[HISTORY: Adopted by the City Council of the City of Monessen as
indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 122.
[Derived from Ch. XI, Part 1, of the 1964 Code of Ordinances of the
City of Monessen]
[1]
Editor's Note: See current applicable statutory provisions in
3 Pa.C.S.A § 6501.
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]
[1]
Editor's Note: See current applicable statutory provisions in
3 Pa.C.S.A § 6501.
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.
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.
