Borough of Clifton Heights, PA Enforcement and Penalties

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§ 170-23 Prohibited conduct; enforcement; violations and penalties.

No proprietor shall operate or conduct a public eating or drinking place within the geographical boundaries of the Borough of Clifton Heights except in strict compliance with these aforesaid regulations.

Any proprietor in possession of a valid license to operate a public eating or drinking place who fails to comply with these regulations may have such license either revoked or suspended by the Borough or its Health Officer at any time during the license period.

Failure to secure a permit or license when required or operating after suspension or revocation of a permit or license by the Health Officer or other administrative officer specified herein shall constitute a violation of this chapter. When written notice of a violation of any of the provisions of this chapter has been served upon any person, such violation shall be discontinued immediately.

Any person, firm or corporation who violates any provision of this chapter shall, upon conviction thereof, be liable to a fine or penalty not exceeding $1,000, plus costs, and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Whenever such person shall have been notified officially by the Health Officer or other administrative officer herein specified or by the service of a summons in prosecution or in any other official manner that he is committing a violation of this chapter, each day that he/she shall continue such violation, after such notification, shall constitute a separate offense, punishable by a like fine or penalty. Such fines or penalties shall be collected as like fines or penalties are now by law collected.

Any applicant who has been refused a license, or any licensee whose license has been revoked or suspended and who feels aggrieved by the action of the licensor, shall be privileged to appeal that decision to and be heard by Borough Council. The licensor shall be given notice of any such hearing and shall present all applicable records to Borough Council.

Any licensee who has had his business shut down by the Health Officer shall have a right to a hearing with a de facto committee of three Council members within 24 hours. The President of Council or his designee shall appoint a committee for said hearing.

Any applicant or licensee who is aggrieved by an action of Borough Council shall be privileged on payment of the reasonable expense of preparing the same to have such records certified to the Court of Common Pleas of the County of Delaware, whereupon the Court shall review such records and proceedings and properly enter such order or decree as the facts shall justify.