[HISTORY: Adopted by the Borough Council of Montgomery Borough 10-14-1992 by Ord. No. 1992-5 (Ch. VII, Part 1, of the 1996 Code of Ordinances). Amendments
noted where applicable.]
A.
Any person wishing to operate a food establishment in the Borough
of Montgomery on or after the effective date of this chapter shall
possess an unrevoked license from the Board of Health of the Borough
of Montgomery. Said license shall be posted in a conspicuous place
in such person's place of business. Only persons who comply with
requirements of the Board of Health of the Borough of Montgomery,
and this chapter, shall be entitled to receive and maintain such a
license. All licenses are nontransferable. Any change in ownership
of a food establishment will require the issuance of a new license,
subject to approval by the Borough Health Officer. Notice of any such
change of ownership shall be given within 10 days of the date of change,
and failure to notify the Borough as aforesaid during the continuance
of the business of the food establishment shall be considered a violation
of this chapter.
B.
A license or permit to operate a public eating or drinking establishment
is a conditional instrument of agreement between Montgomery Borough
and the establishment in accordance with, and subject to, the provisions
of the Pennsylvania Code, Title 7, Chapter 46, commonly referred to
as the "PA Food Code." The license/permit is an instrument to be displayed
to the public that the establishment has satisfied the provisions
of the PA Food Code and thereby authorized to provide food and drink
service to the public. The license/permit remains the property of
the Borough of Montgomery and is subject to revocation or suspension
and surrender to the Borough upon evidence of noncompliance in accordance
with this chapter and the PA Food Code.
[Added 10-10-2006 by Ord.
No. 2006-4]
As used in this chapter, the following terms shall have the
meanings indicated:
A public eating facility, including, but not limited to,
restaurants, food stands, concession stands, as well as food vendors
and caterers, operated for profit or for nonprofit, within the Borough
of Montgomery.
A license may be suspended by the Board of Health, or revoked
after an opportunity for hearing by the Board of Health, upon violation
by any owner of such license, of any of the provisions of this chapter,
or of the rules and regulations of the Board of Health of the Borough
of Montgomery, as well as applicable rules and regulations of the
United States or the Commonwealth of Pennsylvania.
Any food establishment whose license has been suspended may,
at any time, make application for reinstatement of license. Within
one week after receipt of a satisfactory application, accompanied
by a statement signed by the applicant to the effect that the violated
item or items have been conformed with, the Health Officer shall make
a reinspection, and thereafter as many additional reinspections as
he may deem necessary to make sure the applicant is complying with
the requirements, and in case of compliance, the Board of Health shall
reinstate the license.
[Amended 5-13-1997 by Ord. No. 1997-1; 10-10-2006 by Ord. No. 2006-4]
Annual commercial license fees shall be paid by any commercial
food establishment and shall be set from time to time by the Borough
Council of the Borough of Montgomery by resolution.
[Amended 5-13-1997 by Ord. No. 1997; 10-10-2006 by Ord. No. 2006-4C]
Temporary license fees shall be paid by any person, establishment
or other organization operating a food establishment which does not
a have a permanent location or facility in an amount to be set by
the Borough Council of the Borough of Montgomery from time to time
by resolution.
[Amended 5-13-1997 by Ord. No. 1997-1; 10-10-2006 by Ord. No. 2006-4]
Upon payment of the license fees required by § 223-5, all establishments are entitled two formal inspections annually, one initial inspection and one follow-up inspection to determine if any listed deficiencies have been corrected. Any subsequent inspections/compliance checks or call backs required as a result of the establishment's failure to comply with the provisions of this chapter, the Borough Code or state law, shall require payment of such fees regardless of whether the establishment passes or fails the inspection/compliance check or call back. The fees shall be determined by Borough Council from time to time by resolution.
[Amended 12-12-1995 by Ord. No. 1995-21; 5-13-1997 by Ord. No. 1997-1]
Any person who violates any provision of this chapter shall
be guilty of an offense and for every such violation, upon conviction,
shall be sentenced to pay a fine of not less than $50 nor more than
$600 and costs of prosecution and, in default of payment of fine and
costs, to undergo imprisonment for not more than 30 days.
