City of Lower Burrell, PA
Westmoreland County
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Table of Contents
Table of Contents
Chapter 172: Food-Handling Establishments
[HISTORY: Adopted by the City Council of the City of Lower Burrell 3-25-1998. Amendments noted where applicable.]
GENERAL REFERENCES
Health board — See Ch. 22.

§ 172-1 Purpose.

This chapter provides for the inspection of the business premises, stock and equipment of all dealers in food and foodstuffs, for the issuance of Health Department permits and the schedule of fees therefor and for penalties.

§ 172-2 Definitions.

The following definitions shall apply to the interpretation and enforcement of this chapter:
DEALER
Any person selling food, retail and wholesale and food processors, excluding milk dealers and processors.
FOOD
Articles used for consumption by humans and articles used for components thereof, but shall not include drugs or liquor.
FOOD ESTABLISHMENT
Any room or place where food is prepared, cooked, mixed, baked, smoked, preserved, exposed, bottled, packed, handled, stored, manufactured, offered for sale or sold.
FOOD PROCESSING ESTABLISHMENT
A facility whose principal function is the production of an article or articles for human consumption or components therefor.
FOOD STORAGE ESTABLISHMENT
A facility whose principal function is the storage of an article or articles for human consumption or components therefor.
HEALTH OFFICER
The Health Officer for the City of Lower Burrell Health Department or his authorized representative.
ITINERANT RESTAURANT
One operating for a temporary period in connection with a fair, carnival, circus, public exhibition or other similar gathering.
PERSON
An individual, firm, corporation, partnership, association, City, borough or township.
PUBLIC SERVICE FOOD ESTABLISHMENT
Food establishments serving or operating in schools, hospitals, governments or any benevolent, educational, philanthropic, humane, patriotic, religious, scientific or eleemosynary organization which offers is services of facilities gratuitously or at a nominal rate to the public so that such services or facilities act in relief of the public service food establishments that donate all proceeds to said establishment shall not include any association whose benefits and benevolence are not extended to the public at large but instead are restricted to its members or to a particular person or donor.
RESTAURANT
Restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, bar, sandwich stand, soda fountain, takeout establishment and all other eating or drinking establishments, as well as kitchens or other places in which food or drink is dispensed or prepared for sale elsewhere.
RETAIL
Sale directly to consumer.
WHOLESALE
Sale other than retail.

§ 172-3 Permit issuance.

A. 
Every dealer selling food in the City of Lower Burrell shall apply to the Health Department upon forms supplied by the Department for a health permit. Restaurants must have Health Department permits on or before January 1; itinerant restaurants and restaurants commencing after January 1 must have Health Department permits on or before July 1. This permit shall be good for a period of one licensing year, is not transferable; is valid for use only by the person or persons owning the business establishment at the address given at the time of issuance.
B. 
Upon submission of an application, the Health Officer shall issue to the dealer a Health Department permit, provided that the Health Officer finds the dealer complying with the rules and regulations of the City of Lower Burrell Health Department and the laws of the Commonwealth of Pennsylvania applicable to his business.
C. 
The Health Department permit shall be posted in a conspicuous place in or at the place or places for which issued.

§ 172-4 Permit fees. [1]

