exceeding 90 days, or both.