[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.
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.
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.
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.
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.
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.
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.
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.
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.