Each dealer at the time he makes his application shall be required to pay fees applicable to his particular business as set forth in an amount as established from time to time by resolution of the City Council:
A. 
Retail food establishment.
(1) 
Restaurant and itinerant restaurants. A minimum fee in an amount as established from time to time by resolution of City Council for each 20 seats or fraction thereof over 30 seats. Restaurants or itinerant restaurants that serve alcoholic beverages shall be assessed in addition to the previously listed fees in this subsection or other applicable fees. Bar stools shall not be counted as seats under this section.
(2) 
Retail sales establishments. Retail food establishments selling meats and groceries, meats only, groceries only, poultry, eggs and other retail food establishments such as confectioneries, bakery outlets and mobile retail food outlets shall be assessed fees in an amount as established from time to time by resolution of City Council.
B. 
Wholesale food establishments. Wholesale food establishments such as food storage and distribution establishments, cold food storage and distribution establishments and produce establishments shall be assessed a fee in an amount as established from time to time by resolution of City Council.
C. 
Food processing establishments.
(1) 
Retail and wholesale processors. Fees shall be established in an amount as established from time to time by resolution of City Council.
(2) 
Caterers. Fees shall be established in an amount as established from time to time by resolution of City Council.
D. 
Public food service establishment.
(1) 
Complete preparation kitchens. All public food establishments which operate a complete preparation kitchen shall be assessed a fee in an amount as established from time to time by resolution of City Council. The area to be measured for the purpose of determining the fee will consist of the area in which food is prepared, cooked, mixed, baked, smoked, preserved, exposed, bottled, packed, handled, stored, manufactured, offered for sale or sold.
(2) 
Limited preparation kitchen. All public service food establishments which operate a limited preparation kitchen shall be assessed a fee in an amount as established from time to time by resolution of City Council. A limited preparation kitchen shall be one which stores and handles for sale or distribution precooked food or food prepared at another location.
(3) 
Not-for-profit establishments. All volunteer not-for-profit groups' establishments which are public service food establishments as defined in this chapter, but excluding schools, hospitals and government agencies, shall be fee exempt.
E. 
In the event that the business of a person dealing in food and foodstuffs, including persons serving meals for a price, operators of soda fountains and bars, retailers, wholesalers, processors, manufacturers, is not completely described in the above schedule, he shall pay the fee applicable to the business described above most nearly resembling the business in which he is engaged.
F. 
Establishments conducting more than one different category of business within the same structure, of the businesses described in the categories above, either Subsection A, B, C or D, shall pay only the highest fee applicable. Establishments conducting more than one business activity of the same category of either Subsection A, B, C or D, in the same structure, shall pay a separate fee for each business activity.
G. 
Prorating fees.
(1) 
Establishments opening: first quarter: 100%; second quarter: 75%; third quarter: 50%; fourth quarter: 25% of total fees.
(2) 
A transfer fee in an amount as established from time to time by resolution of City Council shall be charged for any change of ownership for a continuing establishment during a calendar year.
(3) 
No refunds due to termination of business or temporary seasonal suspension of business shall be permitted.
(4) 
Fees of itinerant restaurants shall be prorated by the quarter.
H. 
The maximum fee for any single establishment shall be in an amount as established from time to time by resolution of City Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 172-5 Summary suspension or quarantine.

A. 
If the Health Officer in his judgment finds that there is imminent danger to the public health, he shall immediately suspend the license or quarantine the establishment.
B. 
Any person whose permit has been suspended or establishment quarantined under this section shall, upon request in writing, be entitled to a hearing before the Board of Health within 48 hours of the suspension or quarantine. A person whose permit has been suspended or establishment quarantined under this section shall have his permit reinstated if he completes the corrective action required by the Health Officer.

§ 172-6 Suspension of permit upon hearing and reinstatement.

If the Health Officer determines that there is a violation of any of these rules and regulations or laws of the Commonwealth of Pennsylvania and there is no imminent danger to the public health, he may suspend the permit of the food establishment. The suspension shall not become effective until written notice of the proposed suspension, sent by registered letter to the address stated in the application for the permit, has been given, and until an opportunity for a hearing has been afforded to the holder of this permit. The notice shall contain the reason therefor, and where applicable, any corrective action which must be taken and the time within which such correction must be completed. The Health Officer shall fix a hearing before the Board of Health no sooner than 10 days from the date of mailing the notice of suspension, unless the Health Officer and the applicant both agree to a hearing at an earlier date. If the permit holder fails to appear at the hearing, the suspension shall become effective at such time as may be fixed by the Health Officer but no sooner than 10 days from the date of the hearing.

§ 172-7 Violations and penalties. [1]

Any person, firm or corporation who shall violate any provisions of this chapter or any rule or regulation of the City of Lower Burrell Department of Health or who interferes with the Health Officer or any other agent of the Department of Health in the discharge of his official duties shall, upon conviction thereof, be sentenced to pay a fine of not less than $30 nor more than $1,000 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this chapter continues shall constitute a separate offense.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).